Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 613-625 |
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Ebrahimi A R, Mahdikhani Sarvjahani Z. The Impact of Human Papillomavirus Disease on the
Wife's Termination of Marriage. MLJ 2024; 18 (59) :613-625
URL: http://ijmedicallaw.ir/article-1-1595-en.html
URL: http://ijmedicallaw.ir/article-1-1595-en.html
1- Department of Jurisprudence and the Fundament of Islamic Law, Faculty of Theology and Islamic Studies, Qom University, Qom, Iran.
Abstract:
Background and Aim: The main objective of this article is to investigate the effect of human papillomavirus disease on the dissolution of marriage by the wife.
Method: The method of this research is descriptive-analytical and based on library data.
Ethical Considerations: Throughout all stages of writing this research, the originality of the texts, honesty and trustworthiness have been observed.
Results: Marriage annulment is one of the important jurisprudential and legal issues and there is no doubt that marriage can be dissolved due to defects stipulated in jurisprudence. These defects are divided into two groups: specific defects and common defects between men and women. Famous jurists have only mentioned madness and madness in the list of common defects. However, defects specific to men include castration; emaciation and emaciation and defects specific to women include leprosy and leprosy; impotence or sterility; lameness and blindness. However, the discussion that is being raised today is the feasibility of annulling marriage in the event of some incurable or incurable diseases; among these diseases is human papillomavirus, which is the main cause of cervical cancer in women, which is one of the most common cancers that lead to death in women. The question is, considering the impact that this disease has on the wife's life and health; will there be permission for the wife to terminate the marriage? The necessity of this issue is clear, given the importance of family and individual health.
Conclusion: In this article, by using the refinement of patterns, the rule of no harm and no harm, as well as the rule of negation of hardship and relying on evidence that causes the dissolution of marriage in tadlis, the conclusion was reached that despite the human papilloma disease in the husband, the right to dissolve the marriage will be fixed for the wife. In the event of the wife's ignorance in exercising her right, whether it is ignorance of the ruling or ignorance of the subject, the right to dissolve the marriage will be fixed for her and she can exercise it as soon as she becomes aware of it.
Please cite this article as:
Ebrahimi AR, Mahdikhani Sarvjahani Z. The Impact of Human Papillomavirus Disease on the Wife's Termination of Marriage. Medical Law Journal. 2024; 18: e42.
Method: The method of this research is descriptive-analytical and based on library data.
Ethical Considerations: Throughout all stages of writing this research, the originality of the texts, honesty and trustworthiness have been observed.
Results: Marriage annulment is one of the important jurisprudential and legal issues and there is no doubt that marriage can be dissolved due to defects stipulated in jurisprudence. These defects are divided into two groups: specific defects and common defects between men and women. Famous jurists have only mentioned madness and madness in the list of common defects. However, defects specific to men include castration; emaciation and emaciation and defects specific to women include leprosy and leprosy; impotence or sterility; lameness and blindness. However, the discussion that is being raised today is the feasibility of annulling marriage in the event of some incurable or incurable diseases; among these diseases is human papillomavirus, which is the main cause of cervical cancer in women, which is one of the most common cancers that lead to death in women. The question is, considering the impact that this disease has on the wife's life and health; will there be permission for the wife to terminate the marriage? The necessity of this issue is clear, given the importance of family and individual health.
Conclusion: In this article, by using the refinement of patterns, the rule of no harm and no harm, as well as the rule of negation of hardship and relying on evidence that causes the dissolution of marriage in tadlis, the conclusion was reached that despite the human papilloma disease in the husband, the right to dissolve the marriage will be fixed for the wife. In the event of the wife's ignorance in exercising her right, whether it is ignorance of the ruling or ignorance of the subject, the right to dissolve the marriage will be fixed for her and she can exercise it as soon as she becomes aware of it.
Please cite this article as:
Ebrahimi AR, Mahdikhani Sarvjahani Z. The Impact of Human Papillomavirus Disease on the Wife's Termination of Marriage. Medical Law Journal. 2024; 18: e42.
Keywords: Human papillomavirus, HPV, Annulment of Marriage, Forgery, Rule of Harmlessness, Rule of Negation of Harm
Type of Study: Original Article |
Received: 2023/01/21 | Accepted: 2023/12/3
Received: 2023/01/21 | Accepted: 2023/12/3
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