Criminalization of Marital Sexual Intercourse without the Wife's Consent in International Documents and the Laws of Ireland, Indonesia, Turkey and Iran

Abstract

This article with a descriptive-analytical approach studies the aspects of international documents and criminalization of sex without the consent of the wife in Ireland, Indonesia, Turkey and Iran countries. This phenomenon has been introduced in international documents as an example of sexual violence against women. This issue has been criminalized as rape in Ireland and Turkey, and as a domestic violence in Indonesia. Moreover, sex without the consent of the wife has not yet been criminalized in the laws of Iran. The reason may be the lack of explicit discussion about this issue in Islamic jurisprudence. In this article, it is proved that, it is possible to define the subject of sexual intercourse without the wife's consent in the context of Islamic jurisprudence in the cases of permission for the wife's disobedience and the necessity of the wife's consent to have sex. In addition, a mandatory sentence and some guarantees of the execution of Shar' rules are also provided. Finally, due to the existence of the necessary grounds for enacting the appropriate laws regarding sex without the consent of the wife in Iranian law, the criminalization of this issue has been presented in the form of a criminal offense with a minimum of 7th degree punishment and in cases of violence or harm with a minimum degree of 6th degree punishment.

Keywords

• sexual intercourse without the wife's consent
• marital rape
• criminalization
• jurisprudence
• international documents