نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار گروه حقوق جزا و جرمشناسی، دانشکده حقوق، دانشگاه قم، قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
One of the conditions for the fulfillment of Ehsan, which increases the punishment for adultery, is the possibility of a person having access to his wife in such a way that he can satisfy his sexual needs. The jurists do not agree on the status of this condition in the Ehsan of the wife. Some believe that this condition is equally valid for the husband and wife, so the wife is also considered Muhsan if she can have sexual intercourse with her husband whenever she wants. On the other hand, some believe that since there is no such obligation for the husband, Ehsan is achieved in the wife in such a way that whenever a man has the will to have intercourse with his wife, she is ready for it. The recent view has been accepted in Article 226 of the Islamic Penal Code adopted in 2013. The results of the present study, which has been done by descriptive-analytical method, show that the theory of equality between husband and wife around the condition of the possibility of enjoying the spouse has a stronger basis, and the narrations related to Ehsan imply such an understanding. In addition, reasons such as the restriction of the wife's right to intercourse once every four months, the hadiths concerning The divorced woman who the man can take back to, and the necessity of protect the family unit, none of which have the ability to undermine the chosen theory.
کلیدواژهها [English]