أثر عقد الزواج على ملكية الزوجين في الشريعة الإسلامية مقارنا بنظام الاشتراك المالي الأوروبي

Abstract EN

the research deals with the wise and balanced (Sharia,a)-Islamic law- in organizing financial affairs in the family’s life between the spouses, and comparing them with the European (French) financial participation system in this regard until the clear difference between the organization of God, (Does He who created not know, while He is the Subtle, the Acquainted?) (Al-Mulk, Aya, 14) And between the minor human organization, which unfortunately was taken by some Islamic countries, despite the clarity of its shortcomings and its conflict with Islamic law in several aspects.

Indeed, some Islamic countries decided it as a mandatory system for settling financial matters between the spouses at death or separation with divorce.

Accordingly, the research included six topics that discuss this issue with a scientific methodology that falls under these topics: a set of demands as follows: The first topic: the financial liability of the spouses, and under it two requirements: the first requirement: the definition of conscience in language and convention, the second requirement: the woman's right to own property and dispose of her money.

The second topic: Responsibility of financial obligations in the marriage contract.

The third topic: The effect of a woman’s work on her legal spending, and on her obligation to participate in the spending, and there were three requirements: The first requirement: the expense of the woman who was associated with work before the marriage contract, and the husband was satisfied with that, the second requirement: the work of the married woman without the husband’s permission, the third requirement: The work of women, if it is one of the Adequate sufficiency.

The fourth topic: the European system in the regulation of financial affairs between the spouses through financial participation between them, under this also will be four requirements: the first requirement: the concept of financial participation between the spouses in the European system, the second requirement: the scope of financial participation between the spouses and its limits, the third requirement: elements of joint ownership between The spouses in the European financial system, the fourth requirement: the spouses authority over the money jointly owned by them.