Volume 5, Issue 3 (2020)                   2020, 5(3): 131-140 | Back to browse issues page

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Identifying the Issue of Human Dignity in Jurisprudence and Iranian Law with a Quranic Perspective
Saleh Farhadi Ajorlo1 , Abollhasan Mojtahed Soleimani 2, Sayed Ali Khazaei3
1- PhD Student, Department of Private Jurisprudence and Law, Kharazmi University Campus, Tehran, Iran.
2- Assistant Professor, Kharazmi University, Tehran, Iran (Corresponding Author) , a.m.soleimani1400@gmail.com‬
3- Assistant Professor, Kharazmi University, Tehran, Iran.
Abstract:   (1487 Views)
Adequacy in marriage does not have a single meaning in the science of jurisprudence, but in each of the topics of marriage has a special meaning that is different from its meaning in other topics. According to each meaning, attributes and features are valid in it that are not valid according to other meanings. In this article, we will see from the point of view of different religions what criteria are valid in adequacy and what are the effects of observing or not observing adequacy in marriage. We also express the positions of Shiite jurists on their views in this regard. In this part of the article, several important points are pointed out: One is that some Shiite and Sunni jurists on the issue of adequacy, give relations to each other that do not correspond to the reality of the matter. Another is that Shiite jurists believe that most of the things that the Sunnis consider valid in sufficiency are not valid in sufficiency, and many Sunni elders agree with the Shiites in this regard. Imami jurists, after declaring the reasons cited by the Sunnis as weak, prove their promise by quoting verses and hadiths. Another point is that from the Shiite point of view, the validity of adequacy in marriage, as most Sunnis say, is rooted in the customs of the pre-Islamic era, and Islam not only did not approve of these customs, but also fought against them. Has arisen. Many hadiths narrated by the Sunnis themselves confirm this.
Keywords: adequacy, human dignity, imitation, Quranic jurisprudence
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Type of Study: Research | Subject: Special
Received: 2020/08/18 | Accepted: 2020/10/22 | Published: 2020/12/20
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