Document Type : Specialized Article
Authors
1 Faculty Member of Shahid Beheshti University
2 Master of Private Law
Abstract
With introduce the nature of marriage contract should determine that what requirement, purpose and substance of marriage are. Thereafter, with verifying that sexual reproduction is right or obligation, we can discuss about encompassing or not encompassing of lack of sexual reproduction condition under “The believersin their own terms” Legis. Marriage has direct nation in contract and indirect nation in coition and marriage’s purpose is tranquility of spouses. And sexual reproduction is just one of its results not its target. What is excluded and forbidden in “The believersin their own terms” cabbala is condition ofthe legalization or not mustahabb. this condition is contrary to quran and Tradition.Suchlegislationis not conditional on there quirement that the conditionis notcorrect. Accordingly, we can provide the marriage including temporary or permanent marriage to lack of sexual reproduction condition. And this condition hasn’t any contradiction with law-islamic and local-law.
Keywords
الف. فارسی
ب. عربی
نوری، حسین (1407ه.ق)، مستدرک الوسائل و مستنبط المسائل، قم: مؤسسه آلالبیت (ع)، ج14