Analysis of white marriage from the perspective of criminal law

Document Type : Original Article

Authors

1 Department of Law, Faculty of Theology and Islamic Sciences, Payame Noor University, Tehran, Iran

2 Lecturer of the seminary and the university

3 Field Instructor

4 Area amount

Abstract

In recent years, a kind of cohabitation without official registration and without the implementation of the marriage contract between men and women has become common. In practice, husband and wife have no responsibilities such as alimony, dowry, inheritance and no restrictions on the time of end of their life together. It is believed that such a marriage is called white marriage. Thus, the suspicion of the validity of white marriage due to its similarity with this marriage contract will be rejected and the inaccuracy of white marriage will be determined from the point of view of Sharia. Examining the nature of adultery and expressing its rulings and the way of proving adultery by confession and evidence and the conditions of proving the hadd will determine the similarities and differences between white marriage and adultery. In Sharia, it will be illegitimate that the hadd punishment of ta'zir up to 99 lashes will be applied to a man and a woman who have such a relationship, and if the adultery of a man and a woman in this relationship is proven - through confession or evidence - the hadd punishment of adultery will be performed on them. Will be.

Keywords

Political Sociology of Iran
Volume 5, Issue 5
August 2022
Pages 559-575

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