The defects associated with the marriage (comparative Study with Islamic jurisprudence(
Basic Education College Magazine For Educational and Humanities Sciences
2018, Volume , Issue 38, Pages 785-796
2018, Volume , Issue 38, Pages 785-796
Abstract
The Iraqi legislator has authorized the matter of divorce because of defect، but he took a contrary way to the view that is most likely in the Islamic law to give the option of annulment defect for both spouses، where the Iraqi law gave the right to request the distinction of defect to the wife without the husband according to what is most likely of the Hanafi school، but the legislator is defferent from the Hanafi school، permitted to differentiate between any other illness that is valid or mus be avoided، and the legislator is permitted to differentiate with the husband's infertility if the wife is not born of him a boy.
Keywords
disadvantages of marriage, choice of annulment, differentiation of defect, husband and wife.Metrics