Document Type : Specialized article
Authors
1
Fatima Al-Zahra Specialized Seminary, Semnan, Iran
2
Assistant Professor, Department of Jurisprudence and Fundamentals of Law, Semnan Branch, Islamic Azad University, Semnan, Iran
Abstract
The option to terminate is a right and is under the sovereignty of the one who has this authority. Since the marriage contract is a necessary contract, the option to terminate for the couple must be due to a specific reason. In Imami jurisprudence, these reasons are considered as common and specific defects that permit the termination of the marriage. The common defect in the couple is madness, and the defects specific to the husband are “jabb, khisa, ann” and the defects specific to the wife are “qarn, leprosy, leprosy, effusiveness, earthing and blindness in both eyes.” In this study, the researcher intends to answer the question of whether the possibility of terminating the marriage exists due to other defects that are not specified in the civil law? According to the research conducted, it can be stated that both Imami jurisprudence and civil law are derived from verses that have the characteristics of being continuous and applicable and can be extended to any time. The criteria for granting permission to dissolve a marriage in the mentioned defects are also the jurisprudential rules of "no inconvenience" and "no harm" and the rule of priority and applicability. The holy lawgiver also does not issue a ruling that causes severe hardship, inconvenience, harm, and hardship for the obligated parties. Especially in married life, which requires creating peace and tranquility. It seems that the clarification of these defects is metaphorical and does not have specificity and is not exclusive, because in the current era, some of the specified defects are treatable, while there are other diseases such as AIDS, hepatitis, etc., which are not treatable. Therefore, it can be believed that the development of these defects and non-specified defects can be considered as defects for granting permission to marry. This research was written with a library-descriptive method with a family jurisprudence approach.
Keywords
)