غيبة الولي وأثرها على عقد النكاح: دراسة فقهية تطبيقية

الملخص EN

Praise be to Allah the Lord of the worlds and may the blessings and peace of Allah be upon our prophet Muhammad and upon all his family and companion.

This research was entitled by" Absence of the Gordian and its impact on Marriage Contract": Jurisprudence Comparative Study.

This study aims at identifying the rightful meaning of guardian absence, kinds of that absence and its control with revealing its impact on marriage contract and the situation of the judiciary in the Kingdom of Saudi Arabia in the guardian absence.

The study's methodology was comparative analysis inductive approach.

The research is divided in to introduction, Four sections and conclusions; its most significant results have been: The meaning of guardian absence: its dimension of f the guardian, his out of the public eye, his disappearance and low visibility whether his absence by his own free will and choice, as his absence for trade, or he was compelled to be absent, such as a prisoner and so on, Control of near absence of guardian: Each absence was by the choice the guardian, or he was forced to be absent, and making sure of his life with the possibility to review him and taking his opinion in both of them.

Control of far absence of guardian: Each absence was by the choice of the guardian or he was forced to be absent, and it was impossible to review him in both of them or the guardian missing so that his life or death couldn’t be known.

The study suggested that in case of the near absence of the guardian, the guardianship remains for him and doesn’t transfer to someone else.

The study suggested that in case of far absence of the guardian, the guardianship transfer from him to farthest.

The judiciary in the Kingdom of Saudi Arabia judged in far absence of the guardian that the guardianship transfer from him to farthest and this is what the study concluded.