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Arbitrariness in the guardianship of marriage (A Comparative study) | ||
| Journal of college of Law for Legal and Political Sciences | ||
| Article 5, Volume 8, issue 31 part 2, 2019, Pages 104-158 PDF (806.14 K) | ||
| Authors | ||
| Kays . A. Issa; Firas. J. Al-Khatony | ||
| Abstract | ||
| The guardian's prevention is the most prominent application for the arbitrariness which is used to marry by guardianship in Islamic jurisprudence . We have discussed its concept conditions, images and its rulings in the Islamic jurisprudence, and we found some difference between the doctrines of jurisprudence in these matters, but the guardian prevention nevertheless has two main images in Islamic jurisprudence. Whereas, the comparative laws have different situations. For instance, the Iraqi law texts are suffering from shortcomings and deficiencies while the Egyptian law has depended completely to the Hanafi school. However, the UAE law texts were good in general, the UAE law expressly forbids the guardian prevention and decided to withdraw this authority from the guardian. In contrast, the Algerian law does not leave any material to treat the guardian prevention after the last amendment. | ||
| Keywords | ||
| Arbitrariness; the guardianship of marriage | ||
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