A REVIEW OF LUNATIC’S MARRIAGE FROM THE PERSPECTIVES OF ISLAMIC JURISPRUDENCE AND IRANIAN LAW

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

DANESHPOOR EFTEKHAR; BABAEI PEGAH

Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: Family Law and Jurisprudence Journal Year:2017 | Volume:22 | Issue:66 Page(s): 0-0

Download Full-Text

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Persian Verion

View:

1,687

Download:

Cites:

Information Journal Paper

Title

A REVIEW OF LUNATIC’S MARRIAGE FROM THE PERSPECTIVES OF ISLAMIC JURISPRUDENCE AND IRANIAN LAW

Author(s)

DANESHPOOR EFTEKHAR | BABAEI PEGAH | Issue Writer Certificate

Keywords

LUNATICQ1

INTERDICTIONQ2

MARRIAGEQ1

FINANCIAL POSSESSIONQ1

NON-FINANCIAL POSSESSIONQ1

Abstract

Hajr Safih is one of the classical topics in Islamic jurisprudence where ‘Hajr’ means the INTERDICTION of an independent (financial) action through a judicial order, and ‘Safih’ refers to people with mental disabilities, LUNATICs, especially regarding money management and waste. Taking into account the fact that the majority of jurists of different Islamic schools deprive such people of financial transactions and absolute freedom in non-financial transactions, it is obvious that the examination of the possibility of their MARRIAGE is worthwhile; especially since it is a matter of dispute among jurists and lawyers. Some believe that the MARRIAGE of a LUNATIC is invalid and ineffective, contending that according to religious narratives), and considering that MARRIAGE includes financial transactions, from which the LUNATIC is prohibited, the validity of this MARRIAGE would infringe the aforementioned INTERDICTION and allow for the waste of money as well. On the other hand there are those who argue that the MARRIAGE contract is non-financial, and considering the marital needs of all people, including LUNATICs and based on the ownership rule of self-reign (Qaede Saltanat) and related narratives, such a MARRIAGE is religiously permissible. This study aims to focus on and scrutinize the views of early and current Shia and Sunni jurists, and the approach of statutory law, where a LUNATIC’s independent actions regarding MARRIAGE can be inferred based on legal documentations.

Cites

No record.

References

No record.

Cite

APA: Copy

DANESHPOOR, EFTEKHAR, & BABAEI, PEGAH. (2017). A REVIEW OF LUNATIC’S MARRIAGE FROM THE PERSPECTIVES OF ISLAMIC JURISPRUDENCE AND IRANIAN LAW. FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ), 22(66), 0-0. SID. https://sid.ir/paper/356093/en

Vancouver: Copy

DANESHPOOR EFTEKHAR, BABAEI PEGAH. A REVIEW OF LUNATIC’S MARRIAGE FROM THE PERSPECTIVES OF ISLAMIC JURISPRUDENCE AND IRANIAN LAW. FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ)[Internet]. 2017;22(66):0-0. Available from: https://sid.ir/paper/356093/en

IEEE: Copy

EFTEKHAR DANESHPOOR, and PEGAH BABAEI, “A REVIEW OF LUNATIC’S MARRIAGE FROM THE PERSPECTIVES OF ISLAMIC JURISPRUDENCE AND IRANIAN LAW,” FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ), vol. 22, no. 66, pp. 0–0, 2017, [Online]. Available: https://sid.ir/paper/356093/en

Related Journal Papers