Executive Guarantee of "Abuse of Non-Financial Rights" in the Relationship between Couples in Shia Law(مقاله علمی وزارت علوم)
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.
