Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 381-399 |
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Akbari M, Zarei Mahmoudabadi M, Ommi A. A Jurisprudential Reflection on a Child Marriage in the Light of Expediency and Mental Health of the Child in the Current Era. MLJ 2024; 18 (59) :381-399
URL: http://ijmedicallaw.ir/article-1-1807-en.html
URL: http://ijmedicallaw.ir/article-1-1807-en.html
1- Department of Law, Faculty of Humanities, Ayatollah Boroujerdi University, Borujerd, Iran.
2- Department of Fiqh and Fundamentals of Islamic Law, Faculty of of Theology and Islamic Studies, Imam Sadiq University, Tehran, Iran
3- Department of Private Law, South Tehran Branch, Iclamic Azad University, Tehran, Iran
2- Department of Fiqh and Fundamentals of Islamic Law, Faculty of of Theology and Islamic Studies, Imam Sadiq University, Tehran, Iran
3- Department of Private Law, South Tehran Branch, Iclamic Azad University, Tehran, Iran
Abstract:
Background and Aim: At the present time, due to the permission provided for forced guardians to marry children, we are witnessing the issue of child marriage, which causes concern about children's rights and, as a result, causes a difference of opinion among scholars regarding the ruling of Article 1041 B.C. has been The existence of many differences of opinion in this field and the legal effects and consequences and social, mental and psychological damages resulting from it have made research in this field necessary. This research was conducted with the aim of investigating the issue and ruling of child marriage in the current era.
Method: This research has been done using Islamic sources in a descriptive-analytical method and using library and internet sources.
Ethical Considerations: Scientific honesty and trustworthiness have been fully observed throughout the present research.
Results: The meaning of expediency in marrying a child, which is defined in jurisprudence and article 1041 B.C. It is mentioned that it is the absolute and all-round interest of the child in financial, physical, emotional, spiritual and psychological fields. Except in few cases and due to the existence of special personal interest, in many cases, the absolute and all-round interest of children in marriage is not ascertained. According to the scientific and field research conducted in the current era, children face many physical, emotional, mental and psychological problems after marriage.
Conclusion: The findings of the research show that, from a jurisprudential point of view, in the marriage of children, compliance with expediency is preferred over the absence of corruption; Therefore, the basic condition for the validity of children's marriage is to respect the best interest of the child. Also, referring to the scientific research conducted on the issue of child marriage in today's era, taking into account the fear of loss and financial, physical, mental, psychological and emotional damage caused by child marriage, child marriage is facing legal and jurisprudential problems. Based on the "harmless" rule, it is possible to prevent the use of coercive guardianship in the marriage of children. The promotion of child marriage in the society should be prevented with the necessary mechanisms.
Please cite this article as:
Akbari M, Zarei Mahmoudabadi M, Ommi A. A Jurisprudential Reflection on a Child Marriage in the Light of Expediency and Mental Health of the Child in the Current Era. Medical Law Journal. 2024; 18: e27.
Method: This research has been done using Islamic sources in a descriptive-analytical method and using library and internet sources.
Ethical Considerations: Scientific honesty and trustworthiness have been fully observed throughout the present research.
Results: The meaning of expediency in marrying a child, which is defined in jurisprudence and article 1041 B.C. It is mentioned that it is the absolute and all-round interest of the child in financial, physical, emotional, spiritual and psychological fields. Except in few cases and due to the existence of special personal interest, in many cases, the absolute and all-round interest of children in marriage is not ascertained. According to the scientific and field research conducted in the current era, children face many physical, emotional, mental and psychological problems after marriage.
Conclusion: The findings of the research show that, from a jurisprudential point of view, in the marriage of children, compliance with expediency is preferred over the absence of corruption; Therefore, the basic condition for the validity of children's marriage is to respect the best interest of the child. Also, referring to the scientific research conducted on the issue of child marriage in today's era, taking into account the fear of loss and financial, physical, mental, psychological and emotional damage caused by child marriage, child marriage is facing legal and jurisprudential problems. Based on the "harmless" rule, it is possible to prevent the use of coercive guardianship in the marriage of children. The promotion of child marriage in the society should be prevented with the necessary mechanisms.
Please cite this article as:
Akbari M, Zarei Mahmoudabadi M, Ommi A. A Jurisprudential Reflection on a Child Marriage in the Light of Expediency and Mental Health of the Child in the Current Era. Medical Law Journal. 2024; 18: e27.
Type of Study: Original Article |
Received: 2024/04/3 | Accepted: 2024/08/24
Received: 2024/04/3 | Accepted: 2024/08/24
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