نوع مقاله : مقاله پژوهشی
نویسنده
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
From the apparent meaning of Section 1046 of the Civil Code, it is inferred that the scope of the effect of foster-relationship is limited to prohibitions arising from blood relations. This means that each marriage that is banned due to blood relations is also void and unlawful in its foster equivalent. However, the extent of this effect is in question. The main issue discussed in this article is whether all kinds of foster equivalents of marriage are unlawful in the same way as their blood-relation counterparts are void, or whether it is possible to consider some restrictions such that there may be a case in which a blood-relation marriage is unlawful, but its foster equivalent faces no obstacle or prohibition. In other words, does the phrase “Anything that is banned by blood relation is also banned by foster relation” merely refer to explicitly unlawful cases mentioned in Islamic texts, or does it also include other unmentioned cases, even though there is no doubt about the invalidity of the same type of blood-relation marriage? The outcome of this research is the restriction and limitation of foster prohibitions to specific cases of blood-relation prohibitions. Hence, there are cases in which, despite the prohibition of a marriage by blood relation, the foster equivalent does not include that prohibition.
کلیدواژهها [English]
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