The Role of Customs and requirements of Time in Issuing Non-religious Decrees in the Age of Presence; A Case Study of the Process of Issuing Temporary Marriage Decree

Abstract

Paying attention to the role of custom and the requirements of time in issuing non-religious decrees can provide the grounds for the researchers of Islamic sciences. Despite conducting numerous researches on "temporary marriage" and the efforts made to analyze its jurisprudential, theological and social dimensions, it seems that the basis for issuing these decrees has not been investigated as it should be. However, since the first years of Hijri, the decrees of temporary marriage have been disputed by the issuers of decrees and are among the most challenging issues among the ordinaries and Imami religions. The present article, done through the descriptive method, tries to illustrate the process and mechanism of issuing these decrees in the era of the Prophet (PBUH), Caliphs and Imams (PBUH). The results of the research clarify the serious effect of the common rules among the people, as well as the political and social conditions of the era of the Imamate (A.S) in issuing obligatory and preferential decrees on temporary marriage.

Keywords

• the age of the presence of the innocents (pbut)
• temporary marriage
• non-religious decrees
• social context of the decree