The nature of emerging customary titles in marriage from a sociological point of view and its accord to sharia contracts

Document Type : Original Article

Authors

1 PhD student in Jurisprudence and Fundamentals of Islamic Law, Azad University, Tehran Branch

2 Faculty member of Shahid Motahari University

Abstract

The confrontation between tradition and modernity is abundantly seen in various aspects of life in today's society, including emerging marriages.

Emerging marriages are marriages that have somehow departed from the specific customs and forms of the traditional world and given themselves a new nature.

In this article, I intend to study emerging marriages from the perspective of political sociology and sharia, using analytical and descriptive methods and citing library sources.

The result of the research is that emerging marriages, on the one hand, are the result of entering the modern world, which has also taken on a political form, and on the other hand, many of these marriages are in conflict with the sharia.

In order to resolve this conflict, it is necessary to act in a way that does not lead to modernity, which is in a way impossible, and the principles of Sharia are preserved; because the criteria considered by Sharia are in the interest of society.

Keywords

Political Sociology of Iran
Volume 5, Issue 8
October 2022
Pages 578-593

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