Islamic Law

Islamic Law

Jurisprudential and legal investigation of extra-marital virginity in the abortion of guardianship

Document Type : Original Article

Author
University faculty
Abstract
In Article 1043 of the Civil Code, the lawgiver has defined virginity in girls as the criteria for asking the guardian in the marriage contract, even if they are mature and mature; The opposite concept of the mentioned legal article brings to mind the suspicion that virgin girls are exempt from this requirement; As a result, the loss of virginity through illegitimacy, such as adultery It will lead to the overthrow of the governorship! If the unanimous vote, following the words of some jurists, has ruled that this type of marriage is valid; The current research, which is organized in a descriptive and analytical method, emphasizes this opinion. Because in the conventional custom, it refers to a woman who does not have a husband and is married to a Sharia marriage, and in this sense, Tabadur It has, also, the renunciation of the plural usage testifies to the truthfulness of this claimant, and it is certain in the meaning of women who are divorced from a sharia marriage. Provide.
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