Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 673-689 |
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Izadi Fard A A, Shokrian Amiri H, Nazarpour F, Hosseinnejad S M. The Permission of the Guardian in the Marriage of a Girl in the Assumption of Loss of Virginity Due to Adultery with a Critique on the
Unanimous Decision of the Supreme Court. MLJ 2023; 17 (58) :673-689
URL: http://ijmedicallaw.ir/article-1-1702-en.html
URL: http://ijmedicallaw.ir/article-1-1702-en.html
Ali Akbar Izadi Fard1 
, Hossein Shokrian Amiri * 
1, Fateme Nazarpour2 , Seyyed Mojtaba Hosseinnejad3
, Hossein Shokrian Amiri * 1, Fateme Nazarpour2 , Seyyed Mojtaba Hosseinnejad3
1- Department of Fiqh and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Mazandaran University, Mazandaran, Iran
2- Department of Private Law, Faculty of Law, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran.
3- Department of Jurisprudence and Fundamentals of Islamic Law, Judiciary Research Institute, Tehran, Iran.
2- Department of Private Law, Faculty of Law, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran.
3- Department of Jurisprudence and Fundamentals of Islamic Law, Judiciary Research Institute, Tehran, Iran.
Abstract:
Background and Aim: Legislators and a number of jurists have taken into consideration obtaining the consent of the guardian for the marriage of a virgin Rashidah girl; this means that when the girl loses her virginity, the guardianship is also taken away from her. The unanimous ruling dated 1364 of the Supreme Court ruled out the necessity of a guardian's permission for the marriage of a girl in the assumption that the loss of virginity is due to illegitimate marriage. The purpose of this article is to examine the permission of the guardian in the marriage of a girl in the assumption of loss of virginity due to adultery, with a critique of the unanimous decision of the Supreme Court.
Methods: This article is descriptive and analytical and library method is used.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Results: The argument of the consensus opinion is that the legitimacy of penetration before the marriage is not a condition for the validity of the marriage or the condition for the fall of the province, and the penetration absolutely, whether it is legitimate or illegitimate, is the cause of the fall of the province.
Conclusion: The mentioned opinion is based on reasons such as the inexperience of the girl in the presumption of marriage, the compatibility of the necessity of the guardian's permission in marriage with the purposes of the Sharia, the condition of the guardian's permission falling on the removal of virginity through marriage in traditions and the lack of verification of the girl's growth in The assumption of losing virginity through illegitimacy is a place for reflection.
Please cite this article as:
Izadi Fard AA, Shokrian Amiri H, Nazarpour F, Hosseinnejad SM. The Permission of the Guardian in the Marriage of a Girl in the Assumption of Loss of Virginity Due to Adultery with a Critique on the Unanimous Decision of the Supreme Court. Medical Law Journal. 2023; 17(58): e46.
Methods: This article is descriptive and analytical and library method is used.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Results: The argument of the consensus opinion is that the legitimacy of penetration before the marriage is not a condition for the validity of the marriage or the condition for the fall of the province, and the penetration absolutely, whether it is legitimate or illegitimate, is the cause of the fall of the province.
Conclusion: The mentioned opinion is based on reasons such as the inexperience of the girl in the presumption of marriage, the compatibility of the necessity of the guardian's permission in marriage with the purposes of the Sharia, the condition of the guardian's permission falling on the removal of virginity through marriage in traditions and the lack of verification of the girl's growth in The assumption of losing virginity through illegitimacy is a place for reflection.
Please cite this article as:
Izadi Fard AA, Shokrian Amiri H, Nazarpour F, Hosseinnejad SM. The Permission of the Guardian in the Marriage of a Girl in the Assumption of Loss of Virginity Due to Adultery with a Critique on the Unanimous Decision of the Supreme Court. Medical Law Journal. 2023; 17(58): e46.
Type of Study: Original Article |
Received: 2023/08/28 | Accepted: 2023/09/30
Received: 2023/08/28 | Accepted: 2023/09/30
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