Executive Guarantee of "Abuse of Non-Financial Rights" in the Relationship between Couples in Shia Law

Document Type : Original Research

Authors
Profesor assistant of department of Islamic Law, Faculty of Theology, Alzahra University, Tehran, Iran.
Abstract
The rules in the family are the creators of legal relationships, and the implementation of the legal orders is the basis for the organization of the affairs. Sometimes due to the situation where the rights of the family to the spouses are recognized, the parties to each other do harm and use their rights inappropriately and, namely, abuse their rights. In the present paper, using the descriptive-linguistic method, the non-financial rights in spousal relationships and the possibility of their abuse have attracted greater attention. In addition, the explanation of the orientation of the teachings of Islam regarding the abuse of non-financial couples' rights and its prohibition without providing a guarantee of implementation is discussed, which constitutes it among the moral recommendations; the need to develop and determine the guarantee of effective implementations to prevent the abuse of non-financial rights and to control the exercise rights for the realization of the legislator’s goal and the realization of justice in the relationships of couples has been examined and proved, and for certain reasons such as the rule of no loss, the principle of expediency, the rule of maintaining the system (social system) and determining the punishment by the government has been referred to prove the point.

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References
The Holy Quran.
Ibrahim Mostafa et al., Al-Muajem al-Wassit, Tehran, Maktab al-Elmyah, Bayat.
Ibn-e Manzur, Jamal al-Din Muhammad ibn Makarem, (1993). Lessan al-Arab, Beirut, Daral-Fekr Publications, volumes, 2 & 8.
Ahmadia, Maryam, (2003). Balance of Law and Ethics in Family, Tehran, Public Relations, Women's Social Cultural Council (In Persian)
Imami, Seyed Hassan, (1998). Civil Rights, Tehran, Islamiyah Publications, Sixth Edition, vol. 4. (In Persian)
Bagheri, Ahmad, Rangin Kaman, Fatima, (2009) Abuse of the Right, Letter of Theology, vol. 3 (In Persian)
Bafam Mohammad, Fahimi Azizolah, Hasanzadeh Mahdi, (2023), Abuse of Rights in Civil Proceedings in Iran and France, Comparative Law Research Quarterly, Vol. 27
Bin Fars Bin Zakaria, Ahmad, (1998). Ma’mad Maqayes al-Lagha, School of Al-Aalam al-Islami, Baied, 1998.
Bahrami Ahmadi, Hamid, (1977). Abuse of Right (Comparative Study in Islamic Law and Other Legal Systems), Tehran, Information. (In Persian)
Pourismaeili, Alireza, Mozaffari, Mostafa, (2009). Moralization, not Legislation, The Role of Ethics in the Family", Journal of Family Studies, 2009. (In Persian)
Tabrizi, Jawad ibn Ali, (1995). Al-Hadd and Al-Tazirat, Qom, Office of the Mentor. (In Persian)
Taghavi, Seyed Mohammad Nasser, (1999). Government and Excerpts, Tehran, Amir Kabir Publications. (In Persian)
Jabayi Amali (Shahidisani), Zainuddin Bin Ali, (1990). Al Raza Al-Behayee Fei Al-Lama'a Al-Dashqiya, Qom, Islamic Studies Office, vol. 10.
Jafari Langroudi, Mohammad Jafar, (2006). Expanded in the Terminology of Law, Tehran, Judge. (In Persian)
Khuie, Abolqasem, (2000). Foundations of the Al-Mannaj Complex, Qom, Ehya's Institute of Al-Khuui Works, vol. 1.
Zarei, Mohammad Mehdi, (2011). An Introduction to Ethics in Marriage and Family Law”, Islamic Studies, jurisprudence and principles,1390. (In Persian)
Safi Golpayegani, Lotfollah, (1983). Al-Tazir Alo’yat-o-Fahtah, Qom, Islamic Institution of Nourishment.
Safaee, Seyed Hossein and Emami, Asadollah, (1993). Family Law, Tehran University Press. (In Persian)
Tabatabaei, Seyyed Mohammad Hussein, (1995). Translation by Al Mizan, Seyed Mohammad Bagher Mousavi Hamedani, Qom, Publications Office of the Islamic Society of Teachers of Qom Seminary, Fifth Edition. (In Persian)
Tabasi, Najmddin, (1987). Prison Rights and Prisons in Islam, Qom, Book of Boostan. (In Persian)
Fadhil, Moghadad ibn Abdullah, (1991). Cains Al-Furan Fi Jahra al-Quran, Mortazavi Publications, Tehran, Fifth Edition, vol. 2.
Fakhr al-Din Razi, Abu Abdullah Muhammad Ibn-e Omar, (1986). Tafsir al-Kabir (Mu’tatih al-Ghib), Beirut, Dar Al-Aya al-Arab al-Arab, 1986, vol. 31.
Fazlullah, Seyyed Mohammad Hussein, (1998). My Commentary on Revelation of Al-Quran, Beirut, Dar Al-Mikal. (In Persian)
Qazi Zahedi, Ahmad, (1991). The Role of the Qur'an in Providing Human Rights, Qom, Dar Al-Quran al-Karim Publications. (In Persian)
Ghaemi Ali, (2007). Family Life System in Islam, Tehran, Publication of the Association of Educators and Educators. (In Persian)
Katouzian, Naser, (2007). Ethics and Law”, Journal of Ethics in Science and Technology, Vol. 2. (In Persian)
Katouzian, Naser, (1998). Philosophy of Law, Tehran, Public Joint Stock Company, First Printing. (In Persian)
Katouzian, Naser, (1998). Fundamentals of Public Law, Impossible, Judge. (In Persian)
Katouzian, Naser, (2007). Qahri-Qamari’s Responsibility, Tehran University Press, Eighth Edition, vol 1. (In Persian)
Katouzian, Naser, (1997). Introduction to Law of Law and Study in the Legal System of Iran, Tehran, Public Joint Stock Company, Twenty-Second Edition. (In Persian)
Qa’bi, Abbas, (2005). Islamic Republic of Iran Constitutional Law, Qom, Imam Khomeini Research Institute. (In Persian)
Coleini, Mohammed Ibn Ya’qub, (1985). Al-Kafi, Tehran, Islamic Republic of Iran, vol. 5.
Mohaghegh Damad, Seyyed Mostafa, (2008). The rules of jurisprudence, Civil society, Tehran, Islamic sciences publication, Seventh edition, (In Persian)
Mesbah, Mohammad Taghi, (1998). Law and Politics in the Quran, by Mohammad Shahrabi, Qom, Khomeini Institute. (In Persian)
Makarem Shirazi, Nasser, (1968). Sample Commentary, Tehran, Dar al-Kabul Eslamiyah, First Printing, vol. 2. (In Persian)
Mousavi Sabzevari, Sayyid'Abd al-Aly, (1970). Mu'aw al-Rahman al-Tafsir al-Quran, Beirut, Ahl al-Bait (AS).
Mousavi Ardebili, Seyyed Abdul Karim, (2006). Fiqh al-Hodood and Al-Thaisirat, Qom, Al-Nashr al-Mufid.
Moosawi al-Khamini (Ra), Ruhollah, Tehran, Imam Khomeini Institute for the Setting up and Issue of Works (PBUH).
Moosawi al-Khamini (Ra), Ruhollah, (1990). Sahifeh Noor, Tehran, Institute for Setting and Impressions of Imam Khomeini (RA), vol. 20 and 21, 1369.
Tavakoli Azam, Mehdi Mehrizi, Cobra Roshanfekr, Kamran Rabiee, (2022). Application of Discourse Analysis Method in Family Studies (A Review of Linguistic Strategies in Films, Book of Law, Forever and One Day) The International Journal of Humanities, Vol. 29.
Theory, Irland, “Family Law in Iranian Civil Law,” Quarterly Journal of Islamic Law and Family Law (True Call).
Naghibi, Abolghasem, (2011). The role of loyalty in trust and its development strategies in the institution of the family with the approach to the verses and narrations, Women Strategic Studies, No. 52, Tehran, Women's Social Cultural Council. (In Persian)