جستجوی مقالات مرتبط با کلیدواژه « عضل » در نشریات گروه « فقه و حقوق »

To prevent the consequences of inexperience and prevalence of fervor resulting from emotions and sentiments in a young girl who is unfamiliar with marital affairs, the legislator has deemed as necessary the permission [for marriage] by the girl’s father as the most compassionate person in recognition of her interests. However, this is a controversial issue in jurisprudence. The father and paternal grandfather have no authority over the marriage of the grown-up female who is divorced or non-virgin (thayyiba); but there are some views in case she is a grown-up virgin.All the jurists who regard the guardian (walī)’s permission in marriage of the virgin girl as valid go on to say that the guardian’s permission is valid only if the guardian does not refrain from giving permission without an excused reason. However, if the guardian refuses to give permission despite the existence of a competent suitor and the girl’s willingness, in that case the validity of his permission is voided. Nevertheless, if the guardian prohibits the girl from getting married to someone incompatible or equal to her (in marriage), this prohibition is called ‘aḍl. In this paper, following the conceptology of the terms and through a comparative study of the Imāmī and Sunni schools, we will examine the term ‘aḍl as the most important instance of the lapse of authority (wilāya) of the guardian in the marriage of a grown-up virgin. In conclusion, we will critically review the viewpoint of the Iranian law in this respect.

Guardian's permission on girl's marriage is one of the controversial issues in society. The presents article studies the various theological and legal views regarding guardian's permission on girl's marriage and the extend of rights Islam has given to girlsto choose their husbands.According to Islamic civil laws, the Jurists and Islamic scholars consider girl's consent as well as guardian's permission essential for the marriage of mature virgin girls.In wide perspective responding to such questions in a modern society can help shatter the illusions. There are some cases that guardian did not agree with the marriage of the girl with her suitable mate. Such cases made the situation worse from the bad.The present article also studies the views of the jurists and theologians who believe that the Guardian and the girl's consent which has been ratified by the law makers are essential, It also clarifies the verdict of the law makers which still considers Guardian's permission a condition on the marriage contract that ha been signed without the father's permission, whereas the contemporary Islamic scholars consider the above mentionedmarriage valid. On the other hand the view point of the law makers who believethat such permission is necessary to keep law and order in society, should not be ignored0.