The Position of Aryan Marriage Contract in Islamic Family Jurisprudence System

Abstract

As Islam emerged and spread in Iran, many Iranian customs and traditions underwent serious changes in personal and social relations. The marriage contract is one of the social contracts that have taken a new form due to these changes. However, in recent years, some young Iranians returning to their previous traditions replaced the shar‘ī marriage with a new marriage called “Aryan marriage contract” (aqd-i āriyā’ī) to set their marriage bond. After a while, due to the belief that it is illegitimate, it was banned in marriage offices. Using the analytical descriptive method, this article explains and analyzes the content of this contract and its legitimacy based on the teachings of Islam. Through reading this article, it would be clear that the mere emergence of the Aryan marriage contract and some differences in the appearance of its implementation with the shar‘ī marriage are not considered as proof of its illegitimacy; this contract enjoys the basic elements of creating a marriage bond in Islam, that is, it is correct and legitimate

Keywords

• aryan contract
• ancient contract
• marriage contract
• family jurisprudence .