Document Type : Original Article
Authors
1
PhD Student, Department of Theology and Islamic Studies, Khomein Branch, Islamic Azad University, Khomein, Iran
2
Professor, Department of Theology and Islamic Studies, Saveh Branch, University: Islamic Azad University, Saveh, Iran
3
Professor, Department of Jurisprudence and Fundamentals of Islamic Law, University of Tehran, Tehran, Iran
10.30510/psi.2022.349475.3653
Abstract
Marriage is one of the most challenging and important issues in the field of family jurisprudence. Conventional marriage means concluding a marriage relationship without a concubine. Some jurists, by accepting the fact that words have no subject in fulfilling the requirement and acceptance, have claimed the validity of reciprocal marriage; But the famous saying of such a contract is not true, which was expressed by Imam Khomeini. It seems that despite the verses and hadiths, the consensus and manners of Muslims, the famous saying is more powerful. From Imam Khomeini's point of view, it is necessary to follow the rule of the flow of concessions in any contract and event that can be written into action; Because the verb, like the promise, is a means of creating and concluding a credit. As a result, in this article, the legal jurisprudence of marriage without verbal contract (contractual) from Imam Khomeini's point of view was explained. For this purpose, descriptive analytical bribery and in order to study this issue, taking into account the views of Imam Khomeini and other jurists, the validity of the marriage contract has been investigated.
Keywords
)