Obedience (Tamkin) and Disobedience (Nushuz)

Obedience (Tamkin) and Disobedience (Nushuz)

The marital relationship between a woman and a man is established upon the conclusion of the marriage contract. From that moment, each spouse acquires specific rights and assumes corresponding legal duties toward the other. The legal effects of marriage generally fall into two categories: financial effects, such as alimony and mahr, and non-financial effects, such as proper companionship, mutual assistance, and the establishment of marital relations.

In its ordinary meaning, tamkin refers to compliance, obedience, respect, and deference. In legal usage, tamkin refers to a wife’s compliance with her husband’s lawful requests within the framework of Iranian law and social custom. The term is used in religious and legal sources primarily in relation to a wife’s duties within marriage.

Legal Consequences of Tamkin and Nushuz in Spousal Relations

Types of Tamkin

In Iranian legal doctrine, tamkin is commonly divided into two categories: general tamkin and specific tamkin.

General Tamkin

General Tamkin requires the wife to fulfill her marital duties and cooperate with her husband within the limits of law and customary practice. It includes respectful conduct, proper companionship, and compliance with the husband’s lawful requests. It also implies acceptance of the husband’s role as the head of the family within the legal framework.

A wife’s obedience is limited to lawful and legitimate matters. If a husband demands unlawful or improper actions, the wife is not legally obligated to comply. For example, if a husband requires the wife to abandon her religious obligations or demands that she transfer all her property to him against her will, such requests are considered illegitimate and do not create any legal duty of obedience. In some circumstances, compelling a wife to engage in such conduct may constitute improper treatment.

Specific Tamkin

Specific tamkin refers to marital relations between spouses. Assessment of compliance in this area must take into account customary expectations, as well as the parties’ personal circumstances and capacity. In this context, the wife’s emotional and physical condition is also relevant and should be considered.

Effects of Tamkin

One principal consequence of tamkin is the wife’s entitlement to alimony. In general, a wife who fulfills her marital duties is entitled to receive nafaqah under Iranian law.

Nushuz

Nushuz is the legal opposite of tamkin. It refers to a wife’s refusal to fulfill marital duties and her failure to comply with the husband’s lawful rights within marriage.

Loss of Entitlement to Alimony

A key legal consequence of a wife’s refusal to comply is loss of alimony. Under Article 1108 of the Iranian Civil Code, if a wife refuses to perform marital duties without a lawful justification, she is not entitled to receive nafaqah.

Permission for the Husband to Remarry

If the wife refuses to perform marital duties and a final court judgment confirms non-compliance, the court may grant permission to the husband to remarry, subject to the applicable legal requirements.

Loss of Benefit from the Division of Assets Clause

Another consequence may arise in a divorce initiated by the husband. In certain cases, the wife may lose the benefit of clauses commonly included in marriage certificates regarding the transfer of a portion of the husband’s assets. Under the relevant clause, if divorce is requested by the husband and the court determines that the divorce is not attributable to the wife’s misconduct, breach of marital duties, or improper behavior, the husband may be required to transfer up to fifty percent of the assets acquired during the marriage to the wife as a gratuitous transfer. If the court concludes that the divorce resulted from the wife’s breach of duties or misconduct, the wife may be deprived of this benefit.

Grounds for the Husband to Seek Divorce

If the wife has no intention to comply with marital duties and the situation becomes irreconcilable, divorce may be pursued as a final legal remedy, and the husband may seek dissolution of the marriage in accordance with Iranian law.

Common Examples of Non-Compliance

Examples that may be treated as non-compliance, depending on the facts and the court’s assessment, include:

• Maintaining associations that are considered ethically improper.
• Choosing employment that conflicts with the family’s social standing or customary expectations.
• Refusing to live in the residence selected by the husband.
• Leaving the home without the husband’s knowledge or permission.
• Disregarding the husband’s warnings and engaging in inappropriate workplace relationships.

Lawful Justifications for Refusal to Comply

Iranian law recognizes that, in certain circumstances, a wife’s refusal to comply does not constitute nushuz, and her entitlement to alimony remains intact. Common examples include:

• Illness of the wife or husband: In some cases, particularly with respect to specific tamkin, compliance may cause serious hardship or pose a risk to the wife’s health. The husband’s illness may also create circumstances where compliance endangers the wife.
• Religious limitations: Certain conditions may create religious prohibitions, including postpartum bleeding, menstruation, and states of consecration.
• The right of retention related to mahr: In cases where mahr is payable upon demand, a wife may lawfully refuse specific tamkin until her mahr is paid, provided the legal requirements for exercising this right are met.

Frequently Asked Questions