Comparing Children’s Rights Born From Temporary Marriages and Emerging Patterns of marriages from the jurisprudential sects perspective
- Author:
- Masoomeh Savari
- Level:
- Master
- Subject(s):
- Fiqh religions
- Language:
- Farsi
- Faculty:
- Faculty of Islamic Denominations
- Year:
- 2015
- Publisher:
- URD Press
- Supervisor(s):
- Hossein Rajabi
- Advisor(s):
- Seyyed Mohsen Fattahi
The present thesis under the heading “children’s rights born from temporary marriages and new marriages from the schools of jurisprudence point of view, have the intention to study opinions of the Jurists of the five religious schools about the children’s rights born from these marriages.Temporary marriage is called the Nikah mut’ah in Imami, and new marriages are marriages that has been appeared nowadays in Muslim societies and are rapidly expanding in some countries such as: Misyar marriage, customary marriage, secret marriage, civil marriage, Friendly Marriage, white marriage, Maataty and jihad al-nikah. Imami scholars believe that temporary marriage is valid, but Sunnis consider it void. Shiite and Sunni jurists are unanimous that children born from permanent, void and misapprehended consummation receive right and also whoreson lineage is not constant and according to religious law the rights does not belong to them, but according to Imami’s common law they could receive right .So in order to identify the children’s rights born from these marriages we should know how these marriages are categorized. This research by examining the opinions of jurists and taking advantage of jurisprudential texts of denominations is going to find a solution for those who have tendency towards new marriages and are unaware of the rights of their children.