An overview of the guardian's permission in the marriage of a virgin girl from the point of view of jurisprudence and law

In this article, the permission of the guardian in the marriage of a virgin girl and Rashid is examined. The difference in the themes of the hadiths related to the issue has caused the complexity of the discussion and the difference in the views of the jurists. Based on this difference of opinions of jurists, seven opinions have been raised in this regard, of which three opinions have been examined in this research; One is the claim of origin and fame on the independence of the virgin girl in marriage, the second is the independence of the guardian in the marriage of the virgin daughter, and the third is the consent and participation of the daughter and guardian in marriage. The data of this research has been collected in a library form and compiled using descriptive method. Its purpose is to carefully examine the jurisprudential and legal foundations of the issue and to pay attention to the social benefits and interests of the girl and to gain knowledge about the effect of the guardian's permission on the marriage of a virgin girl. Iran's QM should choose the theory of "participation of efforts between the virgin daughter and the guardian" which has more preference and less objections. The findings of the research show that this theory, firstly, prevents the one-sidedness of the theory of the independence of the daughter or the independence of the guardian, secondly, it is not against the reputation and the principle of the independence of the virgin girl, thirdly, the permission of the guardian has a protective aspect and is conditional on respecting the interests of the daughter, and fourthly, not paying attention to the permission. However, the arbitrary action of the girl in the marriage causes the sanctity of the marriage, not its annulment.