كليدواژه :
نكاح , اذن ولي , ولايت , رشيده , دختر باكره
چكيده لاتين :
Various opinions are expressed about the impossibility of the marriage of virgin mature girl without the permission of her compulsory custodian. Clause 1043 of Iranian civil law, too, clearly specifies the necessity of the custodianʹs permission for a virgin girlʹs marriage. Some jurisprudents believe in the differentiation of temporary and permanent marriages, many are cautious in this regard, and other jurisprudents, including some the present Marjaʹs, do not consider the permission of the father for the marriage of girl as necessary. Thus, this clause is against the views of some Shiite jurisprudents who are Marjaʹs for many people. Now, if a girl who follows such Marjaʹs gets married with the permission of her father, the law considers her marriage as unlawful. The paper is to study this problem. Thus, the paper studies the views of previous and contemporary jurisprudents, compares the views of jurisprudents and Marjaʹs with this clause, and explains the legal and criminal implications of following the views of such Marjaʹs which are against this clause. At the end, the paper proposes legal suggestions to solve such problems.
