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Tafrīq bayna al-zauǧayn bi-sabab al-ʿuyūb al-zauǧiyya, al-
o.V. 1974

LongWorkDescription: maǧallat al-buḥūṯ al-fiqhiyya al-muʿaṣira (maǧalla ʿilmiyya faṣliyya muḥakkama mutaḫaṣṣiṣa fī l-fiqh al-islāmī)
Editors: ʿAbd al-Raḥmān b. Ḥasan al-Nafīsa
Volume: 74
PageRange: 368-?
PlacePublished: Riyad
Abstract: The study deals with separating the husband from his wife (divorce) because of marital (sexual) defects. Defects that can be a reason for separating a couple are defects that either prevent sexual intercourse or bring danger to one of them. With the advancements in medicine many defects are nowadays treatable so that mouth odour, for example, was treated as a defect in past but as far as it is medically treatable today it is no longer a defect. Contagious diseases like AIDS are still defects. A defect must have following preconditions: The defect shall be before the marriage contract is made, it shall be grave and a danger for the partner and it shall be proven by one of the two spouses or by a reliable medical report. The one who is harmed by the defect should request for an annulation of the marriage. If he suffers a fatal disease like AIDS and he does not request for it he should be forced to annul the marriage.
ArabicPersianTitle: التفريق بين الزوجين بسبب العيوب الزوجية
Keywords: Sexuality; Nikāḥ; Ṭalāq
Region: Middle East
Citation: o.V., "Tafrīq bayna al-zauǧayn bi-sabab al-ʿuyūb al-zauǧiyya, al-". 74. Riyad, 368-?. 1974.