Document Type : Original Article
Authors
1
Graduated from Level 4 of the Islamic Seminary (Comparative Interpretation) - Official Researcher at the Masoumiyeh Islamic Research Center Affiliated with the Research Institute of Sciences and Culture of the Islamic Propaganda Office
2
Level 3 of the Islamic Seminary (for Women), Masoumiyeh Higher Education Institute (for Women) Affiliated with the Islamic Propaganda Office
10.22081/jqr.2024.68546.3955
Abstract
The verse of īlā’ (foreswearing) is the only Qur'anic evidence of the wife's sexual rights in terms of time, which limits the woman's sexual rights to once every four months. The present study, using the method of qualitative research and content analysis of interpretive texts, delves into the development of the views of the interpreters from the Revelation era to the present time and response to the concept of the verse of īlā’, its difference with the issue of ẓihār (incestuous comparisons or calling wife as a mahram relative), the encounter of the legislator with the phenomenon of īlā’, and how the verse of īlā’ is related to the wife's sexual rights, from their perspective. In the interpretative explanation of the verse of īlā’ and proving the lack of denotation of the verse with setting a period of four months for the wife's sexual right, ten issues related to sexual right were obtained, each of which is somehow involved in proving the lack of significance of the verse of īlā’ and from all of them, it can be concluded that īlā’ in itself is not acceptable to the lawgiver, and setting a period of four months is in fact creating a deadline for the husband to take measures regarding his marital status and choose one of the two ways of recourse (with specified sexual relation) or divorce, so that the wife's sexual right can be fulfilled. It seems that īlā’, like the waiting period (‘idda due to divorce or death), travel, absence, sexual disorders of the husband, etc., is a special condition for which God has set a period of four months, and limiting the wife's sexual right to a specific time in ordinary life conditions is not consistent with the philosophy of maintaining chastity for the spouses in marriage and the husband's responsibility for the wife's sexual need. Based on evidences derived from the Qur'an, narrations, jurisprudential rules, rational-customary support, and the exigencies of the present era, the criterion of a woman's sexual need can be strengthened like that of a man's sexual need.
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