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The capacity of a married minor (a comparative study( | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 15, Issue: 2 part 2, December 2024, Pages 579-600 PDF (589.47 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2024.185036 | ||
| Authors | ||
| Ahmed mohammed siddiq* 1; Arstan Noori Mohammed Murad2 | ||
| 1جامعة كركوك | ||
| 2University of Kirkuk / College of Law and Political Science | ||
| Abstract | ||
| This research entitled The Capacity of the Married Minor (A Comparative Study) deals with the capacity of the married minor in terms of the capacity to acquire rights and the right to litigate, comparing Islamic jurisprudence and Iraqi and comparative laws, including Syrian, Jordanian, Egyptian, and Emirati laws, highlighting the differences and compatibility between them. The subject of capacity is full of various provisions, as its scope narrows and expands from the point of view of each law, whether heavenly legislation or positive legislation, despite their differences, they aim at the public good, which is to protect the weak on earth and those who nature has deprived of the blessing of reason and good behavior, as they agree on goals and purposes, and there is no doubt that they are lofty and noble goals. One of the most important reasons that prompted me to write this topic is that the marriage of minors is considered a controversial issue that requires in-depth study to understand the different opinions of jurists. This study helps shed light on the various jurisprudential interpretations and how Sharia deals with the issue of marriage of minors. The differences in the opinions of judges regarding the legal capacity of a minor married under the law, and whether he is considered fully competent in legal transactions, requires in-depth study to understand the legal and social implications of this difference. | ||
| Keywords | ||
| Minor; Marriage; Capacity | ||
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