جستجوی مقالات مرتبط با کلیدواژه "temporary marriage" در نشریات گروه "علوم انسانی"

A notable ruling within the Shia tradition is the acceptance of temporary marriage, known as "Mut'ah." The Kutub al-Arba‘a, (the four primary Shia hadith collections) contain around 137 narrations (excluding duplicates/ repetitions) that support the validity of Mut'ah, referencing verse 24 of Surah An-Nisa and detailing fifteen legal stipulations related to it. However, there are 11 disputed narrations that reflect two opposing perspectives from the infallible Imams (AS): one that encourages and another that discourages the practice of Mut'ah. Among these, five narrations advocate for it, while another five advise against it, and one narration outright prohibits it. These conflicting accounts have historically led to debates, prompting some scholars to classify temporary marriage as makruh (discouraged) under certain conditions, which has created significant confusion for many individuals. This research seeks to elucidate the position of the infallible Imams (PBUH) on Mut'ah by thoroughly examining these specific narrations from the Kutub al-Arba‘a. The analysis is divided into two segments: Isnad (chain of transmission) analysis, which scrutinizes the reliability of the narrators, the integrity of the transmission chains, and the trustworthiness of the sources; and Matn (content) analysis, which evaluates the textual coherence of the narrations using recognized hadith criticism techniques. The results indicate that, despite the weaknesses found in both isnad and matn among the narrations that support and oppose Mut'ah, a general framework for its permissibility can be established. This framework delineates the conditions under which Mut'ah is permissible and those under which it is not. A structural analysis of these narrations suggests that the Imams (AS) were providing a coherent framework regarding this matter.

Paying attention to the role of custom and the requirements of time in issuing non-religious decrees can provide the grounds for the researchers of Islamic sciences. Despite conducting numerous researches on "temporary marriage" and the efforts made to analyze its jurisprudential, theological and social dimensions, it seems that the basis for issuing these decrees has not been investigated as it should be. However, since the first years of Hijri, the decrees of temporary marriage have been disputed by the issuers of decrees and are among the most challenging issues among the ordinaries and Imami religions. The present article, done through the  descriptive method, tries to illustrate the process and mechanism of issuing these decrees in the era of the Prophet (PBUH), Caliphs and Imams (PBUH). The results of the research clarify the serious effect of the common rules among the people, as well as the political and social conditions of the era of the Imamate (A.S) in issuing obligatory and preferential decrees on temporary marriage.

In Imamate jurisprudence, temporary marriage is a jurisprudentially legitimate agreement with its expediencies, benefits, terms and conditions, and consequences, including the fact that the male party is not required to meet the financial and emotional needs of the female party. A lack of codified explanation of the limits on permissibility of temporary marriage has led to the possibility for playing upon the agreement’s absolute jurisprudential legitimacy, which in turn has engendered some negative publicity. It is why various Islamic and non-Islamic countries and organizations such as the Organization of Islamic Culture and Communication has called for determination of the boundaries of temporary marriage. Using the analytic-descriptive method, this study tries to examine the possibility of providing criteria for giving or refusing to give permission for temporary marriage based on the indicators of Islamic lifestyle; and through collecting data with the documentary research method, it has delineated the areas where, and the criteria according to which, temporary marriage is in or out of line with Islamic lifestyle. The findings show that temporary marriage cannot be given an unlimited permission, but can be codified in accordance with indicators of Islamic lifestyle, and in cases where the indicators do not allow temporary marriage, there needs to be restrictions on the permission. As a result, given the terms and conditions, criteria, and variation of the permissibility of temporary marriage, the laws and consequently the culture of Islamic society ought to be modified to get the function of temporary marriage fulfilled.

Temporary marriage is one of the most controversial topics among Muslims, about its permissibility. Even though some sects, according to their accepted hadiths, consider it haram and some others consider it halal, there is no serious difference between them, in terms of its Qur’anic permission; and by shia, and many of sunni commentators, the phrase “فما استمتعتم به منهن فآتوهن اجورهن فریضه” in the verse 24 of surah an-Nisa is considered as a permit for temporary marriage in the Quran. In this article, assuming the Qur’an as a coherent and exact text, by examining the verses on paying remuneration we show the phrase, which is taken to be the only Qur’anic permit for temporary marriage, does not imply that; and it just expresses a law in permanent marriage. Then, the Qur’anic reasons of commentators on the legitimacy of temporary marriage, as well as the flaws that they have taken to the ideas like the writer’s is extracted from research articles and books, and then answered to them. The conclusion is that if Qur’an is considered as a text, no license can be found for any non-permanent marriage, whether temporary marriage, white marriage, misyar or any other name and definition. In the Qur’an, sexual intercourse is allowed only in case of permanent marriage which is mentioned by the word “نکاح”, everywhere.

One of the manifestations of guardianship over a child is the execution of the marriage contract. Sometimes this marriage takes place for a short period of time and only for the privacy of a third party with one of the spouses. Due to the lack of intention to marry between the parties, as well as the possibility of not enjoying the child, as well as considering the theory of requirement of expediency, the temporary marriage of the child is a challenge. Some of them are as follows: Is such a marriage valid in terms of not intending marriage between the child and the other party? In terms of the purpose of enjoying a temporary marriage and the child's lack of ability to do so, is it correct to have a temporary marriage on a child with a limited term? Assuming that the answers are positive, can the excuse of privacy of the third party and one of the convicted persons provide the expediency? In this condition, to whom is the expediency determined, the child or his family? According to the fact that one or both of the spouses have a child, what is the criterion of expediency and who is the authority for determining expediency? Accordingly, the current research was conducted with the aim of investigating the validity or invalidity of child marriage with the intention of privacy of the third party and one of the marriage parties and answering the challenge in an analytical-documentary way. The data were collected and analyzed by following the sources, evidences and opinions of Imami jurists. The results showed that the authenticity of this marriage is problematic due to the lack of intention to marry and also according to the opinion of those jurists who consider the nature of temporary marriage to be only for enjoyment. Regarding the expediency and its consequences, the wisdom of the guardianship, the rational and legitimate way and the available narrative evidences indicate the centrality of the interest of ward and the focus on the protection of his/her interest, and the guardian is in charge of diagnosing it, taking into account the child's condition. Respecting the interest of the child in the marriage contract that is executed with this purpose and always faces crucial challenges, while the validity of the contract depends on the interest of the child.

The jurisprudential analysis of the stand of the husband’s permission for his temporary wife to perform the recommended Hajj pilgrimage is the primary issue in this article. Understanding the fundamental principles of the imperative ruling and the positive ruling is essential to understanding this issue. The fundamental principles governing the issue are the principle of the authenticity of non-liability in the imperative ruling and the principle of the authenticity of correctness in the positive ruling, but there are some specificities and generalizations regarding these principles; for instance, the specificity of the narratives regarding the necessity of the husband’s consent for his wife in performing the recommended Hajj, the specificity of the prohibition of Idha, the specificity of the prohibition of leaving home, the specificity of the wife’s duty of submission to her husband, the general binding rules regarding contracts and lease, and the generality of non-offense. The most significant restriction of these specificities is the verbal analogy, indicating that the ruling on the necessity of obedience and the permission for leaving home is specific to a permanent marriage, not an absolute, and that general necessity based on marriage is not applicable in all situations. According to the findings of this research, carried out using software and library sources, the husband must provide his consent if his wife’s Hajj pilgrimage interferes with his rights. Accordingly, the decision on the issue is based on the situation and by the use of the set of proofs.

The realities of social life show that the conditions for forming a permanent joint life are not always provided for all people. In addition, despite having a permanent wife, a man may not be able to satisfactorily satisfy his sexual needs due to some obstacles. Another issue is the existence of women who have not been able to satisfy their sexual needs through permanent marriage due to divorce, the death of their husbands, or the absence of a permanent marriage. Islamic jurisprudence system has suggested temporary marriage as the best alternative to solve such problems. Some of the opponents of temporary marriage consider it to be synonymous with adultery and incompatible with the dignity of a woman, and therefore have preferred free relationships based on the love of a man and a woman (white marriage) over temporary marriage. In the current research, relying on legal and psychological issues, we have shown that, firstly, temporary marriage has a completely different identity from adultery, and secondly, due to the existence of many wisdoms, it is superior to free relationships between men and women (friendship and friendship between boys and girls). The method of this research was descriptive-analytical and data collection was done by library method.

The legal nature of granting duration in temporary marriage is not very clear, while it has many scientific and practical effects. Therefore, the nature of granting duration, as a legal act, is an issue that needs to be investigated until reaching a suitable answer. In Imami jurisprudence and Iranian law, while there is a consensus on the legality of granting duration, there is no common opinion about its nature. One point of view considers the granting duration as a contract (gift, compromise, or charity) and another point of view considers it as a unilateral obligation (waiver or unilateral compromise). This is because, in fact, the termination of the time is the right that the husband has over the wife for the rest of the specified period in the temporary marriage. After explaining each of the mentioned points of view and examining the existing arguments, this research studied and criticized them in the light of describing and analyzing jurisprudential and legal propositions. Finally, it defended the idea that the nature of granting duration is termination and considered it to be consistent with the appearance of the texts.

Marriage has a special place in Zoroastrianism and Islam (Twelver Shiism). One of the types of marriage is temporary marriage. There is evidence of temporary marriage in the Zoroastrian tradition of the late Sassanid period, a marriage that can be compared to muta‘a or temporary marriage in Islam. This research, based on the documents available in Zoroastrian texts and the studies of orientalists, first deals with the existence of temporary marriage, its types, and the rights and duties of women in the Zoroastrian tradition, and then examines the same issue from the perspective of Islam and shows similarities and differences. It seems that temporary marriage in Zoroastrianism and Islam has a lot of similarities, although sometimes there are fundamental differences in the goals and conditions. Considering the traces of this type of marriage in ancient Iran, the Zoroastrian tradition, and the ignorant Arabs, we can understand that temporary marriage is not one of the founding rules of Islam. After criticism and praise, Islam has confirmed the temporary marriage in a way that justice is established for the couple and each of them achieves his/her desired benefits.

There is no doubt about the legitimacy of temporary marriage in Shiite jurisprudence. This kind of marriage is recognized in Iran’s civil law and family support law, and some of its ruls is indicated. But there are some ambiguities about some of the issues such as the juridical effects of the wife's disobedience. Disobedience of wife in permanent marriage could lead to loss of alimony right entitled to her but in temporary marriage wife not entitled to alimony right. So, the important question is proposed here: what is the effect of a wife’s disobedience on her rights, and in other words, what is the executive guarantee of the husband’s right to submission in temporary marriage? There is no commentary about this issue in Civil Law, while this issue is important and should be investigated. In this paper, this issue is studied through descriptive and analytical methods from a jurisprudential perspective. The findings of the study are shown that if the divorced wife refuses to obey without a valid excuse, her disobedience would be fulfilled. On other hand, disobedience of the wife in temporary marriage leads to nulling her right of marriage portion or dowry, and the husband could deduct from the dowry considering proportion to the period of disobedience, and if the husband had paid the full dowry, he should demand its return in the same proportion through the court

In Islam, marriage can be categorized into two groups: temporary (Nikah mut'ah) and permanent. The former was ubiquitous during the Qajar dynasty, always existing in Iranian history and continued when the Qajar dynasty ruled over Iran. Generally speaking, it may be noted that temporary marriage was established in the history of Iran. Depending on various social conditions such as insecurity, famine, economic crises, or peace and quiet and improved economic situations, this type of marriage probably had various functions under different circumstances and historical periods, however. Based on this, the main question of this research is that what were the social functions of temporary marriage seen in marriage contracts during the Qajar dynasty? That is, why did temporary marriage occur during this period? The major claim is that the practice of temporary marriage stemmed from different reasons including to sexual appeal, earning income and addressing women’s basic needs, taking religious tips, female infertility, escaping everyday life, learning marriage etiquettes, the instrumental view of a man toward a woman as an ornament of the house, prosperous men’s efforts on keeping up with the Joneses, females’ contributions in agriculture, and political and economic interests.

The phenomenon of prostitution is one of the issues that, despite a history as old as humanity, is still raised as one of the problems of human societies at the level of the international system, and Iran is not an exception to this general rule. According to the ideological approach of the governing and political system in Iran, this social harm is in the center of attention and is considered an anti-value matter and therefore against the law. The spread of criminological and sociological harms such as the brokering phenomenon called "Khaleh" and the inverted presentation of the Sharia laws of "temporary concubine" in the direction of economic and financial exchange as a Sharia and legal cover for the non-codified industry of prostitution formed in Iran in the form of cyberspace and Some other injuries are the bad effects of this case In this article, we are looking for the question that what are the most important sociological and criminological factors that cause the spread of the sinister phenomenon of prostitution in societies? With a descriptive and at the same time analytical approach, using the method of collecting information in the form of documents, we are seeking to find a suitable answer for this question. The findings show that the phenomenon of prostitution, which is equivalent to the rule of "famous adultery" from the point of view of religious teachings and Islamic criminology, especially in Iran, is getting closer to the border of pandemic.

Temporary marriage is one of the specific contracts of Shiite jurisprudence, which in some rulings differs from permanent marriage, including the issue of inheritance of couples. Accordingly, the main question that the present study tries to give a descriptive-analytical answer to is, "Do couples inherit from each other in a temporary marriage?". According to research, while there is no difference among Imami jurists regarding the inheritance of couples from each other, there is disagreement about the inheritance of couples from each other in temporary marriage, and some believe in the absolute permission of inheritance and in contrast to another group, it is believed that the nature of temporary marriage is not appropriate for inheritance. In the meantime, a third group of jurists has presented a detailed theory and, by considering the principle of inheritance or non-inheritance, has added to the existing differences regarding the ruling of the mentioned subject. In the present study, while explaining the opinion of Imami jurists and analyzing the available evidence, the well-known view that there is a "principle of non-inheritance unless the condition of inheritance" has been strengthened.

One of the distinctive issues of Shia is Nikāh al-Mut’ah or temporary marriage. There are one hundred thirty seven narratives in Shia sources in which directly deal with the issue and present it in detail as well as its legal rules and conditions. Mut’ah, its legal allowance, and conditions are a sensitive area of disagreement in Muslim societies. Thus, we seek to explore the issue in Shia narratives through the content analysis method. In this regard, first, we recognize and extract twenty related titles and three hundred forty one subtitles of the issue mentioned in the narratives, and then we classify the data into three topics of Holiiat (allowance), legal conditions, and Hormat (prohibition) and analyze them qualitatively. The findings indicate that the legal allowance of al-Mut’ah is reflected directly or indirectly in narratives with high plenty of 97%. In addition, we interpret the narratives that forbid the Nikāh or fail to understand the rules of Nikāh in a way that avoids any misrepresentation of Islam.

One of the essential components in the issuance of social judgments is the element of expediency, so that if the expediency and changes of society are changed by considering internal and external characteristics or conditions and restrictions; Its provisions also change forcibly. The issue of limiting and developing the jurisprudential rules of temporary marriage due to social necessity and expediency is one of the examples that can be considered in this area, because this type of marriage can reduce sexual insecurity and play an important role in reducing social harm. On the other hand, it may weaken and disintegrate the foundation of the family. In general we can say; Temporary marriage, provided it is not abused, can meet some of the social needs and reduce sexual insecurity, illicit relationships and social harms, including prostitution, but in situations where this marriage harms the permanent marriage and the foundation of the family, or in the interest of society. If not, it is necessary to restrict and draft laws and regulations in accordance with these conditions.

There are clear differences among the jurists about the right to alimony of a separated pregnant wife. Many jurists, whose views are more popular, consider the separated wife to be inherently deprived of the right to alimony, citing the rule that "there is no alimony for a temporary wife". In contrast, Sheikh Tusi and his followers hold the second view and believe that it is obligatory to pay alimony to the separated pregnant wife. Under the article 1113 of the Civil Code of Iran that follows the first view of the jurists, the payment of alimony to a pregnant temporary wife becomes obligatory where the parties have set out a condition at the time of concluding the contract of mut'ah. Using a descriptive-analytical method and after reviewing each point of view along with the presented documents, the author evaluates that if it is proved by evidence that the alimony should be given to a separated pregnant wife there is no contradiction with the ruling of Imamiyyah jurists that the separated wife has no right to get alimony. It is because of the fact that it is obligatory for the husband to pay alimony whether the separated wife has the right to get the alimony or not. In addition to the weakness of the first argument, the ruling of the necessity of alimony is proved in two ways: First, by taking the opposite meaning from the verse 6 of the Surah Al-talaq which considers the description of pregnancy as the exclusive cause for proving alimony and indicates the need to pay alimony. Second, through the "originality of alimony of pregnancy" in which case the ruling of the necessity of alimony, based on the general evidence of alimony for close relatives, has more implication on lineage alimony.

Familiarity with the Muslim scholars’ viewpoints is the prerequisite of all kinds of judgment about the perspective of Islam on women. One of the influential scholars in the discussions of women is Shaykh al-Ḥurr al-‘Āmilī, to the extent that some of the problems of the women are deemed a bequest from this Akhbārī scholar. It is attempted in the present writing to study the hadith-oriented viewpoints of Shaykh al-Ḥurr al-‘Āmilī in the issue of women and investigate its effects on this issue. By analyzing the hadith-oriented opinions of Shaykh al-Ḥurr al-‘Āmilī in the matter of the women and by comparing his views with those of his predecessors we conclude that the increase of the number of traditions in his books, the arrangement type of traditions, the classification type of traditions and the commentary on the traditions have remarkably affected the issues of the women. These changes can be seen especially when such problems as: male domination, women being confined in their home, encouragement for temporary marriage (mut‘ah) and polygamy are exacerbated.

Sexual instinct is one of the most natural human instincts to regenerate the generation and God, while designing the religion of Islam, has prepared a comprehensive program named" marriage" to respond this natural human need. The Iranian legal system, based on Islamic regulations, introduces permanent marriage as the main solution to this problem, and in situations where it is not possible to achieve, it proposes temporary marriage and sets precise criteria for it. The British legal system was initially considered marriage as the main way to respond this need, but in recent decades, various entities- such as white marriage, common law marriage and cohabitation - have formed in Western societies and changed the initial direction of responding to this need. Due to the expansion of communication in the present era, the Iranian society is not been immune from the effects of these entities and has been faced some problems. The present article based on descriptive and analytical methods and by collecting library resources, with a comparative approach to Iranian and British law, explain the nature and characteristics of each of the alternative entities of permanent marriage in these two systems; The result shows that among the above institutions, temporary marriage has more advantages and can be a suitable alternative to permanent marriage when necessary.

Although there was a consensus on the permission of temporary marriage the beginning of Islam, Sunni jurisprudence, believing the prohibition of it by the Qur'an, the Prophet and the emphasis of the second caliph on it, is considered an illegitimate marriage. However, since the issuance of this sanction by the Qur'an and the Holy Prophet is doubtful, but the very issuance of the sanction by the second caliph is certain and agreed upon by the two sects, order to examine the principles of the sanction and contrary to Sunni scholars, expediency is very reliable and the sanctions imposed will not be valid for any time and place. Thus, the theory of absolute boycott of intermittent marriage will be incorrect. Imami jurisprudence, the analysis of this marriage is based on the definite precedent of its ablution, the validity of the sanctity of the sanction, and finally the advice of the Imams to perform it, and thus the removal of doubt in the sanction and the certainty of its immorality. However, contrary to the ruling attributed to Imami jurisprudence, is absolutely absurd, but it does not have this ruling in terms of examining the basics, and according to the requirements of time and place, includes five rules. Thus, terms of analysis and research in basics, and contrary to popular belief, seems that the two parties have a common denominator the absence of absolute sanctions and the absolute absence of this type of marriage. this research, the research method is analytical and descriptive

One of the indisputable principles of Shiite jurists regarding transactions is the compliance of contracts with intent. However, in Shiite jurisprudence, we encounter issues whose appearance is contrary to this rule, and some transactions have been ruled to be done, although they are against the intention of the contractors. Among these issues is the matter of converting a temporary marriage into a permanent marriage if the period is not mentioned due to forgetfulness, modesty or intentional abandonment. Since this is contrary to the rule of compliance of contracts with intent, the question arises as to how, when a person does not have the will to have a permanent marriage, the formula results in a permanent marriage. In this article, we re-read the reasons for converting a temporary marriage into a permanent one and try to say that, the documents and proofs of converting a temporary marriage into a permanent one are not reliable. Moreover, we put forward two new reasons to prove that permanent marriage does not take place. This article uses analytical method.