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Information Journal Paper

Title

Analyzing the permissibility of determining the condition of non-childbearing in marriage contract

Pages

  237-260

Abstract

 In the current socio-economic situation, one of the most challenging issues for couples, which sometimes lead to deep problems between them, is the issue of having or not having children and the conditions about it in Marriage contract. Providing multiple and various definitions about Marriage and lack of consensus on this type of contract, and also the emphasized and repeated orders of the Shari' on the issue of childbearing and reproduction in religious texts have been caused Some jurists consider childbearing as the main reason and the ultimate goal of Shari' for Marriage, and they conclude the condition of non-childbearing in the Marriage contract is contrary to the requirements and nature of the contract. This paper which is done by descriptive-analytical method, has been studied this issue and responded to this question: What is the status of stipulating non-childbearing condition in Marriage contract due to the validity or invalid of invalidated of contract Marriage, the condition which seems is opposed to the nature of Marriage contract? Finally, after examining the views and existing reasons according to the famous quotes from early Imami jurists about permission of Ejaculate and validity of non-sexual condition and also due to the jurists' views stating that a woman can use the temporary contraception tools even without her husband's permission, if they are not harmful to women's health and don't harm marital rights too, And also by relying on the validity of the Marriage with sterile, elderly and postmenopausal women have no fertility, it has been cleared that the condition of non-childbearing is not contrary to the nature of the Marriage contract; Because the purpose and goal of Marriage is to achieve various things and childbearing is only one of the effects of Marriage, not just its unique purpose.

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    APA: Copy

    JAFARI, ALI, & SHABANI, FATEMEH. (2021). Analyzing the permissibility of determining the condition of non-childbearing in marriage contract. FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ), 25(73 ), 237-260. SID. https://sid.ir/paper/407170/en

    Vancouver: Copy

    JAFARI ALI, SHABANI FATEMEH. Analyzing the permissibility of determining the condition of non-childbearing in marriage contract. FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ)[Internet]. 2021;25(73 ):237-260. Available from: https://sid.ir/paper/407170/en

    IEEE: Copy

    ALI JAFARI, and FATEMEH SHABANI, “Analyzing the permissibility of determining the condition of non-childbearing in marriage contract,” FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ), vol. 25, no. 73 , pp. 237–260, 2021, [Online]. Available: https://sid.ir/paper/407170/en

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