A New Approach in Determining the Boundaries of Intervention in the Marriage of a Virgin: Explain the scope of support and involvement

فقه و اصول (Fiqh va uṣūl)

Articles in Press, Accepted Manuscript, Available Online from 26 February 2024   

Document Type: Original Article

DOI: 10.22067/jfiqh.2024.81532.1558

Authors

Saeed Siahbidi Kermanshahi^{* 1}; Amirabbas Askari²

¹Ph.D. in Private Law, Faculty of Law and Political Science, University of Tehran,

²PhD in Private Law / Faculty of Law and Political Science / University of Tehran / Tehran / Iran

Abstract

According to Article 1043 of the Civil Code, the marriage of a grown virgin girl at any age and in any situation is subject to the permission of the coercive guardian. There are many disagreements in jurisprudential sources regarding this ruling; Therefore, it is necessary to consider that according to the basis of the legislation, it is necessary to obtain permission, but in the marriage of girls, this permission must be obtained in all cases, or can a distinction be made between girls in terms of need or lack of support? Studies show that the issue of permission is a protection order for an inexperienced girl. This support is for people who need support; That is, they are the same people who have not yet achieved the independence and ownership of their own affairs, and otherwise the obligation to obtain permission for an independent girl (the owner of her own affairs) is no longer a protection but rather an intervention; Because such a person does not need support. In view of this, it is necessary to exclude some girls from the scope of the ruling on obtaining a permit, considering the current facts of society and following the views of later jurists, according to the criteria of age, occupation and independent housing.

Keywords

virgin girl; guardian'; s permission; support; intervention; independence

References