The Effect of Secondary Necessity of Marriage on Elimination of Father’s Permission and Daughter’s Legal Independency

For marriage, as for other issues, there are primary and secondary rules in the Islamic Jurisprudence (Fiqh)In the Islamic Shari‘a, marriage is according to the primary rule “recommended” (mustahabb); under certain conditions, however, it becomes necessary. Among the conditions making marriage necessary is fear of corruption. If one fears or knows that, while being single, is not able to keep her/his piety, it is religiously necessary for her/him to marry. Fear of corruption in this issue is a secondary reason and necessity of marriage, in this situation, is a secondary rule. Even though an individual issue, the secondary necessity of marriage will become a legal one when it is considered with father’s or grandfather’s permission in marriage of virgins. The important point which may be discussed here is as follows: if we accept necessity of marriage for virgins, is father or grandfather able to prevent daughter’s marriage and is their opposition justified or not? This is a widespread issue for girls in the present societies; thus, it is necessary to explicate its rule according to Jurisprudence (Fiqh) and Iran Family Code.