Document Type : Original Article
Authors
1
Department of Private Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
2
Assistant Professor, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
10.30510/psi.2022.321500.2858
Abstract
The issue of privacy is one of the new and up-to-date issues in the human rights system. Although this right is rooted in human rights and has a rational basis, it has been emphasized in Islamic teachings, Iranian domestic law, and international instruments and treaties. It should be noted that spouses, in addition to cohabitation, also have a private mental space, and each has economic, information, communication, physical, personality, sexual and psychological privacy. They can share this private space or not. . With the occurrence of a marriage contract, the marital relationship and the rights and duties of the spouses are established in relation to each other, which may at the beginning or in the continuation of the cohabitation, between these rights and duties in the position of action and execution. According to the harmless jurisprudential rule, the principle of non-guardianship over the other, the principle of prohibition of abuse of rights, the principle of immorality and freedom of will and the principle of independence of property of the couple, the authority of the male head over the family can be applied The basic rights of the wife, including privacy, should not be violated, and according to these principles and legal principles, it is necessary to present a modern and new concept of obedience.
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