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.