A critique on Shari'i tricks of marriage and the challenges ahead

Articles in Press

Document Type : scientific

Authors

1 Professor of Foreign Jurisprudence and Principles of Mashhad Seminary and Assistant Professor of the Department of Fiqh and Fundamentals of Law, Razavi University of Islamic Sciences.

2 Associate Professor, Department of Fiqh and Basics of Islamic Law, Razavi University of Islamic Sciences

Abstract

The use of sharia tricks in various chapters of jurisprudence such as purity, marriage, divorce, sale, rent, etc. as a means to get rid of committing haram in order to reach the desired halal and pass through sharia bottlenecks has always had supporters and opponents and some of them It is forbidden and some have allowed it. Now the problem is how to make the obligee act as a means to reach his goal and have an effect on it. The present research, using descriptive-analytical method and using library sources, has investigated the most important sharia tricks related to marriage, which have not been discussed and analyzed independently, substantiated and comprehensively so far, and based on the verses, traditions and rulings of reason, it came to this conclusion. It has been established that a person does not become an apostate by declaring apostasy, without heart denial, and by marrying a minor for the purpose of intimacy with her mother, intimacy is not achieved, and with the condition of annulment of the marriage after analysis, the marriage is not annulled, and in the case of creating an obstacle to marriage for A man with a woman he likes, although it has an effect, but in some cases it is forbidden to use it.

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Main Subjects

Civil Jurisprudence Doctrines

Articles in Press, Accepted Manuscript
Available Online from 04 January 2025

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