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State in Marriage (Comparative study between Islamic law and law) | ||
| Journal of college of Law for Legal and Political Sciences | ||
| Article 11, Volume 8, issue 29 part 2, 2019, Pages 398-446 PDF (976.99 K) | ||
| Author | ||
| Nashwan .Z.Sleman | ||
| Abstract | ||
| Guardianship is one of the matters found to seceure woman’s rights and dignity rather than to be in control of her or humiliate her after she has been keep away from men’s gatherings and privacy the purpose of which is known by the legislature, since a woman’s mingling with men’s gatherings leads to loss of her dignity and her degradation . Therefore‚ guardianship is imposed on her to protect her from what harms her or her feeling .though it was knoun to Arabs before the coming of Islam‚ Islamic law and then some legislators of personal status law regulated guardianship and changed it from a guardianship of despotism seeking to be in control of a woman and her desting in that she is deprived of being married to whom she is suitable to a guardianship of recommendation and desirability for her aftaer that Islam protects her and gives her the status she deserves and forbids the suitable to save in narrow limits for her interest .Moreover‚ it permits her ro resort to the sultan as called by muslim jurists or judge as called by law-makers to do justice with her and the sultan or judge himself undertakes the task of marrying her | ||
| Keywords | ||
| State in Marriage; Islamic law; Law | ||
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