Document Type : Original Article
Authors
Shahid chamran university of ahvaz
Abstract
Inrecent years, Islam's point of view regarding the permission to marry minor girls has been one of the issues raised among researchers as well as at the public level and cyberspace; In the meantime, it is suggested that Islam allows the marriage of minor girls by a guardian without any restrictions and these laws are based on the principles of human rights or derived from secondary titles which, considering the rights of minor girls, their marriage They prohibit intellectual and physical growth until they reach the age. This perception can be considered as a doubt and a serious weakness in the Islamic legal school. In this article, this issue has been investigated with descriptive analytical method and collection of materials in library form. A special approach to the requirements of time and place in ijtihad and paying attention to objective aspects - not just subjective and abstract - regarding the concepts of expediency and corruption paves the way for presenting new opinions in this field. The result is that in the current era, according to the requirements of time and place, in this marriage, not only is there no benefit for the girl, but it is also corrupt; Therefore, the marriage of an underage girl is not allowed in the present era, except in rare cases where the guardian can prove the existence of expediency in the marriage of an underage girl in court.
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