الانحرافات في إنشاء عقد الزواج و فرقه في ميزان الفقه الإسلامي

الملخص EN

The aim of the research: To show the fiqh rulings of the deviations arising in the marriage contract and its difference.

The Approach: The Inductive Analytical Approach.

Fiqh has given the Muslim family great attention, based on its preservation, care and stability, so the right and proper marriage is prescribed to build it, in order to achieve a great goal, which is reproduction, and reproduction for the purpose of the continuation of the human race in order to achieve the architecture that Allah Almighty wanted for Earth.

This desired goal of marriage is not achieved unless the marriage was established correctly, according to the rules and regulations set by the wise Allah because the contract that benefits the jurisdiction of enjoyment and its solution is the correct legal contract that has completed its strings, and in the event that these strings or some of them are lost, then we are facing a real deviation in marriage, and in a difference.

This contract came in the sharia with governing and controlling rules to end the marital bond, and the deviation in the marriage difference is the violation of the correct and sound principles and rules laid down for the infliction of divorce or khula.

The research came as my attempt to collect the images that appear in the deviation in the establishment of the marriage contract and its forms.

In the establishment of the marriage contract, the images of deviation were represented in the marriage of the woman without her guardian with lack of incompetence, with exposure to some contemporary anomalous images of the marriage contract such as tattoo marriage, lip marriage, marriage by mobile letters, cassette marriage, white marriage, gift marriage, stamp marriage, secret marriage, The deviation is also represented in forcing the woman to marry, or to marry with the intention of dissolving, or to subvert her to marry her or to marry the brothers through breastfeeding or delaying the age of marriage, or the requirement to inform the first wife, as for the deviation in the marriage difference, it appears in the divorce by causing the man to divorce in the event of a woman's menstruation.

Or divorce the three with one word, or suspending it with matters outside of its origin, or divorce as soon as the man inclines to another woman, or the request one of the wives, or divorce with the intention of depriving her of her inheritance as evidenced by the deviation in the khula, if the khula takes place without redeeming the wife, or the khula takes place forcibly.

the husband.