خلاصة:
One of the conditions that couples, under the influence of current socio-economic and cultural status, want to include in marriage contract, is the condition of non-childbearing; That one of the serious challenges around it is the issue of its legitimacy from the point of view of the law .In the present study, by using descriptive-analytical method, we seek to answer the question: what is the meaning of illegitimate condition considered by the legislator in Article 232 of the Civil Law and whether the condition of non-childbearing is included in it or not? After examining the concept of illegitimate condition from the point of view of lawyers, we found that the mentioned condition is not included in any of its cases and is a legitimate condition from the point of view of civil law. The sanction of the mentioned condition will be, as the case may be, the demand for damages, the payment of the obligation money or, according to Article 1119 of the Civil Law, the wife's right to divorce.
ملخص الجهاز:
In another article titled "The Secondary Ruling of Having Children," the nature of the condition of having children as a condition of action, attribute, or result is investigated, and subsequently, the secondary ruling of this condition in various scenarios is examined, to which a brief section has also been dedicated in the present article; however, since we have endeavored to have a legal perspective on the issue of legitimacy, the secondary ruling has been presented under the discussion of public order and good morals, because according to what will follow, it cannot be claimed that the primary ruling of procreation is a mandatory ruling and an obligation, whereas regarding its secondary ruling, the conditions are different, and if non-procreation is stipulated in specific societal conditions in a way that is identified as being in conflict with the interest of the system or rules such as the rule of "no harm" (La Darar), acting upon it is not permissible.
However, from the application of this clause of Article 232 and in the discussions raised by legal scholars regarding illegitimate conditions, it generally seems that legal terminology refers to a condition as illegitimate if, in addition to mandatory laws, it conflicts with public order, good morals, and custom (in cases where custom plays a decisive role and the law has delegated the matter to custom) and Sharia in its narrowest sense, meaning the Book and the Sunnah.
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