مشروعية الزواج الالكتروني

Abstract EN

Marriage through modern means of communication, or what is known as (( electronic marriage)) , is a result of modern technology, as it did not exist nor usual during the time of judgments or in the era of codification of jurisprudence, but rather was found in the current era as a result of tremendous electronic development, but despite that, the rules of Islamic law are valid for all New and keeping pace with every development thanks to the flexibility of its provisions and the overall rules, and this is why the jurists rushed to study this type of marriage, as this issue made a great difference in the matter of Determining its contract board, terms, and other matters.

The issue of the electronic marriage contract is extremely important, which led to the expansion of jurists in their works on this subject in terms of its intentions and effects because it is legitimate in the book, Sunnah and consensus, which indicates its importance to show the correct legal ruling to rely on.

Accordingly, we will divide this issue into three topics, as follows: The first topic: The concept of electronic marriage and its conditions.

The first requirement: Definition of electronic marriage.

The second requirement: Conditions for electronic marriage.

The second topic: Adaptation and legitimacy of the electronic marriage contract.The first requirement: Adapting the electronic marriage contract.

The second requirement: The legitimacy of electronic marriage.

The third topic: Ruling on electronic marriage.

The first requirement: Ruling on an electronic marriage contract in writing Given the importance of this topic, we recommend the following : 1- Not to allow such a marriage, except for people whose circumstances do not allow them to meet in a single assembly 2- Given the importance and seriousness of this type of marriage, it is necessary to add legal articles to the Personal Status Law that regulate the provisions of this marriage.

3- Given the sacredness of the marriage contract, the matter requires checking the information of both parties and witnesses before the conclusion of this contract in order to prevent manipulation and fraud that may occur by one of the parties.