نوع مقاله : مقاله پژوهشی
نویسندگان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Mu’atat marriage is a marriage contract without the special wording, in which a certain action proves the marriage takes place, while adultery is an intercourse without any contract. Mu’atat marriage means when some action which is conventionally considered as a sign of marriage serves as a basis to establish the marriage. Although most Fuqaha consider the special wording only a means to a lawful marriage, they have regarded Mu’atat marriage as invalid. They sometimes believe that it amounts to adultery and sometimes refer to the general consensus in this respect. However, it seems that the major reason is the lack of a publicly accepted action which stipulates the marriage, and the consensus and caution which have caused most Fuqaha to consider the wording so crucial to marriage are just because of the fact that the explicit wording clearly indicates the will to do an action. The present study has examined and analyzed the relevant reasoning and thereby concluded that Mu’atat marriage matches the rules and differs from adultery. The principles of a lawful marriage also confirm it. Nevertheless, it needs conventionally acceptable evidence. Conventionally, the marriage ceremony greatly contributes to the authority of society and family and distinguishes a lawful marriage from an unlawful one.
کلیدواژهها [English]
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