أثر التأقيت في عقد الزواج

الملخص EN

Tenure is specifying the beginning and end of an action.

This could come from the divine source as an act of worship or from another source.

This research focuses on those aspects impacted by the tenure of the marriage contract rendering it null and void or invalid unless amended.

According to the Shaf’I and Hanbali schools, the text of the contract being the basic component of the contract by the unanimous consensus of the jurists, is valid only if stated in the past tense.

The Hanafi and the Maliki schools, however, allow it in the non-past.

All the prerequisites of the marriage contract statement must be fulfilled containing no subject clause.

Also, a precondition for its validity is permanency and non-restriction to a time frame.

In view of the negative effects of tenure on the marriage contract, Islam has abolished all kinds of temporary marriages, such as terminal marriage mut’a, temporary marriage, divorce pre-conditioned marriage, a marriage for the purpose of legally remarrying the former husband, and the marriage with the intention of divorce according to some jurists.