Legal and Jurisprudential Examination of Marriage and Divorce for Terminally ILL Patients

Abstract

One of the important issues in the legal world is preventing the abuse of rights. The institution of marriage, due to its non-monetary nature with significant financial implications, can create opportunities for abuse of rights in certain circumstances. One such circumstance is when one spouse is afflicted with a fatal illness, and divorce can be used as a means to disinherit them. The findings of this theoretical research, which was conducted using a descriptive and analytical method, show that according to Shiite Islamic jurisprudence and Iranian law, if a terminally ill man divorces his wife due to fear of abuse of rights, she may still inherit from him under certain conditions. In reality, illnesses can be divided into two categories: those that result in death quickly and those that are prolonged. It appears that only the former are covered by the law, while the latter are not. However, it is essential to consider other financial implications of marriage beyond inheritance, such as alimony, dowry, and other expenses. Therefore, the legislature's coverage gaps related to these issues require transparency to increase awareness and prevent potential problems resulting from prolonged illness, divorce, remarriage, and their consequences. In conclusion, inheriting from a terminally ill spouse is not deemed an exceptional circumstance under legal or jurisprudential frameworks, but rather it should be addressed within a broader context of legal frameworks to mitigate potential harms.