Restudying the requirements of marriage contract in terms of Shiite and Sunni jurisprudence and Iranian civil law

Each contract has some different effects which one of them is inseparable and basic impact of a contract; the jurisprudents and lawyers interpret it as essence of inherent contract. Since regarding the marriage contract whether permanent or temporary, in addition to its contractual aspect, also its ritual aspect is under consideration , recognize and identifying its nature is ambiguous, and has led profound differences among Imamiya and Sunni jurisprudents and lawyers. Summarily, there are three famous theories in this regard; some Imami jurisprudents and majority of Sunni jurists believe that sexual intercourse in its special meaning, is the essence of marriage contract; according to one part of the lawyers, establishing family is its nature. In contrast, some other Imami jurisprudents have believed that the marriage ties are to be regarded as the essence of the marriage which it is inferable from the appearance of Civil Code, articles 1035 and 1102. Now based on past reviewing and researching the foundations of presented theories and exploiting the other documents, it seems that the third viewpoint has the strong grounds and moredefensible in this regard.