فهرست نشریات علمی دسترسی آزاد ایران

Background and Aim: Determining the maximum pregnancy time has various effects and consequences in different branches of jurisprudence, including the attachment of a newborn after the wife’s divorce. If the newborn is born before the maximum gestation period, it will be justified to join the couple, otherwise it will not be possible. A study of the Imamiyyah jurists’ opinions shows that there are three theories regarding the maximum pregnancy time: the theory of nine months, ten months, and one year. Each of them has its own documentation and reasons. The legislator has accepted the theory of ten months in Articles (1158) and (1159) of the Civil Code. This study aims to examine the Imamiyyah jurists’ views regarding the maximum pregnancy time. Materials and Methods: The present study was conducted using a descriptive-analytical method and using original jurisprudential and medical sources, as well as library and documentary sources. Conclusion: Analysis of jurisprudential principles and examination of medical data show that although the maximum duration of pregnancy is nine months in most cases, since this period can last up to a year and it has also occurred, it is necessary to consider one year as the maximum duration of pregnancy and the aforementioned legal articles to be amended on this basis.