الأمراض الحديثة و أثرها على استمرار الرابطة الزوجية

Abstract EN

This research is concluded to show that IsIamic law and positive legislation are keen on preserving the permanence and continuation of marital bond being the first nucleus in society, It is also, at the same time, keen to preserve the safety of the spouses from con tagious and dangerous diseases and preventing its transmission between spouses therefore, we find that Islamic jurisprudence) 944and positive legislation have shown some kind of faults and traditional diseases that may cause separation between spouses if one or both of them are affected by these diseases `.

A ccordiyg to the progress in medical field, other infectious diseases were previously unknown and the marital bond is considered one of the means of transmission between the spouses which leads to harm between the spouses, and the most prominent of these diseases are viral hepatitis AIDs, tuberculosis and syphilis, and these diseases as a, and then the most correct opining among the majority of Islmic jurisprudence is that it is permissible to separate the spouses, just as positive legislation considered affliction with one of these diseases as a reason permitting the request for separation in order to ward off the damage