THE IMPACT OF TREATING DEFECTS LEADING TO MARRIAGE DISSOLUTION ON THE RESCISSION OPTION

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POURESMAEILI ALIREZA; KERAMATITABAR ZAHRA

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Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2015 | Volume:11 | Issue:40 Page(s): 31-50

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Information Journal Paper

Title

THE IMPACT OF TREATING DEFECTS LEADING TO MARRIAGE DISSOLUTION ON THE RESCISSION OPTION

Author(s)

POURESMAEILI ALIREZA | KERAMATITABAR ZAHRA | Issue Writer Certificate

Keywords

RESCISSION OF MARRIAGEQ2

OPTION TO RESCISSIONQ2

DEFECT TREATMENTQ2

NO DAMAGEQ2

Abstract

The option of marriage rescission is one of the rights that civil law enacts for the couples following Shia jurisprudence and each spouse due to some defects in the other party can rescind the marriage contract. Of course, today with medical achievements, some of the defects that cause marriage rescission are treatable, and following treatment, the person recovers his/her health. However, a question which is raised is whether following the defect or disease treatment, the OPTION TO RESCISSION created before the recovery will be abolished or not. To answer this question, there exist two approaches; the approach of most precedent Shia jurisprudents who do not think of treatment as abortive of the OPTION TO RESCISSION and emphasize the revocation right even after the treatment. In contrast, some current jurisprudents and even some antecedents who have affirmed that through disease recovery, its resulting detriment also ends, and there will be no reason to continue the OPTION TO RESCISSION. This paper deals with these two approaches, and regarding civil law condition, evaluates the accuracy of each of these two views.

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APA: Copy

POURESMAEILI, ALIREZA, & KERAMATITABAR, ZAHRA. (2015). THE IMPACT OF TREATING DEFECTS LEADING TO MARRIAGE DISSOLUTION ON THE RESCISSION OPTION. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 11(40), 31-50. SID. https://sid.ir/paper/134430/en

Vancouver: Copy

POURESMAEILI ALIREZA, KERAMATITABAR ZAHRA. THE IMPACT OF TREATING DEFECTS LEADING TO MARRIAGE DISSOLUTION ON THE RESCISSION OPTION. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2015;11(40):31-50. Available from: https://sid.ir/paper/134430/en

IEEE: Copy

ALIREZA POURESMAEILI, and ZAHRA KERAMATITABAR, “THE IMPACT OF TREATING DEFECTS LEADING TO MARRIAGE DISSOLUTION ON THE RESCISSION OPTION,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 11, no. 40, pp. 31–50, 2015, [Online]. Available: https://sid.ir/paper/134430/en

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