The condition and its jurisprudence implications into the marriage contract: an analytical study

Abstract

This analytical study discusses the legal requirement in the Shariah texts, the opinions in the marriage contract. The problem is the lack of knowledge of forensic science, and the increased confidence in those who are not eligible for fatwas, which resulted in marriages that were not related to legal marriage except for the name only; such as marriage in the intention of divorce, customary marriage, “Tisyar” marriage, and tourist marriage. The objective of the study is to determine the legal ruling in the marriage contract terms. The study followed the descriptive method. The findings revealed that; the terms of the guardian, consent, naming of spouses, the confirmation, and the presence of witnesses; are all conditions that marriage is not valid without their availability, because they are terms that guide the evidence. The efficiency term is a condition for the necessity of marriage but not its validity, even when the wife waiver it is still true marriage. Maternity is obligatory in marriage and is not a condition for its validity. The effect is obvious when we link the judgment to health or corruption, given the availability of the legal conditions for the meaning of the contract.