مقاصد كفاءة النسب في النكاح بين العرف وعالمية الإسلام: دراسة فقهية

الملخص EN

This research is interested in studying the extent to which the efficiency of the lineage in marriage is considered, or not, and aims to: Explain what is meant by the efficiency of the lineage in marriage, and what is its source of jurisprudence, and stand on the sayings and evidence of the jurists related to the efficiency of lineage, and clarify its validity from its values, with an explanation of the purposes of efficiency in the lineage in marriage, and the extent of its inconsistency with the purposes of Islamic law, and has taken the inductive approach and the deductive analytical approach, and concluded From this research, there are several results, including: The efficiency of the lineage in the marriage is not considered, as it is neither a valid condition nor an unnecessary condition, so if the marriage takes place with the consent of the wife and the consent of her guardian, then none of the guardians is required to demand the annulment of the marriage for lack of parity, and there is no valid evidence regarding the efficiency of the lineage in marriage.

That the statement of equal proportions in marriage contradicts the purposes of Sharia in the principle of equality between Muslims, the universality of Islam, and the principle of differentiation based on piety.

Among the most important recommendations of the research: The work of scholars and preachers, to work to refine the customs of people in line with the principles and purposes of Islam, and to impose customs and norms that are exalted from preIslamic nervousness, and to boast lineage on the basis of arrogance and superiority over others.