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- Title
تطبيق املصلحة يف قانون األحوال الشخصية اإلماراتي "دراسة فقهية قانونية".
- Authors
محزة عبد الكريم م
- Abstract
Objective: The research examines the cases on which the UAE legislator relied to consider the interest in the UAE Personal Status Law. It aims to analyze the interest, the evidence, and terms of the interest, as well as the statement of the legal articles in which the UAE Personal Status Law relied on the interest, and then analyze the interests on which the UAE Personal Status Law was based. Research curriculum: The research was based on the inductive approach of the law's articles to identify the legal materials in which the UAE legislator relied on the interest and the analytical curriculum to indicate what those interests were and their jurisprudence of them . The results of the research concluded that the interest is: the benefit that Allah Almighty intended for his worshippers from the preservation of religion, soul, mind, money, and offspring. Much of the evidence of the validity of their invocation in the Shari 'a provisions were based on several restrictions. According to the UAE Personal Status Law, a number of the provisions adopted by the Authority have been inferred;:: The need for convergence of age between suitors, the requirement of prenuptial medical examination, the documentation of the marriage contract, as well as the determination of the age of marriage, the permission to marry the moron and the insane, the possibility of discrimination between the children in the gift, the option of remaining custody when the foster is married, and the maintenance of custody for the non-Muslim mother.
- Subjects
PRENUPTIAL agreements; STATUS (Law); MARRIAGE age; GIFTED children; PERIODIC health examinations; FOSTER children; SOUL
- Publication
Police Thought, 2023, Issue 125, p305
- ISSN
1681-5297
- Publication type
Article
- DOI
10.12816/0061430