Jurisprudential and Legal Analysis of the Impact of Obsessive-Compulsive Disorder (OCD) on the Obligation of Marital Compliance

Abstract

Obsessive-compulsive disorder (OCD), as a recognized mental disorder, can have significant impacts on marital relations and the obligations arising from the marriage contract. Compliance (Tamkin) is one of the mutual rights and duties of spouses that, based on jurisprudential and legal foundations—particularly within the Iranian legal system—has been emphasized. The onset of OCD in one of the spouses, especially in severe cases where the individual loses behavioral control, poses a serious challenge to fulfilling the obligation of compliance, particularly specific compliance (sexual relations). This study, using a descriptive-analytical method, investigates whether refusal to comply due to OCD can lead to the forfeiture of rights typically revoked in cases of nushuz (disobedience). The findings indicate that nushuz is a concept grounded in intention and volition. Therefore, in cases where the individual with OCD involuntarily refuses compliance, they cannot be rightfully labeled as nashiz (disobedient spouse). However, if the individual knowingly refuses treatment, their conduct may be interpreted as constituting harm, which can, in turn, justify the application of nushuz-related rulings. Drawing upon Islamic jurisprudential and legal sources and analyzing the implications of OCD within spousal relationships, this study seeks to clarify the legal standing of this disorder in rulings related to marital compliance.