سلطة القاضي يف التفريق والفسخ بني الزوجن = The power of the judge to separate and annul the spouses

Ebady, Hosamuddin and Amanullah, Muhammad (2021) سلطة القاضي يف التفريق والفسخ بني الزوجن = The power of the judge to separate and annul the spouses. Al-Risalah Journal, 5 (3). pp. 104-131. E-ISSN 2600-8394

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Abstract

In Islam, marriage contract is a sacred link that brings man and woman together. It gives the marital relation its legal cover. So, for this relation to be stable and fulfill its objectives, it should be established based on clarity and mutual consent between the two parties. Thus, if a party suffers a physical or mental defect of which the other party is not aware of and did not indicate acceptance of, this implies that there is no consent toward the defected party. The other party may lose his/her interest or purpose of the marriage. Hence, Islam grants the right of dissolving the marriage contract to both parties in case it was learned, after the marriage is solemnized, that a partner suffers a defect. Islam also set rules and terms for such dissolution to happen. Therefore, this research is important because ending a marital relationship happens in various contexts and varies according to causes which the research addresses besides other relevant issues.

Item Type:	Article (Journal)
Uncontrolled Keywords:	Marriage contract, marital relationship, separation, Jury’s authority, the right of nullifying the marriage contract.
Subjects:	K Law > K670 Family Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	Prof Muhammad Amanullah Amanullah
Date Deposited:	07 Feb 2022 08:25
Last Modified:	07 Feb 2022 08:40
URI:	http://irep.iium.edu.my/id/eprint/96575

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