مباني فقهي و بحث حقوقي اذن ولي در نكاح دختر بالغه رشيده

Permission of a Parent in the Marriage of an Adolescent and Mentally Mature Maiden Girl A Survey on Juristic Principles and the Legal Discussion

Permission along other unilateral legal acts has a specific place in religious jurisprudence and consequently in civil law, thus it is used in different juristic and legal discussions. Considering the significant role of permission in legal and social relationships of individuals, the issue of marriage in religious jurisprudence and civil rights questions the validity of permission of a parent in the marriage of an immature girl or boy and also in the marriage of a maiden girl. Thus the answer to such skepticism brings about various orientations in juristic and legal discussions. A child cannot be the stipulator of a coupling because of her absence of eligibility. There are different opinions about whether this can be argued for adolescent and mentally mature maiden girl and a lot of jurist consults are completely against it and argue that she should have complete independence in this matter, while some of them are in favor of dependence of the maiden girl and also the continuation of natural guardianship of her father and grand father. However there are some who have provided interim opinions. This article conducts a comparative survey on Sunni and the jurist consults of Shiite religion in order to probe into their juristic principles while presenting arguments for the necessity of permission of parent for marriage. It is concluded that in Shiite there is no juristic necessity for the permission of a parent. Never the less concerning legal matters, besides accounting for the views of juristic consults, the legislator has to consider the social interest and necessarily he is not obliged to pass a law in accordance to famous juristic point of view regarding all issues. Regarding permission in marriage the legal dimension is considered and not the canonical dimension