نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
This matter has long been a subject of disagreement among jurists, with some arguing that the treatment of defects is a right of the wife, while others contend that it is her duty. Through a descriptive-analytical method and analysis of jurisprudential and legal texts, this study concludes that, considering the objectives of Islamic law, the preservation of the family unit, and advancements in medicine, the treatment of the wife is a duty. This approach is more compatible with jurisprudential principles such as the wife's obligation to obey her husband and the general principles of Islamic law regarding the preservation of life and the necessity of treatment. Moreover, considering Article 10 of the Iranian Constitution, which emphasizes the consolidation of the family foundation, and given the social necessities and advancements in medicine, compelling the wife to undergo treatment helps to preserve the family and prevent its breakdown. Consequently, it is proposed that the legislature should consider the treatment of the wife's defects as a legal duty and that failure to comply with this duty should result in liability and compensation.
Keywords: Compelling the wife to treat, defects justifying divorce, right to treatment, duty to treat
کلیدواژهها English