إProvision of the province in the marriage of a virgin girlJurisprudential and legal analysis of legal developments Article 1043 of the Civil Code

One of the disputes between the jurists is the issue of the permission of the compulsory guardian in the marriage of a grown virgin girl, which is enshrined in Article 1043 of the Civil Code. From the jurisprudential point of view, the principle is the lack of guardianship over the adult Rashid in financial and non-financial affairs. Regarding the "marriage" of a virgin girl, according to some jurists, the guardianship of the father and grandfather over the adult person is exceptionally fixed. From the appearance of the original text of Article 1043 and subsequent amendments, it appears that the legislator, deviating from the famous saying of the Imami jurists, has chosen the promise of "sharing the will" of the daughter and the guardian. The present article, which is organized with the aim of examining the legal developments of the mentioned article, analyzes the sayings of jurists and jurists using jurisprudential and legal sources and descriptive-analytical method. The author, according to the jurisprudential evidences and the principles of the sayings of the jurists, has taken the promise of not proving the guardianship of the father and grandfather among the five sayings and believes that the marriage of a grown virgin girl without the permission of the guardian is valid. The most important achievements of the research are: the lack of proof of the guardianship of the father and grandfather in the marriage of a virgin girl; Fall of the province in case of deterioration of virginity due to legitimate vat.