GENERALIZATION OF SANCTIONING MATRIMONY REVOCATION TO ACUTE AND CHRONIC HEPATITIS B, SYPHILIS, SARSE, AND HERPES SIMPLEX DISEASES

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HATAMI SEDIQEH; SOLTANI ABBAS ALI

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Journal: Islamic jurisprudence Resaerch Year:2018 | Volume:13 | Issue:4 Page(s): 841-862

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Title

GENERALIZATION OF SANCTIONING MATRIMONY REVOCATION TO ACUTE AND CHRONIC HEPATITIS B, SYPHILIS, SARSE, AND HERPES SIMPLEX DISEASES

Author(s)

HATAMI SEDIQEH | SOLTANI ABBAS ALI | Issue Writer Certificate

Keywords

DEFECTS STATED IN THE TEXTQ1

THE CONTAGIOUS AND FATAL AND INCURABLE DISEASESQ1

OPTION TO REVOCATIONQ1

HARMLESSQ1

Abstract

Nowadays, contagious, fatal, incurable or hard of cure diseases like acute and chronic hepatitis B, syphilis, sarse, and herpes simplex have broken out all over the world. However, less attention has been paid to the legal bases of the diseases. In spite of the famous view of the Shi' a jurisprudents that the defects sanctioning matrimony revocation are restricted, it seems that a more reasonable, fairly and adaptive viewpoint to jurisprudential principles and rules is to generalize the revocation right to such diseases that are more acute and dangerous than the DEFECTS STATED IN THE TEXTs. Since the above diseasesare nascent and don’t have any history in the jurisprudential texts and since there is a need to a dynamic jurisprudence and law according to the principles of Islamic jurisprudence, the theory of permissibility of generalization is notable. Such diseases are contagious, incurable or hard of cure and cause hate and disorder of marital life. In addition, it can be understood from the evidences like traditions, analogy of reasons stated in the text, the priority rule, the HARMLESS rule, and the conduct of the wise that the defects sanctioning matrimony revocation are not restricted and the permissibility of revocation can be generalized to the modern diseases.

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APA: Copy

HATAMI, SEDIQEH, & SOLTANI, ABBAS ALI. (2018). GENERALIZATION OF SANCTIONING MATRIMONY REVOCATION TO ACUTE AND CHRONIC HEPATITIS B, SYPHILIS, SARSE, AND HERPES SIMPLEX DISEASES. ISLAMIC JURISPRUDENCE RESEARCH, 13(4 ), 841-862. SID. https://sid.ir/paper/220906/en

Vancouver: Copy

HATAMI SEDIQEH, SOLTANI ABBAS ALI. GENERALIZATION OF SANCTIONING MATRIMONY REVOCATION TO ACUTE AND CHRONIC HEPATITIS B, SYPHILIS, SARSE, AND HERPES SIMPLEX DISEASES. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2018;13(4 ):841-862. Available from: https://sid.ir/paper/220906/en

IEEE: Copy

SEDIQEH HATAMI, and ABBAS ALI SOLTANI, “GENERALIZATION OF SANCTIONING MATRIMONY REVOCATION TO ACUTE AND CHRONIC HEPATITIS B, SYPHILIS, SARSE, AND HERPES SIMPLEX DISEASES,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 13, no. 4 , pp. 841–862, 2018, [Online]. Available: https://sid.ir/paper/220906/en

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