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Information Journal Paper

Title

A New Reading of Marriage Phenomenon in Islam based on its Institutionalization

Pages

  69-85

Abstract

 According to historical sources, socio-cultural conditions governing the postIslamic society lacked moral foundations in the domain of rights, especially family rights. Now, if we claim that morality is the foundation of Islamic law, the claim for the signing of Marriage Contract and other legal Institutions needs serious reflection, and cannot be in line with the current realities of the Islamic society. From this, one can only claim to have signed the form of this Institution as a covenant and consider its related juridical bases and principles to be established by Tom. With the new readings based on its Institutionalization and its acceptance give way to the innovation in judgments and provides the ability to adapt to time and place in the best possible manner in different periods. Accordingly, this research uses descriptive-analytical method and library tools to provide a new explanation of family through juridical and legal essence, contrary to the famous jurisprudential sayings and proves the Institutionalization of Marriage based on the two principles of ethic and Chastity and considers Marriage as Institutionalized in terms of Contract, principles, rules and behavioral nature.

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  • Cite

    APA: Copy

    Shakeri, Tuba. (2019). A New Reading of Marriage Phenomenon in Islam based on its Institutionalization. JOURNAL OF STUDIES IN THE HUMANITIES, 26(1 ), 69-85. SID. https://sid.ir/paper/373752/en

    Vancouver: Copy

    Shakeri Tuba. A New Reading of Marriage Phenomenon in Islam based on its Institutionalization. JOURNAL OF STUDIES IN THE HUMANITIES[Internet]. 2019;26(1 ):69-85. Available from: https://sid.ir/paper/373752/en

    IEEE: Copy

    Tuba Shakeri, “A New Reading of Marriage Phenomenon in Islam based on its Institutionalization,” JOURNAL OF STUDIES IN THE HUMANITIES, vol. 26, no. 1 , pp. 69–85, 2019, [Online]. Available: https://sid.ir/paper/373752/en

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