A compulsion to marry- a comparative study

Section: RESEARCH
Published
Aug 4, 2025
Pages
160-202

Abstract

The Iraqi legislators regarded the compulsive marriage contract invalid, if the marriage is not commensumated, and valid if it is commensumted, where as most of the Fuqahaas (religius scholars) regarded it as invalid contract wether marriage is commenced or not, other Fughaa regarded it valid and compulsive, the some of the other recent Fughaa, a contract depending on the acceptance of the forced contract when coersive condition become void.

References

  1. Eighth: Other works1. Ahmad bin Abdul Razzaq Al-Duwaish, Fatwa of the Standing Committee for Scientific Research and Al-Afta'a, c 18, Publisher: The General Presidency of Scientific Research and Al-Afaita, No Place and Year Printed.2. The Kuwaiti Jurisprudence Encyclopedia issued by the Ministry of Awqaf and Islamic Affairs, Kuwait, c 9, 2 nd, Dar Al-Sallas, Kuwait, 1427.3. Rahima bint Hamad Al-Kharousiya, The Extent of the Possibility of Compensation for Literary Damage, Modern University Office, Cairo, 2011.4. Mohammed Saud al-Mu'aini, Diligence and its Impact on Shari'a Conducts, i 1, Al-Bassam Library, Iraq-Mosul.
  2. Ninth: Laws1. Iraqi Personal Status Law No. 188 of 1959 amended.2. Kuwaiti Personal Status Law No. 51 of 1984.3. Jordanian Personal Status Law No. 61 of 1976, as amended by Law No. 82 of the year 200104. Moroccan Family Code No. (3/70) for the year 2004.
  3. ReferencesFirst: The Holy QuranSecond: the Sunnah of the ProphetThird: Books interpretation1. Abu Bakr Mohammed bin Abdullah Ibn al-Arabi, provisions of the Koran, Dar al-Fikr for printing and publishing, Lebanon, no year printed, investigation: Mohamed Abdelkader Atta.2. Abi Jaafar Mohammed bin Jarir al-Tabari, the mosque of the statement on the interpretation of the Koran, Dar al-Fikr, Beirut, 1405 e.3. Muhammad Sayed Tantawi, Intermediate Interpretation of the Holy Qur'an, 1, 3, Dar al-Rasala, 1987.
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