Investigating the observance of the right to child marriage in Iranian law, with an approach to Islamic jurisprudence

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Fakharzade Raziye; Roohani Abbasali; Rdaneshpoor Eftekhar

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Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW Year:2021 | Volume:14 | Issue:27 Page(s): 43-64

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Title

Investigating the observance of the right to child marriage in Iranian law, with an approach to Islamic jurisprudence

Author(s)

Fakharzade Raziye | Roohani Abbasali | Rdaneshpoor Eftekhar | Issue Writer Certificate

Keywords

childQ2

marriageQ1

GuardianQ2

ExpediencyQ2

performance guaranteeQ1

Abstract

The issue of child marriage is one of the most controversial issues in jurisprudential and legal circles. The present article examines the element of Expediency in child marriage by descriptive-analytical method, referring to library sources. Most sects of Islamic religions believe that Expediency is conditional on the actions of the Guardian over the property. Because the ruling on the necessity of the Expediency of the Guardian's actions towards Molly against himself is governed by the ruling on the permission of all the Guardian's possessions in Molly's affairs against himself. Therefore, if the Expediency of child marriage is not observed, there are two views; Some believe in the existence of the right of termination for the child at the time of eligibility and some believe in the invalidity of marriage. The theory of invalidity is more correct from the perspective of this research. Also, in order to maintain the envy of the child in this marriage, it is suggested to the legislator to present the certificate of the expert board to determine the existence of Expediency in this marriage instead of examining the Expediency.

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APA: Copy

Fakharzade, Raziye, Roohani, Abbasali, & Rdaneshpoor, Eftekhar. (2021). Investigating the observance of the right to child marriage in Iranian law, with an approach to Islamic jurisprudence. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, 14(27 ), 43-64. SID. https://sid.ir/paper/409841/en

Vancouver: Copy

Fakharzade Raziye, Roohani Abbasali, Rdaneshpoor Eftekhar. Investigating the observance of the right to child marriage in Iranian law, with an approach to Islamic jurisprudence. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW[Internet]. 2021;14(27 ):43-64. Available from: https://sid.ir/paper/409841/en

IEEE: Copy

Raziye Fakharzade, Abbasali Roohani, and Eftekhar Rdaneshpoor, “Investigating the observance of the right to child marriage in Iranian law, with an approach to Islamic jurisprudence,” JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, vol. 14, no. 27 , pp. 43–64, 2021, [Online]. Available: https://sid.ir/paper/409841/en

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