نوع مقاله : پژوهشی (داوری عادی)
نویسندگان
1 استادیار دپارتمان الهیات دانشگاه مفید قم،
2 دانش آموخته دکترای فقه و مبانی حقوق اسلامی دانشگاه مفید قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Sayid Abolfazl Mousaviān [2]
Ali Asghar Hadidi [3]
Abstract
One of the rules related to Muslims is the unlawful looking at nā mahram which isdeterminated by jurisprudents. This rule has an exception which is the man's looking to the woman in proposal marriage ceremony. Imamiyeh jurisprudents typically do not apply this rule in women and believe that due to unspecified reasons, one should resort to the proofs of unlawfulness and the believe that the woman's looking at the man in proposal marriage ceremony is unlawful. Using a descriptive-analytical method, the researchers proved that there are sufficient proofs on the permissibility of woman's looking at the man. The scholars' criticisms leveled against the negation of the woman's looking are open to criticism which seemingly could be applied in the case of permissibility proofs for women. Such proofs include the traditions indicating the price's high sums and establishing accordance with not only men's looking at women but also the reverse is true, as well as the proofs which impose the similar rights and duties to both men and women, such as the verse 228 of the Bqareh Chapter which could be applied in the issue of women's looking at men in the marriage proposal ceremony. Likewise, the rule of harm negation could be applied in this issue, but in the case of necessity reason, the unlawfulness rule is violated where it is proved to be a minor one by the custom. However, it is clear that in this reason, no one can believe in permissibility more than necessity.
[1] Received in 2018-07-19 Accepted in: 2019-06-11
[2] Assistant Professor of Jurisprudence and Islamic Law Principles at Mufid University of Qom; E-mail: moosavian@mofidu.ac.ir
[3] PhD Candidate of Jurisprudence and Islamic Law Principles at Mufid University of Qom. (Paper extracted from the PhD Thesis); E-mail: dr.hadidi@chmail.ir
کلیدواژهها [English]
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