Analyzing the role of ambiguities of the jurisprudential concept of growth in the unsuccessful reform of the legal age of marriage for girls

Document Type : Original Article

Authors

1 Jamia't al-Zahra(sa)

2 aaaa

Abstract

Although Imami jurists seem to agree on the lack of independence of idiots in marriage, their interpretation of growth and stupidity is not the same. Since "growth" means protection and reform of property as one of the conditions of the contractors in financial contracts is considered by the Shari'a and marriage occurs in the beginning with a non-financial nature, a key question regarding the relationship between "growth" and "marriage" is formed. Growth in marriage, in any sense, is different in the ways it is identified . It is also tied to legal and social issues in this field. Many of the efforts that have been made to amend the civil law regarding the age of marriage, which have remained fruitless, are rooted in the jurisprudential ambiguities of this issue. This article, which uses narrative and jurisprudential sources in an analytical way, proves the hypothesis that for most late jurists, growth in marriage means the necessary intellectual growth in choosing a spouse and starting a family; Not the character of maintaining the property. Clear presentation of the concept, intended by the jurists, of the condition of growth in marriage ends many social problems that lead to the enactment of civil laws without a guarantee of adequate implementation and sometimes inconsistent with Imami jurisprudence.

Keywords

Main Subjects

Civil Jurisprudence Doctrines

Articles in Press, Accepted Manuscript
Available Online from 18 October 2023

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