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Author(s): 

RAFIEI MOHAMMAD TAQI

Journal: 

Medical Law

Issue Info: 
  • Year: 

    2012
  • Volume: 

    1
  • Issue: 

    2
  • Pages: 

    24-35
Measures: 
  • Citations: 

    0
  • Views: 

    324
  • Downloads: 

    157
Abstract: 

Continuous propagation of AIDS/HIV along with its unpleasant effects and consequences for the global society is one of the most important challenges ahead of scientists of the different fields of medical, ethical and legal. One of the legal challenges which should be studied about AIDS is family law especially what concerns marriage dissolution. Although laws of different countries in the world are looking to strength marriage but if continuity of marriage and marital life leads to dislike and bodily and spiritual damage for them  there is no way but dissolving it. One of the factors may renders such a situation is AIDS disease in one of the couple. In one hand considering the characteristics of this disease about the problems of disclosing it and inability to force test taking, and on the other hand, by reason of the main transmission of AIDS through sexual contact what ways there are in Iranian laws for dissolving marriage? It seems that according with the theory of expansion marriage revoking diseases in the Iranian Civil Code to AIDS each of the couple has the right to terminate marriage. In the case when marriage revoking diseases does not include AIDS, the right to divorce could be used, although there is discrimination between man and woman for proving the AIDS disease and the hardship of the marital life.

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Journal: 

Medical Figh

Issue Info: 
  • Year: 

    2022
  • Volume: 

    14
  • Issue: 

    44
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    37
  • Downloads: 

    0
Abstract: 

Background and Aim: dissolution of marriage by using the defect option or the option of violation of the conditional characteristic is one of the ways to dissolve a marriage when the woman or man has a defect or lacks a qualifying or conditional characteristic during the marriage. The jurists’,famous case attitude and the dissolution of marriage law has made some researchers to investigate the unwritten factors by taking advantage of Manat's resection, which obsession is one of these diseases. The marriage of an acutely obsessive person causes many important goals of marriage to be disrupted. The purpose of this article is to investigate the role of obsessive disorder in the dissolution of marriage during the severity of the disease. Materials and Methods: This research investigates the possibility of dissolution of marriage with obsessive disorder by descriptive and analytical method and using library sources. Conclusion: According to the narrative evidence and the rules of harmlessness and non-harm, the prescribed defects that cause the dissolution of the marriage are allegorical in the religion and law. Therefore, it is possible to dissolve the marriage based on the criteria of the prescribed defects in the case of one of the spouses’,obsession disorder. So when the obsession is in a severe state or obsessive madness due to the obstacle and disgust of sexual intercourse, it is possible to dissolve the marriage. Also, due to the custom's emphasis on the spouses’,health, if during the marriage, one of the spouses has severe obsessive illness or obsessive insanity, the other party can terminate the marriage by citing the option of violating the condition.

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Author(s): 

Issue Info: 
  • Year: 

    2022
  • Volume: 

    63
  • Issue: 

    -
  • Pages: 

    1-27
Measures: 
  • Citations: 

    1
  • Views: 

    20
  • Downloads: 

    0
Keywords: 
Abstract: 

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Issue Info: 
  • Year: 

    2015
  • Volume: 

    11
  • Issue: 

    40
  • Pages: 

    31-50
Measures: 
  • Citations: 

    0
  • Views: 

    1271
  • Downloads: 

    0
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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Author(s): 

RAFIEI MOHAMMAD TAQI

Journal: 

Medical Law

Issue Info: 
  • Year: 

    2010
  • Volume: 

    4
  • Issue: 

    13
  • Pages: 

    31-62
Measures: 
  • Citations: 

    0
  • Views: 

    1488
  • Downloads: 

    0
Abstract: 

It seems that the approach of Iranian legislation in the sphere of family law is to protect the opposite of persons of the patients not themselves patients. For example, the Iranian Civil Code under Article 1123 not only does not protect of woman patients with certain diseases but also by giving the right of termination of marriage to man in fact protects the man's rights against woman patients. Also the Family Protection Act, year 1353 / 1974 in paragraph 13 of Article 8 will grant divorce right the other party in case of a childless couple. Here is the question raised is weather according to progress of medical science and treatment of some women diseases cannot prevent dissolution of marriage? Seems with approach of protection of women patients can be prevent from end married life by non-recognition the right of dissolution of marriage due to some diseases. In this article the approach to protect the rights of women patients according to legal principals and some statutes is examined.

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Author(s): 

Khaliq Shafaq Abdul

Issue Info: 
  • Year: 

    2025
  • Volume: 

    3
  • Issue: 

    1 (7)
  • Pages: 

    133-149
Measures: 
  • Citations: 

    0
  • Views: 

    14
  • Downloads: 

    0
Abstract: 

Dowry, as one of the financial effects of marriage, has always been of interest in legal systems based on the Islamic legal system. The legislator has foreseen provisions regarding this right of the wife, in addition to the duration of the marital relationship, at the time of its dissolution. Since the dissolution of the marital relationship may take place in various ways such as divorce, annulment or death, therefore, its effect on the status of the dowry will also vary depending on the case. This research, using a descriptive-analytical method and relying on the Civil Code and the Personal Status Code, has examined the status of the wife's dowry after the dissolution of the marriage. The research findings indicate that the determination or non-determination of the dowry at the time of marriage, the occurrence or non-occurrence of sexual intercourse between the spouses, and the type of dissolution of the marriage (divorce, annulment, and death) are key factors that play an effective role in the entitlement or loss of all or part of the wife's dowry. The purpose of the research is to determine the legal status after the dissolution of the marriage in Afghan law.

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Author(s): 

QANBARI M. | RAJAEE POUR -

Issue Info: 
  • Year: 

    2009
  • Volume: 

    5
  • Issue: 

    20
  • Pages: 

    129-147
Measures: 
  • Citations: 

    0
  • Views: 

    2254
  • Downloads: 

    0
Abstract: 

There is another way, apart from divorce, for the conjugal spouses to separate from each other, which is called the dissolution of marriage tie due to the existence of some serious problem. At the presence of an incurable disease such as AIDS, Cheating, Hardships or Faults, each of the marital partner is allowed to be divorced and to start a separate life.This paper is an attempt to prove that the AIDS disease is one of the imperfections for the inflicted individual that permits the healthy party to be divorced due to this communicable illness. Based on the Unity of Criterion, in addition to specific cases, according to jurisprudencial sources on the conjugal narriage tie dissolution due to the exsitence of imperfections and based on the No-Harm or Loss Rule, the separation of the healthy spouse, whether husband or wife, is reasonable and permissible.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    18
  • Issue: 

    3
  • Pages: 

    753-779
Measures: 
  • Citations: 

    0
  • Views: 

    50
  • Downloads: 

    10
Abstract: 

Looking at the book of Al-Faqih by Sheikh Sadouq, one of the jurists connected to the time of the absence of Imam of the Age (may God hasten his reappearance), it can be said that he has opposing views on issues related to the dissolution of marriage like other chapters of jurisprudence. In five cases, they are: 1- Not counting the permissible divorce in three divorces that cause the separation of the woman. 2- Proximity between divorce and childbirth that is the waiting period of divorce of a pregnant woman. 3- Testing male impotence by claiming it by a woman in three ways: putting the man in cold water, feeding the man with fresh fish, and putting saffron perfume in the woman's uterus. 4- Causing permanent separation if the woman curses her dead husband (conjugal anathema). 5- Restriction causing conjugal anathema (Li'an) in rejecting the child. However, these opinions have a strong narrative support, so apart from the existing jurisprudential consensus and famous opinions, one can judge and choose between their jurisprudential theories. Perhaps this can be a factor to change the topics of the second chapter of the seventh book of the Civil Code (pertaining to dissolution of marriage), which mostly follow the famous opinions of the jurists to express the rules. This article uses an analytical-critical method of research and library and documentary data collection procedure.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    27
  • Issue: 

    76
  • Pages: 

    89-118
Measures: 
  • Citations: 

    0
  • Views: 

    170
  • Downloads: 

    0
Abstract: 

In Iranian law, in case of impotence (sexual incapacity) of the husband, the wife has the right to dissolution of marriage under certain conditions. In addition, it is possible for her to claim the divorce due to embarrassment. Of course, in cases where there are no conditions for exercising the right of termination-such as the delay in termination, knowing before the marriage, the husband becoming infected after intercourse-the dissolution of the marriage is possible only through divorce. The most important difference between the termination lawsuit and the divorce case is that in termination, mere proof of impotence is enough and treatment is not relevant, but in the divorce case, "incurability" is considered,therefore, it is necessary to pass the treatment period. In Sunni jurisprudence and the law of Arab countries, it is important to grant a one-year period or an appropriate period for the treatment of impotence to termination of marriage or divorce. In British law, impotence can be annulled if the couple is incurable or at risk of treatment, or if the couple refuses treatment. In addition, divorce is possible. In this article the ways to treat impotent are medically examined.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    10
  • Issue: 

    19
  • Pages: 

    307-328
Measures: 
  • Citations: 

    0
  • Views: 

    437
  • Downloads: 

    0
Abstract: 

Termination is one of the instances of dissolution of marriage that end the marital relationships; among the factors of termination of marriage is difference of territories of the couples. The current research deals with issue of termination of marriage using the conceptdifference of territories and by descriptive-analytical of these findings, there are two different perspectives in this regard. The first approach is the popular opinion and based on narrative argumentation difference of territories is the reason of termination of marriage, in some conditions the termination is immediate and in some other cases is postponed. The second view is from a few jurists who, according to the traditions and practices of the Prophet as well as the preponderant interest, do not Count difference of territories the cause termination of the couples. According to the views and arguments on this regard and its adaptation to the circumstances and issues of the day, the judgment is preferred to non-dissolution. The order to preserve and maintain couple marriage life according to difference of territories of the couples (at least for a relatively long time) in the current conditions for the continuation of the marital life to prevent serious harm to children is essential.

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