Documentary analysis of the theory of invalidity of a married child according to the fatwa of Ayatollah Makarem Shirazi

Esmaeili, Fatemeh; Safiri, Akram; Chitsazian, Morteza

doi:10.48308/jfr.2024.235077.1720

Documentary analysis of the theory of invalidity of a married child according to the fatwa of Ayatollah Makarem Shirazi

Document Type : علمی - پژوهشی

Authors

Fatemeh Esmaeili ¹

Akram Safiri ²

Morteza Chitsazian ¹

¹ Faculty of Jurisprudence and Law, Shahid Motahari University, Tehran, Iran

² Faculty of Jurisprudence and Law, Shahid Motahari University, Tehran, Iran.

10.48308/jfr.2024.235077.1720

Abstract

The issue of marriage is one of the most worrisome areas of jurisprudence, which necessitates the re-reading of jurisprudential views. Ayatollah Makarem Shirazi in the book Anwar al-Fiqahah, which is his advanced opinion, in line with the famous opinion of jurists and legal scholars, they believe that the lack of influence of a royal marriage requires corruption or lack of expediency; However, in a recent inquiry from him, the theory of nullity of marriages under the age of 13 was proposed, and this article is dedicated to examining this point of view. The collection of original data from jurisprudential and legal sources with a descriptive-analytical method has resulted in the findings that the most central proposition of the mentioned theory is the absolute nullity of the marriage of the nobles; According to the author, some of its possible criteria, such as: "the basis of the rule of the existence of a valid consent during the contract", "the interest of minors, the subject of the ruling on the marriage license under the age of 13", and "the ruling of the government regarding the said request" are valid grounds for are not counted, and with careful consideration in the poll

Keywords

Ayatollah Makarem Shirazi

marriage under the age of 13

married child

expediency

theory of nullity of state marriage

Subjects