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Information Journal Paper

Title

MO’ATATI MARRIAGE CONTRACT FROM THE VIEWPOINTS OF JURISPRUDENCE

Pages

  196-234

Abstract

 Mo’atati marriage CONTRACT has different meanings in Islamic jurisprudence and law. A common conception is that in such kind of marriage for the CONTRACT to be legitimate it is not necessary for the couples to verbally declare their consent. The important question arising here is whether one can perform a marriage CONTRACT without verbally declaring consent or not. Most JURISPRUDENTS believe that marriage CONTRACTs must be verbally and explicitly uttered and that MO’ATATi marriage is invalid. There seems to be a general consent over this issue. The Iranian CIVIL LAW, too, asserts that marriage CONTRACT must be verbally uttered. However, some argue that MO’ATATi marriage CONTRACT is valid. This paper elaborates on the meanings of MO’ATAT in marriage CONTRACT, evaluating arguments for and against MO’ATATi marriage CONTRACT and the primary or secondary function of the verbal utterance of marriage CONTRACT. Finally, the paper tries to answer the question whether there is a substitute for verbal utterance in marriage CONTRACT or not.

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    APA: Copy

    HEDAYAT NIA, F.A.. (2008). MO’ATATI MARRIAGE CONTRACT FROM THE VIEWPOINTS OF JURISPRUDENCE. WOMEN'S STRATEGIC STUDIES (KETABE ZANAN), 10(40), 196-234. SID. https://sid.ir/paper/94062/en

    Vancouver: Copy

    HEDAYAT NIA F.A.. MO’ATATI MARRIAGE CONTRACT FROM THE VIEWPOINTS OF JURISPRUDENCE. WOMEN'S STRATEGIC STUDIES (KETABE ZANAN)[Internet]. 2008;10(40):196-234. Available from: https://sid.ir/paper/94062/en

    IEEE: Copy

    F.A. HEDAYAT NIA, “MO’ATATI MARRIAGE CONTRACT FROM THE VIEWPOINTS OF JURISPRUDENCE,” WOMEN'S STRATEGIC STUDIES (KETABE ZANAN), vol. 10, no. 40, pp. 196–234, 2008, [Online]. Available: https://sid.ir/paper/94062/en

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