Transmission of sanction of matrimony revocation as regards (to) diseases of hepatitis B, syphilis, sarse, acute and chronic herpes simplex

Nowadays, contagious, fatal , incurable or hard of cure diseases like hepatitis B, syphilis, sarse, acute and chronic herpes simplex have broken out all over the world. However less attention has been paid to the legal bases of the diseases. Enquiring into the juridical texts indicates that the well-known viewpoint of Emamieh jurisconsults is restriction on defects sanctioning revocation of matrimony, subsequently not giving sanction to transmission of revocation right to such diseases. According to criticism offered to the reasons of the well-known viewpoint, however, it seems that a more reasonable, fairly and adaptive viewpoint to juridical doctrine is to sanction the transmission of revocation right to the diseases that are more acute and dangerous than the defects stated in the Texts. Since the above diseases are nascent and don’t have any history in the juridical texts and since a dynamic jurisprudence and laws corresponding to bases of Islamic jurisprudence are needed, the theory of sanction of transmission is considerable. I n addition, regarding evidences like narratives, analogy of reasons stated in the text, the priority theorem, the harmless theorem, method and basis of the wise and as the diseases are contagious, incurable or hard