Analysis of the Nature of Dissolution of Marriage due to Intolerable Difficulty and Hardship of the Wife from the Perspective of Imami Jurisprudence and Iranian Civil Law

Document Type : Original Article

Author

Director of Jurisprudence and Judical Law Department, Al-Mustafa International University, Qom, Iran

Abstract

The marriage contract is one of the most necessary contracts. However, the marital relationship is automatically dissolved due to mutual curse, apostasy, foster care, or gender change, and it is also voluntarily dissolved due to termination, divorce, or granting duration in temporary marriage. If the wife is experiencing intolerable difficulty and hardship in her joint life with her husband, she is subject to the rule of negation of hardship. In this case, the dissolution of marriage is considered in the form of annulment of marriage, because this rule, in addition to mandatory rules, embraces status rules including the necessity of marriage. But the jurists have not accepted the annulment of the marriage by the wife due to intolerable difficulty and hardship, because they exercise caution and consider the annulment of the marriage to be confined to defects mentioned in texts, violation of the condition, and deception. But whether this dissolution of marriage is under judicial divorce is dependent on the development of the rule of negation of hardship to non-existent matters in the rulings, which some jurists have accepted and, therefore, prescribed divorce by the ruler in this regard, which is closer to caution. However, according to the jurisprudential pieces of evidence, the prescription of annulment of marriage in the case of intolerable difficulty of the wife is not far from the jurisprudential foundations. Iran's civil law prescribes judicial divorce in accordance with the famous opinion of contemporary jurists in this regard, and accordingly, the effects of divorce will follow such dissolution.

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History

  • Receive Date: 01 September 2022
  • Revise Date: 27 September 2022
  • Accept Date: 10 October 2022

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