AIDS and Dissolution of Marriage in Iranian Law

Continous propagation of AIDS/HIV along with its unpleasant effects and consequences for the global society is one of the most important challenges ahead of scientists of the different fields of medical, ethical and legal. One of the legal challenges which should be studied about AIDS is family law especially what concerns marriage dissolution. Although laws of different countries in the world are looking to strength marriage but if continuity of marriage and marital life leads to dislike and bodily and spiritual damage for them there is no way but dissolving it. One of the factors may renders such a situation is AIDS disease in one of the couple. In one hand considering the characteristics of this disease about the problems of disclosing it and inability to force test taking, and on the other hand, by reason of the main transmission of AIDS through sexual contact what ways there are in Iranian laws for dissolving marriage? It seems that according with the theory of expansion marriage revoking diseases in the Iranian Civil Code to AIDS each of the couple has the right to terminate marriage. In the case when marriage revoking diseases does not include AIDS, the right to divorce could be used, although there is discrimination between man and woman for proving the AIDS disease and the hardship of the marital life.