A Critical Review of Gender Inequality in Terminating Marriage in Iranian Civil Code

The Iranian Civil Code, especially those relating to family laws, is mainly based on the prevailing opinions of Shiite jurisprudence (without considering other views and evaluating their strength). As a result, in some cases, unfair and discriminatory laws have been enacted. For instance, under Article 1122 of the Civil Code, some diseases like Black Leprosy and Vitiligo of women have been regarded as an initiative to terminate marriage for men but such a right has not given to women if the husband suffers from such diseases. It seems that such discriminations have no justification and persuasive support in Shiite jurisprudence. For this purpose, this essay tries to review and criticize the prevailing opinions in the jurisprudence regarding the rights given either to men or women in respect of terminating marriage based on their spouse's disease. In this essay, the opposite views regarding this issue in jurisprudence will also be clarified and evaluated.