زواج الأشخاص ذوي الإعاقة العقلية و أحكامه الفقهية

Abstract EN

Marriage is a human nature that Allah Almighty has legislated، desires and took care of، and has made provisions for it in his Islamic law and etiquette that preserve the continuation of the marital relationship، in order to achieve the intended purpose of procreation and the survival of the human race, and whoever has a mental disability has the right to marry with an indication of the faults that each of the spouses or their guardian has the right to Termination of the contract because of it, then the marriage must be based on honesty and not deceit.

The legitimacy of marriage in Islam came according to the Qur’an and Sunnah and the consensus of the Islamic nation، and there are different types of disability: sensory disability, impaired mobility، and mental handicap.

In order for the marriage contract of the mentally disabled person to be valid it must meet general conditions and conditions for the mentally handicapped, such as not cheating and concealing faults at the time of engagement and that the marriage be safe from aggression and no harm to the other party.

I have shown in the research the legal ruling on the marriage of a mentally disabled person so the legal ruling was based on the condition of the mentally handicapped so if the handicapped was a young person (not an adult) then the jurists differed on two sayings.

First: He went on to say that it is permissible for a young person with a disability male or female, to marry provided that his guardian or whom On his behalf the initiation of the contract, and the second saying: It is said that it is not right for a mentally disabled young person to marry, and he does not have his guardian or his representative to marry him, and I preferred this saying that there is no need to marry him when he is young, so that marriage does not result in childbearing because they are not adults with the fact that they need care .

As for if the condition of the mentally disabled person is an adult, the jurists have agreed on the validity of the marriage of the mentally handicapped, whether male or female, if the conditions of marriage are met and there is a preponderant interest for the spouses and no harm will be done and was under the supervision of a guardian or a guardian who manages the family affairs، and legal fatwas (Islamic advisory opinion) have been issued so.