Legal-Jurisprudential Analysis of the Wife's Asking Permission from the Husband to Leave the House with Focus on the Popular Rule

Document Type : Research Paper

Author

Assistant Professor, Faculty of Theology, University of Qom, Qom, Iran

Abstract

The family legal system in Islam includes the rights and obligations set by the Shari'a for family members, including husband and wife. One of the duties of a woman in the family is to limit the way out of the home. Various views have been expressed about this ruling. In general, there are two theories among Shi'ite jurists regarding the condition of permission for a woman to leave home. According to the famous opinion of jurists, a woman has absolutely no right to leave the house under any circumstances without her husband's permission and consent. And leaving without the husband's permission leads to the violation of marital duties. Based on the non-famous opinion, it is considered illegal for a woman to leave home without her husband's permission if it is against the right of husband’s sexual enjoyment. Therefore, if the husband travels or when the husband cannot have any enjoyment, wife may leave home without permission. Referring to and analyzing jurisprudential arguments, especially the verses of the Qur'an, this article seeks to prove that there is a third theory; that is the fact that it is obligatory for the wife to take the husband’s permission if she wants to leave home.  But he has to decide on the woman's pleas by following the popular rule and the interests of the family, which is beyond personal interest. 

Keywords

References

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Religious Researches
Volume 17, Issue 4
January 2022
Pages 1401-1422

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History

  • Receive Date: 27 June 2020
  • Revise Date: 13 September 2020
  • Accept Date: 13 September 2020

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