اندیشه‌های حقوق عمومی

The phenomenon of "white marriage" as a form of cohabitation without official and religious registration is considered one of the most important legal and jurisprudential challenges in Islamic societies, especially in the era of globalization. This type of relationship, which is justified within the framework of international human rights concepts, especially the principle of individual freedom, voluntary lifestyle, and privacy, It conflicts with Islamic jurisprudential structures that emphasize the sanctity of marriage, the legitimacy of sexual intercourse within the framework of marriage, and the necessity of a legal contract. This article, using an analytical-jurisprudential approach, examines the possibility and limits of criminalizing white marriage in the Islamic legal system and analyzes its relationship with the fundamental principles of the Universal Declaration of Human Rights. The findings show that criminalizing such relationships in Islamic jurisprudence is defensible on the basis of religious arguments such as maintaining public order, preventing the spread of prostitution, and protecting the institution of the family; however, at the international level, any criminal interference in individuals' private relationships is considered a violation of individual freedoms. This conflict indicates an epistemological and philosophical gap between Islamic jurisprudence and modern human rights.