Document Type : Original Article

Authors

• azra poormahmoodabadi ¹
• Abdullah Omidifard ²

¹ markz madirit hozeh elmiyeh khahoran, madirit estan yazad, madreseh elmiyeh takhsosi emam hasin aliyeh olsalam sath4̱

² Associate Professor, Department of Jurisprudence (Fiqh), University of Qom

Abstract

Objective: This research aims to clarify the essence of the marriage contract and determine whether the right to procreation (istilad) constitutes a 'right' or a 'ruling.' It further seeks to analyze the resulting jurisprudential conflicts and propose solutions to resolve disputes between spouses.
Method: The study employs a descriptive-analytical approach, utilizing primary jurisprudential sources and legal maxims to investigate the nature of procreation and the legal tensions arising from competing marital rights within Imami jurisprudence.
Results: Findings indicate that while procreation is an inherent effect of marriage, a legal conflict emerges when spouses disagree on its necessity—especially concerning physical harm or genetic risks. A tension arises between the wife's right of dominion over her body and the husband's right over his sperm and the rational considerations of parenthood.
Conclusion: The study concludes that these conflicts can be resolved by applying legal maxims such as 'prioritizing the more important over the important' and the 'principle of good companionship,' ensuring a balanced approach that protects both parties and family stability.

Keywords

• Procreation
• Conflict
• Conflict of spousal rights
• Contractual stipulation
• Marriage contract consequences

Main Subjects

• Theology of jurisprudence and the principles of Islamic law