Analyzing the nature of permanent marriage from the perspective of Islamic jurisprudence and Iranian law
Subject Areas : Ethics and Islamic Educationجواد جعفری ندوشن 1 , علی تولایی 2 , سید جعفر هاشمی باجگانی 3
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Abstract :
Analyzing the basis and nature of permanent marriage from a jurisprudential, legal and ethical point of view has scientific and practical importance and fruits. Determining the necessity of the nature of the contract and the effect of the condition contrary to it, the right to imprison the wife, support, alimony, the death of the spouse during the period and the role of the dowry in a permanent marriage depend on the recognition of the nature of this contract However, the civil law or other special laws do not have regulations on the nature of permanent marriage. From the analysis and analysis of jurisprudential and legal opinions and paying attention to the moral and spiritual dimension of permanent marriage, two basic approaches regarding the nature of permanent marriage can be obtained. The first approach considers the nature of permanent marriage to be exchange and the second approach considers its nature to be non-compensatory However, jurists and jurists have also differed in presenting opinions based on these two approaches and have chosen different bases and interpretations. In this article, with analytical-descriptive method, Moral foundations and jurisprudential fatwas and legal doctrines have been described, explained and analyzed in this field, and finally, the theory of Mukhtar or the desired analysis has been presented. The findings of this research will reveal that permanent marriage is a non-reciprocal contract with binding rules and conditions.
