Child spouse and the resulting spiritual damage from the perspective of Fiqh and law

The spouse child, as a social phenomenon, needs Fiqhi and legal research. This phenomenon has its own instances in each era and society based on different approaches; In Imami Fiqh and Iranian law, the marriage of a girl before the end of nine lunar years and a boy before the end of fifteen lunar years is considered a child marriage; However, in civil law amendments, this age for girls has reached thirteen. Of course, from a customary and social point of view, ages higher than those mentioned may also be considered as examples of a spouse child. The aim of this study was to find an answer to the question of what is the position and rulings of the child of a spouse and the resulting moral damages in Imami Fiqh and the subject law of Iran. In order to reach the answer to this question, descriptive, analytical and documentary study methods have been used and different axes of moral damages of the spouse child, such as reasons for permission or non-permission of the spouse child, ways to prevent moral damages in the spouse child, evidence and ways Compensation for moral damages caused by this phenomenon has been studied and analyzed in Fiqh and law in this research. The findings of the study indicate that the initial Shari’a ruling on a child spouse is permissible with the intervention of a coercive guardian, but this legitimacy is limited to matters such as envy by the guardian of the child. According to the findings of this study, the moral damage caused by the child of the spouse may be due to such things as the soul of the minor marriage, non-observance of envy by the guardian, the enjoyment of the husband or wife by his younger spouse. In order to prevent the occurrence of such damages, strategies such as narrowing and limiting the guardianship of the compulsory guardian, limiting the authority of the man, obliging him to use the institution of condition and providing and training measures of Fiqh and law are used. The findings of this study also show that there is validity for compensating the moral damage of the child of the spouse of Quranic evidences, and in law, some legal materials deal with compensating this type of damage; In this regard, solutions such as the obligation to pay financial damages through equivalence, the obligation to apologize to the spouse and the creation of appropriate criminal guarantees to compensate for moral damages in Fiqh and law can be provided.