Causes of the Right to Annulment of Marriage in Iranian and Afghan Law
Keywords:
marriage, Iran, Afghanistan, annulment of marriage, groundsAbstract
Marriage is a contractual relationship that requires the mutual consent and will of both parties. The purpose of this contract is to establish affection, kindness, and child-rearing. If this contract encounters deficiencies for various reasons, the continuation of the marital life may not be feasible. This study aims to conduct a comparative analysis of the grounds for annulment of marriage in Iran and Afghanistan. The research specifically addresses the grounds for annulment and demonstrates that, according to the jurisprudence of both Shiite and Sunni sects, as well as the legal texts in both countries, there are many similarities and some differences. For instance, similarities in annulment grounds include issues such as lian (a specific type of marital declaration) and insanity of the husband or wife. On the other hand, differences include aspects such as annulment of marriage with foreign nationals under Iranian civil law, which is not recognized under Afghan civil law, among other issues. Examining these and other jurisprudential and legal aspects of the two neighboring Muslim countries facilitates intellectual and cultural exchanges between them, fostering scientific interactions and the optimal utilization of each other’s spiritual assets. This approach aligns with the efforts of Sheikh Shaltut (may Allah have mercy on him), who dedicated much of his life to the rapprochement of Islamic sects and left a significant legacy in this regard. It is hoped that such research will revive this spirit among the people of both lands.
References
Rezvani, I. (2010). Causes of the Right to Annulment of Marriage in Iranian Civil Law. Tehran: Shahid Beheshti University, Faculty of Law. Master's Thesis in Law.
Al-Nawawi, A. Z. (2001). Hadith "There Should Be No Harm or Harm Done": Forty Hadiths, 32. Kurdistan.
Amir Youssef Panah Darabadi, E. (2000). The Legal Effect of Newly Emergent Defects on Marriage. Quds: Islamic Azad University, Faculty of Literature and Humanities. Master's Thesis in Law.
Halimi, A. (2019). Brief Report on the Implementation of the National Judicial and Legal Reform Program. Kabul.
Asadi, Z. (2017). Marriage Barriers and Voluntary Grounds for Dissolution in Iranian Law and Islamic Jurisprudence. Damavand: Islamic Azad University. Master's Thesis in Private Law.
Esmaeili Nejad, S. (2017). The Legal Nature of Increasing Dowry After Marriage. Sabzevar: Hakim Sabzevari University, Faculty of Theology and Islamic Studies. Master's Thesis in Law.
Harfati, S. (2010). Causes of Perpetual Prohibition of Marriage in Shia Jurisprudence. Wienak: Al-Zahra University, Faculty of Theology and Islamic Studies. Master's Thesis in Law.
Mirzaei, S. (2020). Comparative Study of the Effects of Marriage Contract in Shia Jurisprudence and Iranian Law. International Journal of Law, 4.
Amiri Nia Mashidi, M., & Pourjavaheri, H. (2020). Legal and Jurisprudential Analysis of the Annulment of Marriage Due to Brain Death and Its Effects on Spousal Relations. Comparative Legal Research: Iran and International Studies, Summer 6.
Hosseini, A. (2018). Examining the Possibility of Changes in Dowry After Marriage. Mazandaran: Mazandaran University, Faculty of Law and Political Science. Master's Thesis in Law.
Justice Khah, A. (2008). Family Law. Kabul: Maywand Publishing House.
Nazari Pour, A. (2020). Comparative Study of Marriage Prohibitions in the Quranic Verses and Hadiths from the Perspectives of Shia and Hanafi Jurisprudence. Higher Education Complex of Jurisprudence, Al-Mustafa International University, Higher School of Jurisprudence and Islamic Knowledge. Master's Thesis in Law.
Bahadori, I. (2017). Comparative Study of Grounds for Marriage Invalidity in Iranian and English Law. Islamic Azad University, Maku Branch. Master's Thesis in Law.
Attai, M. (2018). Study of Grounds for Annulment of Marriage in Iranian Law and Shafi'i Jurisprudence. Journal of Elite Sciences and Engineering, 3/3.
Hayati, A. A. (2014). Family Law. Qom: Mizan Publishing.
