Analysis of Sexual Disorders as a Cause for Seeking Divorce

Abstract

This study aims to analyze sexual disorders as one of the important factors leading to the demand for divorce and annulment of marriage within the legal and jurisprudential system of Iran. Sexual disorders, as one of the influential factors on family relationships, can undermine the foundation of the family and create tensions between spouses. Healthy and reciprocal sexual relations play a crucial role in preserving and strengthening the family structure; however, sexual disorders that lead to one-sided gratification or failure to satisfy the needs of either party may result in the demand for divorce or annulment of marriage. The study, employing a descriptive-analytical approach, investigates jurisprudential sources, legal texts, and the perspectives of legal scholars. The findings indicate that sexual disorders, particularly conditions such as impotence (ʿinan), castration (khisāʾ), and forced sexual relations (jubr) in men, and vaginal tearing (afdhāʾ) and narrowing (qarn) in women, are explicitly mentioned in the Civil Code as grounds for annulment of marriage. Additionally, some unlisted disorders, such as vaginismus and premature ejaculation, may, according to the legal interpretation of certain specialists, lead to the right to annul the marriage or even to divorce. However, the right to annul the marriage is only applicable if the sexual disorder is incurable. Moreover, infertility does not constitute a direct cause for annulment of marriage but may lead to the demand for divorce. The consequences of sexual disorders extend beyond the right to annul the marriage, including the husband’s right to remarry or the cessation of alimony. This research demonstrates that the legislator, based on the principle of non-harm and the support of family stability, has foreseen specific cases for the annulment of marriage.