چکیده:
After the contract of marriage، some rights and duties are imposed to the spouses. One of these rights is the right of subservience. One of the aspect of this right which is agreed upon by all Muslim jurists is that the wife is not allowed to get out of home without the husband's permission and if happened her act is considered "Nushuz" or disobedience and the wife who has done it is called Nashizah or disobedient and as a result of which she will be deprived form two of her rights: alimony and Qasm. About the scope of wife's duty to ask for the husband's permission، there are several views in Imamiyah Jurisprudence: a group of these jurists believes in the absolute necessity of getting such permission while another group limits this duty to the situation when her leaving contradicts husband's right of having an absolute sexual pleasure from his wife. Sunni jurists have similar views. The comparison of views expressed by both Shiite and Sunni jurists indicates that most Imamiyeh Jurists and most jurists belonging to the Shafei، Maleki and Hanbali jurisprudential schools believe in the absolute necessity of getting permission and believe that the wife is allowed to get out of home without her husband's permission only in emergency cases. In contrast، some of the Shiite jurists believe in the limited necessity of having such permission and say it is necessary only in cases when her leaving causes the husband to get deprived from accessing her for sexual purpose.
خلاصه ماشینی:
On the other hand, the basis for the aforementioned view can be placed on the claim that the husband's right to seeking satisfaction is absolute and no condition or restriction limits it; therefore, the woman must obtain permission for leaving the house, which would remove the possibility of the man's enjoyment (Najafi, 17, 1363, 333).
Or perhaps this narration is specific to a case where the prohibition of leaving has been explicitly stated by the spouse and does not absolutely indicate the necessity of permission; if we do not consider the specification of the narration to cases of condition, covenant, and promise, this narration conflicts with the verse "Live with them in kindness" (An-Nisa, 9); because preventing a spouse from visiting parents and attending their funeral ceremonies conflicts with kind companionship between spouses (which has been commanded), and in the view of the wise and the customs of the people, it is not appropriate or desirable and is contrary to good human manners and ethics (Rahbar, 1393, 10, 65).
2-2- The necessity of absolute seeking of permission according to the view of the Sunnis Most Sunni jurists have also accepted that leaving the house requires the absolute permission of the husband; however, in cases where the woman has a legitimate legal excuse (a reason that intellect and Sharia confirm) for going out, she may leave the house, and necessary cases are excepted.
And according to the Shafi'i school, if a woman leaves her husband's house to meet her parents without her husband's permission, she will be considered 'Nashizah' (disobedient), and for this ruling, they have provided evidence from Sunnah and reason: Sunnah A hadith mentioned by Ibn Majah and Tirmidhi: "رسول خدا(صلي الله عليه و آله و سلم ) فرمودند: هر زني که بميرد و همسرش از او راضي باشد، وارد بهشت مي شود.
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