Payame Noor University Civil Law Knowledge 2322-1712 7 1 2018 03 21 Legal Jurisprudential Analysis of the Right to Imprisonment and the Challenges of Article 1085 of the Civil Code Legal Jurisprudential Analysis of the Right to Imprisonment and the Challenges of Article 1085 of the Civil Code 89 98 5200 FA Rahime Ghorbani Amir Hamze Salarzaei Mohamad Reza Kikha Journal Article 2015 11 23 <strong>Abstract</strong><br />The right to imprisonment in the Islamic legal system is one of the benefits and guarantees of the financial performance of the wife as woman gives the right to refuse to perform her duties against her husband to make the couple, with the right to maintenance, to give her the dishonorable dowry to him.The provisions of Article 1085 apply to this guarantee, but this article faces challenges that present paper seeks to examine.One of challenges is that when divorces are sometimes astronomical and out of pocket capacity, the exercise of this right confronts the basis of marriage and family formation with irreparable impulses.and it actually leads to harm and harm, which undoubtedly causes these two rules to violate the original rules and rules on the part of the ruling and causeWith the payment of the first installment in heavy and out-of-pocket dowry, the wife is condemned to give up from her husband.The necessity of this discussion is that it is very difficult in our age that marriage and family formation are difficult and it is necessary to analyze and harmonize the rules to facilitate the formation of the holy system of the family as much as possible, and to provide for consolidation which will be necessary and God-friendly Was.The research type is descriptive-analytical, and result of the Article 1085 binding on the non-compliance of the wife and the condition of the power of payment by the couple is the couple, otherwise the wife's refusal to perform his duties becomes illegal.<strong> </strong> <strong>Abstract</strong><br />The right to imprisonment in the Islamic legal system is one of the benefits and guarantees of the financial performance of the wife as woman gives the right to refuse to perform her duties against her husband to make the couple, with the right to maintenance, to give her the dishonorable dowry to him.The provisions of Article 1085 apply to this guarantee, but this article faces challenges that present paper seeks to examine.One of challenges is that when divorces are sometimes astronomical and out of pocket capacity, the exercise of this right confronts the basis of marriage and family formation with irreparable impulses.and it actually leads to harm and harm, which undoubtedly causes these two rules to violate the original rules and rules on the part of the ruling and causeWith the payment of the first installment in heavy and out-of-pocket dowry, the wife is condemned to give up from her husband.The necessity of this discussion is that it is very difficult in our age that marriage and family formation are difficult and it is necessary to analyze and harmonize the rules to facilitate the formation of the holy system of the family as much as possible, and to provide for consolidation which will be necessary and God-friendly Was.The research type is descriptive-analytical, and result of the Article 1085 binding on the non-compliance of the wife and the condition of the power of payment by the couple is the couple, otherwise the wife's refusal to perform his duties becomes illegal.<strong> </strong> https://clk.journals.pnu.ac.ir/article_5200_2c9129b6b32818a89d0a1d24a6ff22c9.pdf