نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانش‌پژوه دکتری فقه خانواده، مجتمع آموزش عالی بنت‌الهدی، جامعه المصطفی(ص) العالمیه، قم، ایران./ عضو هیئت علمی گروه فقه، دانشگاه امام صادق(ع)، تهران، ایران.
2 استاد فقه و مبانی حقوق اسلامی، جامعه‌المصطفی العالمیه، قم، ایران. (نویسنده مسئول)
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
One of the manifestations of guardianship over a child is the execution of the marriage contract. Sometimes this marriage takes place for a short period of time and only for the privacy of a third party with one of the spouses. Due to the lack of intention to marry between the parties, as well as the possibility of not enjoying the child, as well as considering the theory of requirement of expediency, the temporary marriage of the child is a challenge. Some of them are as follows: Is such a marriage valid in terms of not intending marriage between the child and the other party? In terms of the purpose of enjoying a temporary marriage and the child's lack of ability to do so, is it correct to have a temporary marriage on a child with a limited term? Assuming that the answers are positive, can the excuse of privacy of the third party and one of the convicted persons provide the expediency? In this condition, to whom is the expediency determined, the child or his family? According to the fact that one or both of the spouses have a child, what is the criterion of expediency and who is the authority for determining expediency? Accordingly, the current research was conducted with the aim of investigating the validity or invalidity of child marriage with the intention of privacy of the third party and one of the marriage parties and answering the challenge in an analytical-documentary way. The data were collected and analyzed by following the sources, evidences and opinions of Imami jurists. The results showed that the authenticity of this marriage is problematic due to the lack of intention to marry and also according to the opinion of those jurists who consider the nature of temporary marriage to be only for enjoyment. Regarding the expediency and its consequences, the wisdom of the guardianship, the rational and legitimate way and the available narrative evidences indicate the centrality of the interest of ward and the focus on the protection of his/her interest, and the guardian is in charge of diagnosing it, taking into account the child's condition. Respecting the interest of the child in the marriage contract that is executed with this purpose and always faces crucial challenges, while the validity of the contract depends on the interest of the child.
کلیدواژه‌ها [English]
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