A Comparative analysis of the verse "Estemtah" from Fazel Moghdad and AbuBakr Jasas,s Viewpoint

Subject Areas :

Said taha hassan najid ¹ , Ahmad Reza Rafiee ² , Javad Paw Pour ³

1 - ph.D student of jurispurdence and Islamic law, Khorasgan, Isfahan, Iran
2 - Associate Professor, Department of Jurisprudence and Islamic Law, Islamic Azad University, Khodrazgan Branch, Isfahan, Iran
3 - Associate Professor, Department of Jurisprudence and Islamic Law, Islamic Azad University, Khodrazgan Branch, Associate Professor, Department of Jurisprudence and Islamic Law, Islamic Azad University, Khodrazgan Branch, Isfahan, Iran, Iran

Received: 2019-07-30 Accepted : 2019-12-04 Published : 2020-11-21

Keywords: Fazel Moghadad, Abu Bakr Jasas, marriage marriage, Abaha, Naskh,

Abstract :

AbstractImamiyyah jurists and scholars, including Fazel Muqdad, referring to the book, the tradition and the consensus of divorced marriage as one of the right types of marriage and fatwa of its legitimacy, and have considered the divine injunctions as permanent marriage, although this type of marriage works in terms of rights. Permanent marriage is different. But in terms of sentences, permanent marriage is no different than in terms of "knowing the term". In this type of marriage, a free and full-fledged woman, with her consent, is married to a man who has no obstacle (causation, relative, consent, etc.) to the marriage in which the marriage is mentioned and the duration of the child; It is legal and legal, and when it is time for couples to divorce without the need for a divorce, they keep their wives. But in contrast to Sunni jurists and scholars, including Abu Bakr Jassas, referring to the Book, Sunnah and Reason, they believe that the Prophet Muhammad (peace be upon him) and the legitimacy of the marriage were abrogated and explicitly issued by the second caliph fatwa to the Prophet (s). The punishment of the perpetrators was an emphasis on the Prophet's command, so they did not consider the marriage of the Prophet to be void, permissible and valid, and issued fatwas on its nullity and forbiddenness. The Sunnah and the consensus of the Sunni jurisprudents consider it a clear reason for the decree of the Prophet.