زهرا آل اسحق خویینی

Stability and instability of family, as the most important and fundamental social organ, has significant effect on the destiny of a society. The increasing rate of divorce, including legal or emotional ones, is a major social dilemma where the role of family cannot be ignored in fixing it. This is a problem that can be solved by altering the approach of lawmakers i.e. an approach based on 'Consolidation Principle' leads to the stability of family. In other words, this as a general legal principle has been in line with the Sharia law. Based on this principle, whatever causes the family stability is accepted and is in accordance with the religious decree and whatever leads to instability and shakiness of the family foundation is hateful and unaccepted. The consolidation principle is based on rationality, expediency, notoriety and necessity. Similarly, this principle, in clerical way from accessories to totalities, is based on the holy Qur’an and Islamic Traditions.

The rules in the family are the creators of legal relationships, and the implementation of the legal orders is the basis for the organization of the affairs. Sometimes due to the situation where the rights of the family to the spouses are recognized, the parties to each other do harm and use their rights inappropriately and, namely, abuse their rights. In the present paper, using the descriptive-linguistic method, the non-financial rights in spousal relationships and the possibility of their abuse have attracted greater attention. In addition, the explanation of the orientation of the teachings of Islam regarding the abuse of non-financial couples' rights and its prohibition without providing a guarantee of implementation is discussed, which constitutes it among the moral recommendations; the need to develop and determine the guarantee of effective implementations to prevent the abuse of non-financial rights and to control the exercise rights for the realization of the legislator’s goal and the realization of justice in the relationships of couples has been examined and proved, and for certain reasons such as the rule of no loss, the principle of expediency, the rule of maintaining the system (social system) and determining the punishment by the government has been referred to prove the point.