jurisprudence commitment to childbearing

نویسندگان

نسرین رهنما

کارشناس ارشد فقه و مبانی حقوق اسلامی دانشگاه قم عبدالله امیدی فرد

استادیار دانشکدۀ الهیات و معارف اسلامی دانشگاه قم

چکیده

in the family system bringing child is a major challenge of wives in the modern time. there is no disagreement among imamites (shi,as) jurisprudents about this issue that bringing child has no legal nature and is not considered a natural requirement of marriage contract. sometimes wives have different views about bringing child and this makes them worried and upset. one way to lower these concerns is that wives make bringing child a binding guarantee; in such a case the parties to the contract has no right to violate this binding condition and in the case of violation, litigation is the only legal solution. comment on this article jurists about childbearing(estilad) as well. the first expression of one of the purposes of marriage from the perspective of verses and hadiths  that childbearing and survival is the generathion evaluated، then a brief reference to the position of the child in yat. v tradition، the next requirement was nature and refers to marriage and in the view of scholars have expressed about having children. it was concluded that having children was a religious nature and requirements of each application of the marriage، but couples can be provided in the contract or collusion on the territory of childbearing marriage and the requirement guarantee backed apr legal turn

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پژوهش های فقهی

جلد ۱۱، شماره ۳، صفحات ۶۴۹-۶۷۰

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