نوع مقاله : مقاله پژوهشی
1 دانشجوی دکتری فقه و مبانی حقوق اسلامی دانشگاه سیستان و بلوچستان
2 استاد گروه فقه و مبانی حقوق اسلامی دانشگاه سیستان و بلوچستان
عنوان مقاله [English]
Wilayah (Guardianship) is the power of directing seizure without any need to the permission of anyone. In marriage, Wilayah is the idea and comment of Mawla about Nikah (marriage) and agreement or disagreement about it. Constant occurrence of the religious difference between Mawla and Mawla Alayh in the present era requires expert review of this case, including its impact on Wilayah in marriage. This research is a descriptive-analytic approach in which the central issue was the study of the effect of Religious Difference between Mawla and Mawla Alayh in the guardianship of marriage. We came to the conclusion that, Islamic scholars have agreed on the religious agreement between Mawla and Mawla Alayh as the requirement to establish the guardianship in marriage and they have mentioned Quranic verses, traditions and ’Ijma‘ as the reasons for their opinion. However, there are controversies over these reasons. If there is not religious agreement between Mawla and Mawla Alayh, the jurists believe that Wilayah and guardianship of Wali is annulled and another person will have the guardianship of marriage. In general, according to the permission of Wilayah in marriage and the controversies on the reasons about religious agreement, it seems that in a state of urgency and necessity, considering the expediency of Mawla Alayh, the religious difference between Mawla and Mawla Alayh do not have effect on the establishment of Wilayah and correctness and effects of marriage.