The Applicability of La Osr-Haraj (No Hardship Rules) in Family Law

The source of rules related to "la osr-hajar" (no hardship rules) are originated from Theological documents which have been taken from different verses and sayings. The above mentioned rules are based on the opinions of Theologians, as well as article 1130 of the civil law which is a manifestation of their opinions. In this article some examples regarding the applicability of the above mentioned rules in family law and which measures have been taken by legistlature have been discussed. There are two kinds of "osr-haraj" (no hardship rules) one is like infertility which is the consequence of an abnormality and others are due to the external factors like long term imprisonment of the spouse and abandonment of the family which are considered crimes and make women to suffer. Therefore "la osr-hajar" rules should be implemented to prevent hardships. The question arises whether the above mentioned rules are implemented because of abnormalities or other factors listed above affects decision making. In other words which one of these factors Affect the verdict of the court. In another part of this article various examples of hardship such as abortion which was allowed and considered only on condition that the embryo's existence would put the mother's health in jeapordy, is also studied.