Comparative Study of the Requirements Inherent In Marriage within Iran and Egypt Laws
Journal Title: International Research Journal of Applied and Basic Sciences - Year 2016, Vol 10, Issue 7
Abstract
Some of the scholars and lawyers consider parity and confidentiality as the inherent requirement of marriage. However, it is not possible to ignore the conflicts of ideas with respect to the instances of inherent requirements of marriage. The inherent requirements of marriage are the results and inherent effect of marriage where the goal and purpose of marriage contract is its development. Contradictory marriage requirement demolishes such an effect of the marriage in that the condition of contradictory requirement of marriage leads to the cancellation of marriage. It is of doubt of what the criteria of inherent requirements of marriage are. The present study endeavors to demonstrate the criteria and principles for identifying the inherent requirement of marriage which are in conflict among Iran and Egypt laws doctrine. To examine the identification for problem dealing with the requirements of marriage, one can take into consideration the marriage contraction denied by scholars who consider family formation, sexual pleasure and cooperation as the purposes of marriage. However, these elements are not regarded as the nature of marriage and they are the claimers of marriage occurring without their development. The clarity ad removing the conflict from the considered issues are possible through responding to the question of what are the inherent requirements of the marriage and what the solutions is. Is it a complex which his composed of some factors and each component is one art of it? If it is the situation, then what the relation for each part to the whole is. With respect to the complexity of the issue, a number of theories are offered and the reasonable perspectives is admitted. Since the difference within the inherent requirements of marriage has led to the differences in offering the instances of “the opposing condition of marriage” in Iran and Egypt laws, the aim of the present study is to review the conflict perspectives with respect to the laws.
Authors and Affiliations
Esfandiar Pajouhan*| Graduate student Private Law- Azad University Tasouj, Iran, email: es.pazhoohan@chmail.ir, Yousef Mogaddasi| Assistant Professor, Farhangian University, Urmia, Iran
Keywords
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