نوع مقاله : مقاله پژوهشی
نویسنده
استاد سطح عالی حوزه و دانشآموخته سطح چهار حوزه علمیه، قم، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
There are differences of opinion as to the criterion of thayyebah (a widow or a divorcee), and basically, as to the women who are referred to as thayyebah and the group of girls who are called bakerah (virgin). Since these two terms are used opposite each other, many scholars in jurisprudential and legal books have explained only the criterion of bakerah, which consequently clarifies the meaning of thayyebah. Undoubtedly, this criterion has a great impact on how to choose a spouse, on the scope of spouses' authority, the amount of the wife's dower, the health of individuals, marital life, and society. In the law books that have dealt with this concept, marriage along with the removal of virginity has been mentioned as a sign of thaybubah, and the words of the jurists and their various references in different chapters imply four theories in this regard. Accepting each of these opinions in applying them to the controversial examples of virginity will have different effects and rulings. However, for the meaning of thaybubah as a characteristic that, with its existence, the guardian's permission is revoked in marriage, one cannot find any common ground between the chapter on the guardianship of father and grandfather and other jurisprudential chapters. Hence, we have to admit that the jurisprudential concept of thaybubah has different meanings; in the chapter on the guardianship of the fathers, the removal of virginity due to sexual intercourse causes thaybubah, and in other jurisprudential chapters, the removal of virginity is the criterion of thaybubah.
کلیدواژهها [English]