Jurisprudential-legal analysis of the consequences of couples' addiction from the point of view of marital rights

Heydari, Ali Morad; Javar, Hossein

doi:10.30497/sj.2023.244538.1253

Jurisprudential-legal analysis of the consequences of couples' addiction from the point of view of marital rights

Document Type : Original Article

Authors

Ali Morad Heydari ¹

Hossein Javar ²

¹ Member of the Faculty of Criminal Law and Criminology, Ferdowsi University of Mashhad

² Member of the Faculty of Law Department of farabi University

10.30497/sj.2023.244538.1253

Abstract

The legal consequence of the wife's addiction is the prescription of remarriage for the husband, and the legal consequence of the husband's addiction is the right to divorce for the wife.
The main challenge in this field is how to balance the rights of each spouse in the assumption of addiction of the other party.
In this article, the difference in the effect of addiction on the sexual ability of men and women and, as a result, the ability to fulfill sexual duties, has been analyzed in a descriptive-analytical way and by using the legal and medical resources available in this field.
The results of the research show that since the consistency of male sexual power is based on the erectile factor and medical findings have shown that addiction causes erectile dysfunction, Therefore, a man's addiction plays an essential role in establishing a marital relationship, and without an erection, establishing a relationship is ruled out, While in women, first of all, addiction does not play a major role in their sexual ability, And secondly, even with disruptions in the time and period of menstruation or a decrease in a woman's sexual desire, due to the passive role in the marital relationship, the principle of the relationship is not ruled out.
Therefore, the enforcement of the rights of the wife or husband should be interpreted based on "the type of addiction effect on men and women" and in the light of "marital rights of couples".

Keywords

“addiction”

“Family”

“sexual rights”

“remarry”

“judicial divorce”