فهرست نشریات علمی دسترسی آزاد ایران

Background and Aim: The civil legislator has provided specific rights for the wife in the event of the husband's impotence, sexual dysfunction, and sexually transmitted diseases. Article 1122 of the Civil Code grants the wife the right to divorce under certain conditions if the husband suffers from impotence or sexual dysfunction. Article 1127 recognizes also the wife’s right to prevent sexual intercourse in cases of the husband’s sexually transmitted diseases, while maintaining her financial support. Given that, on one hand, sexual satisfaction and its relation to marital satisfaction and mental health are among the most significant findings of psychological sciences regarding marital relationships, and on the other hand, the legislator's supportive approach towards the wife's sexual satisfaction as an important component of her sexual rights, along with the establishment of enforcement mechanisms, can prevent issues such as marital infidelity, the question arises as to how much attention the legislator has paid to the wife’s sexual satisfaction in formulating these articles. Materials and Methods: This research employs a descriptive-analytical method to collect information through library resources using a note-taking approach. Conclusion: Analyzing the jurisprudential texts related to Articles 1122 and 1127 of the Civil Code, as well as psychological findings on the importance of sexual satisfaction in marital life, it can be inferred that in cases of the husband’s impotence, the stipulation of “the occurrence of marital intercourse once” and in cases of penile amputation, the stipulation of “the husband’s ability to engage in marital intercourse” in waiving the wife's right to divorce does not align with the important factor of the wife’s sexual satisfaction and, consequently, her mental health. This study recommends amending the second and third clauses of Article 1122 of the Civil Code. In cases of the husband suffering from sexually transmitted diseases, it is necessary to recognize the right to request divorce in Article 1127 of the Civil Code, after the completion of the standard medical treatment period for the husband’s illness and failure to cure, in order to support the wife's sexual satisfaction.