Examining the Establishment of Mahram Relations Between Adopted Children and Guardians Through the Principle of Lā Ḥaraj and the Absence of Sexual Attraction

Valizadeh, Abolghasem; Beiranvand, Fatemeh

Examining the Establishment of Mahram Relations Between Adopted Children and Guardians Through the Principle of Lā Ḥaraj and the Absence of Sexual Attraction

Document Type : Original Article

Authors

abolghasem valizadeh ¹

Fatemeh Beiranvand ²

¹ qom university

² Urmia university

Abstract

Since under normal circumstances no maḥram (legally intimate) relationship exists between adopted children and their guardians, exploring jurisprudential and legal mechanisms for establishing such relations is of considerable importance. Some juristic opinions have proposed various methods for creating maḥramiyya, including recourse to the principle of hardship (ʿusr wa ḥaraj), the presumed absence of sexual attraction between adoptees and guardians, ethical norms and educational bonds, fosterage (riḍāʿ), and temporary marriage (mutʿa). This study employs a descriptive-analytical method, drawing on library and documentary sources, to examine specifically two proposed approaches: recourse to the principle of lā ḥaraj (no hardship) and the absence of sexual attraction. The findings demonstrate that these approaches lack sound jurisprudential grounding, are not broadly applicable, and are not endorsed by Shīʿi jurists.

Keywords

adopted child, guardian, means of establishing maḥramiyya, principle of lā ḥaraj, sexual attraction.