The Position of Aryan Marriage Contract in Islamic Family Jurisprudence System

Document Type : Original Article

Authors

1 Assistant Professor, Department of Jurisprudence and Fundamentals of Law and Thought of Imam Khomeini (RA), Research Institute of Imam Khomeini and the Islamic Revolution, Tehran, Iran.

2 Ph.D. Student, Department of Jurisprudence and Fundamentals of Law and Thought of Imam Khomeini (RA), Research Institute of Imam Khomeini and the Islamic Revolution, Tehran, Iran.

Abstract

As Islam emerged and spread in Iran, many Iranian customs and traditions underwent serious changes in personal and social relations. The marriage contract is one of the social contracts that have taken a new form due to these changes. However, in recent years, some young Iranians returning to their previous traditions replaced the shar‘ī marriage with a new marriage called “Aryan marriage contract” (aqd-i āriyā’ī) to set their marriage bond. After a while, due to the belief that it is illegitimate, it was banned in marriage offices. Using the analytical descriptive method, this article explains and analyzes the content of this contract and its legitimacy based on the teachings of Islam. Through reading this article, it would be clear that the mere emergence of the Aryan marriage contract and some differences in the appearance of its implementation with the shar‘ī marriage are not considered as proof of its illegitimacy; this contract enjoys the basic elements of creating a marriage bond in Islam, that is, it is correct and legitimate

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Comparative Studies on the Schools of Jurisprudence and its Principles
Volume 6, Issue 1 - Serial Number 10
Publisher
May 2023
Pages 184-162

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