The impact of the waiver of marriage announcement on the validity of the contract

Almabrouk, Mahdi Amin Mousa and Muhammad Husni, Ahmad and El-Seoudi, Abdel Wadoud Moustafa Moursi (2013) The impact of the waiver of marriage announcement on the validity of the contract. Journal of Islamic and Human Advanced Research, 3 (7). pp. 451-457. ISSN 2314-7113 E-ISSN 2231-8968

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Abstract

This paper discusses the subject of waiver of a right related to both of the spouses which is the announcement of marriage. The research question is: if the couple holds the marriage contract in the presence of two witnesses, but without the knowledge of others, will their marriage be true? One objective of the research is to prove that the registration of the marriage contract in the presence of two witnesses at the competent Sharia court is a legitimate declaration of marriage. This research found, after studying the evidences of majority of scholars and the Maliki doctrine, that the contract and the condition are correct in the abovementioned case.

Item Type:	Article (Journal)
Additional Information:	8721/69991
Uncontrolled Keywords:	Announcement of marriage; Contract; Witnesses; True; False; Scholars
Subjects:	K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP173.25 Islamic law and other disciplines or subjects
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	Dr Ahmad bin Muhammad Husni al-Jufri
Date Deposited:	04 Sep 2019 15:38
Last Modified:	04 Sep 2019 15:38
URI:	http://irep.iium.edu.my/id/eprint/69991

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