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

Document Type : Scholarly Article

Author

PhD in Criminal Jurisprudence, Razavi University of Islamic Sciences, Mashad, Khorasan Razavi,, Iran, Mashhad

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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References

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Biannual Journal of Family Law And Jurisprudence
Volume 26, Issue 75
November 2021
Pages 85-101

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