چکیده:
The exclusivity of marriage annulment to specific factors stated in jurisprudence is equivalent to the impossibility of generalizing the factors of marriage annulment, which leads to a momentary and partial view of marriage annulment and the lack of jurisprudential attention to new illnesses and problems in the family system. To escape these drawbacks, investigating the possibility of generalizing the factors of marriage annulment is necessary. Accordingly, assuming the possibility of generalizing and expanding the minimum limit of marriage annulment factors in jurisprudence, this issue has been investigated using a descriptive and analytical method based on an ijtihadi approach, with the aim of responding to the jurisprudential needs of families; regarding the possibility of generalizing the factors allowing marriage annulment in Shia jurisprudence, two views exist: maximal generalization and minimal generalization. In maximal generalization, there is the possibility of generalizing defects allowing annulment regarding both the husband and wife in both explicit (mansus) and implicit (ghayr-mansus) defects; however, according to the minimal generalization view regarding the aforementioned defects, only the wife has the right to annul the marriage; because unlike the husband, who in addition to the right of divorce also has the right to annul the marriage, the wife does not possess the right of divorce. Accordingly, the findings of the research are as follows: 1. Based on the evidence and the collective view of jurists, the possibility of generalizing defects causing annulment generally exists. 2. The view of maximal generalization has been questioned due to suspicions of analogy (qiyas) and being more specific than the evidence. 3. The possibility of minimal generalization of defects causing annulment is closer to the correct opinion and more consistent with the presented evidence. 4. As a partial affirmative, the generalization of marriage annulment factors from explicit to implicit regarding the husband's defects is provable in Shia jurisprudence.
خلاصه ماشینی:
Escape from harm is not limited to the establishment of the right of annulment (Khiyar) Jurists who oppose the generalization of defects believe that the only solution for escaping the existing harm is not the annulment of marriage, but rather other solutions such as the separation of the spouses from each other or a judge's ruling to compel the man to divorce can also be used.
1. The narration of Husayn ibn Sa'id from Ali ibn Isma'il from Ibn Abi Umayr from Hammad from Halabi from Imam Sadiq (as) who said: «اين است و جز اين نيست که نکاح رد مي شود از برص و جذام و جنون و عفل» (Amili, 1412: 210) According to this narration, the right to annul the marriage exists only in the defects that have been explicitly stated in this narration and does not include others; new defects that cannot fall within the scope of this narration make annulment impossible; meaning, in a sense, non-explicit defects such as AIDS are excluded from the scope of the rule of "La Darar.
" (Ayatollah Gerami's Information Base, Answers to Inquiries (Annulment of Marriage in Modern Diseases), first page) It is necessary to remind that the restriction present in this narration is regarding the defects of women, so that men only have the right of annulment in specific defects mentioned in this narration, but a woman can annul the marriage in any defect of the man that causes harm.
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