An analysis of the way of concluding marriage and its legal nature in imami jurisprudence and current laws.
Subject Areas : فصلنامه مطالعات میان رشته ای فقه
narges
heidarzadeh
1
(master,s degree student in the field of private law at Varamin Islamic Azad University)
Shokrollah
Nikvand
2
(Assistant Professor of the Department of Law, VaraminBranch, Islamic Azad University,Tehran , Iran.)
Keywords: conclusion of marriage, ceremonial marriage, unceremonious marriage,
Abstract :
The law of our country in some matters such as marriage are based on jurisprudence and rules. Contrary to the common and customary idea, there are no formalities in Imami jurisprudence for the validity of marriage. The articles of civil law, which are adapted from jurisprudence, consider marriage to be consensual and without formalities. However, the general order of the society requires the government to monitor the relationship of couples by establishing mandatory regulations with special support. The requirement to officially register marriage in some cases and the punishment of imprisonment for violating it is for the same purpose, but failure to comply with these cases does not harm the validity or the marriage contract. This article is prepared in a library style by reviewing, describing and analyzing the opinions of jurists .some writings have mentioned marriage as one of the ceremonial contracts, and sometimes it is believed that for marriage, there must be special words or language or the involvement of a third party .In termes of legal nature, marriage is different from the general rules of contracts. from all works of jurists, it can be concluded that no conditions or formalities are necessary for the conclusion of marriage other general conditions, provided there are no obstacles.
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