الولاية و أثرها في عقد النكاح

الملخص EN

What increases jurisprudence tribute and elevation is the correlation of its provisions to society.

These provisions related to the family are the most corerelated topics to society and reality of people as the family is the first building block of society and the basic pillar on which its strong edifice is based.

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A family is a small society and the nation is a group of families that correlate together and cement with legal bases on which they are built on.

The strength of the nation proportionates with the quality of the bases on which it was built on.

And if the family is the pillar of the nation, marriage is the pillar of the family through which it is established and thus Islam takes great care of this contract and the provisions that arise from it and the consequences thereof.

What increases this contract and even makes the whole society mutually supportive and cooperative in it and for the sake of its success, the issue of guardianship, including the increased consideration of the guardian who is often more experienced and knowledgeable than the guardian who is less in all of that considering the perfection of his guardianee compassion and his keenness on the interest of the guardianee if the conditions and controls are achieved in the guardianship.

Therefore I resolved to clarify this issue especially since many types of marriage had spread in those ages many of which were devoid of the guardian and the woman had the right to contract without referring to the guardian or his permission but in many of them the wife was a minor (not an adult) instead, what made the so-called common-law the secret marriage and blood marriage spread, so I clarified the lawful provisions in many matters related to guardianship whether it is compulsory or mandatory and desirability as well as the provisions and types of guardianship and so on.