Volume 26, Issue 1 (2019)                   AIJH 2019, 26(1): 69-85 | Back to browse issues page

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Shakeri T. A New Reading of Marriage Phenomenon in Islam based on its Institutionalization. AIJH 2019; 26 (1) :69-85
URL: http://aijh.modares.ac.ir/article-31-41467-en.html
Tarbiat Modarres University, Tehran, Iran , t.shakeri@modares.ac.ir
Abstract:   (3192 Views)
According to historical sources, socio-cultural conditions governing the post-Islamic society lacked moral foundations in the domain of rights, especially family rights. Now, if we claim that morality is the foundation of Islamic law, the claim for the signing of marriage contract and other legal institutions needs serious reflection, and cannot be in line with the current realities of the Islamic society. From this, one can only claim to have signed the form of this institution as a covenant and consider its related juridical bases and principles to be established by Tom. With the new readings based on its institutionalization and its acceptance give way to the innovation in judgments and provides the ability to adapt to time and place in the best possible manner in different periods. Accordingly, this research uses descriptive-analytical method and library tools to provide a new explanation of family through juridical and legal essence, contrary to the famous jurisprudential sayings and proves the institutionalization of marriage based on the two principles of ethic and chastity and considers marriage as institutionalized in terms of contract, principles, rules and behavioral nature.
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Article Type: مقالات علمی پژوهشی | Subject: Arts and Humanities (General)
Received: 2019/07/29 | Accepted: 2019/12/14 | Published: 2019/09/11

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