Rule of Negation of Qarar in Marriage in the Words of Jurists and Iranian Law

There are two general and specific interpretations regarding the rule of the negation of Qarar. Therefore, three jurisprudential views were constructed on the domain of the rule of negation of Qarar: The first view, identifies the negation of Qarar specific to sale and rent; the second view, regards exchanges as subject to the provisions of the negation of Qarar; the third, view accepts the application of the rule and considers observing the negation of Qarar necessary in all contracts. There is a question considering the foresaid disagreement: Whether Qarar is forbidden from marriage or not? Particularly, considering the nature of marriage there is disagreement on these issues: whether the rules on exchanges are also circulating in marriage or not? Is there a difference between permanent and temporary marriage in terms of the rules of exchanges and the negation of Qarar or not? This article intends to determine the position of the rule of negation of Qarar in marriage, moreover by referring to the legal acts it tries to find out which jurisprudential point of view was accepted by the legislator.