تحلیل فقهی ـ حقوقی عیوب مجوز فسخ نکاح با رویکردی بر نظر امام خمینی

Taking into account the place of the rules of no-injury and no-criticalness in the jurisprudential inferences, attempts have been made in the present paper to find out whether handicaps mentioned in the traditions and jurisprudential texts are exclusive to the mentioned handicaps or they are merely some of the examples. the hypothesis of the present paper is that: since the criterion of the said handicaps is being fatal or inflicting heavy damages, if other handicaps or new diseases such as aids or a mental disease carries similar damages, they too are considered among the handicaps that permit abrogation of a marriage contract. also if one of the spouses contracts leprosy, the other spouse is entitled to abrogate the contract. today, many diseases can be cured, therefore, if the disease is cured the permission to abrogate the contract is also nullified. in the light of imam khomeini’s viewpoints, divorce is not a suitable solution because in certain cases when it causes injuries and damages. hence, in some cases abrogation is more defendable than divorce.