The God has not ordained harmful rules in the primary legislation position, but if the implementation of one of these rules causes any damage to a person, then the prohibition of detriment rule would resolve it. This study aims to investigate the position and requirements of the prohibition of detriment rule in remedying the damages caused by special obedience or disobedience of wife to the husband based on descriptive-analytical method. Although, the special obedience is one of the wife’s duty according to legal and jurisprudential rules, but the prohibition of detriment rule as a superior and dominant rule could remove the harmful primary rules or rules which are related to harmful consequences. Therefore, the prohibition of detriment rule has an important position in remedying damages caused by special obedience or disobedience of wife to the husband. Article 40 of Statue and article 1108 of civil law are also confirming this claim. So, though it is the wife’s obligation to obey the husband, but if the implementation of this duty makes any harm to her, she could refuse the obedience based on the prohibition of detriment rule, article 40 of Constitution, and article 1108 of civil law, which are the reflections of prohibition of detriment rule in law. Also, if the wife becomes disobedient, then the husband could not hurt her by assault and battery.
Mohajeri, M. (2021). The Legal-Jurisprudential Analysis of Detriment Prohibition Rule in Remedying Damages Caused by Wife’s Obedience and Disobedience. Women's Strategic Studies, 23(91), 71-87. doi: 10.22095/jwss.2021.281526.2647
MLA
Maryam Mohajeri. "The Legal-Jurisprudential Analysis of Detriment Prohibition Rule in Remedying Damages Caused by Wife’s Obedience and Disobedience". Women's Strategic Studies, 23, 91, 2021, 71-87. doi: 10.22095/jwss.2021.281526.2647
HARVARD
Mohajeri, M. (2021). 'The Legal-Jurisprudential Analysis of Detriment Prohibition Rule in Remedying Damages Caused by Wife’s Obedience and Disobedience', Women's Strategic Studies, 23(91), pp. 71-87. doi: 10.22095/jwss.2021.281526.2647
VANCOUVER
Mohajeri, M. The Legal-Jurisprudential Analysis of Detriment Prohibition Rule in Remedying Damages Caused by Wife’s Obedience and Disobedience. Women's Strategic Studies, 2021; 23(91): 71-87. doi: 10.22095/jwss.2021.281526.2647