عنوان مقاله [English]
نویسنده [English]چکیده [English]
The nature of social institutions and their relationship to human wills are important issues in the study of the humanities; The main question of this research is the question of the nature of "contract" as a social institution and the relationship between the will of the interlocutors and this institution. There have been different theories and approaches about the nature of marriage throughout the history of Western law and the Islamic tradition of Imami jurists ;A review of theories shows that jurists have defined marriage in various ways, these definitions have a historical course and have undergone changes. Some have defined marriage as a "verbal matter" and some have defined it as "composition" and others have defined it as "relevance". he hypothesis of this research is that in all these definitions, a fundamental issue has been ignored and that is the lack of distinction between the concept of "contract" and "contract formation. In these definitions, the contract is not considered as a social institution. In other words, marriage in two senses can mean us, firstly as a nature and social institution in Imami jurisprudence derived from the will of the Shari'a and its nature is discovered by the jurist, and secondly as a practical agreement between two human wills to join the existing religious framework. It already is.