Looking again at the reasons for annulment of marriage and examining the view of  exclusivity of its cases from the perspective of the family jurisprudence system

Hoseini, Sayed Amrollah

doi:10.30497/irj.2022.76387

Looking again at the reasons for annulment of marriage and examining the view of exclusivity of its cases from the perspective of the family jurisprudence system

Document Type : Original Article

Author

Sayed Amrollah hoseini

Assistant Professor of Jurisprudenceand Islamic Law, Imam Khomeini International University, Qazvin, Iran

10.30497/irj.2022.76387

Abstract

Annulment of marriage is considered as one of the causes of dissolution of marriage contract, the causes of which are mentioned in jurisprudence and law. In twelvers jurisprudence, cases and causes of rescission are mentioned in the discussion of "defects" and the civil law of Iran also mentions these defects in articles 1121 to 1123, following the opinion of famous jurists, and in article 1128, the breach of the condition regarding qualification is considered as the reason for the annulment of the marriage. The investigation of these cases has been done by many researchers and there is nothing new to say in this regard. However, the issue that has not been addressed is the question of whether the reasons for annulment of marriage are unique in these special cases, or whether there should be development in this field? In this research, it has been tried to analyze all cases in which there is a possibility of annulment of marriage by inductive method, and the findings of this research show that annulment of marriage is not exclusive in the cases mentioned in the law, and there are other cases that should be added to the list of reasons for annulment of marriage.

Keywords

Dissolution of marriage

annulment

reasons for annulment of marriage

defects

option of breach of condition