Document Type : Scientific research
Authors
1
Corresponding Author, Assistant Professor, Department of Family Therapy, Women Research Center, Alzahra (PBUH) University, Tehran, Iran.
2
PhD Student, Women Studies, Department of Women Studies, Tarbiat Modarres University, Tehran, Iran.
3
PhD Student, Islamic Jurisprudence and Basics of Islamic Law, Department of Islamic Jurisprudence and Law, Imam Sadiq (PBUH) University, Tehran, Iran.
Abstract
In Imamate jurisprudence, temporary marriage is a jurisprudentially legitimate agreement with its expediencies, benefits, terms and conditions, and consequences, including the fact that the male party is not required to meet the financial and emotional needs of the female party. A lack of codified explanation of the limits on permissibility of temporary marriage has led to the possibility for playing upon the agreement’s absolute jurisprudential legitimacy, which in turn has engendered some negative publicity. It is why various Islamic and non-Islamic countries and organizations such as the Organization of Islamic Culture and Communication has called for determination of the boundaries of temporary marriage. Using the analytic-descriptive method, this study tries to examine the possibility of providing criteria for giving or refusing to give permission for temporary marriage based on the indicators of Islamic lifestyle; and through collecting data with the documentary research method, it has delineated the areas where, and the criteria according to which, temporary marriage is in or out of line with Islamic lifestyle. The findings show that temporary marriage cannot be given an unlimited permission, but can be codified in accordance with indicators of Islamic lifestyle, and in cases where the indicators do not allow temporary marriage, there needs to be restrictions on the permission. As a result, given the terms and conditions, criteria, and variation of the permissibility of temporary marriage, the laws and consequently the culture of Islamic society ought to be modified to get the function of temporary marriage fulfilled.
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