نوع مقاله : مقاله پژوهشی
نویسندگان
1 دکتری تخصیصی و استاد سطوع عالی حوزه
2 سطح چهار حوزه و مدرس سطوح عالی حوزه
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
One of the rules in the marriage contract for a girl is the permission of the guardian, however, in some cases the permission of the guardian is nullified, such as loss of virginity and intercourse; one of the questions in this regard is whether intercourse from the buttocks, which is interpreted as intercourse and an unconventional relationship, is also nullified or not?From a legal perspective, conventional intercourse (pre-marriage) certainly has an impact on the issue of permission to marry a virgin girl - which is one of the important issues in the field of family law - but this issue of unconventional intercourse in the loss of the guardian's permission has not been examined. Given the prevalence of this issue, especially in the courts, it is necessary to examine this issue.On the other hand, in the Civil Code, Article 1043, the criterion for this issue is not explained and explained, and its determination is left to custom or Sharia; in Imami jurisprudence, there are four bases in this regard, the application of which to the aforementioned case is different. In this study, using a descriptive-analytical method, the principles of Imami jurisprudence on unconventional marriage are examined, and based on all the principles, it can be said that the guardian's permission is not revoked.
Keywords: Jurisprudence, unconventional marriage, permission, guardian, marriage
کلیدواژهها [English]