Feasibility of Stipulating Option of Conditions in Marriage Contract from Shia and Sunni Jurisprudence View Point

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Shahmalekpour h.; Daryaee r.

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Journal Paper

Paper Information

Journal: Journal of Family Research Year:2021 | Volume:17 | Issue:1 (65) Page(s): 7-22

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Information Journal Paper

Title

Feasibility of Stipulating Option of Conditions in Marriage Contract from Shia and Sunni Jurisprudence View Point

Author(s)

Shahmalekpour h. | Daryaee r. | Issue Writer Certificate

Keywords

Option of Conditions

Marriage Contract

Shia Jurisprudence

Sunni Jurisprudence

Abstract

Regardless validity arguments, requireements and effects of Option of Conditions, determining the scope of its utilization needs serious attention. The question raised here is that is it possible to stipulate Option of Conditions in Marriage Contract in Sunni and Shia Jurisprudence? Here are the two main ideas. A group of Shia and Sunni jurists believe that not only the Option of Conditions but also the Marriage Contract is void because the aforementioned option is contrary to the requirement of the substance of contract. Another group, pointing out some reasons such as illegality of these conditions, believes that the Option of Conditions is void, not the Marriage Contract. However, the main reason brought forth by the proponents of these ideas is the consensus on voidance. The first group believes that the consensus includes the Option of Conditions and the contract, and the second group limits it to the Option of Conditions. This research shows that all of the reasons of above-mentioned ideas have problems and it is unable to prove the voidance of the Marriage Contract and even the Option of Conditions; in other words, both the Marriage Contract and the Option of Conditions are valid.

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APA: Copy

Shahmalekpour, h., & Daryaee, r.. (2021). Feasibility of Stipulating Option of Conditions in Marriage Contract from Shia and Sunni Jurisprudence View Point. JOURNAL OF FAMILY RESEARCH, 17(1 (65) ), 7-22. SID. https://sid.ir/paper/965608/en

Vancouver: Copy

Shahmalekpour h., Daryaee r.. Feasibility of Stipulating Option of Conditions in Marriage Contract from Shia and Sunni Jurisprudence View Point. JOURNAL OF FAMILY RESEARCH[Internet]. 2021;17(1 (65) ):7-22. Available from: https://sid.ir/paper/965608/en

IEEE: Copy

h. Shahmalekpour, and r. Daryaee, “Feasibility of Stipulating Option of Conditions in Marriage Contract from Shia and Sunni Jurisprudence View Point,” JOURNAL OF FAMILY RESEARCH, vol. 17, no. 1 (65) , pp. 7–22, 2021, [Online]. Available: https://sid.ir/paper/965608/en

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