Document Type : research
Authors
1
Department of Jurisprudence and Fundamentals of Islamic Law, North Tehran Branch, Islamic Azad University, Tehran, Iran
2
Department of Jurisprudence and Fundamentals of Law, North Tehran Branch, Islamic Azad University, Tehran, Iran; Department of Jurisprudence and Fundamentals of Islamic Law and Thoughts of Imam Khomeini (PBUH), Research Institute of Imam Khomeini (PBUH) and the Islamic Revolution, Tehran, Iran.
3
Department of Jurisprudence and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
4
Department of Jurisprudence and Fundamentals of Law, North Tehran Branch, Islamic Azad University, Tehran, Iran; Department of Jurisprudence and Law, Shahid Motahari University, Tehran, Iran.
10.22034/ejs.2023.357643.1280
Abstract
Background and Aim: The family is the first and most important institution of society, which reinforces the common values of every society and the most important foundation for the protection and protection of those values. The purpose of this research is to investigate the deterioration of marriage due to the change of gender of the couple.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Findings: As a general rule, it can be stated that in contracts and legal acts where the type of gender has no effect on legal rights, gender change also has no legal effect. However, in contracts where the gender of the person is decisive, such as marriage, with the change of gender, it undergoes change and different rulings and effects follow.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: The theory of Involuntary termination in gender change is correct and based on it, the marriage contract is valid from the time of conclusion until the time of gender change, and it is forcibly dissolved from the time of gender change.
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