Citation

Esmaeeli Fallah M, Shakeri Golpayegani T, Qaravi Naeeni N. Women Stud. 2023; 14(46): 1-26.

Copyright

(Copyright © 2023, Institute for Humanities and Cultural Studies)

DOI

10.30465/ws.2024.46807.3959

PMID

unavailable

Abstract

In the current era, one of the challenges in the field of Fiqh and law is the issues related to women. Among these chalenges, marriage to a minor wife and its corresponding issues, such as the permissibility or non-permissibility of sexual enjoyment from minor wife, which is of double importance due to the connection with the rights of the child. This essay, through rethinking in reasons, challenging the famous Fiqh theory about the permissibility of sexual enjoyment from minor wife. By addressing Ibahe principle, considered it unfounded and regarding the moral and intellectual obscenity of this action, application of evidence for permissibility of enjoying the wife, considered it the withdrawal from the subject of the minor and believes that it is possible to prevent misunderstandings about the rulings of the Sharia by re-reading it in the epistemological system of religion and paying attention to the goals of the Sharia. Also, some rational principles such as women's freedom, rationality, behaving in honorable manner, and the dominating of rules such as justice, expediency, forbidden of harm, negation of harm, etc., on all the rules of the family sphere, indicate the respect-oriented approach of religion in this regard.

Language: en