نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار، گروه حقوق خصوصی، دانشکده حقوق، دانشگاه قم، قم، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The Qur'an is introduced as the main source of legislation in the constitutions of many Islamic countries. The main question of the current research is that despite the emphasis of the constitutions of Islamic countries on the authority of the Qur'an in the subject laws of the country, what is the reflection of this in the regulations of personal status? In this research, the role of Quranic concepts about some aspects of marriage has been investigated in a comparative manner as an example of the examples presented in several Islamic countries. In this regard, the personal status laws of the Arab, non-secular and neighboring countries of Iran, including Kuwait, Iraq, Oman, the United Arab Emirates, and Jordan, and the civil law of Iran have been taken into consideration. Therefore, an attempt has been made to move toward the integration of the Islamic family law system in the region and beyond by introducing Quranic concepts that are used or can be used in family laws. The results showed that in the laws of the studied Arab countries, marriage is defined as "marriage" explicitly and using the Qur'anic concepts of "modat, mercy and residence" and its nature is considered a contract. Due to the prohibition of annulled marriage in the jurisprudence and laws of these countries, the permanence of marriage does not need to be specified, and it has been emphasized on marriage in order to form a family. In the civil law of Iran, marriage with the title "Nikah" which has more and more accurate use to express the relationship between husband and wife in Quranic usages, and its two types, temporary and permanent, have been considered; But it is not defined and at the same time, the contract of knowing it is clearly accepted. However, in the laws of these countries, attention to the Qur'anic form of "thick covenant" to express the nature of marriage instead of contract and covenant, unlike some western countries, has been neglected.
کلیدواژهها [English]
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