In Zoroastrian law there several indications that denote to temporary marriage as a legal instit... more In Zoroastrian law there several indications that denote to temporary marriage as a legal institution and this can be compared to the one in Imami jurisprudence. Sunni and Imami jurists differ on the continued legitimacy of temporary marriage which the latter believes to be continued. Temporary marriage is legitimate in the opinion of Imami jurists and it has certain conditions that need to be observed. In Zoroastrian texts there is no separate chapter discussing this institution but based on the remaining evidence one can infer its existence and attempt a reconstruction. In the first section of this paper, this remaining evidence, direct and indirect, will be discussed and then the main points of comparison with Imami jurisprudence will be studied taking into consideration similarities and differences. The study shows considerable similarity, although the aims and conditions are different on several occasions.
The formation of marriage which is the foundation of family in both Islam and Zoroastrianism depe... more The formation of marriage which is the foundation of family in both Islam and Zoroastrianism depends on certain requirements or conditions. The comparative study of these requirements or conditions shows certain similarities and differences between the two religions, and examining these issues can shed light on the common tradition and shared heritage between the two. The present essay will first study the conditions of marriage from perspective of Zoroastrianism and then compares that standpoint to the Islamic law. The study shows that there are important differences between the two religions. This research deals with one problem from the perspective of the Zoroastrianism and then examines the same problem from the Islamic point of view. Common characteristics in conditions of marriage (age, consent of the guardian, consent of the girl and boy, and their social equality) and in the marriage contact itself (offer and acceptance, representation, witnesses and bride-wealth) between the two legal systems are noteworthy.
Divorce in Zoroastrian and Islamic Law,” Religious Studies, University of Religions and Denominat... more Divorce in Zoroastrian and Islamic Law,” Religious Studies, University of Religions and Denominations, vol. 4: 8, 105-121 (co-authored with Kolsoum Ghazanfari and Parvin Davari) In Islam and Zoroastrianism certain rules govern the divorce without which it is not valid. An examination of these rules and the legal details involved can shed more light on this important problem. The present study will examine the conditions of divorce and the right to divorce in Islam and Zoroastrianism and the financial obligations that come with the divorce. Our study show that in both religions certain conditions are imposed that make the divorce more difficult. Although there are certain similarities between the two religions, the divorce law in Zoroastrianism went through certain changes as the political situation changed and made the divorce more difficult as a desperate attempt to keep the foundations of Zoroastrian family strong under the rule of Muslims.
Family is the foundation of social life and the cornerstone of the society. After marriage and th... more Family is the foundation of social life and the cornerstone of the society. After marriage and the formation of family, each member, either parent or child, has certain rights and bears duties as a family member. In Zoroastrianism, following the official marriage, known as pādixšāyīhā zani, family members are subject to a specific set of rights and duties towards each other. This type of marriage is much like permanent marriage in Islam, in which family members are subjected to a specific set of rights and duties towards each other once the marriage is legally formed. Conducting a comparative study, this article surveys the rights and duties of family members from the perspective of both Zoroastrianism and Islam, showing that there are many similarities between these two religions. These similarities might be explained as an example of reception that secures the continuity of legal institutions in different settings.
In Zoroastrian law there several indications that denote to temporary marriage as a legal instit... more In Zoroastrian law there several indications that denote to temporary marriage as a legal institution and this can be compared to the one in Imami jurisprudence. Sunni and Imami jurists differ on the continued legitimacy of temporary marriage which the latter believes to be continued. Temporary marriage is legitimate in the opinion of Imami jurists and it has certain conditions that need to be observed. In Zoroastrian texts there is no separate chapter discussing this institution but based on the remaining evidence one can infer its existence and attempt a reconstruction. In the first section of this paper, this remaining evidence, direct and indirect, will be discussed and then the main points of comparison with Imami jurisprudence will be studied taking into consideration similarities and differences. The study shows considerable similarity, although the aims and conditions are different on several occasions.
The formation of marriage which is the foundation of family in both Islam and Zoroastrianism depe... more The formation of marriage which is the foundation of family in both Islam and Zoroastrianism depends on certain requirements or conditions. The comparative study of these requirements or conditions shows certain similarities and differences between the two religions, and examining these issues can shed light on the common tradition and shared heritage between the two. The present essay will first study the conditions of marriage from perspective of Zoroastrianism and then compares that standpoint to the Islamic law. The study shows that there are important differences between the two religions. This research deals with one problem from the perspective of the Zoroastrianism and then examines the same problem from the Islamic point of view. Common characteristics in conditions of marriage (age, consent of the guardian, consent of the girl and boy, and their social equality) and in the marriage contact itself (offer and acceptance, representation, witnesses and bride-wealth) between the two legal systems are noteworthy.
Divorce in Zoroastrian and Islamic Law,” Religious Studies, University of Religions and Denominat... more Divorce in Zoroastrian and Islamic Law,” Religious Studies, University of Religions and Denominations, vol. 4: 8, 105-121 (co-authored with Kolsoum Ghazanfari and Parvin Davari) In Islam and Zoroastrianism certain rules govern the divorce without which it is not valid. An examination of these rules and the legal details involved can shed more light on this important problem. The present study will examine the conditions of divorce and the right to divorce in Islam and Zoroastrianism and the financial obligations that come with the divorce. Our study show that in both religions certain conditions are imposed that make the divorce more difficult. Although there are certain similarities between the two religions, the divorce law in Zoroastrianism went through certain changes as the political situation changed and made the divorce more difficult as a desperate attempt to keep the foundations of Zoroastrian family strong under the rule of Muslims.
Family is the foundation of social life and the cornerstone of the society. After marriage and th... more Family is the foundation of social life and the cornerstone of the society. After marriage and the formation of family, each member, either parent or child, has certain rights and bears duties as a family member. In Zoroastrianism, following the official marriage, known as pādixšāyīhā zani, family members are subject to a specific set of rights and duties towards each other. This type of marriage is much like permanent marriage in Islam, in which family members are subjected to a specific set of rights and duties towards each other once the marriage is legally formed. Conducting a comparative study, this article surveys the rights and duties of family members from the perspective of both Zoroastrianism and Islam, showing that there are many similarities between these two religions. These similarities might be explained as an example of reception that secures the continuity of legal institutions in different settings.
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