Examination of the Rule “The Child is the Owner of the House”

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Abstract

     The rule ‘Farash’ (=marriage-bed) is one of the famous and well-known jurisprudential rules that the Shiite and Sunnite scholars have agreed upon. This rules has been included under the discussion of jurisprudence. Since the rule ‘Alfrash’ aims at proving the child ancestry, it is used in all the subjects related to the subject of ancestry such as heritage, child marriage right, unnatural fertilization, etc.
The author, in this article, at the beginning deals with the documentary examination of the rule, and in continues with explaining the reasons of the rule trying to discuss its relation with different jurisprudential issues and its applications from the Shiite and Sunnite point of view.

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