Defects of annulment permission, inclusion or exclusion

الملخص EN

Clearly, defect is one of the causes of the annulment of permanent marriage, but it is known by reference to the famous jurisprudence books that jurists often regard certain diseases with special classification as the causes of marriage annulment for the parties and their dispute is limited.

In a way that some common defects are not more than one defect and some jurists have cited other diseases as causes of annulment.

The famous jurists have suspended the license for annulment to the text and document indicating the prescription of the legislator and do not consider a place for rational justifications, social considerations and reasoning based on interest, analogy and approbation.

It seems that a detailed examination of the issues of annulment license should determine whether such a number of specific diseases and this form of classification could be acceptable for any age or whether its criterion should be discovered and generalized to other matters.

That is because many diseases and defects have been incurable in the past while they can be cured at this time, thus curing and removing these diseases is ruled out.

On the other hand, new diseases have emerged that may be more lethal than the defects designated to annulment license.

Therefore, it is necessary to proceed with the discovery of the criterion in order to generalize it to the cases and deficiencies of the subject matter.