دعاوى تجريم "الاغتصاب الزوجي" : دراسة فقهية مقارنة بين الفقه الإسلامي و القانون

الملخص EN

With the rise of calls for criminalizing so-called marital rape; This research revealed the extent to which forcing a husband to force his wife to sexual intercourse can be criminalized and punished as a rapist if he travels with her without her consent, according to her and the law, after identifying the problems in the search; The search was divided into one introduction, four researches; The first one is: jurisprudential adaptation for the enjoyment of intercourse between the spouses, the second one is: jurisprudential adaptation for the wife's ention from indulgence, the third one is: lawsuits for criminalizing "marital rape" in the balance of Islamic jurisprudence, the fourth one is claims criminalizing "marital rape" in positive laws, and the conclusion of the investigation, which includes the findings that the most important of which is that enjoyment of intercourse is the inalienable right of both spouses, and that the originality is to be in accordance with the will, and that the wife must in from her husband if intercourse is forbidden, and the husband is forbidden to force his wife to force his wife to obey him; It is being coerced into committing a prohibited act, and it has the right to take its case to court.

I may have thought that he would hate the husband to force his wife on the ground if she ined without excuse as long as there was no physical violence, but that coercion should not be criminalized.

For a number of reasons, including that criminalization disrupts the effects of a marriage contract.

It was recommended that legal legislation be enacted to criminalize forced marriage by a husband and his wife, and that legislative deficiencies in article 267 of the Egyptian Penal Code be remedied by adding a limitation: "other than his wife" in order to prevent so-called marital rape from being criminalized and to remove the husband from the criminalization process.