C a e

u es
Marriage is a contract concluded between a man and a woman, who tahe' el lahu shar'aan
(could be legitimately wedded to him); and its purpose is their dwelling, continence and the
invulnerability of the nation.
AI-Khutubba (Engagement) is not binding for marriage, likewise, is the pledge thereof,
receiving Al-mahar (the dowry), accepting or exchanging gifts.
8- Each party involved in the may retract tht}reftom,
tr Ira retraction is not and the fian.cee i' marrioo to nu\rringe
may not be nullified.
a- feach of the two parties retrncts from the engag the fiance may fOOove:r his
mahar ( dowry) that he had performed or its as on its and ifnot
possible, it equivalent.
b- A dowry may be in the funn of gifts cu 'tomarily acceptoo as 'uoo,
c- If the fiance buys furnishings for the total amount of the or part thereot nnd
the tiance Iat r decides to retract from the engagement, may choQ e between
returning the Of handing over its equi as at time ofthe ofthe
whole or part thereof.
If any of both parties retracts from the engagement, in the absence of any terms or
customary practices:
a- Ifthe retraction is unjustified he may not l'i!Clnim any lhmg that he mlY given
as a gift to the other party.
b- lfthe retraction is justified, he may reclaim his gifts ifstHl ting or its equiwlent
value as on the date it is received if damaged or consumed,
a-Ifthe engagement ends by the retmction of both COOlU e of any
retraction of the other is considered l and paragmpb lib" ofthe
article may he enforced, otherwise, :nch should retlaim their gifts if till ex.i ting.
b- If it ends becau 'e of death Of for contingency reason \ may not be reclaimed.
In any event , gifts of perishable nature can not be returned.
Marriage is concluded by ij ab (answering in the affirmative) by the wife's wali
(legitimate guardian) and the qubul (consent) of the husband or their representatives.
8- The ijab and qubul in marriage shall be made verbally using words that indicate the
meaning thereof or in any other ex.pres lve manner.
b- The ijab among absent partie' may be made in writing or through a messenger.
c- In case of inability to produce words, writing shall and if not
possible, recognizable gestures may be made.
4Ilil._",t ee
lt is required that ijab and qubul :
a- Should b complete an not indicating a time,
b- Agreeing that the q bul to the ijab ,:hould be expressed Of implied,
c- Should be made dwing Al-aqqted (the contracting mooting) for the aU nding
contracting parties, while he ses'ion for absent parties hall be con as held as
from reading th letter containing the answer in the affirmative by the addressee, Of his
listening to the tatement ofthe The majlis shall be considered as held for
period ofthree days during whlch qubul may be made unless ijab adequately
detennine another period., or if a rej rion is h\uitated by the add_
d- Should maintain the ijab as valid until qubul is
e- 80th contracting parties being pl'eSent in the majli' should be hearitlS; the
party's speech, and realizing that the intended topic is marriage.
a- It is a prerequisite for marriage to have two adult mentally competent, male
witnesses who are capable of heanng the statements made by the contracting pru1i '\
realizing th intel'lt thereot:
b. Two witnesses from ahal AI..kimb (the two re\,'OgnizeO l'tiligions ofChri tinnity
and Judaism) may be accepted for the marriage of a Moslem to a woman from ahal
A marriage shall only be sahih (true) provided the woman is not permanentl y or
temporarily muh' arramma (forbidden) to the man.
o s)
A person is forbi dden to wed on relationship (nassab) (genealogical) basis:
a- His ancestors in line.
b- His de cendants in line.
e- His patrilineals or intlnitely rem.me.
d- Next of kin ofhis grandfathers and grandmoth rs in
A man is forbidden to wed hi s affinities, as follows:
a- A woman who tnan'ied Qne ofhis lineal
b- A woman who malTied one of his lineal descendants.
c- His wife's lineal ancestors.
d- Lineal de cendants of hi wife with whom hi man'iage i consummated.
A person is forbidden to wed his li neal descendants of illegitimate origin; he is not
forbidden to wed others of illegitimate origin.
a- Al-Redaln (to have filling lactation from th same woman,) relationships are
tbrbidden as under the nassab relationship .
b- Hurrummlat relationships of affinity apply on redala cases.
It is required for humtmm'at on reda'a basis that the lactation should have taken place
during the first post- natal years at a minimum of five completely filling lactation absolutely

A marriage between the following shall not be solemnized:
1- A Moslem woman to a non-Moslem man.
2- A Moslem man to a woman tltUU ahal AI-kitab
3- The marriage ofthe defector (an apostate re 'igniog his or ber I'lrunic even if
the other party i a non-Moslem.
A man can not wed the wife of another man or a widow during her legitimate period of
A man can not marry two women at the same time, even if one of them is a widow or a
divorcee observing her ida'a (period of waiting), who could be next-of-kin to each other, i.e.
sisters or a niece and her aunt.
A man can not wed a fifth woman before hi s marriage to any of his four wives IS
annulled provided she (the divorced wife out of the four) completes her period of waiting.
A man can not wed his irrevocably divorced wife, whom he has terminally divorced for
three times, until she completes her period of waiting resulting from her being divorced by a
later true marriage full y consummated.
A man can not marry a woman whom he has turned against her husband except if she
returns to her ex-husband who later di vorces her or dies.
I-Niyab'ba fe
a- It is required for ahliy·ya fur marriage is to hnve aqatal (intellect) and bulugh (to
reach puberty),
b- The judge may permit the marriage of an insane or an i d i o ~ a male or a female" ifa
medical report continns that his marriage could benefit his healing provided that the
other party agree to his condition,
A person who is coerced or under the influence of drink can not enter into marriage.
A marriage contract may not be confirmed or attested unless the young woman is fifteen
years of age and the young man is seventeen years old at the time of attestation.
a- Representation i ' accepted in a marriage contract
b- The proxy may not give in maniage the person whom he ' rep resenting unless t h ~
same is 'tated in the power ofattorney.
a- A marriage entered through the fuddu'lli (otllcious) i true pending the approval of
the concerned party.
b- Iftbe proxy exceeds the limits of his power h i considered a fuddu'Ui
8- AI-waH (guardian) for the marriage of a be'ker (a a virgin or who bas
never been officially married before), being in between the age ofpuberty and twenty
five years old fulls within her personal agnates following the order of inheritance in
inheritance; oth the judge shall act as her wall.
Thi provi ion appli es on the mentally insune Of the male or femal .
lr [t is nprerequisite that both the waH and young woman in his Cll'e both
agree to the marriage.
Al-Thay'eyeb (the widow or a divorcee), or who is twenty five years of age shall have the
say in marriage, but may not enter into the contract in her own person, but through her wali.
In exception of the previ ous paragraph, it shall be permissible to the divorcee to require
from the judge for legal (religi ous*) notarization to conclude her marriage with her previous
husband, after noti fying her custodian to hear his opinion.
If the wali debars the young woman, she may bring the matter before the judge who may,
or may not, order her marriage; the same applies in case of awle'yaa (multiple guardians) of
the same degree, who may all debar or differ over the marriage.
A non-mahram wali(guardian who is not a forbidden relation to the young woman) may
wed himself to the young woman in his care upon her consent.
a- Al-Satlh (a prodigal) coming ofage, or as 'ucl\ after coming tllay
marry on his own.
b- lfhis marriage falls after the imposition the trustee may to a
Al-mahar that i paid in excess under compatible cireumstances,
It is a prerequisite for a true marriage that the man should be kur u (compatible to the
woman) at the time of entering into the marriage contract; otherwise, both parties shall have
the right for annulment if the other party is proved as incompatible by the other.
The criteria for compatibility is based on religious piety.
Compatibility in age between husband and wife is detennined sol ely by the wife.
Compatibility is detenni ned by the wali from among the agnates relatives in line, as
follows: the father, the son, the agnate grandfather, the germane brother, the paternal
half-brother, the germane paternal uncle and lastly is the paternal half-uncle.
If the man claims compatibility, and is later exposed to be otherwise, the wife and her
wali shall have the right for annulment.
The wife's right for annulment shall be forfeited in cases of pregnancy, earlier consent, or
by the lapse of one year since she has had knowledge of the incompatibility of her husband.
S b-Sec 0
a- If the man'iag contract contain a condition that contradicts it' purpose in
i.e. the contract shall be rendered null and void.
b- If it contains a condition that does not contradict its purpose in i e.
but contradicts its or that it could be legitimately prohibited; this
particular provision shall be rendered as null and while the contract remain. as
c- f it contain: a provision that do s not contradict its purpose in es Le.
its legal effects nor is it legitimately the provi ions shall stand M 'laUd and
binding; the party in hose favor this condition is shall th ..
right to claim annulment of the contract.
d- The provision oftbe above paragraph also applies in case the characteristics
specified under the condition no longer exists tor any ofthe parties,
The conditions should be written in the contract document.
The right for claiming annulment shall be forfeited if determined as such, explicitly or
implicitly by its beneficiary.
Tn _=-s02....L-. .... PROVIS
a- There are two types of sahih (true) ghay'er mlhih (untrue),
b- A true marriage has its basis and completely under the
provisions thereof; otherwise, it shall be rendered as which i' eithw (void)
or fased (corrupt).
A true marriage IS effective and binding, effective but not binding or basically
a- An effective and binding marriage is not conditi nat to any person's find may
not be annulled. under the provisions thereof.
b An etfective but not binding may 00 annulled as 00 tipulated
c- An ineffective marriage is entered pending p rmit of the person entitled.
A true, effective and binding marriage shall produce all its legitimate effects as from its
effecti ve date.
8- A true but ineffective marriage shall not produce any of it effects until the permit is
obtained or in case oftts consummation.
b- Ifpermitte<i, it shall be considered so:' effective as from the date ofth.e Marriage
c- Consummation thereofshall be subject to the sam.e provisions governing the
fused ba'ad Al-dukhul (a consummatoo but corrupt marriage),
A void marriage shall not produce any marriage-related effects.
A marriage is null and void, if:
a- A defect appears iI\ the seegha (text) or in th.e competency ofthe contracting party
that prevents concluding the contract.
b- The wire is a mahnun (forbidden) on basis affinity or being
s moone else's wife, or being on her ida'a of W1liting) followifii h r husband'"
death or irrevocable i.e. divorced for throo tit or fot' not 1
allowed to be taken as an additional wife to the existing wife, or tOI not luwini t\
recognized thlth ( Le. [slam, Christianity or Judaism).
c- Any of the spouses is 8. defector, I.e. an or ifthe hu"band is a nQD=Moslem
while the wife is a Moslem.
The aforementioned paragraphs (b & c) requires confinned recognition of the tahreem
(legitimate prohibition) and its reasons; ignorance shall not be accepted as an excuse if so
alleged by someone who can not be accepted as ignorant of such matters.
Any untrue marriage, except for the cases indicated in the above article, shall be
considered as fased (corrupt), consummating of which shall produce the following results:
8.- A minimum dowry 1$ required than the one already quoted) or the equivalent fur a
quoted dowry and the equivalent fur an unquote dowry.
b- To register the children's affiliation to their parents a,' stipulated herein,
c- To complete the ida'a (period of waiting), by consent Of under leaa} or tQ
death of husband.
d- Affinity is forbidden.
A corrupt marriage shall not produce any effects if not consummated.
AI-Mahar should be paid to the wife upon conclusion of a true marriage contract.
There is no minimum nor a maximum for Al-mahar.
Any offer, legitimately accepted, may be paid as mahar, whether it is money, labor or
service so long as it does not humiliate the guardianship of the husband.
3- AI-Mahar which is properly quoted in the contract should 00 paid.
b- If Al-mahar is not quoted, incol're¢tly or is basically an
mahat should be paid.
a- Part ofth mahar may be defen'ed; and normal practie apply.
b- The tenn specified in the contrnct for paying Al- mahar expires by irrevocnble
divorce or death.
Expiry of Al-mahar is determined by the falling of any of the deadlines first: irrevocable
divorce or death.
A husband may increase the amount of Al-mahar after concluding the contract, and the
wife may reduce it, provided they are fully competent; any of their decisions should be
mentioned in the original copy of the contract at the other party's consent.
The father and the agnate grandfather, thereupon, may receive Al-mahar of the beker (the
primogeniture) until she is twenty five years of age, provided she consents thereto.
In case of dispute between the spouses over receiving AI-Mahar, the wife's statement
shall be considered as true if made prior to consummating the marriage, and that of the
husband if made thereafter, provided there is no evidence, or practices, proving otherwise.
AI-Mahar shall be considered as fully performed upon consummation of marriage,
confirmed marital privacy or the death of any of the spouses.

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