Explanation of the Right of Buz‘ within Jurisprudential and Legal Texts

Abstract

The right of buz‘ in Imamiyyah jurisprudence refers to a husband’s right to sexual enjoyment from his wife and serves as the central basis for establishing special obedience (tamkīn khāṣṣ). In Iranian law, this concept has not been independently addressed, and the traditional approach to special obedience continues to prevail. This study was conducted with the aim of undertaking a comparative and analytical examination of the right of buz‘ within jurisprudential and legal sources. The research is theoretical, employing a descriptive-analytical method, and data were collected through library research by reviewing documents, books, and academic articles. The findings indicate that in Imamiyyah jurisprudence, it is permissible to include conditions such as the non-occurrence of sexual relations or the non-procreation of children within stipulations appended to the marriage contract. Therefore, there exist definitive grounds for requiring the wife’s consent for special obedience and for the practical impossibility of compelling her to comply. A comparative analysis of Imamiyyah jurisprudence and Iranian law further demonstrates that revisiting the right of buz‘ and its relationship with special obedience may provide a basis for legal reconsideration regarding the woman’s autonomy and consent in matters of special obedience.