University of Khartoum

زواج المسيار دراسة فقهية مقارنة

زواج المسيار دراسة فقهية مقارنة

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Title: زواج المسيار دراسة فقهية مقارنة
Author: سليمان بن راشد بن زيد الفهيد
Abstract: This research deals with the issue of Missiar Marriage which is currently deemed of great importance. It aims at exploring its rules from jurisprudential point of view to decide whether it conforms with legitimate marriage contract or not. The study has been divided into an introduction and four main chapters and a conclusion. It defines the contract of marriage, its goals, elements, conditions, definition of Missiar Marriage and how it is distinguished from legitimate contracts of marriage and concludes with the Jurisprudential validity of this kind of marriage in the light of different Jurisprudential schools of figh . This research depends upon the comparative, descriptive and analytical methodology by furnishing the opinions of the different scholars of different figh schools and analyzing and comparing then accordingly of allowed balancing and preponderance. The study concludes that the Missiar Marriage is concluded by offer and acceptance, witnesses and guardian, and in this respect it is similar legitimate marriage contract. But nevertheless, this type of marriage contract with its two forms is an illegitimate marriage contract to block ways for corruption since this type of marriage is completely against the ultimate goals of sharia and the unanimity of figh scholars who are of the opinion that it is and unacceptable (illegal) to deprive the wife of her legal rights of maintenance and sleeping in addition to nondisclosure and non-authentication of the marriage itself. This is a against the sharia interests the conform with the ultimate goals of sharia. The study recommends that the academies of Islamic jurisprudence and Ifta bureaus have to consider this type of marriage and its consequences in a time in which the woman is in great need for her rights
Description: 303 Pages
URI: http://khartoumspace.uofk.edu/handle/123456789/11890
Date: 2015-06-14


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