The Framework of Sexual Relations between Wife and Husband in the Light of Jurisprudential Rule of “The Necessity of Behaving Reasonably in Marital Relationship
Abstract
This article studies the current views of Islamic jurisprudence along with Iranian legal system’s positions on sexual relations. According to the rules, all legal aspects of marital relationship including sexual issues shall be in the framework of reasonable and rational behavior. Accordingly, limiting the right of wife to have sexual relation with her husband once per four months, as it is determined in traditional jurisprudence, cannot be acceptable; because of its inconsistency with the criterion of reasonable behavior. Similarly, in every single sexual relationship the criterion of reasonableness should be observed. Therefore, sexual relation by force, violent and unreasonable methods of sexual intercourse are impermissible. Considering the fact that the concept of reasonable behavior is dynamic and
changeable under the influence of differences in customs and cultures, the article concludes that a reasonable behavior in previous communities might be evaluated as unreasonable in our time. The article also makes some suggestions for improvement in Iranian family law in terms of sexual relations.