نوع المستند : علمية بحثية
المؤلف
أستاذ مساعد، قسم الفقه والقانون الإسلاميّ، جامعة یاسوج، یاسوج، إیران.
المستخلص
الكلمات الرئيسية
Fatima Qudrati[1]
Abstract
The experience of motherhood, as a natural right, cannot be taken away, but in some cases, the wife's right to bear children conflicts with social interests, the child's health, the husband's sexual rights, or the husband's requirement not to bear children. The wife can be, however, legally deprived of this right. In each of these cases, it will be important to examine the educational and moral consequences of depriving a woman of the feeling of motherhood and explain the available solutions for not depriving her by using the effect of moral rules on legal rules, both in the family and the society. Using a descriptive-analytical method and referring to library sources, this article, while explaining the position and importance of the mother's rights, explains the permissible cases of the wife's deprivation of this right. It concludes that in two cases, despite the husband's entitlement or the birth control policies, the wife's right can be prioritized by considering the superior status of educational and moral rules: 1. If we pay attention to the educational and moral requirements of the man's position as the head of the family, we can expect him to compromise with his wife when the lack of childbearing causes her embarrassment and hardship. 2. When one can prevent some social problems such as infectious disease or adultery by emphasizing the rule of educational and moral rules in the relations between men and women not by emphasizing birth control policies and depriving couples of having children. Of course, if there is a conflict between the right to have children and public health and the health of the child, governments cannot act arbitrarily and force couples to undergo sterilization in order to secure sexual relations.
Keywords: childbearing, couple's rights, child's health right, social interests, the dominance of moral and educational rules
[1]. Department of Jurisprudence and Islamic Laws, Lady Ma'suma University, Qom.
E-mail: fghodrati@yu.ac.ir.
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