نوع مقاله : مقاله پژوهشی
کارشناس ارشد فقه و مبانی حقوق دانشگاه حکیم سبزواری
عنوان مقاله [English]
Marriage is the establishment of a marital relationship between a man and a woman and, like other contracts, accepts conditions set by the parties. Each condition in a classification can be divided into true and false conditions. Imami jurists agree on the definition of the correct and false condition; But they have problems in determining its examples. So that some people consider the condition of non-remarriage of the couple or the condition of disobedience to be correct and believe that it does not contradict the conditions of validity, but others consider the two conditions as contrary to the book, tradition and requirements of marriage and consider them invalid. .
The jurists of the Sunni religions have differed in defining the correct and false condition, and each religion has a definition almost different from the correct and false conditions. Among the jurists of the four religions, the Hanbalis consider the condition of not remarrying to be correct and give the wife the right to terminate it; But the other three groups have considered the contract valid and the condition void. Regarding the condition of disobedience, Shafi'i considers the condition to be correct and necessary if it has been requested by the couple. Malikis consider such a condition corrupt and corrupting the contract, and the Hanafis and Hanbalis consider the condition invalid and the contract valid. The third condition studied is the condition of delegating or entrusting divorce to the wife, which the Imams consider invalidating the delegation and validating the delegation. But the sects have considered the power of attorney to be correct and have accepted the delegation with conditions.