الكفاءة في الزواج : دراسة فقهية مقارنة بقانون الأحوال الشخصية الإماراتي

الملخص EN

This research aims to clarify the laws of competence in marriage that are thoughtfully sited in books of jurisprudence of all schools of thought, with a comparison with what has been done in the UAE Personal Status Law by virtue of the presence of this condition strongly in this law and in Gulf norms, and it has shown the reality of competence in marriage in Islamic jurisprudence and the Emirati personal status law, and defined its considered qualities, who is proven to have the right to them, the time of consideration, the marriage ruling that will come as a result to it, and the relationship of the judiciary to the competence in the marriage contract.

The study concluded the following results: 1 / The most correct of the sayings of the jurists is that competence in marriage is an imperative condition and not a condition of validity, which was adopted by the UAE Personal Status Law.

Moreover, taking into account competence is not a distinction between human beings, but rather a preparation for conditions for the emergence of a balanced marital relationship, and in the event that the right holder waives his right to it.

The marriage remains valid.

2 / The UAE Personal Status Law agreed upon what the jurists agreed upon, that the qualities of competence in marriage are the quality of religion, and as for the rest of the traits, it has been assigned to determining them to custom, which is in accordance with the principle adopted by the jurists (regardless of their different sects) in determining the remaining qualities.

3 / Competence in marriage in both Islamic jurisprudence and the UAE Personal Status Law is a common right between the guardian and the woman.

4 / When considering the right of a woman and a guardian to competence in marriage in both Islamic jurisprudence and the Emirati Personal Status Law, it is only at the beginning of the contract, and her disappearance after it is not harmful, without differentiating between the guardian or the woman in that