Document Type : Original Article
Authors
1
PhD student in Jurisprudence and Fundamentals of Law, Faculty of Theology, Qom University, Qom, Iran
2
PhD in Islamic Law and Fundamentals, Assistant Professor, Department of Jurisprudence and Law, Faculty of Theology, Qom University, Qom, Iran, Corresponding Author (Supervisor)
3
Doctor of Jurisprudence and Fundamentals of Islamic Law, Assistant Professor, Department of Jurisprudence and Law, Faculty of Theology, Qom University, Qom, Iran, (Consultant Professor)
Abstract
Marriage is the basis of the family and the family is the foundation on which society is based. Family law is one of the most important private law issues that has no purely legal aspect; Rather, it is intertwined with social, moral, and religious issues. The primary nucleus of the family is formed by the formation of the marriage contract. The wishes of the couple are sometimes presented as conditions in the contract. Sometimes the parties to the marriage contract based on previous agreements. It is desirable and sometimes necessary to include conditions that establish the foundation of the family and the desired goals of marriage. However, the conditions in the contract should not contradict the requirements of the nature of the marriage. The condition of non-association and freedom of action is one of the conditions that it is necessary to study the jurisprudential and legal ruling with an approach to the social functions of marriage. Therefore, in the present study, with the method of document-library collection and the type of descriptive-analytical research, the mentioned cases have been explained and analyzed with an approach to the requirements of the nature of marriage.
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