نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 دانشجوی دکترای حقوق خصوصی دانشگاه رضوی
2 گروه فقه و مبانی حقوق اسلامی، دانشگاه علوم اسلامی رضوی، مشهد، ایران
3 عضو هیأت علمی دانشگاه قم
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Family formation has individual and social effects. In jurisprudence and legal sources, there is no specific rule to determine the time of cohabitation and family formation. The appearance of jurisprudential evidence and legal sources indicates that all the mutual rights and obligations of marriage must be established from the time of the conclusion of the marriage contract; However, today "marriage period" has become widespread as a customary stage before the formation of a joint life, which despite the existence of a marriage bond, a family has not actually been formed. Investigating the necessity of identifying the status of the period of customary marriage is a problem with no history, which was investigated in the present research using a descriptive-analytical method, and it was demonstrated that the lack of identification of the period of marriage, in the current situation, causes some problems in fulfilling the mutual rights of the spouses (including alimony). and submissiveness) and in this era, couples have been unfairly deprived of some of their social rights. Also, since "nomination" lacks Sharia authority; The period of customary marriage can be a suitable substitute for it, and according to practical problems, finally, suggestions such as the need to officially register the term and determine the guarantee of the execution of the task have been expressed in order to establish special laws.
کلیدواژهها [English]
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