Abstract
The stipulation of marriage, that is commitment and obligation, meaning that each party to the contract are entitled to ask from the other party, a specific description, act or omission, or the result of another contract, or to get committed for the benefit of the other party. About the stipulation of marriage, it can be said that it is not true that people are entitled to sign a stipulation without any criterion, and then call it "be enforceable", rather the stipulation must be signed under the terms established by law and sacred religious of Islam. The stipulations of marriage must not be against the scripture and tradition. The majority of jurists of Imamiyeh religious, according to the Hadith "Believers should fulfill their conditions, unless these conditions turn a lawful issue into an unlawful one or an unlawful issue into a lawful one " believe that the principle is the fulfillment of any stipulation, unless it is a condition which turns a lawful issue into an unlawful one or an unlawful issue into a lawful one. The contra-scripture and tradition conditions are of those unlawful stipulations, as to not damage the marriage the main pillars; they do not cause the nullity of marriage. But if they damage the main pillars of marriage, not only the stipulation has been nullified, but the marriage itself is nullified as well. This paper scrutinizes the situation of contra-scripture and tradition, and the touchstone to distinguish such conditions, as well as to investigate the extent they influence marriage.
Highlights
Is identified to be the central core of every society and the first society people step in and learn the customs of life and social rules and practices
The contra-scripture and tradition conditions are of those unlawful stipulations, as to not damage the marriage the main pillars; they do not cause the nullity of marriage
Stipulation is a kind of condition which is inserted in the contract, and is agreed by the woman and man, and becomes officially valid when signed by both parties
Summary
Is identified to be the central core of every society and the first society people step in and learn the customs of life and social rules and practices. The condition is a legal act as well, its authenticity and validity is subject to the fulfillment of private and public conditions, the stipulations set by both parties should be according to these conditions. One of the private conditions regarding the marriage stipulation is its accordance with the Scripture and tradition, which has been considered by many Jurists. Regarding the point that similar to marriage condition is identified as a legal act, its authenticity and validity is a subject of fulfillment of private and public conditions. The discussion of stipulation and its accordance with the Scripture and tradition as one of the private condition has long been considered by Jurists. 2) What are the verdicts and effects of contra-Scripture and tradition stipulations in marriage?
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