نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکترای فقه و مبانی حقوق اسلامی، واحد اهواز، دانشگاه آزاد اسلامی، اهواز، ایران.
2 . Assistant Professor at Islamic Azad University, Islamic Law Jurisprudence and Principles of Islamic Law Department, Ahvaz Branch, Iran.
3 . Assistant Professor at Islamic Azad University, Islamic Law Jurisprudence and Principles of Islamic Law Department, Ahvaz Branch, Iran. . Assistant Professor at Shahid Chamran University, Law Department, College of Economy and Social Sciences, Iran.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
According to the sources of Imamiyyah jurisprudence, the book, traditions, and the biography of Imams (AS) and consensus, one of the barriers to marriage includes Muslim marriage with non-Muslims, but these sources do not specifically mention marriage to foreigners and its harmful effects. The most important question of the study is: "What are the negative consequences of the marriage of the members of the Islamic Republic of Iran's armed forces with foreigners in Imamiyyah jurisprudence and positive laws?". The research method in this study is explanatory and data collection tool is library and library sampling. In addition, it seems that marrying with foreigners on the basis of Nafy al-Sabil (negation of any way) rule leads to the domination of infidels over Muslims' affairs, the creation of a suitable basis for penetration into the country in the areas of culture, politics, economics, security, weakness in jihad, and the separation between couples. As the result, the marriage of this class with foreigners is not permissible on the basis of analogy of priority from the perspective of jurisprudence and Islamic law in the first place. The findings of the study indicate that various jurists have investigated in this field and on the basis of jurisprudential sources they have worked on the reasons of prohibition of marriage with foreigners and the consequences of this type of marriage. At the end, in the opinion of the researcher, regarding the importance of this issue, positive laws needs to be revised.
کلیدواژهها [English]