چکیده:
Human sexual needs, alongside emotional needs, have been considered in Islam. Since the family unit is the only legal-moral place to fulfill these needs, and the family is formed by the union of a man and a woman, these needs must be recognized for both individuals, and the mechanisms for fulfilling them must be considered within the Islamic jurisprudence system. Although in the view of a group of jurists, the woman only has a receptive role and fulfilling the husband's sexual needs is considered among her duties, the present research shows that fulfilling sexual needs is a mutual right and duty for both the wife and the husband; therefore, although the woman's duty is obedience to her husband, in return, the man's duty, in addition to providing maintenance (nafaqah), will be to fulfill the sexual needs of his spouse. Accordingly, the ruling on the obligation of intercourse every four months upon the husband only applies to conditions where the woman has not previously requested sexual intercourse; just as the obligation of obedience upon the woman refers to a situation where the woman herself also has a desire to establish sexual relations. Thus, productivity and establishing sexual relations is a two-way right and duty that will not gain legitimacy except with the agreement of the wife and husband to perform it.
خلاصه ماشینی:
The influence of such an attitude on jurisprudential views has caused Muslim jurists, despite the dual moral-legal approach of Islamic teachings to the family sphere and the clarification of the mutual duties and rights of husband and wife in various aspects of life, to pay less attention to the woman's right to request sexual behavior and the man's duty to perform it.
Furthermore, by receiving alimony, the woman has no right to have a sexual relationship, and her request for intimacy or any other sexual behavior does not create any obligation or duty for her husband; because according to the famous view of Imami jurists, it is obligatory for the husband to have conventional sexual intercourse (vaginal intercourse) with his wife once every four months, even if it does not lead to sperm release (ejaculation) (Najafi, 1404: 29/117; Hakim, 1416: 14/75), or to have intimacy accompanied by sperm release once every four months (Khomeini, 1422: 972, Tabataba'i Yazdi, 1419: 5/508; Khoei, 1418: 32/120).
In any case, the important point is that the husband's duty during these four months is merely to suffice with the minimum amount of sexual intimacy (known as waty), meaning performing an act that necessitates ghusl (penetration to the extent of the glans) (Shahid Thani, 1410: 5/104; Ruhani, 1412: 22/217); not the fulfillment of the woman's sexual needs, although according to religious teachings, bringing a woman to the peak of sexual pleasure (orgasm) is considered only a moral duty for the man and not a right of the woman.
- Tusi (Shaykh al-Ta'ifa), Muhammad bin Hasan (1407), Kitab al-Khilaf, Vol. 4, Qom: Islamic Publishing Institute.
(
, 
, 
)
