Feasibility study of the husband leaving the marital duties (Noshuz) in temporary contract

Abstract

In Shia jurisprudence and consequently in the civil law of the Islamic Republic of Iran, temporary marriage is recognized as one of the types of marriage. The wife''s sexual rights and the possibility of the husband leaving the marital duties (Noshuz) in this type of marriage are the important and challenging issues about temporary marriage. This article with a descriptive and analytical method tries to answer these following related questions: Is the marital law such as the right to cohabitation and intimacy fixed or not for the temporary wife? If yes, what is the effect of the husband'' refusal to perform the marital duty of the wife and how she can he obtain her rights? Family law in Iran is silent on these issues jurisprudential views on it are also different. The research findings show that the right to intimacy is fixed for a temporary wife. Also, in a long-term marriage, the wife has the right to love and affection. As a result, the husband''s Noshuz in temporary contract is achievable. If the husband refuses to perform the marital duties of the temporary wife, at the request of the wife, the court first obliges the husband and then forces him to grant the term of contract.

Keywords

• temporary contract
• the wife''s rights"
• " the right of cohabitation
• the right of intimacy
• the husband''s noshuz