Ability to deputizing for father's permission in the marriage contract

Abstract

In Islamic jurisprudence, with the aim of protecting the oppressors, or bringing together an experience with love, or because of the existence of historical traditions that justifies the authority of the father and grandfather, The father has the authority to marry a girl and a minor boy, and to allow the virgin daughter to marry. Articles 1041 and 1043 of the Civil Code also confirm with terms the authority of the father and the marriage of a girl under thirteen years and a boy under fifteen years subject to the permission of the father and discretion by court and the marriage of the virgin girl is also valid with the permission of the father. But is this discretion available only to the father, or is it possible to transfer it through the wills and attorney? This article, by examining the nature of the permission and reasons for the choice of the father and the issue of representation, seeks to prove that the province in marriage is not in itself to be divested to another; But representation for the father's permission in the marriage contract is not inherently an obstacle. However, unlike the customary procedure in the notary publics office, for reasons of expediency, the father can not allow the minor's marriage or the marriage of the virgin daughter to the delegate. Of course, in the case of a minor marriage or a virgin daughter with a certain person consenting to her father, It is permissible to give simple representation to an attorney to announce the permit.

Keywords

• marriage
• representation
• child marriage
• virgin girl marriage
• province in marriage
• representation in giving permission