r. daryaee

COVID-19 has greatly affected the social life in the present era and its dangerous consequences on people’s lives have been a serious social concern. One of the most important characteristic of this disease is that it is highly contagious. Obviously in families, which the couples are at the center, living in the same house and having many direct and indirect contacts, the possibility of transmission of this disease is high if one member contracts the disease. Despite the medical aspects of this issue, there are also important legal aspects. This article specifically seeks the answer to the question that whether the disease carrier is liable if they transmit the disease to their partner. For example, if the receiver dies, is it possible to hold the carrier responsible? Jurisprudence and legal studies show that if the carrier knows that they are carrying the virus, in some situations it constitutes a deliberate crime which can be punished but if the carrier does not know about it, it is not accepted that they are liable for compensation.

Regardless validity arguments, require-ements and effects of option of conditions, determining the scope of its utilization needs serious attention. The question raised here is that is it possible to stipulate option of conditions in marriage contract in Sunni and Shia jurisprudence? Here are the two main ideas. A group of Shia and Sunni jurists believe that not only the option of conditions but also the marriage contract is void because the aforementioned option is contrary to the requirement of the substance of contract. Another group, pointing out some reasons such as illegality of these conditions, believes that the option of conditions is void, not the marriage contract. However, the main reason bro-ught forth by the proponents of these ideas is the consensus on voidance. The first group believes that the consensus includes the option of conditions and the contract, and the second group limits it to the option of conditions. This research shows that all of the reasons of above-mentioned ideas have problems and it is unable to prove the voidance of the marriage contract and even the option of conditions; in other words, both the marriage contract and the option of conditions are valid.