Analyzing the Role of Ambiguities of the Jurisprudential Concept of Maturity in the Unsuccessful Competencies of the Legal Age of Marriage for Girls
Although the famous Jaʿfarī jurists supposedly agree on the lack of independence of safīh (Arabic: سفیه, imbecile) in marriage, their interpretation of maturity and being extravagant is not the same. A key question arises about the relationship between “maturity” and “marriage” since “maturity” mean...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Persian |
| Published: |
Razavi University of Islamic Sciences
2024-05-01
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| Series: | آموزههای فقه مدني |
| Subjects: | |
| Online Access: | https://cjd.razavi.ac.ir/article_1759_0ce21b581c7ccd0822efe623c5e01cff.pdf |
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| Summary: | Although the famous Jaʿfarī jurists supposedly agree on the lack of independence of safīh (Arabic: سفیه, imbecile) in marriage, their interpretation of maturity and being extravagant is not the same. A key question arises about the relationship between “maturity” and “marriage” since “maturity” means the possession of preservation and competencies of property as one of the following conditions of contracting parties in the financial contracts intended by Holy legislator, and marriage occurs in a non-financial nature. The ways of recognizing of maturity in marriage in any sense are also different and connected to legal and social issues in this regard. Many attempts to amend the civil code related to the age of marriage and still remain without any results are rooted in the juridical ambiguities of the issue. This article, which uses the sources of ḥadīth (Arabic: حدیث) and jurisprudence using an analytical method, proves the hypothesis that maturity in marriage for most of the late jurisprudents means the necessary intellectual maturity in choosing a spouse and starting a family, not the possession of preservation and competency of property. Clarity in presenting the desired concept of marriage as a condition for maturity in marriage ends many social problems that lead to the establishment of civil laws without adequate enforcement guarantees, and sometimes incompatible with Jaʿfarī jurisprudence. |
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| ISSN: | 2251-936X 2783-3690 |