The Analysis of the Marriage of the Adapted Child with the Adoptive Parents on the Basis of the Principle of Party Autonomy in the View Point of Islam and France

The possibility or impossibility of marrying with the adapted child is one of the argumentative problems in the legal system of Iran and lots of other countries. Contrary to other Islamic countries, under the effect of France law, Tunisia has accepted family relationship originated from adapted and its effects such as the prohibition of marriage with the adoptive parents. meanwhile criticizing and studying the opinions of Islam scholars and the law of France and Tunisia, the author with descriptive-analytical method based on the criterion of the Permissibility of marriage with adapted child believes that Islamic jurisprudence in this issue is more advanced than the other legal systems and has set the issues to the intent and free will of the adapted and the adoptive collectively and has respected to their free will which is of human rights whereas the determined legal systems have legalized contrary to this obvious subject. The present analysis as a theory release the belief -supposition- of Islamic well-known jurists from many problems and also it can be put forward in the form of theory building.