ازدواج باكره رشيده و ولايت پدر از منظر فقه اماميه

Fatherʹs Authority over the Marriage of His Adult Girls in the Light of Shiite Jurisprudence

Shiite jurisprudentsʹ views on the fatherʹs authority over the marriage of his girl are different. Most of the jurists are of the opinion that she is autonomous in this regard. On the contrary, some argue that the marriage affair is in the hands of her guardian. Still others have adopted the view that both of them must share in the decision. Iranian Civil Law has not accepted the not-ever-married adult girlʹs autonomy. This paper, however, relying on the holy verses and authoritative traditions as well as on the fundamental principles of usul-e figh agrees with the girlʹs independent authority in marriage.