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- Title
سقوط ولایت ولی بر نکاح باکره رشیده به صرف عضل و اثر مترتب بر آن
- Authors
دکتر, سیف اله احدی
- Abstract
Guardianship over the marriage of the virgin Rashidah is a controversial issue among Imami jurists. In this matter, following the unpopular opinion in Article 1043, Iran's civil law has accepted such a guardianship and following the jurists' view of the validity of the guardian's permission, it has been decided that if the guardian refuses to give permission without a valid reason, the validity of his permission will be revoked. The challenging issue is that in the case of unjustified obstruction, the guardian's guardianship is lost only in relation to the azl or in general and in all matters? After following the arguments and opinions of the jurists and analyzing the mentioned issue through the analytical method of documents, the author has come to the belief that the proof of such guardianship is only for the purpose of respecting the interests of the pupil and in case of the guardian's azl, his incompetence and betrayal are confirmed. By referring to the traditions passed down from the infallible imams (a.s.), the appropriateness of the ruling and the subject matter, the argument on the analogy of priority and the rules of la haraj and la zarar (no-harm and no-damage), the certainty of the proof of the right of guardianship, the rule of action for damage and the principle of isteshab, it can be acknowledged that such a prevention causes the complete downfall of the guardianship and the independence of the mature virgin.
- Publication
Fiqh & Usul, 2023, Vol 54, Issue 4, p9
- ISSN
2008-9139
- Publication type
Article
- DOI
10.22067/jfiqh.2020.62639.0