Silence traces in Iran judgment religion jurisprudence

Abstract

silence means refusing to say and not speak and will notice explicit or implicit legal concept lack of something. From a legal standpoint silence, except in cases of exceptional is effective and substantially lack of expression will parties is silent and this rule that silence gives consent, is including Iranian civil law origin effect, however, exceptional cases will be is silence effect. Imamieh silence as the absence is will not work unless in exceptional circumstances like silence virgin in marriage in the marriage contract, like all contracts of commitment is necessary so famous that requires commitment by the wife is declared by pair, Miss silence in marriage, according to legal scholars to accept stronger view is evidence of the commitment to prompt satisfaction that we have as a mirror of modesty virgins at marriage for the first time can be prevented from expressing and this is mirrored along silence implies consent. In this paper, we will be examples of silence in legal procedure, according to Shia jurisprudence examined.