A critical analysis of the legitimacy of marrying a minor in order to create privacy

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Ahmadi Nik Seyed Mehdi

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Journal Paper

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Journal: Year:2023 | Volume:55 | Issue:1 Page(s): 9-29

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Title

A critical analysis of the legitimacy of marrying a minor in order to create privacy

Author(s)

Ahmadi Nik Seyed Mehdi | Issue Writer Certificate

Keywords

marrying a minor

establishing "Mahramiat"

minor's mother

sharia trick

Abstract

One of the important and practical topics in Imamiyyah jurisprudence is the discussion of sharia tricks including the temporary marriage of a minor or infant girl in order to create privacy with her mother, without any serious intention of marriage, neither by the minor's guardian nor by the person who wants to become "mahram" with the minor's mother. In this regard, opinions have been raised by jurists. Famous jurists have considered it as valid, permissible, and effective, and have issued a fatwa for the realization of privacy, and for this reason, it is popular among religious people and is easily performed. Famous jurists have considered it as valid, permissible, and effective, and have issued a fatwa for the realization of "Mahramiat", and for this reason, it is popular among religious people and is easily performed. However, some jurists, doubting its authenticity, have considered such a contract to be a problem and ruled that the marriage is not fulfilled. The writer has investigated this issue by descriptive and analytical method and using library tools and by analyzing the evidence and stating the problems of the popular view, he has come to the conclusion that the use of such an incorrect trick and the realization of privacy with it are faced with serious and fundamental doubts.

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