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- Title
انتقال ولاية النكاح إلى القاضي في الشريعة والقانون
- Authors
العبيد, أحمد خالد
- Abstract
This research is related to an important Fiqh Issue, which is the issue of the "Guardianship" in marriages. It is well known that the Guardianship originally is for close relatives according to their known rank in the family. But some reasons might shift this Guardianship from a close relative like the father to the judge, and most important reasons for this is the unavailability of the guardian from the relatives, or his absence. One of the other reason for this is, what is called as "Al-Adhl", which means refraining to marry a woman with a person fitting her efficient. This research addresses and studies the causes and reasons of this Fiqh Issue in detail, comparing the Jurisprudence opinions with Civil Marriage Laws.
- Subjects
GUARDIAN &; ward (Islamic law); INTERPRETATION &; construction of Islamic law; IMPEDIMENTS to marriage (Islamic law); RELATIVES; CIVIL marriage laws; STATUS (Law)
- Publication
Journal of Law / Magallat al-Huquq, 2015, Vol 39, Issue 3, p61
- ISSN
1029-6069
- Publication type
Article