نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Marriage, as the most fundamental institution of family law, plays a crucial role in consolidating social ties and the family foundation; nevertheless, continuation of that relationship may at times be impossible due to particular defects or violations, and the legislator has therefore provided rescission (fasakh) of marriage as an exceptional and protective remedy. The importance of this institution is heightened by the fact that, in many cases, the wife is more exposed to harm than the husband, making an examination of the extent to which the law protects her indispensable. This study investigates the status of the wife in marriage rescission and assesses the effectiveness of protective regulations. Using a descriptive–analytical method and drawing on jurisprudential sources, statutory law, and the views of legal scholars, the research finds that Article 1122 grants the wife the right of rescission by identifying certain defects in the husband; however, comparison with Article 1123 shows that the range of defects attributable to the wife is broader, creating an imbalance between the spouses’ rights. Furthermore, in cases such as severe or incurable illnesses or significant disabilities of the husband, there is no explicit textual provision to protect the wife, and relief can only be sought indirectly through Article 1130 and the doctrine of hardship (ʿusr wa-ḥaraj). Accordingly, the study’s findings indicate the necessity of revising the regulations, expanding the scope of recognized defects, restoring balance between spouses’ rights, and harmonizing the law with social and medical developments in order to strengthen the protective position of the wife and realize justice in Iran’s family law.
کلیدواژهها English