Causes of the Right to Annulment of Marriage in Iranian and Afghan Law

Marriage is a contractual relationship that requires the mutual consent and will of both parties. The purpose of this contract is to establish affection, kindness, and child-rearing. If this contract encounters deficiencies for various reasons, the continuation of the marital life may not be feasible. This study aims to conduct a comparative analysis of the grounds for annulment of marriage in Iran and Afghanistan. The research specifically addresses the grounds for annulment and demonstrates that, according to the jurisprudence of both Shiite and Sunni sects, as well as the legal texts in both countries, there are many similarities and some differences. For instance, similarities in annulment grounds include issues such as lian (a specific type of marital declaration) and insanity of the husband or wife. On the other hand, differences include aspects such as annulment of marriage with foreign nationals under Iranian civil law, which is not recognized under Afghan civil law, among other issues. Examining these and other jurisprudential and legal aspects of the two neighboring Muslim countries facilitates intellectual and cultural exchanges between them, fostering scientific interactions and the optimal utilization of each other’s spiritual assets. This approach aligns with the efforts of Sheikh Shaltut (may Allah have mercy on him), who dedicated much of his life to the rapprochement of Islamic sects and left a significant legacy in this regard. It is hoped that such research will revive this spirit among the people of both lands.