A Research into Last Will Executor’ s Guardianship on Marriage of Minors with an Approach Based on Imam Khomeini’ s Viewpoints

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ALIMOHAMMADI TAHER; Jafari Parisa

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Journal: Matin research journal Year:2018 | Volume:20 | Issue:80 Page(s): 95-108

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Information Journal Paper

Title

A Research into Last Will Executor’ s Guardianship on Marriage of Minors with an Approach Based on Imam Khomeini’ s Viewpoints

Author(s)

ALIMOHAMMADI TAHER | Jafari Parisa | Issue Writer Certificate

Keywords

guardianQ3

guardian’s authorityQ1

assertion by testatorQ1

marriage of minorsQ1

minor boyQ1

minor girlQ2

Abstract

There is no discord on the legitimacy of delegation of the guardian’ s authority to the executor of last will concerning the financial matters of the minors. Whatever causes heated debate is the proof of the last will executor’ s guardianship on marriage of minors on behalf of their parents. There are three approaches to this problem: the majority of the jurists denounce absolute authority of the guardian in this case; another group of jurists approve absolute authority of the guardian; and the third group of jurists condition legitimacy of such authority to the parents’ clear assertion on the right of marriage. Some jurists, like Imam Khomeini, who have not reached a conclusion from the collection of evidences provided by the above-said three approaches, say no authority for guardian in marriage of the minors is an instance of obligatory precaution. This descriptive-analytical research has reviewed and analyzed the evidences in the aforementioned approaches and concluded that the guardian has authority on marriage of the minors on condition of assertion by the testator.

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APA: Copy

ALIMOHAMMADI, TAHER, & Jafari, Parisa. (2018). A Research into Last Will Executor’ s Guardianship on Marriage of Minors with an Approach Based on Imam Khomeini’ s Viewpoints. PAZHUHESHNAMEH MATIN, 20(80 ), 95-108. SID. https://sid.ir/paper/93833/en

Vancouver: Copy

ALIMOHAMMADI TAHER, Jafari Parisa. A Research into Last Will Executor’ s Guardianship on Marriage of Minors with an Approach Based on Imam Khomeini’ s Viewpoints. PAZHUHESHNAMEH MATIN[Internet]. 2018;20(80 ):95-108. Available from: https://sid.ir/paper/93833/en

IEEE: Copy

TAHER ALIMOHAMMADI, and Parisa Jafari, “A Research into Last Will Executor’ s Guardianship on Marriage of Minors with an Approach Based on Imam Khomeini’ s Viewpoints,” PAZHUHESHNAMEH MATIN, vol. 20, no. 80 , pp. 95–108, 2018, [Online]. Available: https://sid.ir/paper/93833/en

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