نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Forced marriage is a phenomenon that, despite Islamic jurisprudence's emphasis on the necessity of mutual consent, occurs in some societies based on the parental guardianship authority, particularly that of the father. This research aims to comparatively examine the jurisprudential legitimacy and legal status of forced marriage by parents within the legal systems of Iran and Afghanistan. The findings of this descriptive-analytical study indicate that in Imamiyyah jurisprudence, while the father's guardianship over a minor daughter is consensual, regarding an adult, mature virgin daughter, the principle is based on her independence of will. Prominent jurists such as Imam Khomeini, Khoei, and Sistani consider forced marriage void or non-binding. In Iranian law, Article 1070 of the Civil Code stipulates consent as a condition for the validity of the marriage contract. In Afghanistan, despite the existence of progressive laws such as the Law on Elimination of Violence against Women (EVAW) and Articles 70 and 71 of the Civil Code, following the Taliban's takeover, these laws have ceased to be enforced, and United Nations reports indicate an increase in the rate of forced child marriage. Furthermore, the research results demonstrate that forced marriage of an adult, mature virgin daughter is illegitimate from the perspective of both Imamiyyah and Hanafi jurisprudence, and the claim of the father's absolute guardianship contradicts the texts of the Quran and numerous hadiths. Moreover, mere criminalization within the legal text is insufficient without independent judicial and enforcement structures. Afghanistan's experience also shows that the most important factor in protecting victims is the existence of an accessible judicial system and institutions defending women's rights. Additionally, Iran's legal system requires the strengthening of independent criminal guarantees and preventive protective measures against forced marriage.
کلیدواژهها English