Authority of the Jurist in Marriage and Divorce of Minors from the Viewpoint of the Imamiyyah and Sunnites

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Zargoshnasab Abduljabar; Abyar Mohadeseh

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Journal Paper

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Journal: Jurisprudence and Fundamentals of Islamic Law Year:2019 | Volume:52 | Issue:1 Page(s): 83-105

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Information Journal Paper

Title

Authority of the Jurist in Marriage and Divorce of Minors from the Viewpoint of the Imamiyyah and Sunnites

Author(s)

Zargoshnasab Abduljabar | Abyar Mohadeseh | Issue Writer Certificate

Keywords

marriageQ1

minorQ1

divorceQ1

guardianQ1

interdictedQ2

authority of juristQ1

Abstract

This research has criticized and reviewed, in an analytical-descriptive method, the principles of different opinions of the marriage and divorce of a minor by the Jurist from the viewpoints of the Imamiyyah and Sunnites in the following two sections: a. The opinions of the scholars of Shia and Sunni regarding the authority of the jurist in the marriage of minors which is summed up in three opinions; b. The opinions of the Imamiyyah and Sunnites regarding the authority of the jurist in the divorce of minors, according to which there is no such authority, unless the minor is insane during puberty. And in the Sunnite opinion the father and the natural guardian have no right to divorce, and due to the priority, the jurist’ s lack of authority is inferred. Research findings the jurist has authority in the minor’ s marriage in case the minor does not have a father, a great grandfather, and no executor of either, in which case, in case of occasion and necessity, he has authority in marrying, but he does not have authority in divorce; this opinion has been proven by virtue of many proofs.

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APA: Copy

Zargoshnasab, Abduljabar, & Abyar, Mohadeseh. (2019). Authority of the Jurist in Marriage and Divorce of Minors from the Viewpoint of the Imamiyyah and Sunnites. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), 52(1 ), 83-105. SID. https://sid.ir/paper/198453/en

Vancouver: Copy

Zargoshnasab Abduljabar, Abyar Mohadeseh. Authority of the Jurist in Marriage and Divorce of Minors from the Viewpoint of the Imamiyyah and Sunnites. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA)[Internet]. 2019;52(1 ):83-105. Available from: https://sid.ir/paper/198453/en

IEEE: Copy

Abduljabar Zargoshnasab, and Mohadeseh Abyar, “Authority of the Jurist in Marriage and Divorce of Minors from the Viewpoint of the Imamiyyah and Sunnites,” FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), vol. 52, no. 1 , pp. 83–105, 2019, [Online]. Available: https://sid.ir/paper/198453/en

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