What is a temporary contract?
In Shia jurisprudence, one of the types of marriage is temporary marriage, which is also called concubine or temporary marriage. A temporary contract is actually a contract that, unlike a permanent contract, is valid for a specified period of time and dowry and makes a man and a woman married to each other. It is important that the dowry of the woman's temporary marriage and the exact duration of the marriage are clear and known when the contract of temporary marriage is issued; Otherwise, temporary marriage or concubinage is not correct.
In order for a concubine to be concluded, it is only necessary for a man and a woman to read the sentence of the concubine, and after that they marry each other, and intimacy is achieved. The conjugal sentence can be recited by a man, a woman, or on behalf of both of them by a lawyer, whose wording is different depending on who reads it. According to some authorities, it can be read and accepted as an imitation of the Persian translation. The conjunctive sentence is as follows:
2. The concubine's khutba for a man is: "My wife is my client (name of a woman) Nafsi, fi al-madah al-maalumah, ali al-mahr al-maalum" which means: "I married my client in the specified period and price." And in response to that, the woman should say: "Qiblat al-Twaj" and its translation is: "I have accepted this marriage".
The condition of the correctness of the syllable
In order for the legal and religious effects of a temporary contract to be valid, it must have certain conditions. These conditions include the conditions of the validity of the marriage contract in general, which must be present both in the marriage contract and in the permanent marriage, and the specific conditions of the validity of the marriage contract, which are only specific to temporary marriages, and in the absence of any of these conditions General and private, temporary contract will not be valid. The conditions for the correctness of the conjugation are:
1. General conditions for the validity of temporary marriage: having the intention to create a marriage, having consent to enter into a marriage, not having any obstacles to marriage, for example, the husband does not have a husband, and finally, meeting the conditions of the temporary marriage of a virgin girl; It means the permission of their father or paternal grandfather.
2. Specific conditions for the validity of a temporary marriage: determining the duration of a temporary marriage and determining the dowry of a temporary marriage.
Inheritance laws in temporary contract
According to the civil law, in a permanent marriage, the relationship of inheritance is formed between a man and a woman, that is, they inherit from each other in case of the other's death. But in marriage, the hereditary relationship between a man and a woman is not formed. That is, if one of the men and women who are married to a temporary marriage dies, the other will not inherit from them, even if it is stipulated in the marriage. Only if the property of the husband or wife in a temporary marriage goes to his wife if he wills it.
Although the husband and wife do not inherit from each other in a temporary marriage, if the result of their marriage is a child or children, they from their parents, and their parents will inherit from their children.
Alimony conditions in temporary contract
An important question that is usually asked about the concubine is about the alimony of the woman in the concubine. In other words, is a man obligated to pay alimony to his wife in a temporary marriage or a concubine, and if not, what are the conditions of alimony in a temporary marriage? In a permanent contract, the man is obliged to provide alimony for his wife, and if he refuses to fulfill this duty, the guarantee of executions is defined in the law, which the woman can use to get her alimony by referring to the court.
According to the civil law, a man is not obligated to pay alimony to his temporary wife. Rather, a woman is entitled to alimony in a temporary marriage only if an agreement has been reached or a contract has been entered into based on it, which means that during the contract it is stipulated that alimony must be awarded to the woman.
Terms of dissolution of temporary contract
A concubine is dissolved like a permanent marriage, however, one of the differences between a temporary marriage and a permanent one is that in a temporary marriage, divorce cannot be obtained, and the husband and wife must wait until the end of the concubine period to end their marriage relationship. do If the concubine is longer, other ways to terminate the marriage are provided in the law. The conditions for dissolving a temporary contract are as follows:
1. Death of one of the spouses: In this case, there is no difference between permanent and temporary marriage, and if either husband or wife dies, their marriage will be annulled.
3. Term Expiration; The expiration of the term in a temporary marriage is the end of the deadline or the period that was determined during the temporary marriage or concubinage, and after this period, there is no longer a marriage between a man and a woman.
A number of women in the temporary marriage
Adah is the length of time a woman must wait before she can remarry, either temporarily or permanently. The purpose of having a number is to determine the lineage of children that may arise, and in the past, if a woman married immediately after the separation or death of her husband while she was pregnant by her previous husband, it was difficult to determine who the child belonged to. has been