Cases of the Loss of Virginity and the Elimination of the Father's Permission in Marriage from the Point of View of Jurisprudence and Law

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BAHMANPOURI ABDOLLAH; Taslikh Mohsen

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Paper Information

Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2020 | Volume:16 | Issue:59 Page(s): 49-69

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Title

Cases of the Loss of Virginity and the Elimination of the Father's Permission in Marriage from the Point of View of Jurisprudence and Law

Author(s)

BAHMANPOURI ABDOLLAH | Taslikh Mohsen | Issue Writer Certificate

Keywords

virginityQ1

SibeQ1

Vali’s permissionQ1

elimination of the Vlai's permissionQ1

loss of virginityQ1

Abstract

Islamic jurists and consequently the civil jurists have made the marriage of a virgin girl subject to the permission of the parents (vali). The question is whether the loss of virginity from the religious point of view is based on the removal of virginity by lawful means. Or does it affect the disappearance of the virginity with factors such as adultery, vati be shobhe, illness, and also sibobat (loss of virginity)? This gains more significance when we consider that Article 1043 of the Civil Code allows the marriage of a virgin adult girl subject to the permission of her father or paternal grandfather, but the code makes no reference to the above question and the causes of the loss of virginity. The present study uses a descriptive-analytical method. On the basis of the Book and Tradition and an examination of the the sayings and fatwas of early jurists to contemporary ones based on the needs of society, especially judges and marriage registrars and an expertise approach, this study has chosen the fulfillment of sibobat (deterioration of virginity) based on legal sextual intercourse (vati). By studying and criticizingdifferent views and according to different narratives (revaiat), it has chosen the idea of fulfilling the loss of virginity (sibobat) with a marriage based vati, so that from the religious point of view, the virginity disappears only in case that the virginity has been destroyed by a documented marriage vati. Therefore, the fulfilment of sibobat and consequently the elimination of the vali's permission depend on the marriage in which insertion took place and led to the loss of virginity.

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APA: Copy

BAHMANPOURI, ABDOLLAH, & Taslikh, Mohsen. (2020). Cases of the Loss of Virginity and the Elimination of the Father's Permission in Marriage from the Point of View of Jurisprudence and Law. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 16(59 ), 49-69. SID. https://sid.ir/paper/361846/en

Vancouver: Copy

BAHMANPOURI ABDOLLAH, Taslikh Mohsen. Cases of the Loss of Virginity and the Elimination of the Father's Permission in Marriage from the Point of View of Jurisprudence and Law. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2020;16(59 ):49-69. Available from: https://sid.ir/paper/361846/en

IEEE: Copy

ABDOLLAH BAHMANPOURI, and Mohsen Taslikh, “Cases of the Loss of Virginity and the Elimination of the Father's Permission in Marriage from the Point of View of Jurisprudence and Law,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 16, no. 59 , pp. 49–69, 2020, [Online]. Available: https://sid.ir/paper/361846/en

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