Misyar marriage contract - a comparative study

Abstract

Abstract: In this era, people's need for stipulations in the marriage contract has increased, as every person wants to establish his life according to his own circumstances, and the importance of these conditions arises from the fact that conversations between the spouses, or their representatives from family and friends, often precede the marriage contract, which include conditions that would otherwise not exist. One of them got married. Then, after marriage, these conditions may not be fulfilled, or the person stipulated may deny them or want to go back on what he stipulated on himself, so a dispute will arise, and the matter may be brought before the court. Among the marriage contracts that are accompanied by such stipulations is what people are accustomed to calling the misyar marriage contract. Based on this view, this research came to study the misyar marriage contract in a comparative jurisprudential and legal study. In order to determine the extent to which it conforms to Islamic law, and then the extent to which it can be legally legislated, or decided by the judiciary if it has a basis in the law.