Analysis of the verdict of adult marriage without guardian's permission in Islamic schools of jurisprudence

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

Undoubtedly, according to the necessity of human social life and survival, generation and reproduction, marriage is essential. Therefore, since the beginning of creation in different nations and villages, special behaviors, customs and laws have been established and have been flowing. Among the discussed issues and scientific criticism is the issue of the marriage of an adult girl and its dependence on the permission of the wife's guardian. This article first examines the concepts of research such as guardianship and its types and degrees from the point of view of Shia and Sunnis, and while expressing the opinions of Shia and Sunni jurists regarding the performance of marriage without the permission of the guardian, it has answered these questions. "1. Is the permission of the guardian a condition for the validity of marriage in adult marriage or not? 2. What are the viewpoints and opinions of the supporters and opponents of the guardian's permission and their arguments? 3. What is the opinion of the commentators regarding the participation of the guardian's permission and mature will in marriage? 4. What is the opinion of the commentators on the details of consent in permanent and temporary marriage?" In this research, it has been stated that some jurists believe in the independence of the opinion of the father and the paternal ancestor in the issue of adult marriage, and some believe in the independence of the mature adult's opinion, and some believe that the opinion of the guardian and the mature adult are shared, each of them have their own reasons, which are explained in detail. It has been stated and also the opinions of the jurists on temporary and permanent marriage have been mentioned with their proofs. In the end, the research has reached the conclusion that Rashideh's proverb has the biggest role in solving this problem; Because it is determined by the means of revision of manat and the clarification of some narrations, the meaning of the necessity of the permission of the guardian in the adult is a directive ruling, and in the case of the marriage of the adult without permission, but with the verification of the growth of the daughter and the existence of the expediency and jealousy of the daughter, this marriage is valid.

Language:
Persian
Published:
Motaleat - e - Taghribi Mazaheb - e - Eslami, Volume:18 Issue: 58, 2023
Pages:
185 to 197
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