Examining the Devotional or the Transactional Aspects of Marriage from the Perspective of the Jurisprudence of the Two Sects

Despite the extensive arguments among scholars regarding transactional or devotional aspects of marriage, the legal jurisprudential nature of marriage has not been thoroughly studied from different perspectives. According to the absolute majority of the jurists of the Hanbali, Hanafi, and Maliki, the nature of marriage is devotional, because the condition of choice and ablution is not permissible in marriage, the hereafter aspect is included in it, and concluding a marriage contract is accepted even if it is not legally registered. This is while the majority of Imami and Shafi‘i jurists have considered marriage to be of a transactional nature in which marriage is regard as a legal contract between the parties. Like any other contract, the consent of both parties is considered a condition of marriage, and a woman can refuse to obey until she receives the dowry. Following a library approach and based on analytical-descriptive method, the present study reviews the jurisprudential and legal effects of marriage and gives a general and detailed critique of its devotional aspect from the perspective of the sects. The study indicates that the transactional view of marriage is prioritized over devotional view in the absence of valid evidence to prove that marriage is devotional, although ijtihad arguments can be cited in this regard. Obviously, accepting this approach requires the commitment of the option of choice in marriage and the possibility of compensating for fatal damages in marital disputes.