Permenant Forbidance and Its Examples in Iranian and Egyptian Law with Jurisprudence Approach

Subject Areas : All jurisprudential issues

Zari Zamani ¹ , Sayyid Abu al- Qasem Naqibi ²

1 - M.A. Student of Hadith Sciences University, Course of Jurisprudence and Law, Tehran, Iran
2 - Associate Prof. of Shahid Motahari University, Department of Jurisprudence and Private Law, Tehran, Iran

Received: 2014-10-15 Accepted : 2014-10-15 Published : 2012-03-20

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Abstract :

Permenant prohibition (Hurmat) of marriage is one of Islamicinstructions that the jurists have mentioned it as "causes ofprohibition" in their books and by which it is forbidden to marryparticular people for ever. In this case, laws of some Islamiccountries follow lawful commandments. By following ImamiehFegh (Imamieh jurisprudence) Iranian legislator have mentionedinstances of permenant prohibition of marriage with the title of"impediments to marriage". In this text, permanent impediments ofmarriage in Irania law (with a glance at ruling Fegh on Iranian law)in comparison to the law of Egypt has been studied. According tothe findings of this research, permenant prohibition of marriageenjoys a special position in the order of family rights because itplays a vital role in protecting families from collapse, keeping Traditions and on the other hand criticizing the pros’ proofsspecially through proving the correct ness of Dimān malām yajib, Ithas been endeavoured to define a criterion on strength of which canseek aremedy the diversity in other different extensions by makingclear precisely this kind of liability.