نوع مقاله : مقاله پژوهشی
نویسندگان
1 طلبه سطح چهار رشته فقه خانواده مدرسه عالی تخصصی فاطمه الزهرا( سلام الله علیها) سمنان
2 دانشیار گروه فقه و مبانی حقوق اسلامی دانشگاه آزاد اسلامی واحد سمنان
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Abstract
In most jurisprudential debates, the permission of the guardian for the marriage of a virgin mature girl has been raised without distinguishing between permanent and temporary marriage. By referring to the hadiths, which is the main reason for the disagreement of the jurists, it becomes clear that these hadiths are divided into five categories, and from their totality, it can be understood that the best verdict is the belief in dual permission. That is, the father has the authority to permit, but he must marry her with the consent of the daughter; It means that none of them have independence in concluding the marriage contract, but the contract is based on the permission of both. The question that is raised in this context is whether limiting the enjoyment scope of a virgin girl will have an effect on the removal of the permission of the guardian. Some believe that if the temporary marriage is not for the purpose of sexual intercourse and removing virginity, the guardian's permission is not valid and the daughter can independently enter into such a marriage, and the guardian's permission will be revoked on the condition of limiting enjoyment. At first, this theory may seem correct; Therefore, considering the popularity of temporary marriage in society and the importance of dealing with this issue, this article analyzed its feasibility with the descriptive-analytical method and by examining the reasons and documents, it came to the conclusion that those who believe in this theory have relied on traditions which are either weak in terms of documentation or incomplete in terms of signification; Therefore, this theory is not correct and the permission will not be removed in this assumption either.
کلیدواژهها [English]
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