جستجوی مقالات مرتبط با کلیدواژه « دیدگاه امام خمینی (ره) » در نشریات گروه « فقه و حقوق »

Mu’atati marriage is one of the challenging and important issues in family jurisprudence. Some jurists, accepting the point that words are not relevant in the fulfillment of demand and acceptance, have claimed the validity of the marriage of mu’atati, but most jurists believe that such a marriage contract (Aqd) is not valid, which was stated by Imam Khomeini. It seems that despite the verses and hadiths, the consensus and the sirah (lifestyle) of Muslims, the view of most jurists is more valid. From the point of view of Imam Khomeini, the requirement of the principle of Mu’atat in every marriage and Iqaa (Those pronouncements which do not require participation of two parties) is that its composition should be turned into the deed. Because the deed, like the word, is a means of valid creation and iqaa. As a result, in this article, the jurisprudential explanation of marriage without a verbal contract (mu’atati) was dealt with from the point of view of Imam Khomeini. For this purpose, the validity of mu’atati marriage has been analyzed by descriptive analytical method and in line with the investigation of this issue, taking into account the views of Imam Khomeini and other jurists.

Childbearing has been and continues to be a socially beneficial institution in all societies. In pre-Islamic Iran, adoption has also taken place. However, adoption in Islam has become obsolete, meaning that you can not have another son, your son, and all the works of the real child. On this reason, the civil law does not put childhood in any of the relative affiliations. The special law on this vocabulary has used the term "guardianship" and has sought to adapt the rules of custody to Islamic principles. Following the same compliance with Islamic law, the legislator allowed marriage to a child of the same or the person under guardianship. In the opinion of contemporary jurisprudents including Imam Khomeini, adoptive marriages with the guardian or their descendants have been accepted under conditions. It seems that the purpose of such marriage is not permanent marriage, but temporary marriage, which is only due to the confidentiality of the parties and the possibility of performing other works of marriage as close as possible.