نوع مقاله : علمی - پژوهشی
نویسندگان
1 گروه حقوق خصوصی و اسلامی دانشگاه تهران، تهران، ایران.
2 گروه فقه و حقوق، دانشگاه شهید مطهری، تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The accurate explication of the essential requirements of the marriage contract, which also leads to the identification of conditions contrary to its essence, is one of the challenging issues in family law and Islamic jurisprudence, with significant implications for the institution of family and spousal relationships. Given the prevalent distinction among jurists and legal scholars between the essence and the unrestricted scope of the contract’s requirements, there has been a consistent effort by researchers to identify instances of essence and unrestricted scope and to clarify their conceptual differences. The present study, in light of the conceptual inadequacy of the conventional approach, examines the condition prohibiting sexual intercourse and the perspectives of proponents and opponents of its invalidity. By adopting a fresh perspective on this condition and its place within the essential requirements of the marriage contract, and by distinguishing between the essence of the contract and the essential effects of the marriage contract, the study demonstrates that, from the viewpoint of societal norms . sexual intercourse is an essential effect of the marriage contract, and thus, a condition contrary to this effect is deemed invalid.
کلیدواژهها [English]
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