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How to Cite

Kazemi Golvardi, M. R., & Izadi, R. (2021). ETHICAL AND JURISPRUDENTIAL CONFLICT IN IRANIAN LAW: A DOCUMENTARY STUDY ON CHILD MARRIAGE. Lex Humana (ISSN 2175-0947), 13(1), 134–147. Retrieved from


The objective of this study was to ethical and jurisprudential conflict in Iranian law: a documentary study on child marriage. According to Muslim rulings, it is permissible for girls to marry before reaching the age of puberty, but performing a marital act depends on the girl reaching adulthood but what seems to be contrary to moral principles and values ​​is that some Shiite Muslims believe that any pleasure from an immature spouse is permissible other than sexual intercourse. The present study, which uses the library method as a compilation and is written as a compiler and presentation in an analytical and descriptive manner, seeks to critique this view, which seems to be contrary to ethical standards and by presenting different opinions of Shiite experts on this issue, examine their arguments and examine this issue according to the harms that it inflicts on the child's psyche from the point of view of psychological knowledge and the statements of expert psychologists. The author believes that due to the proven psychological injuries and severe mental disorders that the child is exposed to from this area and the ruling that harmful rulings have been rejected in Islam¸ enjoying an immature spouse cannot be considered permissible from the point of view of Islamic law and the opinions of some Shiite scholars who have voted for it in the past and present have probably been due to the lack of discovery and non-realization of various psychological damages and the lack of proof of customary and moral ugliness with them otherwise, assuming that these harms and harms were achieved, they would also have issued a fatwa sanctifying this issue.

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