Exploring the jurisprudential aspects of marriage | Fars news

According to a Fars News Agency cinema reporter, recently on the sidelines of one of the press conferences of the 40th Fajr Film Festival, one of the writers of the films presented at the festival said in a thoughtless statement in front of reporters when asked about the film’s story: Which arises from this relationship is Halalzadeh. In this regard, it is worth mentioning a few points that, firstly, when directors present a specialized story in their film, such as giving one of the actors the role of surgeon, pilot or other occupations, they must consult with the relevant consultant, for example in the field of medicine or military affairs. This role is closer to reality and they can not present sentences from the language of a pilot or a surgeon based on their imagination, which has no place in the culture of piloting or in the culture of surgery.

Similarly, if the story of the film wants to express jurisprudential issues and Islamic rules, the director and writer better and more accurately consult with an expert religious expert so as not to raise issues that contradict the rules or beliefs of our religious community. In this regard, it is necessary to refer to the book Al-Lama’a al-Damasqiyya by the author Muhammad ibn Jamal al-Din Maki al-Ameli (related to the first martyr who died in 786 AH).

In this book, the three words “husband” or “marriage” or “marriage” for a woman and “acceptance of marriage” or “acceptance of marriage” are usually used to accept a man. We accept one request, the request is from the woman and the acceptance is from the man. It is not enough for two people to be satisfied to live together, it does not create any obligation for them, and it must be read in the word of acceptance, the question is what should they say? And in what word should they say?

The fatwa of the first martyr is to say “your wife” means a woman to say that I made you my husband or to say “you are married” which means I got married to you and they also bring a third word. , This mut’ah is usually said in a non-permanent contract, that is, a concubine, provided, of course, that it also mentions the term.

If both the husband and the wife originally perform the conjugation, first the wife says: He says (I accepted and enjoyed myself in the known period on the known seal) I accepted.

Therefore, as the first martyr in the famous book of Lameh, which is the basis of many books of rulings, has easily stated that marriage is a marriage that must have two parties, the female side of the concubine must say yes and the male side must accept the concubine. And also stated that it is not permissible to speak other than Arabic. Therefore, if someone is not fluent in Arabic, he must get a lawyer and his lawyer must speak these words on behalf of the woman or the people. , Must allow with the permission of the guardian, ie the father, or in the absence of the father, grandfather and above.

Therefore, the statement of the author who says that as soon as there is love between two people is enough, it can not be justified, because then the question arises as to what is the difference between marriage, which is a sacred and good thing, and illegal work, in which consent also happens. There are two sides, it will be. From the jurisprudential point of view, some contracts, such as the contract of purchase and sale of goods, do not need to be said, and as soon as the customer buys and likes the goods and pays the price, the contract of purchase and sale takes place, but in the case of marriage, the above sentences must be mentioned. It should be said that mere satisfaction of the parties is not enough at all.

In this regard, most jurists and authorities do not accept the imitation of the contract of marriage in the matter of marriage. Only in very exceptional cases, in order to be doomed, are they allowed to accept it as a contract if the parties have passed the said formula between them.

However, what is the basis of cohabitation is the agreement of the parties, which is achieved by the coordination of the wishes of both parties. But is not the intention of the parties to this treaty an obligation and adherence to it, and is it enough to make a temporary choice for a common life? When two people choose each other for a life together to live together with love and affection, a firm covenant and harmony combined with obligation and commitment occurs, which they call commitment. The purpose of the contract is to keep this treaty and agreement and create a series of legal effects, not just a friendly and moral promise. To start living together, a firm covenant must be made, a covenant that requires even the support of the law and the courts.

This esoteric will and their true desire is an inner and carnal thing and has no effect on the world of law alone. In order for the agreement of the two wills to appear, it must be announced in order to clarify their inner intentions and to rule accordingly when a dispute arises. In short, the marriage contract is a contract and obligation to form a family and commit to love and fidelity to it. But do all those who claim love and loyalty really love? If someone is in love at some point in time, what reason is there for them to stick to it for the rest of their lives or for the rest of their lives? Most importantly, is it enough to just love each other in the life of a couple, or is a series of obligations, rights, and duties necessary for this institution of love? In order to express these obligations, as well as the possibility of legal protection, if one of the parties intentionally or unintentionally neglects or violates, this love and loyalty and conscious choice must be declared in the form of words, which is a means of expressing the will. The words that express the real will of the parties vary according to the type of contract, but this is a credit that has a specific form in each legal system.

In the final analysis, marriage is one of the great deeds that requires commitment and responsibility, and it is clear that the wise use the contract in great deeds, such as making great deals, and are not satisfied with the consent of both parties to the transaction. They do not consider the requirements in such matters important and believe that the consolidation of these obligations will be achieved in the form of a contract.

Therefore, it is important to note that directors and writers of cinematic or theatrical works, if they want to express exceptions or specializations in any field in their film story, they must consult with the relevant expert in that field so that they do not make obvious mistakes, especially when there are exceptions. Which exists in the Shari’a rulings like all other occupations.

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