الزواج العرفي وحكمه في الفقه الإسلامي: دراسة استقرائية تحليلية

Abstract EN

This research aims to know the method of common-law marriage and its rule in Islamic Fiqh, and to study its concept, importance and judgment, by Ulams.

the problem of the subject lies in the difference between Ulam in its definition and ruling.

the importance of the topic is that it shows the preservation of the offspring and it is one of the purposes of the legislation, and it preserves social life and community values.

; the most important results of this research paper are summarized if the customary marriage contract is between a man and a woman, without a guardian or witnesses, then it is invalid according to the agreement of the Ulam, and if the customary marriage contract is without witnesses, then it is also invalid according to the Hanafis.

the Shafi'is and Hanbalis, and as for the Malikis, did not stipulate the presence of witnesses in the contract, but required the declaration and appearance of the marriage, but rather required testimony before entering, and if the customary marriage contract was without a guardian, then it is also invalid for the majority.