Juridical Historic Excursion of Temporary Marriage

Subject Areas : All jurisprudential issues

Mohamad  Asdi Mehmandost ¹ (استادیار گروه فقه و حقوق اسلامی، واحد شهر ری، دانشگاه آزاد اسلامی، تهران، ایران)

Received: 2014-10-15 Accepted : 2014-10-15 Published : 2009-03-21

Keywords: Temporary marriage, historic excursion, discontinue, sporadic marriage, Shia, Sonni,

Abstract :

The aim of this paper is to show that sporadic marriage was legal atbeginnings of Islam. Some people consider it as the practice before theIslam which the Islam accepted it and was the sign constitution. However,temporary marriage in all Islamic religious was accepted and was notrelated to just Shi a. Fore example, Ebne Hazm Andelesi (the main juristof Shi a) in jurisprudence of his book which named Almohalla admit thattemporary marriage was accepted at the beginning of Islam. But the sameas other jurisprudence of Sonni he abrogate it and believe that temporarymarriage is not permissible because the God forbid it till the lastjudgment.Shia is not accepting the abrogation of temporary marriage and accredit toconsensus of opinions. Over all, from the agreement and disagreementideas can find that there is some reality in both group but they did notclearly show the nature and practical application of temporary marriage.The author try to demonstrate the temporary marriage which may help thepeople observed it clearly.