Investigating the Role and Effect of the No-Harm Rule in Termination of Marriage Due to Emerging Diseases

Although the theory of civil law and the generally accepted view among jurisprudents is the exclusivity of the defects leading to termination of marriage. Today, however, with the advent of new diseases, many of the contemporary jurisprudents believe in the allegoricalness of defects, especially given that the basis for termination of marriage in the defects specified by law is the negation of harm, and this criterion exists in emerging diseases a fortiori, since many of these diseases are pernicious, contagious and refractory, and tolerating such conditions by a healthy person, in addition to causing harm, is associated with great affliction. Yet, notwithstanding the fact that some of the defects regarded in the civil law as causes for termination of marriage can be treated today with scientific and medical advances, some jurists and jurisprudents still adhere to termination of marriage. In this descriptive-analytical article, through the comparison of priority, which is accepted by all jurisprudents, it was concluded that in the new defects that have appeared today, such as AIDS, hepatitis, SARS, syphilis, etc., which are far more perilous and refractory than the defects specified in the civil law, and for which no definitive treatments have been found so far, we must abide by termination of marriage in order to prevent harm to the spouse.