Restriction and expansion of jurisprudential rulings concerning temporary marriage due to social necessity in lieu of expediency

Document Type : Original Article

Authors

1 PhD student in Islamic jurisprudence and law, Zahedan Azad University

2 Head of the Faculty of Theology and Islamic Studies, Sistan and Baluchestan University

3 Associate Professor Payame Noor University of Tehran

Abstract

One of the essential components in the issuance of social judgments is the element of expediency, so that if the expediency and changes of society are changed by considering internal and external characteristics or conditions and restrictions; Its provisions also change forcibly. The issue of limiting and developing the jurisprudential rules of temporary marriage due to social necessity and expediency is one of the examples that can be considered in this area, because this type of marriage can reduce sexual insecurity and play an important role in reducing social harm. On the other hand, it may weaken and disintegrate the foundation of the family. In general we can say; Temporary marriage, provided it is not abused, can meet some of the social needs and reduce sexual insecurity, illicit relationships and social harms, including prostitution, but in situations where this marriage harms the permanent marriage and the foundation of the family, or in the interest of society. If not, it is necessary to restrict and draft laws and regulations in accordance with these conditions

Keywords

Political Sociology of Iran
Volume 5, Issue 2
June 2022
Pages 653-674

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