Considering the couple as a client in hadiths about marriage and its consequences according to the opinions of Imami jurists

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Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:

There are different interpretations of Shia hadiths about marriage and couple. In some hadiths, marriage is interpreted as sale and the couple is considered as a customer.This article is prepared with the aim of analyzing the implications of seven hadiths about considering the couple  as a customer and its consequences in the opinion of Imami  jurists, regardless of the strength or weakness of the chain of transmission. The two main questions are as follows: Has considering the couple  as a customer  in the Shia hadiths influenced the opinions of Imami  jurists? Is the application  of the word "customer" for a couple in the phrase "He perchase her for the highest price"   a real application? In a descriptive and analytical research, the author has found these answers that the early emergence of hadiths suggests that  the marriage contract should be an exchange and  the couple should be a customer.This apparent indication has influenced some opinions of jurists, and has resulted in jurisprudential issues such as: the permissibility of man's  looking  in proposing ceremony, the right to imprison the wife, etc.  According to the author, marriage is not a sale, and the husband is not a real customer, and the financial obligations of the couple, such as dowry, are a secondary aspect of the marriage contract, and comments such as " He perchase her for the highest price " and "hired as  amother" and "because the woman is the seller of soul"  in the hadiths are  metaphors.

Language:
Persian
Published:
Islamic Jurisprudence & Its Principles, Volume:54 Issue: 131, 2023
Pages:
29 to 54
https://magiran.com/p2546320