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- Title
مشتریانگاریِ زوج در احادیث باب نکاح و پیامدهای آن در آرای فقهای امامیه
- Authors
دکتر منصور, امیرزاده جیرکُلی
- Abstract
There are different interpretations of Shia hadiths about marriage and couple. In some hadiths, marriage is interpreted as sale and the couple is considered as a customer. This article is prepared with the aim of analyzing the implications of seven hadiths about considering the couple as a customer and its consequences in the opinion of Imami jurists, regardless of the strength or weakness of the chain of transmission. The two main questions are as follows: Has considering the couple as a customer in the Shia hadiths influenced the opinions of Imami jurists? Is the application of the word "customer" for a couple in the phrase "He perchase her for the highest price" a real application? In a descriptive and analytical research, the author has found these answers that the early emergence of hadiths suggests that the marriage contract should be an exchange and the couple should be a customer. This apparent indication has influenced some opinions of jurists, and has resulted in jurisprudential issues such as: the permissibility of man's looking in proposing ceremony, the right to imprison the wife, etc. According to the author, marriage is not a sale, and the husband is not a real customer, and the financial obligations of the couple, such as dowry, are a secondary aspect of the marriage contract, and comments such as "He perchase her for the highest price" and "hired as amother" and "because the woman is the seller of soul" in the hadiths are metaphors.
- Publication
Fiqh & Usul, 2023, Vol 54, Issue 4, p29
- ISSN
2008-9139
- Publication type
Article
- DOI
10.22067/jfiqh.2021.71271.1143