An Analysis and Examination of the View of Imamiyah Jurists about Marriage to an Adulterous Woman (Zāniya) Focusing on Shahid Sadr's Fiqh al-Naẓariya and Fiqh al-Niẓām

The ruling on marriage to an adulterous woman (zāniya) is considered as one of the most controversial and challenging jurisprudential issues. The research question is what is the ruling on marrying an adulteress from the perspective of Imamiyah jurists? Imamiyah jurists have different viewpoints on its legitimacy or illegitimacy. Most jurists consider it permissible to marry an adulteress, and on the contrary, this is ḥarām (forbidden) from the point of view of other jurists. However, those who hold the latter view have different perspectives on whether ḥurmat (being ḥarām) includes only the adulteress, or the known and public adulteress (an adulteress who is known by everyone or commits adultery in public). The present study, which is based on a descriptive-analytical method, indicates that most of views of the jurists who consider marriage to an adulteress to be makrūh (detestable) by combining arguments do not agree with the rules of conflict. The conclusion is that perhaps from the appearance of some narrations, only marrying a famous adulteress can be considered as ḥarām but according to Shahid Sadr's Fiqh al-Naẓariyah and Fiqh al-Niẓām, permanent marriage to an adulteress is ḥarām. Because marriage to an adulteress does not fulfill any of the goals set for marriage and family formation, and in this case, a healthy and righteous family is not formed and corruption is institutionalized in this family.