زواج التأنيس : دراسة فقهية مقارنة بقانون الأحوال الشخصية الإمارات

Abstract EN

This study handles the issue of ''Al-Tanis'' Marriage (marriage of an old man with a woman with the aim of looking after him under the condition that the woman waives her right to sexual intercourse).

Study provides an analysis of such marriage and highlights the various views of jurists in this regard.

It also demonstrates UAE law attitude towards the marriage.

Study sets forth a definition for ''Tanis'' Marriage as per contemporary terminology.

According to such marriage the woman should waive her right to sexual intercourse while maintaining other marriage related rights.

Views of contemporary jurists have differed about the legality of such marriage.

However, study argues that the marriage is linked with the principle of loopholes closing: if the woman was also old, and the marriage was upon her consent, the marriage will be a permissible one, however if she was a young woman who approved of the marriage to achieve a material or any other interest, it is feared that the marriage might lead to sinful acts by that woman as a result of man's inability to satisfy her.

It is a prerequisite for this marriage that the man notifies the woman of his sexual impotence before the conclusion of marriage.

UAE law hasn't provided for such form of marriage, however, it considers the marriage valid if it meets all required conditions.

UAE law has introduced a condition that the age of man should not exceed the age of woman by two fold unless otherwise decided by judge.