The invalid marriage contract between Islamic jurisprudence and personal status laws in the Arab countries

Hayel Dawood

Abstract


Islam has given marriage a great importance, Due to it’s means of establishing family and preserving offspring. Marriage has its pillars and conditions to be created in Islam. It is also surrounded with conditions and controls that make it valid, and to achieve its desired goals. If such conditions and controls are lost, then the contract is void and has no consequences, and if conditions of contract validity are lost, then the contract is corrupted and some effects of legal marriage still exist. The aim of this research is to study the invalid contract, its conditions and effects. A comparative study between Islamic jurisprudence and personal status laws in the Hashemite Kingdom of Jordan and the Syrian Arab Republic and the common law in the Gulf Cooperation Council. The research reached to a conclusion that the juristic madhahib have said that invalidity of contracts can be applied to invalid contracts in marriage. This is contrary to what many researchers have said that the theory of the invalid contract is applied only to contracts of financial transactions. The research has found that this is a point of agreement between the laws of personal status in dividing marriage contracts into invalid, and valid. Some recommendations are made in order to amend these laws in terms of some cases of invalid marriage and some of its effects

Keywords


Marriage contract; invalid marriage contract; personal status laws.

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