چکیده:
Not knowing permanent wedlock requirement and the following insert of some of the conditions completely, the subject to the evidence of the necessity of fulfillment to no reproduction condition of permanent wedlock. At first, the meaning of wedlock, its aspects and influences have been focused to review the inaccuracy or accuracy of no reproduction condition in permanent wedlock and the result has been achieved is that wedlock in terms of Sharia, is the truth of marriage, although in terms of word, it means mating and considering the mentioned influences and blessing about marriage, wedlock can’t be one-dimensional and can’t just be ruled for quenching lust and to give birth to someone. In the following, with the help of juridical foundation, law and judicial procedure, the result has been achieved is that this condition is not unlike wedlock requirement, illegitimate and foreclosure totally because the purpose and ultimacy of marriage is to reach different affairs and giving birth is not just the exclusive purpose of marriage but is the influence of marriage. In addition, law hasn’t prohibited such condition and aforementioned condition is not unlike good behavior and public discipline but is the exact respect for free will of human beings in the frame of public discipline.
خلاصه ماشینی:
11 (Deputy for Education and Research of the Judiciary, 1382: 51-54) 4-3- Resorting to Judicial Precedent The opinion of the Bedawi Court and the Supreme Court is based on the fact that the defects in a woman that necessitate the annulment of marriage are enumerated in Article 1123 of the Civil Code, and the absence of a womb was not one of the cases in the aforementioned article, nor was it stipulated as a contractual condition; therefore, this defect does not permit the annulment of marriage (Bazgir, 1378: 356 and 357) From the opinion of the Supreme Court, it can be concluded that procreation is not an inherent requirement of the essence of marriage and it has been explicitly stated that even if the woman has a dislike for this act, there is no problem, and it seems that the woman has no right in this matter (ليس لها من الامر شيء) In the sahih of Muhammad ibn Muslim from Imam Baqir (peace be upon him), in the event of the woman's lack of consent or the absence of a condition with her at the time of the contract, this act has been described as 'disliked' (karahat): As for the slave girl, there is no problem, but as for the free woman, I do not approve of this act taking place; unless she stipulates it with him at the time of marriage.
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