Conditions of Having or not Having a Child after Marriage Based on Fiqh and Law

Document Type : Research Article

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Abstract

One of the challenging issues for young couples, sometimes leading to deep and harsh differences and arguments between the two parties, is the problem of having a child or not. The major question in law is whether having a child is a consequence of marriage—whether each marriage by itself has such a consequence—or whether marriage has no such consequence per se unless the condition of having a child is mentioned in the marriage contract and the relevant documents. There exist two ideas and theories. First, having a child is the consequence of marriage by itself, and if the couple do not want to have a child, it must be mentioned in the contract, whether expressed or implied. Second, marriage by itself does not have the consequence of having a child unless it is stated in the contract, whether expressed or implied. The present article, with an approach toward fegh and law, tends to prove the theory that although marriage by itself has no consequence of having a child, each marriage, based on the term implied in act, has that consequence. In other words, it is not necessary to express it in the contract, but normally having a child is a term implied in act unless not having a child is mentioned in the contract, whether expressed or implied.

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History

  • Receive Date: 11 April 2015
  • Revise Date: 14 June 2015
  • Accept Date: 29 June 2015

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