in view of the scholars of jurisprudence and islamic law, considering any condition at the time of marriage contract having the public conditions of appropriateness will be acceptable. now this question is raised concerning the wife considering the condition of “limited fixity” at the time of marriage contract. the answer to this question requires the investigation of identity and the demand of...

the contract of marriage is the most important contract which a person may conclude during his or her life. as women are vulnerable and their commitment to the marriage is very tight, iranian legislator should protect women on the conclusion of marriage contracts in three stages; before age of puberty by prohibiting any marriage, after age of puberty but before attaining majority by judicial su...

having child in family system is a serious challenge in the current era. there are different views about it among jurists: 1) having child is not as a religious identity and inherent appropriateness of marriage contract. 2) having child is a part of absolute appropriateness of marriage contract but this right is only dedicated to woman. 3) having child is not as a religious identity and part of...

according to civil law and shia fiqh, unauthorization is a phenomenon involved in various contracts including marriage. studies on unauthorized transactions tried to reveal the conditions of authorization, principal and authorized marriage so that principal plays no role here or is influenced. fiqh and law textbooks indicate that role of principal's intention fades gradually and are largel...

Marriage used to be practically universal, but now persists as an institution for only some groups, while others choose non-marital fertility. This paper posits that if one role of marriage is to insure one partner's investment in children, then home-ownership can be seen as providing the necessary "collateral" for this contract. As easier divorce and paternity enforcement outside of marriage h...