مفهوم العلة الموجبة لفسخ عقد الزواج : دراسة مقارنة بين الفقه الإسلامي و القوانين الأحوال الشخصية

الملخص EN

The marriage contract, is one of the most important contracts, which the Islamic canon and positivism laws and it was systematized carefully because of it contacts with the family living.

Starting with this importance, we find out that injured of either the couple after completion of the marriage contract by some reason or some disease which effects on stabilizing connubiality living and that leads to no achieve the aims of the marriage and prevents both couple ( groom & bridegroom ) to interpolation of its rights of enjoying which is allowed by the commencing throughout such a marriage contact .

We have discussed in this research, the damage right by discovered that reason of dissolution of marriage contract and we also explained what is that reason and it’s kinds which could be affected on dissolution the contract and what is the attitude of the Arab personal affairs laws in relating of this dissolution .Then, we already mentioned for all that by discussing of the dissolution contract meaning and the difference between it and the divorce .

After that, we finished this research by conclusion includes some results , opinions and thoughts.