Volume 16, Issue 3 (2012)
CLR 2012, 16(3): 75-98 |
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Dadmarzi1 S M, Mohaghegh Damad2 S M. A Comparative Study ofthe Nature of Marriage in IslamicJurisprudence and the Law. CLR 2012; 16 (3) :75-98
URL: http://clr.modares.ac.ir/article-20-8127-en.html
URL: http://clr.modares.ac.ir/article-20-8127-en.html
1- [1]. Ph.D. Student, Department of Private Law, Qom University, Qom, Iran
2- 2. Professor, Faculty of Law, Shahid Beheshti University, Tehran, Iran
2- 2. Professor, Faculty of Law, Shahid Beheshti University, Tehran, Iran
Abstract: (11020 Views)
In this paper, we clarify the nature of the legal acts in general, and the practical results of this discussion. Then we provide the context for a comparative discussion of the definition and nature of marriage in Islamic jurisprudence, Iranian law, some Islamic countries’ laws, and some western countries’ Laws, especially the United States, to show the essential elements used in the context of marriage. In this regard, we introduce a different model that represents the essence of marriage as a contract, status, institution, personal choice and finally, worship. The practical benefits of our selected Quran model in concerned with the set of rules governing marriage, have been taken in our attention. Recently, we have offered a new definition for marriage that seems to be proper for Iranian legal system.
* نویسنده مسؤول مقاله: Email: dadmarzism@yahoo.com
* نویسنده مسؤول مقاله: Email: dadmarzism@yahoo.com
Received: 2012/08/8 | Accepted: 2012/09/22 | Published: 2012/11/17
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