A comparative study of Basics of revocation of marriage, caused by the non-gender defects, in five Religions and Iranian and Kuwait law

According to Article 1123 of the Civil Code of Iran, spouses do not
have equity right in termination of marriage contract caused by the nongender
defects. This regulation has been compiled conforming to opinion
of the majority of Shi'a jurists. Accordance to this viewpoint, if the
woman has defects such as vitiligo, leprosy and blindness, her husband
can terminate marriage contract, but if he has same diseases, his wife has
no right of revocation of marriage. There are no compelling reasons for
this discrimination. Due to scientific advances, if the diseases is
treatable, the right of termination remains. In addition, in the current era,
there are diseases that are harmful, but they are not the cause of
termination. According to the opinion of the minority of Shi'a jurists and
Sunni religious scholars, there are not differences between spouses in
right of marriage termination caused by the same defect. At Kuwaiti
Personal Status Act, the couples have the equity right in revocation of
marriage, caused by the non-gender defects, The purpose of this study
was to investigate the reasons for discrimination in jurisprudence in civil
code. In this paper, legal and jurisprudence bases of these rules are
studied comparatively, by using analytical method. The results show that
amendments of Article 1123 of the Civil Code create legal equality for
couples, fairness and legal equity of spouses. According to Shi'a scholars
and Article 139 of Kuwaiti Personal Status Act, the above mentioned
amendments are not inconsistent with Islamic law.