نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Temporary marriage is one of the forms of marriage established in Islamic law. However, since this type of union is not considered legitimate by Sunni Muslims, they have proposed misyar marriage as an alternative. From the viewpoint of contemporary Sunni jurists and legal scholars, misyar marriage is a permanent union initiated through an offer and acceptance by the spouses or their representatives in the presence of qualified witnesses. It involves an agreement on a specified dowry and a mutual understanding to forgo certain marital rights, thereby making intimate relations between the spouses lawful. the wife willingly relinquishes some of her conjugal rights, such as the right to financial support, housing, and cohabitation. In return, the husband also waives some of his rights, including control over the wife's activities like leaving the house, pursuing employment or education.
Given that Shia jurisprudence has accepted temporary marriage and has used Quranic verses and traditions to prove that this ruling has not been abrogated, there is no need to adopt misyar marriage in Imami Shia jurisprudence, even though some jurists have issued fatwas permitting it under specific conditions.
Considering the practical adoption of this ruling by a segment of the Sunni community on one hand, and its effects and benefits on the other, it is necessary to examine the legitimacy of this marriage in comparison to the conditions and requirements of temporary marriage.In this research analysed potential issues, and propose corrective measures regarding the laws of Islamic countries in this regard
کلیدواژهها English