Investigating the Wife’s Right to Physical and Mental Health in the Islamic Legal System and Iran

The current research was conducted with the aim of explaining the indicators and dimensions of the wife’s physical and mental health and the husband’s responsibility in this regard. In this regard, the duties of the husband in providing alimony and providing the wife’s basic needs with her physical and mental health were investigated and it was clarified that by providing alimony, the main components of the wife’s health are fulfilled to an acceptable extent. Also, the requirements of some verses such as the 189 Surah Al-Araf and 21 Surah Rum, which consider the wife as the center of comfort for the family and its accessories in relation to the health of the wife, as well as the requirements of the Quranic principle of good association with the wife, were taken into consideration from this point of view. The relationship of factors such as the consistency and zeal of the husband with providing mental peace and mental and even physical health of the wife was also reviewed as the main platforms for ensuring the wife’s health. The rights of the wife in the termination of marriage in case of some faults in the couple, the duties of the husband in his sexual relationship with the wife, the necessity of justice for the husband in case of polygamy, the duties of the husband towards the wife during pregnancy were also examined from the perspective of the relationship with the wife’s right to health. On the other hand, by examining issues such as the permissibility of beating an disobedient (nashezeh) wife in special circumstances and its limits and restrictions, as well as showing the impermissibility of child concubinage in the sense of entering into married life with an immature minor or a girl for whom marriage is harmful due to insufficient development, it was found that the right the wife’s health has also been considered by Lawgiver in these rulings. Finally, by examining cases of conflicts between the husband’s rights and the wife’s right to health, such as the conflict between the husband’s right to require permission for the wife to leave the house with the wife’s rights to maintain physical health during illness and the conflict of the husband’s right regarding reproduction or the husband’s right to enjoyment with the wife’s right to health, also, examining the wife’s right to perform medical or cosmetic surgery and its relationship with the husband’s rights, the limits of the rights were explained, and in general, it was shown that in the Islamic legal system, the husband has the duty to provide the main elements of the wife’s health in physical and mental dimensions.