Document Type : Original Article
Authors
1
PhD Student in Jurisprudence and Fundamentals of Islamic Law, Islamic Azad University, Varamin-Pishva Branch, Tehran. Iran.
2
(Corresponding Author) Assistant Professor of Jurisprudence and Fundamentals of Islamic Law, Islamic Azad University, Varamin - Pishva Branch, Tehran. Iran.
10.30510/psi.2022.289131.1785
Abstract
Coercion to marry diminishes the impact of marriage; Which has ruled the lives of people in various forms since ancient times. Urgency, coercion and reluctance are three detrimental factors of intention; Coercion and reluctance are often used interchangeably in law; But there are differences in jurisprudential definitions. In some cases, coercion causes a person to lose his will, as opposed to reluctance. Also, the realization of reluctance is subject to threat and fear, as opposed to coercion; Coercion must come from the ruler and the government, as opposed to reluctance, which is often done by the non-ruler. Reluctance in marriage is different from urgency in marriage. If a couple is subjected to material or spiritual pressure by a person and forces him to enter into a marriage, it is called a reluctant marriage, this contract is not valid because it lacks consent. But if someone enters into a marriage as a result of urgency, it is not considered obligatory because Reza is present and the emergency transaction will be valid. According to Imami jurists, forced marriage is not valid, therefore, the issue of adult virgin marriage, according to Iranian civil law, must be done with the joint permission of the guardian and the daughter, and otherwise, this marriage if only by But to do so is considered a pry, the stability of which depends on the subsequent approval of the girl, and if the girl expresses her dissatisfaction, the marriage will be void.
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