الإشكالات الفقهية المتعلقة بقائمة المنقولات الزوجية

الملخص EN

Doctrinal problems related to the list of marital movables
Ismail Al-Sayed Al-Arabi Ismail Ibrahim.

Department of General Jurisprudence, Faculty of Sharia and Law, Tafna Al-Ashraf - Dakahlia, Al-Azhar University, Egypt.

E-mail: Esmailalarby.31@azhar.

edu.

eg

The list of marital movables is one of the contemporary topics that has been customarily written to guarantee the right of the wife, and it may be used as a sword hanging over the necks of husbands, which made it occupy a large area of the family courts, impede the continuation of marital life, and raise many problems that should be clarified in a balanced jurisprudential framework.

I have tried to highlight those problems that represent a demolition of the family and destabilize it, and treat them in accordance with the true Sharia and appropriate to the times, and it has shown the clear difference between jurisprudence and law in this issue, indicating the appropriate jurisprudential adaptation for the husband's receipt of her, and his disposal in it is subject to the wife's permission, and it was one of the most important problems that It was highlighted by its ruling in the two cases of divorce before consummation and khul', and the formal surrender to it, indicating the injustice committed against the man and in violation of the legal texts, which requires the husband to sign upon receipt that it is from the dowry, and the legislator must make amendments in the personal status law in accordance with the justice that God Almighty legislated Almighty - by considering the list as an accelerator for the dowry and not as a civil right; Because it is linked to the marriage contract, and the invalidation of the corrupt custom in proving the husband not receiving the formulas in accordance with reality and custom, and taking the testimony of witnesses when the formality is verified because the element of surrender is ent.