A Study on the Temporary Marriage Contract in Iranian Law Are Women Safe in Temporary Marriage Contracts?

2018 ◽  
Author(s):  
Sheida Banasaznavaei
Keyword(s):  
Iranian Law ◽  
Marriage Contracts ◽  
Marriage Contract ◽  
Temporary Marriage

scholarly journals Is It Possible to Perform Online Marriage during COVID-19 Outbreak?

2021 ◽  
Vol 1 ◽  
pp. 1-4
Author(s):  
A Syatar ◽  
M Bakry
Keyword(s):  
Marriage Law ◽  
Space And Time ◽  
Legislative Body ◽  
Marriage Contracts ◽  
Islamic Jurisprudence ◽  
The Future ◽  
Marriage Contract ◽  
Marriage Laws ◽  
The Government

This article aims to initiate on performing marriage contracts virtually during the co-19 pandemic in Indonesia. This article adopts normative and empirical facts that occur among Muslims in Indonesia. An interesting result of this study state the teachings of Islamic jurisprudence allows do a marriage contract via online as discussed by classical clerics across schools. The consideration for the government and legislative body in the future should be to look again at the views of classical and contemporary scholars. Muslims must accept the fact that marriage in Indonesia no longer refers to the books of the clergy, but to the marriage law. Therefore, the book of scholars is used as a source for updating the marriage law for the understanding and benefit of Muslims. Without banging on religious and state polemics but integrating them into marriage laws relevant to space and time

scholarly journals PROTECTING A WIFE FINANCIALLY AT THE TIME OF DIVORCE – A COMPARISON BETWEEN SOUTH AFRICAN WOMEN MARRIED IN TERMS OF SOUTH AFRICAN CIVIL LAW AND ISLAMIC LAW, WITH SPECIFIC REFERENCE TO THE MAHR

Obiter ◽  
2021 ◽  
Vol 33 (3) ◽  
Author(s):  
Marita Carnelley ◽  
Suhayfa Bhamjee
Keyword(s):  
South African ◽  
Islamic Law ◽  
Civil Law ◽  
African Women ◽  
Specific Reference ◽  
The South ◽  
Protective Measures ◽  
Marriage Contracts ◽  
Marriage Contract ◽  
South African Women

This article compares the South African civil-law and Islamic-law positions with regard to the financial protective measures available to a wife at the time of marriage and divorce. In this regard, the respective matrimonial property systems are discussed, with special emphasis on civil antenuptial and Muslim marriage contracts. In addition, other protective measures inherent to the two systems to prevent prejudice both during the marriage and at the time of divorce, are discussed. It is submitted that, although the provisions of Islamic law do not provide the same financial protection for wives compared to the South African civil law, the Islamic concept of mahr could potentially be used in the Muslim marriage contract to enhance financial security of a Muslim wife at the time of divorce. The article also considers dual marriages where the same spouses marry each other in terms of both civil and Islamic law. In particular, the incorporation of the Islamic concept of mahr into civil antenuptial contracts is discussed with reference to the legal position in Canada to illustrate potential legal problems. 

scholarly journals Harmonisasi Tradisi di Tengah Modernitas Umat: Kajian Fenomenologi terhadap Akad Nikah Samin Kudus

2021 ◽  
Vol 16 (2) ◽  
pp. 141-156
Author(s):  
Moh Durrul Ainun Nafis
Keyword(s):  
Edmund Husserl ◽  
Traditional Beliefs ◽  
Cultural Discourses ◽  
Marriage Contracts ◽  
Marriage Contract ◽  
The Face ◽  
Phenomenological Methodology ◽  
Plural Society

Within a plural society, social and cultural discourses are frequently becoming a scourge. One of them is the blending of traditions in the face of people's modernity, such as the link between Islam and the indigenous Samin's traditional beliefs. The purpose of this study is to conduct a phenomenological investigation into the Samin Kudus custom of marriage contracts. Data was gathered using descriptive techniques such as observation, documentation, and interviews, and then analyzed using Edmund Husserl's phenomenological methodology. According to the findings, the marriage contract was held between the groom and the bride through the Samin custom of the marriage contract procession. This is due to the fact that the potential groom is of Samin custom practitioners who also embraces Islam belief, whereas the bride is a Muslimah. In addition, the marital contract procession is a harmonization across traditions in the study of phenomenology, specifically in harmonizing customs and religion through the stages of nyumuk, mbalesi gunem, ngendek, and paseksen. Diskursus sosial dan budaya kerap kali menjadi momok dalam kehidupan masyarakat majemuk. Salah satu di antaranya ialah harmonisasi tradisi di tengah modernitas umat seperti keterkaitan antara Islam dan adat kepercayaan Samin. Tujuan dalam penelitian ini ialah untuk melakukan pendalaman fenomenologis terhadap akad nikah berdasarkan adat Samin Kudus. Data penelitian dihimpun melalui observasi, dokumentasi, dan wawancara dengan teknik deskriptif, kemudian dianalisis menggunakan teori fenomenologi Edmund Husserl. Hasil penelitian menunjukkan bahwa akad nikah yang dilangsungkan antara pengantin pria dan wanita melalui prosesi akad nikah berdasarkan adat Samin. Hal ini disebabkan pengantin pria adalah seorang keturunan adat namun telah berstatus sebagai muslim, sedangkan pengantin wanita beragama Islam. Selain itu, dalam kajian fenomenologi prosesi akad nikah merupakan harmonisasi lintas tradisi, yakni menyelaraskan adat dan agama melalui tahapan nyumuk, mbalesi gunem, ngendek, dan paseksen.

scholarly journals Problematika Akad Nikah Via Daring dan Penyelenggaraan Walimah Selama Masa Pandemi Covid-19

2020 ◽  
Vol 1 (1) ◽  
pp. 68
Author(s):  
Mahardika Putera Emas
Keyword(s):  
Research Method ◽  
Legal Research ◽  
Conceptual Approach ◽  
Marriage Ceremony ◽  
Marriage Contracts ◽  
Marriage Contract ◽  
Concrete Solution ◽  
Sophisticated Technology ◽  
The Way

The implementation of marriages during the Covid-19 pandemic was hampered, so that there were adjustments in the marriage ceremony, in this case the marriage contract and the holding of a walimah so that it could be held. The development of increasingly sophisticated technology is the intermediary. One of them is to do a marriage contract online through a video call application. The purpose of this research is to study and analyze the validity of the implementation of online marriage contracts and the holding of walimah during the pandemic, so that a concrete solution must be found. The research method is normative legal research, with a statutory approach, conceptual approach and case approach. The results of the study show that online or online marriage contracts using internet-based video call applications cannot be permitted, this is due to the physical obligation of ittihad majelis (unified assemblies). Postponement of holding the walimah during the Covid-19 pandemic in order to avoid crowds of people, by paying attention to the principles of fiqh. The solution is for the marriage contract in the covid-19 pandemic season, which is to carry out the marriage contract in the way that the prospective groom is represented in the marriage contract process, while holding the walimah distributing food to neighbors and those in need.

scholarly journals AKAD NIKAH ULANG SEBAGAI RITUAL MEMPEROLEH KETURUNAN DALAM TINJAUAN HUKUM ISLAM (STUDI KASUS PADA PASANGAN SUAMI ISTRI DI DESA TINGGEDE KEC. MARAWOLA KAB. SIGI)

2020 ◽  
Vol 1 (1) ◽  
pp. 61-79
Author(s):  
Moh. Rizal ◽  
Muh. Syarif Hasyim ◽  
Sitti Nurkhaerah
Keyword(s):  
Data Collection ◽  
Islamic Law ◽  
Married Couple ◽  
Field Research ◽  
Marriage Contracts ◽  
Marriage Contract ◽  
The Gift ◽  
Islamic Religion ◽  
Data Collection Technique ◽  
The Village

Based on the research background that has been mentioned, the remarriage agreement as a ritual of obtaining offspring in a review of Islamic law, a case study of a married couple in the village of Tinggede, Kec. Marawola Kab. Sigi, then obtained several objectives from this study, namely to explain and describe how the process of remarriage contracts for couples in the village of Tinggede Kec .arawola, Kab. Sigi as a ritual to obtain offspring and how Islamic law review of the remarriage agreement to the couple in the village of Tinggede Kec.Marawola, Kab. Sigi as a ritual to get offspring. This study uses a qualitative approach with more emphasis on the relevance of the findings that occur in the field, so that the data can be presented in actual terms, the data collection technique used is the field of data collection techniques (field research). The intended data collection technique is collecting a number of data directly. The results showed that the process of implementing a marriage contract that occurred in couples in the village of Tinggede was as follows: firstly there was an underlying reason and secondly halal and haram re-marriage contracts were seen in terms of or the intention behind the process of a remarriage contract. So that in the Islamic religion, the glasses of Islamic law see this as a prohibition because of the descendants in a family, purely the gift of Allah. Humans can only endeavor, looking for reasons that are permitted by the Shari'a to get them.

Problems of legal regulation of a marriage agreement in the Russian Federation

2022 ◽  
pp. 73-78
Author(s):  
E. V. Voskresenskaya ◽  
N. N. Zhil’skiy ◽  
M. V. Kolmogorov 
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Positive Trend ◽  
Unresolved Issue ◽  
Marriage Contracts ◽  
Legal Nature ◽  
The Family ◽  
Marriage Contract ◽  
The Russian Federation ◽  
Family Code

This article is devoted to the application of the marriage contract by persons entering or already married. The authors define the relevance of concluding marriage contracts and emphasize the positive trend of their application in Russia. As a rule, the question of the division of property is the most difficult and problematic both in theory and in practice. In scientific circles, there is a discussion about the legal nature of the marriage contract. The specifics of its conclusion and the scope of regulation of relations do not give an unambiguous answer about the branch affiliation of this legal institution. There are also a large number of gaps in the Family Code of the Russian Federation due to the lack of legislative consolidation of some aspects related to the contractual regime of spouses’ property. In addition, there is still an unresolved issue regarding the conditions and procedure for concluding a marriage contract by minor citizens entering into marriage. In the article, the authors come to the conclusion that the marriage contract as a legal phenomenon requires more legal regulation at the legislative level.

State, feminists and Islamists—the debate over stipulations in marriage contracts in Egypt

1999 ◽  
Vol 62 (3) ◽  
pp. 462-483 ◽  
Author(s):  
Ron Shaham
Keyword(s):  
Marriage Contracts ◽  
Marriage Contract ◽  
The Creation

A new dispute between Shaykh al-Azhar and the [Chief] Muftī concerning the marriage contract: Shaykh al-Azhar argues that the new contract permits the forbidden and forbids the permitted, that the contract is the creation of the secularists, and that it contains forbidden innovation (bid‘a) and is misleading; the Mufti holds that the contract does not permit the forbidden or forbid the permitted, that it is a result of a permissible independent reasoning (ijtihād mashrū‘), and that some of the articles included in the contract were approved by a few classical jurists.

scholarly journals Marriage and Divorce of Christians and New Muslims in Early Modern Ottoman Empire: Crete 1645-1670

2013 ◽  
Vol 93 (2) ◽  
pp. 495-514 ◽  
Author(s):  
Eugenia Kermeli
Keyword(s):  
Early Modern ◽  
Ottoman Empire ◽  
Islamic Law ◽  
Judicial System ◽  
Legal Advice ◽  
Marriage And Divorce ◽  
Marriage Contracts ◽  
Marriage Contract ◽  
Legal Concepts ◽  
Christian Woman

Abstract This paper focuses on many interesting remarks with regard to the application of Ottoman law in Crete in the second half of the XVII century. At that time, the general principles of Ḥanafī law on marriage and divorce were followed and the Ottoman modifications stressing the judicial and sultanic authority were observed. The registration of marriage contracts is considered an important if not necessary requirement. The aim was to alleviate complications in case of divorce or death of one of the spouses. The petition to the judge to reissue a marriage contract was a practical necessity, an example of which is the order of the judge to produce the marriage contract, as proof. This does not mean though that practice was similar everywhere in the empire. Societies like the Cretan one with a long tradition of written documentation, inherited by the Venetians, was more apt to adopt Ottoman innovations on registration than towns in Anatolia. Christians and new Muslims in Crete seem to have adapted rather rapidly to the introduction of the new judicial system. They can defend themselves successfully in court and they are aware of procedure. It is remarkable to see a Christian woman achieving the rehearing of her case through a sultanic order few years after the conquest. I cannot however but wonder about the type of legal advice and aid she had received local customs like the traditional dowry given by the wife to the husband, is thus disguised, as gift to adhere to new legal concepts. Social problems like poverty, forced conversion or second marriages, illustrate the problems the judge was faced with. Thus the ottoman judge uncertain as to whether the rapidly changing Cretan society, with the numerous converts and non-Muslims is capable of understanding fine points of Islamic law, operates as an educator reminding the litigants of their obligations.

Representative, as a third person in the marriage contract

2020 ◽  
pp. 164-168
Author(s):  
Liubomyr Shevchuk
Keyword(s):  
Family Law ◽  
Research Process ◽  
Third Party ◽  
Practical Significance ◽  
Western World ◽  
Legal Norms ◽  
Marriage Contracts ◽  
Marriage Contract ◽  
Third Person ◽  
Western Law

Purpose. The purpose of this article is to highlight the advantages of the representative in the marriage contract, analysis of the vision of experts, scholars on the possibility of attracting a representative as a third party to the marriage contract in the legal field today, consideration of the subject composition of persons entitled to enter into such a transaction as a marriage contract, the need to implement certain basic provisions of the legislation of European countries in the national. Method. The methodology includes analysis, generalization of available scientific and theoretical material. The following methods of scientific cognition were used in the research process: system-structural, comparative. Results. In the course of the research, the significant practical advantages of the representative as a third party in the marriage contract are considered, which is manifested in the mobility of the process of fulfilling those conditions which under certain circumstances (illness, work, preoccupancy, etc.) make it impossible for the parties to fulfill their duty. is certainly an important factor for each situation. These circumstances serve as a basis for making changes by supplementing the legal norms of family law. Scientific novelty. The European world always brings us a kind of novelty on the horizon of the legal field, and in fact, such a normative document as a marriage contract is probably no exception for the citizens of Ukraine. The conclusion of marriage contracts is still a somewhat dubious phenomenon for the average Ukrainian, a certain novelty of the Western world. Everything related to the concept of "marriage contract" is insufficiently studied and is the basis for further research and, in particular, the study of such a component of the marriage contract as a representative, which is a certain functional, executive lever of the parties, which in Western law acts as a third person. Practical significance. The results of the study, the conclusions, can be applied or taken into account in law enforcement practice in the field of family law.

scholarly journals Perempuan Sebagai Wali Nikah

2007 ◽  
Vol 5 (2) ◽  
pp. 281
Author(s):  
Moh. Fauzi
Keyword(s):  
Legal Issue ◽  
Marriage Contracts ◽  
Islamic Jurisprudence ◽  
Marriage Contract

The debate on whether or not a wali is required in a marriage contract has been a long standing issue among Muslim jurists, particularly during the formation of madzahib (schools of thought). The mainstream view held by Indonesian Muslims who are mostly adhered to the Syafi'i madzhab is that the presence of a wali becomes a criteria for the validity of a marriage. However, if the issue of wali is being re-examined by using historical and Islamic jurisprudence approach it is found that the presence of wali is not required in all marriage contracts of all women. A woman may become a wali and may marry off herself without a wali if she fulfils the requirement of being a wali, namely intelligent, sound of judgment, mature and independent. Such a view is held by scholars from the Hanafi school of law. Nevertheless, the concept of wali is not merely a legal issue; it is a meant for guaranteeing the wellbeing of a woman upon entering her marriage. The Prophet is therefore suggested that wali should be presented in a marriage contract.

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