آراي فقهاي اماميه و اهل سنت در ولايت بر ازدواج باكره ي رشيده و تطبيق آن با حقوق موضوعه ايران

The Imamiyyeh Jurisprudencial and the Sunnite Views on The Gurdianship in the Cubile Girlʹs Marriage and Its Conformity with the Imposed Law in Iran

According to the Islamic jurisprudence, the principle of guardianship in marriage-tie is taken for granted and there is a concensus with the jurists in all Islamic schools of thought. In addition, the Imamiyyeh and the Sunnite jurists agree on the deputy for the unmatured female. The present paper seeks to deal with the guardianship upon the matured sane virgin on which the jurists hold different views. In general, the statements of the Imamiyyeh jurists can be summed up in five viewpoints, one of which is the independence of the cubile girl in marriage. Also,among the Sunnite jurists, Abu Hanifeh diagrees on the deputy for the mature brave girl in marriage. He believes that she is free and independent in marriage, whereas the Maleki, the Shafe, ee and the Hanbali jurists maintain that the guardianship for the cubile brave girl is true. The Civic Law in Iran considers it obligatory for the father or the grandfather of the mature virgin in marriage tie.