Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

White Marriage from the Point of View of Jurisprudence and Law

Document Type : research

Authors
1 PhD student of Fiqh and Fundamentals of Islamic Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.
2 Assistant Professor, Jurisprudence and Fundamentals of Islamic Law Department, North Tehran Branch, Islamic Azad University, Tehran, Iran.
3 Assistant Professor, Department of Fiqh and Fundamentals of Islamic Law, North Tehran Branch, Islamic Azad University, Tehran, Iran
10.22034/ejs.2025.468522.1877
Abstract
Background and Aim: In Iran, according to the religious and religious culture of the society, and opinions in the field of jurisprudence and law in the Islamic Republic of Iran, it is necessary to examine it. Accordingly, the purpose of this article is to examine white marriage from the perspective of jurisprudence and law.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: There is a difference of opinion among jurists regarding white marriage. The necessity of the guardian's permission in virgin marriage and its lack in white marriage, lack of religious aspect of marriage, the principle of caution are the most important jurisprudential arguments The lack of verbal request and acceptance, the lack of intention of the parties to enter into a marriage contract and the vagueness of the legal nature of this relationship, the impossibility of checking the number of wives or whether the wife is in a marriage, and the lack of determination of the period and dowry are among the most important legal reasons against white marriage from a legal point of view.
Conclusion: Considering the prevalence of white marriage and its negative social consequences, especially in the case of children resulting from these marriages, it is necessary to formulate legal solutions regarding legal issues such as birth certificates, alimony and inheritance of these children.
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