نقش قاعده ي لاضرر در حق خودداري زن از تمكين خاص

The Role of Damage Rejection Rule in Wife’s Right to Avoid Particular Obedience Farideh Shokri Roghayeh Sadat Momen Abstract As soon as the marriage contract is concluded, conjugal relationship and the resulting rights and responsibilities are executed between the parties. Despite, the Islamic fiqh and consequently the Iranian legislator has exempted wife from particular obedience in some cases. The Iranian Civil Code has prescribed obedience exemption explicitly, only in case of husband’s affliction with any of venereal diseases; while many other cases have not been in the focus of command; like aggravation of wife’s disease or a delay in her recovery as a result of particular obedience, husband’s contagious illness, or some sexual deviations of his. In these cases, according to the damage rejection rule, one should sentence to wife’s right in particular disobedience. Although amendment of current regulations, and especially to mention explicitly some prominent instances, is necessary. Key Words particular obedience, damage rejection rule, sexual deviation, illness.