The Status of Ethical Parity of the Married Couple in Formation of Family in Jurisprudence and Statutory Law
Journal Title: فقه و اصول - Year 2008, Vol 40, Issue 81
Abstract
One of the fundamental secrets of durability of the true religion of Islam is the moral-ness of its doctrines. Jurisprudence or Islamic law, which gives direction to the behavior of the compos mentis and their life skills, is so intertwined with practical ethics that it can be said that all legal rulings in Islam appear in various areas of life with an ethical tone, and this appearance is the outcome of the intervention and impact of ethics on the process of the inference of legal rulings by the jurists. In any of these areas, family is regarded as one of the most important centers for human development and growth. In this respect and with a special attention to this issue, Islam has duly explained how the family should form and has necessitated the lawful cohabitation of a man and a woman as a couple for its consolidation. On the other hand, since family formation is intended to reach higher goals, such as achievement of peace, stability, survival, and rearing offspring, the basic role of the ethical and epistemic parity of the couples appears to be more evident. In order to elucidate the fundamentals of ethical parity of the couples, this research has made reference to certain Qur'anic verses, traditions, and various other sources and thereby seeks to demonstrate that each of the wife and the husband must be equally free from the ethical attributes that "always" or "often" contradict the philosophy of marriage. Furthermore, the present article is intended to explain that such parity and equality, whose efficiency has been proved according to the religious knowledge and doctrines, has similarly been established by psychologists and social scientists, who have gone so far as to even regard the durability of a marital relationship dependent upon the parity and similarity of the wife and the husband in their religiosity and faith. In the end, this research has drawn the important conclusion that in case of the ethical non-parity of the couple, the prohibition or invalidity and revocation of the marriage contract can be maintained in the preconditions before and after marriage as well as before and after consummation.
Authors and Affiliations
MuḥAmmad Mahdī ZāRi‘ī, AbdulkarīM AbdullāHī
Keywords
Related Articles
- EP ID EP182209
- DOI 10.22067/fiqh.v0i0.3140
- Views 113
- Downloads 0
The Principle of “Obligation for Dignifying Human Being” in Islamic Jurisprudence and Law
The inherent dignity is a Divine bounty from God to Man and since it is inherent and intrinsic in human nature, its dispossession is not possible. According to some of the noble verses of the Qur’ān, human dignity can be...
Examining the Relation between an Unauthorized (Fuḍūlī) Contract and Transfer of another’s Property
The relation between an authorized contract and transfer of another’s property is one of the subtle and, at the same time, important issues of civil law as well as criminal law, which has doubly increased the legislator’...
Enumeration of Legal Punishments Crimes in Imāmiyya Criminal Law: Causes for Multiplicity of Opinions and the Necessity of Reckoning (Iḥsā’)
Studying the nature of legal punishments (ḥudūd) and legal misdemeanors deserving these kinds of punishment – which along with discretionary punishments (ta‘zīrāt) are regarded as the most important criminal reactions to...
Theory of Social Understanding of Statutes; Principles, Application
The theory of Muḥammad Jawād Mughniya entitled “social understanding of statutes”, is the evolved mechanism for the refinement of the basis of a ruling (tanqīḥ-i manāṭ) in legal reasoning (ijtihād) process, which has bee...
A Rereading of the Jurisprudential Precept for Participation at the Dissidents’ Communal Prayers and Following Their Leadership with a Special Regard to Imam Khomein’s Viewpoint
A considerable part of the statements in different Shi’ite jurisprudential chapters expresses the practical obligations of the obliged (mukallafīn) with respect to the denominational dissidents. The concept of denominati...