Identifying the Issue of Human Dignity in Jurisprudence and Iranian Law with a Quranic Perspective

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Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:

Adequacy in marriage does not have a single meaning in the science of jurisprudence, but in each of the topics of marriage has a special meaning that is different from its meaning in other topics. According to each meaning, attributes and features are valid in it that are not valid according to other meanings. Sufficiency also has a meaning from the Sunni point of view that differs from its meanings for the Shiites. We will also say that Shiite jurists discuss adequacy in three issues regarding marriage: ; Second, where the jurists, based on the narrations, express the characteristics of a suitable or good couple and introduce matters in which either observance of adequacy is recommended or non-observance in them is makrooh; Third, in the argument that if a father or paternal grandfather prevents an adult virgin from marrying with his or her cap, it is not necessary to obtain their permission to marry. In the continuation of the article, we will express the views of different Sunni religions regarding sufficiency in marriage and their adaptation to the views of Shiite jurists. In this article, we will see from the point of view of different religions what criteria are valid in adequacy and what are the effects of observing or not observing adequacy in marriage. We also express the positions of Shiite jurists on their views in this regard. In this part of the article, several important points are pointed out: One is that some Shiite and Sunni jurists on the issue of adequacy, give relations to each other that do not correspond to the reality of the matter. Another is that Shiite jurists believe that most of the things that the Sunnis consider valid in sufficiency are not valid in sufficiency, and many Sunni elders agree with the Shiites in this regard. Imami jurists, after declaring the reasons cited by the Sunnis as weak, prove their promise by quoting verses and hadiths. Another point is that from the Shiite point of view, the validity of adequacy in marriage, as most Sunnis say, is rooted in the customs of the pre-Islamic era, and Islam not only did not approve of these customs, but also fought against them. Has arisen. Many hadiths narrated by the Sunnis themselves confirm this.

Language:
Persian
Published:
Journal of Quran and Medicine, Volume:5 Issue: 3, 2021
Pages:
131 to 140
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