Comparative Study of Cyber Marriage in Imamieh and Sunnite Jurisprudence

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Mohaghegh Damad Maryamossadat; JALALI ZAHRA

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Paper Information

Journal: Journal of Comparative Law Year:2020 | Volume:15 | Issue:2 (112) Page(s): 169-196

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Information Journal Paper

Title

Comparative Study of Cyber Marriage in Imamieh and Sunnite Jurisprudence

Author(s)

Mohaghegh Damad Maryamossadat | JALALI ZAHRA | Issue Writer Certificate

Keywords

MarriageQ1

Written ContractQ1

Muatati MarriageQ2

CyberspaceQ1

EncryptionQ2

Abstract

Nowadays with the advancement of technology and communication tools, the conclusion of contracts has changed so that many people tend to go through new communication tools to engage legal actions. The conclusion of the Marriage has been a significant expansion in Cyberspace. Men and women might want to announce their Marriage through internet service audio-visual and written internet services. In this study, the main question is that how Marriage influence the cyber environment Shiite and Sunni jurists and law in Iran? According to famous Shiite and Sunni jurists, the offer and acceptance in a Marriage contract must be verbal; Therefore, There is no doubt about the validity of cyber Marriage through audio-visual internet services; On the other hand in the written internet services with proof of the invalidity of consensus the most important reasons of the opposition of written Marriage were answered verse refers to “ Keep your promise” , some verses about Written Contract as well as the openness and transparency of the term, the validity of the Marriage in cyberspase has sterengthened. At the same time, in spite of the necessity of the presence of witnesses in the Marriage contract, according to the public jurists, it is still possible to valid cyber Marriage with using Sunni jurisprudential texts. In addition, with examining e-contracts we found that to establish security in Cyberspace can be done through the Encryption process and electronic signature ensured the identity of both parties.

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APA: Copy

Mohaghegh Damad, Maryamossadat, & JALALI, ZAHRA. (2020). Comparative Study of Cyber Marriage in Imamieh and Sunnite Jurisprudence. COMPARATIVE LAW (NAMEH-YE MOFID), 15(2 (112) ), 169-196. SID. https://sid.ir/paper/375767/en

Vancouver: Copy

Mohaghegh Damad Maryamossadat, JALALI ZAHRA. Comparative Study of Cyber Marriage in Imamieh and Sunnite Jurisprudence. COMPARATIVE LAW (NAMEH-YE MOFID)[Internet]. 2020;15(2 (112) ):169-196. Available from: https://sid.ir/paper/375767/en

IEEE: Copy

Maryamossadat Mohaghegh Damad, and ZAHRA JALALI, “Comparative Study of Cyber Marriage in Imamieh and Sunnite Jurisprudence,” COMPARATIVE LAW (NAMEH-YE MOFID), vol. 15, no. 2 (112) , pp. 169–196, 2020, [Online]. Available: https://sid.ir/paper/375767/en

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