نشأة و ضوابط عمل المأذون الشرعي في الفقه الإسلامي و القانون الإماراتي

Abstract EN

This study deals with the concept of the historical development of the marriage official and the rules of his work in Islamic jurisprudence and the UAE law.

The study is divided into two sections that discussed: (1) the origins of the marriage official in Islamic jurisprudence and in the UAE law; and (2) the controls of the work of the marriage official in Islamic jurisprudence and in the UAE law.

The importance of this study lies in its exploration of the historical development of the judiciary and legal authority in Islamic jurisprudence and the UAE law and the consequent preservation of rights and obligations in case of defiance and denial.

It also sheds light on the controls of the work of the marriage official.

Since he is a deputy of the judge, he must observe the controls set out by the law and the UAE law.

The study concluded that the concept of the marriage official is correlated with the judiciary and that the caliph or his deputy used to perform this task until the term “the marriage judge” or “the marrying judge job” was coined in the countries of Andalusia and Morocco.

In the United Arab Emirates, before the union, marriage was under the responsibility of the sheikh of the tribe or persons known to have certain knowledge in the field of law and justice.

Later, the concept evolved into ‘Al-Mumlik” or “Al-Maleej”.

Four decades after the establishment of the union, law (619) of 2016 regulating the work of the marriage official was issued.

This law required the competent authorities in the State to carefully choose the marriage official because he is considered as the deputy of the judge and therefore must comply with some of the controls specified by the legislator and the law.