Comparative study of marriage termination in jurisprudence and law: judicial and practical procedure

Document Type : Original Article

Authors

1 PhD student in Jurisprudence and Fundamentals of Islamic Law, University of Justice, Tehran, Iran

2 Assistant Professor, Department of Theology, Jurisprudence and Fundamentals of Islamic Law, University of Tehran, Tehran, Iran.

10.30510/psi.2022.345258.3532

Abstract

In the present study attempts are made to review jurisprudential principles of marriage termination in order to provide an answer to the most challenging question regarding marriage termination based on new defects. Numerous articles have been authored in this field, regardless of their major commonalities in reasoning and principles, however, they have failed to offer an adequate solution. Another noteworthy point in this field is whether the treatment of a disease would eradicate the defect or not? Is it possible to extend the stipulated defects to new defects? This question remains completely unanswered. In the present article, authors provide a way in which one can extend stipulated defects to new diseases. Drawing on this new way, one can rely on the text of the narrations and the specific matter addressed in them (enama), to give a fatwa about extension of new diseases. Despite seeming to be difficult or impossible to apply, this solution can, as claimed by the author, offer an acceptable solution to the problem after 1400 years.The majority of jurists have returned the basis of the options and the right of termination obtained in the marriage contract to the "harmless or imminent rule" and finally to the few contemporary jurists who have considered extending to unspecified defects.

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 3191-3210

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