THE EFFECT OF DISEASES AND DEFECTS ONDISSOLVING A MARRIAGE (THE COMPARATIVE STUDY OF CIVIL LAW ARTICLES NO. 1121-1126 AND THE VIEWS OF JURISPRUDENT AND ISLAMIC RELIGION)

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JAMALI MOHAMMAD

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Journal: MAQALAT WA BARRASIHA Year:2007 | Volume:40 | Issue:86 Page(s): 60-80

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Information Journal Paper

Title

THE EFFECT OF DISEASES AND DEFECTS ONDISSOLVING A MARRIAGE (THE COMPARATIVE STUDY OF CIVIL LAW ARTICLES NO. 1121-1126 AND THE VIEWS OF JURISPRUDENT AND ISLAMIC RELIGION)

Author(s)

JAMALI MOHAMMAD | Issue Writer Certificate

Keywords

APHOSISQ3

DEFECTSQ3

DISSOLVING A MARRIAGEQ3

LAMENESSQ3

LEPROSYQ3

Abstract

Among the causes that give the right to each of the couples to dissolve as a partner of marriage contract is the existence of some certain diseases in one of them. The civil law observing Shiite religious jurisprudence has declared some DEFECTS of the husband or wife as the cause of dissolving. The comparative study of the mentioned articles and the views of jurisprudents and along with challenging them is a solution to prevent the collapse of family as far as possible, on the one hand and make every partner use this right properly on the other as well as preventing himself or herself from getting harm. The issues evaluated comparatively in this article are such as: Do all jurisprudents believe in dissolving where there is a defect in one of the couples? Does he or she have the equal right to sue for dissolving? What are the DEFECTS that can be the causes of dissolving? Are those DEFECTS known in civil law and religious judgments as limited? And do those DEFECTS have any time validity? The conclusion that we come to by analyzing, studying and criticizing the views of jurisprudents is that most of them believe in dissolving due to a proved defect in every party. Furthermore, with regard to different kinds of DEFECTS but it must say that anything that is an obstacle to matrimonial purposes should be considered as the right for dissolving although most of religions and civil laws have limited them. Finally, the time of occurrence of the defect is also valid and worth to consider.

Cites

AN ANALYTICAL APPROACH TO THE BASES FOR TERMINATION OF MARRIAGE RESULTING FROM DISEASES

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APA: Copy

JAMALI, MOHAMMAD. (2007). THE EFFECT OF DISEASES AND DEFECTS ONDISSOLVING A MARRIAGE (THE COMPARATIVE STUDY OF CIVIL LAW ARTICLES NO. 1121-1126 AND THE VIEWS OF JURISPRUDENT AND ISLAMIC RELIGION). MAQALAT WA BARRASIHA, 40(86), 60-80. SID. https://sid.ir/paper/403482/en

Vancouver: Copy

JAMALI MOHAMMAD. THE EFFECT OF DISEASES AND DEFECTS ONDISSOLVING A MARRIAGE (THE COMPARATIVE STUDY OF CIVIL LAW ARTICLES NO. 1121-1126 AND THE VIEWS OF JURISPRUDENT AND ISLAMIC RELIGION). MAQALAT WA BARRASIHA[Internet]. 2007;40(86):60-80. Available from: https://sid.ir/paper/403482/en

IEEE: Copy

MOHAMMAD JAMALI, “THE EFFECT OF DISEASES AND DEFECTS ONDISSOLVING A MARRIAGE (THE COMPARATIVE STUDY OF CIVIL LAW ARTICLES NO. 1121-1126 AND THE VIEWS OF JURISPRUDENT AND ISLAMIC RELIGION),” MAQALAT WA BARRASIHA, vol. 40, no. 86, pp. 60–80, 2007, [Online]. Available: https://sid.ir/paper/403482/en

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