Reexamining of the obligation of marriage in case of committing sin or fear of committing sin

Document Type : Original Article

Author

Assistant Professor of the Department of Quranic Sciences and Jurisprudence, Shiraz University

Abstract

Objective: The well-known stance among jurists is that marriage is inherently recommended (mustahab), but can be subject to the fivefold injunctions based on secondary titles. One case of its obligation is the commission of sin, or the fear of committing sin, due to the absence of a spouse, a position endorsed by later and contemporary jurists. From the general application of this principle, it is understood that the occurrence or fear of sin is sufficient to obligate marriage. Given that permanent marriage imposes duties on both man and woman, and a successful marriage requires various conditions such as responsibility and financial ability, this research investigates whether the mere commission or fear of committing sin is sufficient for the obligation of marriage, or whether other conditions must also be considered.
Methods: This inquiry is organized using a descriptive-analytical-critical method and by referring to library and electronic sources.
Findings: The present essay deems the arguments presented for the aforementioned theory—such as the general application of Quranic verses and the principle of the obligatory means (al-muqaddimah al-wajibah)—to be debatable. In light of the authority and validity of reason as a source of jurisprudential rulings, considering the individual and social consequences and corruptions of a marriage undertaken solely to quench lust without regard for other conditions, and also by considering the totality of Quranic verses, the research finds the theory of non-obligation of marriage to be justified.
Conclusion: The conclusion of the research justifies the theory that marriage is not obligatory in the mentioned circumstances.

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