A Comparative Study on Concubine Marriage in view of Sheikh Toosi and Abu Hanifeh
Subject Areas : All jurisprudential issues
Najme Sharifpoor
1
,
Bemanali Dehghan
2
1 - دانش آموخته کارشناسی ارشد دانشگاه یزد، رشته فقه و مبانی حقوق اسلامی، یزد، ایران
2 - دانشیار دانشگاه یزد، گروه فقه و حقوق، یزد، ایران
Keywords: Concubine marriage, Temporary marriage, Sheikh Toosi, Abu Hanifeh, Legibility, Terminated,
Abstract :
Sheikh Toosi considers concubine marriage appropriate and legit with permissible reasons from Quran and the tradition and states that the consensus Emamieh considers it lawful so he believes that all the laws of the permanent marriage is true for concubine one and says that although it has some differences in lawful sense with permanent marriage, but it has no difference in rules except in the "limited duration" with it. In this type of marriage, man and woman whose marriage is permitted are married and determine their marital dowry and its duration. Child from their marriage is legitimate and legal. By the completion of the marriage time they get separated without divorcing, and she stays single for a preset time after the separation, etc. However, Abu Hanifeh and his disciples believe that the legibility of this type of marriage has been terminated due to some reasons from Quran, traditions, and reason. They have even put it in one line with adultery and prostitution. They believe that the second Caliph has made concubine marriage clearly unlawful, but none of the companions made a protest against that and this shows clearly to everyone that this marriage is unlawful. Some of them make some differences between concubine marriage and temporary marriage.