Critique and analysis of the jurisprudential principles of the legitimacy of various types of customary marriage in Sunni jurisprudence

Subject Areas :

عبدالله باقری ورزنه ¹ , sedigheh hatami ²

1 - دانش آموخته دکتری
2 - دکتری فقه و مبانی حقوق اسلامی از دانشگاه فردوسی

Received: 2020-10-19 Accepted : 2020-10-19 Published : 2020-10-19

Keywords: customary marriage, types of customary marriage, legitimacy of customary marriage, official registration, pillars and conditions of marriage validity,

Abstract :

AbstractCustomary marriage is one of the emerging and unusual marriages that has emerged among the Sunni sect. The distinctive feature of customary marriage is the lack of official registration in the marriage and divorce offices. On the one hand, this type of marriage has provided the ground for many social, legal and psychological problems of couples and society. Demands. Sunni jurists have considered some to believe in the validity of this type of marriage in all its forms, while others have considered it to be related in different types according to the elements and conditions of the validity of marriage; Therefore, the present article in a descriptive-analytical researc