مدى جواز تولي عاقد واحد إبرام عقد الزواج : دراسة مقارنة بين الفقه الإسلامي و قوانين الأحوال الشخصية

Joint Authors

الخفاجي، أنغام محمود شاكر
الفتلاوي، سلام عبد الزهرة عبد الله

Source

مجلة الكلية الإسلامية الجامعة : مجلة علمية فصلية محكمة

Publisher

Islamic University of Najaf

Publication Date

2015-12-31

Country of Publication

Iraq

No. of Pages

18

Main Subjects

Sociology and Anthropology and Social Work
Law
Islamic Jurisprudence and its Foundation

Topics

• Islamic jurisprudence
• Personal status law
• Contracts
• Marriage
• Comparative analysis

English Abstract

Origin that contractors (husband and wife) were the ones who Lieberman marriage contract, the two issued them the contract formula and this is the origin as the legal actions, including the marriage originally the contract to conclude the authenticity of the contracting parties, but may proceed with the contract person who is not contracted with him in this task, such as parent or guardian or agent, and what was the marriage contract of privacy is that way for the emergence of a common life and a way to save the offspring and build a family, which is the basic building block of society, in which case the question arises about the possibility of concluding the marriage contract by one person represents the will of the contracting parties (husband and wife), as raised in the discussion of Islamic jurisprudence on this subject and figured we had two Vgahatan passed it first, while the second prevented the possibility of taking one person to conclude a marriage contract as Arab personal status laws have taken different positions To enclose this subject from different aspects and we found it appropriate to divide the research on two topics we will discuss in the first point of those who say that is not permissible to take a marriage contract and a contract of marriage and Snksmh on two demands we will show in the first demand content and the hand of those who say not permissible to take a marriage contract and a contract of marriage and we will in the second requirement for evidence they depend on, and the second topic Fsnchrish of view of those who say the permissibility of taking a marriage contract and a contract of marriage and we will address this issue on two demands Snfred first of the content of the view of those who say the permissibility of taking a marriage contract and a contract of marriage, and we will show in the second, the evidencethat they depend on We came all this conclusion we fix the most important findings and recommendations.

Data Type

Conference Papers

Record ID

BIM-805492

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