Reviewing and Criticizing the Idea of Exchange Nature of Temporary Marriage

There is no doubt about the legitimacy of the temporary marriage contract from the view of Shia jurisprudence, and accordingly the Civil Law of the Islamic Republic of Iran accepts that and explains its pillars and rulings in a number of Articles. Understanding the nature of this contract regarding the jurisprudence and law is an important and a controversial discussion. Some scholars believe that the temporary marriage is completely the same as the lease contract and the marriage portion is given when the sexual pleasure happens and the temporary marriage contract is basically different from the permanent marriage contract. In contrast, some believe that the nature of the temporary marriage contract is the same as the permanent marriage contract and only some of their consequences and rulings are different; thus, this research, using the evidences, aimed to criticize the first idea and improve the second idea which considers the two marriage contracts as the same. Therefore, all related written sources were analyzed by a documentary-library method. The results showed that the temporary marriage contract in the Islamic law, like the permanent marriage contract, is a holy legal entity and the couples have special mutual duties and rights.