هاجر یاسینی نیا

In Iranian law, in case of impotence (sexual incapacity) of the husband, the wife has the right to dissolution of marriage under certain conditions. In addition, it is possible for her to claim the divorce due to embarrassment. Of course, in cases where there are no conditions for exercising the right of termination - such as the delay in termination, knowing before the marriage, the husband becoming infected after intercourse - the dissolution of the marriage is possible only through divorce. The most important difference between the termination lawsuit and the divorce case is that in termination, mere proof of impotence is enough and treatment is not relevant, but in the divorce case, "incurability" is considered; therefore, it is necessary to pass the treatment period. In Sunni jurisprudence and the law of Arab countries, it is important to grant a one-year period or an appropriate period for the treatment of impotence to termination of marriage or divorce. In British law, impotence can be annulled if the couple is incurable or at risk of treatment, or if the couple refuses treatment. In addition, divorce is possible. In this article the ways to treat impotent are medically examined.

In Islamic and Iranian tradition, virginity is desirable and equal to chastity, merit and decency, so most men consider this chastity as a necessity to start a family. Although lack of virginity is not one of indisputable defects in wives in Shari‘a, but the question of this study is what legal sanction the lack of virginity ensues? Jurists have different views on the lack of this attribute; some consider the right to terminate marriage and others consider it as a right to reduction in dowry, also some believe in detailed specification (tafṣīl). Most lawyers suppose that it would be subject to article 1128 of Iranian Civil Code and one of the reasons for termination of marriage.  Most legal writers have not discussed about the status of dowry if the contract is not terminated but Islamic jurisprudence and tradition show that If the right of termination does not exist or is not used, the reduction of the dowry by the ratio of the difference between the dowry of the virgin women and the dowry of the non-virgin is the effect of the lack of virginity. It seems that necessity of unification in judicial procedure in Iranian family law requires adding a clause to the mentioned article regarding the amount of dowry if the marriage is not terminated.