The jurisprudential reflection in cases of necessity granting equal suitor by warden of girl

Undoubtedly the marriage is one of the paramount events in life of each person and socialogically it can be the foundation of a safe and successful society. Regarding this, it is crystal clear that choosing a proper spouse is really important because a successful marriage can pave the way of maturation, physical and moral development. On the other side choosing improper spouse brings about disillusionment and mental and psychological problems and causes both the person and the society numerous problems. Meantime, the Sharie’s effort to marriage issue and presentation of appropriate criterions is not denyed by anyone. However, what makes writing of this paper very important is the famous fatwa between Emami jurisconsultants that on assumption existing a proper proposal, the girl is obligated to accept this request and if she refuses the proposal, she will commit a sin. Due to the importance of the case and also the probability of being pushed under corruptive acts, this article following a problem-based research through descriptive analytical method referring to jurisprudential legacy cash the jurists’ documentation and with taint to validity of presented cases rejects this view. The writer believes that the result of proofs eventually authorization of granting the suitor that have a religious equality conditions, therefor by observing other preferences like common equality and with contemplate matters like level of education outward enjoyment, nonexistence of any special illness, we can act in this case.