Effects of Infectious Diseases on Marital Rights

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HEDAYATNIA FARAJOLLAH

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Journal Paper

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Journal: ISLAMIC LAW Year:2020 | Volume:17 | Issue:64 Page(s): 1-23

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Title

Effects of Infectious Diseases on Marital Rights

Author(s)

HEDAYATNIA FARAJOLLAH | Issue Writer Certificate

Keywords

Communicable Disease

Sexually transmitted

disease

Marital rights

Abstract

The impact of infectious diseases on the rights of the wife can be examined in two dimensions: prevention and treatment; In terms of prevention, the question is to what extent does the wife have the right to withdraw from the patient's husband in order to maintain her health? In the second dimension, the question is whether the husband is obliged to pay for the treatment of his sick wife from alimony. The Islamic Republic of Iran's family regulations on these issues do not provide for the wife's incomplete health rights and need to be amended and supplemented. The views of the great jurists also differ on the right of the wife to treatment. Some consider it outside of alimony and others consider it part of alimony. Except for the cost of medical treatment from alimony is contrary to the wife's right to health, just as the generalization of alimony to the cost of treatment will cause harm to the husband. Current research shows that the husband is largely financially responsible for paying for the treatment of the patient's spouse and has no further obligation. If the husband's usury is proven to be due to the wife's medical expenses, her medical expenses must be covered by the family. This solution is compatible with the couple's rights and the interests of the family, while ensuring the wife's right to health.

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APA: Copy

HEDAYATNIA, FARAJOLLAH. (2020). Effects of Infectious Diseases on Marital Rights. ISLAMIC LAW, 17(64 ), 1-23. SID. https://sid.ir/paper/671567/en

Vancouver: Copy

HEDAYATNIA FARAJOLLAH. Effects of Infectious Diseases on Marital Rights. ISLAMIC LAW[Internet]. 2020;17(64 ):1-23. Available from: https://sid.ir/paper/671567/en

IEEE: Copy

FARAJOLLAH HEDAYATNIA, “Effects of Infectious Diseases on Marital Rights,” ISLAMIC LAW, vol. 17, no. 64 , pp. 1–23, 2020, [Online]. Available: https://sid.ir/paper/671567/en

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