Challenges arising from the conflict between the rights of husband and wife and the various solutions to solve it in the scope of Sharia law and law

Document Type : Specialized article

Author

Abstract

One of the critical issues within families is the challenges arising from the conflicts and confrontations stemming from the exercise of rights by each spouse in the process of shared life, which can lead to competition and, consequently, impactful challenges in the foundation of the family. Therefore, addressing the challenges that arise and analyzing the solutions to confront them is an undeniable necessity. This research is of a theoretical nature, employing an analytical and descriptive method by reviewing documents and conducting a detailed analysis of significant challenges and proposed solutions in Islamic law, jurisprudence, and legislation. The results indicate that the most important challenges arising from the conflict of the wife’s right to objection and women’s rights in jurisprudence and positive law include the husband’s abuse of his legal and religious authorities within the family institution. Additionally, the infiltration of legal gaps due to weak enforcement of laws is also a challenge of conflict. In this regard, clarifying and understanding the necessity of women’s presence in various spheres of society, resolving ambiguities concerning the philosophy of their presence, and elucidating the existential values of the wife as a woman, as well as outlining the rights and duties of women in the family—within the roles of motherhood, spousal relationships, and defining limits—can significantly help alleviate the challenges arising from the conflict between the rights of husbands and wives.

Keywords