Arshian Fars Jurisprudential and Legal Journal

Arshian Fars Jurisprudential and Legal Journal

Examining the right to imprison a wife and its role in the right to marry for couples in crime prevention

Document Type : Original Article

Authors
1 Master's student, Department of Criminal Law and Criminology, Islamic Azad University, Ramhormoz Branch, Iran
2 Department of Law, Ramhormoz Branch, Ramhormoz Islamic Azad University, Iran
Abstract
The right of retention (ḥaqq al-ḥabs) is among the most significant legal and Islamic entitlements of a wife, allowing her to withhold marital obligations until her dowry (mahr) is paid. Legally, this right refers to the ability of either party in a contract to refuse fulfillment of their duties until receiving what is owed. This principle is recognized under Article 388 of the Iranian Civil Code (pertaining to sales contracts) and Article 1085 (pertaining to marriage contracts). According to Iranian civil law, a woman may legally refuse cohabitation and obedience until her dowry has been delivered, a rule rooted in the principle of fairness. One of the critical implications of exercising this right is that the woman continues to be entitled to maintenance (nafaqa) during the withholding period. This study, using a descriptive legal method, analyzes the concept of the wife’s right of retention and examines its implications for the husband’s right to remarry, as well as its potential role in the prevention of marital-related crimes. Various legal and social aspects of this right are also explored.

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