Feasibility study of marriage annulment due to the husband's Vitiligo (Baraṣ ) from the perspective of Imami jurisprudence

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ARABSHAHI MOHAMMAD

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Journal Paper

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Journal: Family Law and Jurisprudence Journal Year:2022 | Volume:26 | Issue:75 Page(s): 83-101

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Information Journal Paper

Title

Feasibility study of marriage annulment due to the husband's Vitiligo (Baraṣ ) from the perspective of Imami jurisprudence

Author(s)

ARABSHAHI MOHAMMAD | Issue Writer Certificate

Keywords

Marriage annulment

Vitiligo (Baraṣ)

husband's vitiligo

common defects

harmless rule

Abstract

Due to the necessity of marriage, its annulment requires a special reason. One of the reasons for canceling a marriage is a defect. Vitiligo is one of the skin defects and diseases that has always existed among humans and leads to whitening of some organs of the body. The presence of this disease in a woman gives a man the right to terminate a marriage. Most of Imami jurists believe, this disease is one of the specific defects of women and the presence or occurrence of this disease in men does not create the right of revocation for women. However, some Imami jurists, based on narrations, the priority analogy, the rule of no harm and harmless (La zarar va La Haraj) and by Tanqih e Monaṭ (one of the methods of discovering verdict from jurisprudence books), believe that vitiligo is one of the common defects. In this article, by descriptive-analytical method, feasibility study of Marriage annulment due to the husband's vitiligo is examined and it was proved that a distinction should be made between leprosy before and after marriage. In the first hypothesis, Sahah Halabi and the harmless rule imply the right of woman to terminate marriage, and in the second hypothesis, according to the narrations and the principle, the woman does not have the right to annul it.

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APA: Copy

ARABSHAHI, MOHAMMAD. (2022). Feasibility study of marriage annulment due to the husband's Vitiligo (Baraṣ ) from the perspective of Imami jurisprudence. FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ), 26(75 ), 83-101. SID. https://sid.ir/paper/957664/en

Vancouver: Copy

ARABSHAHI MOHAMMAD. Feasibility study of marriage annulment due to the husband's Vitiligo (Baraṣ ) from the perspective of Imami jurisprudence. FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ)[Internet]. 2022;26(75 ):83-101. Available from: https://sid.ir/paper/957664/en

IEEE: Copy

MOHAMMAD ARABSHAHI, “Feasibility study of marriage annulment due to the husband's Vitiligo (Baraṣ ) from the perspective of Imami jurisprudence,” FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ), vol. 26, no. 75 , pp. 83–101, 2022, [Online]. Available: https://sid.ir/paper/957664/en

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