shaban haghparast; kourosh kaviani; hamed kahvand
Abstract
The question of validity of the legal rule is one of the original questions in the legal schools dealt with a variety of responses. This article aims to explain the process of establishing legal rules in the Permissible area. The main issues addressed in this article are: What is the nature of the permissible ...
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The question of validity of the legal rule is one of the original questions in the legal schools dealt with a variety of responses. This article aims to explain the process of establishing legal rules in the Permissible area. The main issues addressed in this article are: What is the nature of the permissible area, why is there the Permissible area and how to adopt a legal norm? These issues have been evaluated in this article through descriptive and analytical research methodologies. Permissible area is an area in Islamic Sharia Law in which legal rules are established through the rational method and they are based on the concept of "expediency". Although the legal rules have a hypothetical nature, they are not pure hypothetical rules. Regardless of whether the legal rules are based on a hypothetical or real nature, "ultimate cause" could explain the connection between real proposition and legal rules. The advantage and disadvantage of the criterion of the legal rules depends on whether they are appropriate or inappropriate for the expediency". Religious interests, including the expediency of binding ordinances, the goals of religion and ethical issues, are among the issues that should be considered by the legislator in the process of legislating in the Permissible area.
Shaban Haghparast; Samad Yousefzadeh
Abstract
The debate as to whether it is necessary to have the gardener’s permission for avirgin girl marriage has been a controversial subject for many years. This issuehas led the legislator to establish three aspects considered by Article 1043 of theIranian Civil Code. The differences relating to these ...
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The debate as to whether it is necessary to have the gardener’s permission for avirgin girl marriage has been a controversial subject for many years. This issuehas led the legislator to establish three aspects considered by Article 1043 of theIranian Civil Code. The differences relating to these three aspects raise thisquestion: Is it principally necessary to have permission of the girl's gardener,before or after the marriage, in order for formal marriage to be treated as trueor false? If the answer is negative, what is the meaning of the first part of thisArticle adopted in 1991? Does the marriage of virgin girl that reached thepuberty age require her gardener or her father grandfather’s permission? Tothis end, the necessity of not having the virgin girl’s gardener permission, nomatter before or after marriage, existed in the nature of marriage. The virgingirl gardener’s permission is legally for registering the marriage. Thegardener’s right to end her daughter’s marriage by terminating the marriage ordivorce through her daughter’s request is an approach which is to beconsidered in this article by analysing it as the legislator's view.