Document Type : Original Article

Authors

• Fatemeh Monazzami ¹
• Mahdi Movahedi Moheb ²

¹ Department of law, Semnan University, Semnan, Iran.

² Semnan University

Abstract

Minor marriage, on the one hand, is related to the category of marriage, and on the other hand, to the field of children's rights, and therefore, requires double care. In marriage with a minor, despite the consensus on respecting her, extra-ordinary pleasures, such as expansion, taqbil, etc., are considered permissible even in infants; which may be considered as an example of child abuse. In this article, in the descriptive and analytical method, while examining their statements and evidence, we believe that the subject of sexual enjoyment is the adult wife, not the child, and in addition to the problem of psychological and educational injuries that have been inflicted on the child through this passage, and according to the evidence of negation of harm, It is prohibited, reason is also the ruler of its ugliness, and in fact, such pleasures, with the use of the lips, are outside the permissible rule and are forbidden according to the first rule. Although some have considered minor marriage to be invalid in order to avoid the aforementioned problems, it seems that if there is no other rational purpose for such a marriage, it should be accepted; Otherwise, according to the general rules of transactions and marriage, the contract is valid if the above-mentioned items are observed. One of the main goals of this article, which is also considered as an innovative and exclusive aspect of the present article, is to take advantage of Labi's custom discussion to untangle a jurisprudental and legal issue, this discussion is only mentioned in books and in the form of simple examples, and less frequently, it is cited in the position of Efta.

Keywords

• less pleasures than sexual intercourse
• children's rights
• child's rights
• labial appropriation