Analyzing the Jurisprudential Proofs on Couples’ Right of Childbearing
Document Type : Research Paper
Authors
1 PhD Candidate of Islamic Law and Jurisprudence, University of Religions and Denominations.
2 Professor in Department of Islamic Law and Jurisprudence, Research Institute for Islamic Culture and Thought.
10.22034/ra.2021.131857.2542
Abstract
In some views, the right of childbearing is recognized for men while some others have reserved the right for women. To submit evidences on their stance, each group has relied upon a number of evidences. Yet, a more comprehensive view has reserved this right for couples jointly. However, this later view needs validation and further research. Thus, this study is an analytical-explanatory endeavor to conceptualize the necessities of contracts in general and marriage contract in particular to uncover the role of man, wife or couples in their rights of childbearing. Then, the views of those who hold the right for either man or wife was critically scrutinized and the possibility of adopting a more comprehensive view for reserving the right for couples was evaluated. Research findings showed that childbearing right can be attributed to couples and this view can be substantiated through necessities of permanent marriage contract, divine sources, and normative understanding of permanent marriage contract.
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