نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه آموزشی فقه و حقوق اسلامی، دانشگاه شیراز، شیراز، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Objective: From a jurisprudential perspective, marriage is in itself recommended, but considering the secondary titles, it can be applied to the five obligatory rulings. One of the cases where marriage is obligatory as a secondary title is committing a sin or fearing committing a sin due to not having a spouse, which is agreed upon by later and contemporary jurists. In the present study, the sufficiency of the aforementioned secondary title for the obligation of marriage was examined.
Method: This research was conducted using a descriptive-analytical method with a critical approach. First, the historical course of the issue in jurisprudential works was examined, then the evidence for necessity, non-necessity, and the requirements of practical principles were examined.
Results: Studies indicate that the evidence presented on the obligation of marriage in the event of committing or fearing committing a sin is not sufficiently credible. Also, consideration of the individual and social effects and consequences of marriage without favorable conditions, especially at a young age, distorts the application of the ruling on obligation. In the event of the absence of valid evidence on obligation, the practical principle of acquittal applies.
Conclusions: In the present study, based on the authority of reason as one of the reliable sources of jurisprudential inference, and considering the obligations of permanent marriage for couples, as well as the individual and social corruption resulting from a marriage that is concluded only with the aim of suppressing instinct and without observing the desired conditions, and also reflecting on the verses of the Holy Quran, the theory of the non-obligatory nature of marriage in the event of committing or fearing committing a sin was presented as a defensible viewpoint.
کلیدواژهها [English]
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