The Role of Permission in Authenticityor Nullity of Marriage in Islamic Law and Jurisprudence

Permission and its effects in civil law is of utmost importance. Overview to the civil law and its different subjects inImamiyah jurisprudence reveals the fact that permission has an important role in people's social and legal relations. In family law, the importance of permission is clearly noticeable in civil law articles and jurisprudence subjects. The validity of the guardian's permission to the lady's marriage and moral boys or virgin's marriage, the requirement of lady's permission to marrying her husband with her nephew or niece as well as reliance of an Iranian lady's marriage with foreigners is on the government's permission include cases of permission for marriage. Islamic sects have spread different views regarding the permissibility or impermissibility a mature virgin lady's marriage without her natural guardian's permission. In the article 1043 of civil law, the permission of the guardian to his virgin daughter's marriage has been clearly stipulated. Some jurists contend in making distinction between temporary and permanent marriage, while quite a large number of them has treated cautiously with this issue. Many famous jurists and some contemporary jurists do not require the permission of father to the marriage of her mature virgin daughter. However, in spite of the importance of this legal matter, it has been remained unknown and the science of Law has not done enough studieson it. The present paper attempts to carry out an extensive investigation toward the importance of permission in marriage authenticity or nullity.