حكم ولاية الفاسق على موليته في النكاح : دراسة فقهية مقارنة

الملخص EN

The disequilibrium is a State mental or brain disorder, causing turmoil in recognition, and behavior, reaching a point of losing compatibility with reality, and that the issue of the requirement of the guardian in man-iage is surpassed by the views of the majority of Maliki, Shaffi and Hanbali, for the undoubted and strength of proofi, and for the consensus among the prophet's companions on saying that the requirement of the father,'guardian in the marriage is necessary.

The prevailing opinion is the one saying that the reprobate is required for marrying his fellow—woman.

This is the Hanafi and Maliki's opinion, and in other narration by Ahmad as well, a view taken by the Jordanian Personal Status Law, because the debauchery does not prevent the eligibility of the guardian.

nor prevent him from considering the interest of his fellow-woman.

It is also for the fact that fathers fear disgrace.

It is also due to their innate pity, which makes them choose the efficient x husbands.