A comparative study of guardianship in marriage in Imamiyyah jurisprudence and Iran's law

Subject Areas :

Mohammad Mahdi Masoudi ¹ (...)
hamid jalilian ² (هیات علمی دانشگاه آزاد اسلامی واحد بناب)
zahra masoudi ³ (دانش آموخته کارشناسی ارشد حقوق خصوصی، دانشگاه آزاد اسلامی واحد ابرکوه، ایرکوه، ایران)

Received: 2022-12-10 Accepted : 2023-03-10 Published : 2023-05-22

Keywords: Key words:Guardianship in marriage, Conditions of guardianship in marriage, Parents', permission, assignmentative Parents', permission,

Abstract :

AbstractThe subject of guardianship in marriage is one of the most widely used jurisprudential and legal issues, which despite its importance, its exact boundaries have not been defined in Iranian law, and perhaps part of it was due to serious jurisprudential differences in this field. The origin of these differences is sometimes due to differences in interpretations of narrative texts and sometimes to the basic differences of jurists. This research examines the guardianship in marriage from the point of view of verses and traditions, introduction of the parents of marriage in non-safia and insane and their conditions, the cases of loss of guardianship in marriage and the different time stages of the permission of the guardian in marriage in Imamiyyah jurisprudence and Iranian law, and examining the existing legal gaps. ; He has proposed the issue of mandatory or conditional permission of the guardian in the civil law as a mechanism to overcome the legal disputes and problems ahead.Key words:Guardianship in marriage,Conditions of guardianship in marriage,Parents' permission,assignmentative Parents' permission