Time to remit the sins? Iranian cohabitation in the context of Shi’a fiqh

Abstract

ABSTRACT In Iran, White Marriage refers to a couple's living together and having sexu-al relationship through an irreligious, illegal agreement. While Islamic Law considers it fornication, cohabitation is growing common in Tehran. This has brought to question whether Shi'a fiqh (Twelver jurisprudence) should adapt itself to this reality. To that end, we intend to undertake an examina-tion of cohabitation in Shi'a Islamic jurisprudence. We hold that to avoid further decline in relevance, Shi'a fiqh will have to define cohabitation in its intra-discourse terms in such forms as mu'ātāti (unspoken) religious vow, or new alternatives.