The Dependence of the Requirement Essence of Marriage Contract on Marital Relationship

Abstract
Due to the importance of family constitution in comparison with the other contracts, requirement essence of marriage contract is one of issues that has more delicacy and needs more accuracy, too. Through recognition of essence of this specified contract, one mustn’t emphasize on this aspect alone. As it is obviously clear from divine statements about duties and rights of the parties, marriage in holy legislator's point of view and according to the Quran verses was not aimed as just one aspect. Marital relationship is one of the consequences of marriage not preceding it or its essence. Although under the influence of some thoughts which consider marriage subject to the public rules of the other contracts absolutely, and because of that, measure its requirements with the same standards, we must know that specialty of marriage bars such incorrect thought.
In addition, in this article many reasons will prove that from early on the purpose of this contract is to establish a social foundation not making a framework for sexual enjoyment merely. Nowadays due to the changing of ideas about human and its intrinsic greatness, marriage cannot be treated as a simple framework for body relaxation. Indicating these points doesn’t invalidate the importance of marital relationship in its particular meaning. But of course, it doesn’t place it as the main subject and it legitimates the will of the parties for eliminating it in the form of clause.