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Study of Moral Obligations Arising from Marriage Contract and the Jurisprudential and Legal Aspects of Its Termination
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Azad Karim Moloud1   , Siamak Jafarzadeh2 , Reza Nikkhah Saranghi3 |
1- Ph.D. Student of Private Law, Faculty of Literature and Humanities, Urmia University
2- Department of Islamic Jurisprudence and Law, Faculty of Literature and Humanities, Urmia University , jafarzadehsiamak514@gmail.com
3- Department of Islamic Jurisprudence and Law, Faculty of Literature and Humanities, Urmia University |
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Abstract: (101 Views) |
Background: Marriage contract is one of the legal acts that entails numerous moral obligations and can be dissolved due to voluntary or involuntary causes. The purpose of the present study is to study the moral obligations arising from marriage contract and the jurisprudential and legal aspects of its termination.
Conclusion: The moral rules governing the family, in terms of efficiency and impact on the fate of this sacred institution, have a value beyond legal rules, and for this reason, the primary principle in marriage contract and the formation of a common life is to pay attention to its moral rules such as good fellowship, loyalty, and cooperation in establishing the foundations of the family and raising children. Marriage contract is one of the legal acts that is dissolved due to voluntary or involuntary causes. From the legislator's point of view, termination is an option that one or both parties have decided to use to break a valid contract. Naturally, the provision in the Civil Code regarding the right to terminate seems discriminatory for men and women, and there is no logical justification for it. How can it be justified that a man, despite having the power to divorce and according to Article 1133 of the Civil Code, can divorce his wife whenever he wants, but a woman who does not have the power to divorce, cannot use this right to terminate if she is faced with a leper husband who has a dangerous and contagious disease or a blind and disabled husband who naturally has a negative impact on her management of the family and livelihood, and is forced to make do with it.
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| Keywords: Moral obligation, Marriage contract, Termination |
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Full-Text [PDF 976 kb]
(72 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2024/12/23 | Accepted: 2025/02/22 | Published: 2025/07/1
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