نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
This research primarily aims at the investigation of the jurisprudential and legal nature of the temporary marriage conventionally known as the “Ninety-Nine Year Sighah.” The core research question centers on whether the extended duration of this contract, which is temporally close to permanent marriage, causes it to exit the scope of temporary marriage (nikah munqati’) and acquire the characteristics of a permanent marriage. To answer this, a descriptive-analytical method relying on library studies of jurisprudential sources was employed, and existing theological viewpoints, along with their supporting evidence, were critically examined and evaluated. The research findings indicate that the essential condition of temporary marriage—the specification of a determined term—is fulfilled in this contract, and the Lawgiver has not set a limit for the shortness or length of this term. The main conclusions of the study are: Firstly, the famous scholarly opinion asserting that this contract is an instance of temporary marriage is correct; Secondly, the validity and permissibility of this marriage are jurisprudentially established; Thirdly, the legal effects specific to temporary marriage are incumbent upon it; and Fourthly, opposing views (i.e., nullity or the imposition of permanent marriage effects) are not defensible. Consequently, this contract is considered a temporary marriage from the perspective of religious foundations, and its exclusive rulings apply to it.
کلیدواژهها English