marriage law in arab countries
DESCRIPTION
Marriage Law in Arab CountriesTRANSCRIPT
Status Law Marriage And divorce Authorship Prof. Dr. Mustafa Dib Albga Prof. Dr. Mohammed Al Hassan Albga
Contents
Contents
In the name of God Rahman Rahim
LO Booting Evolution Conditions Personal In Egypt And
Iraq And Syria
Requirement First: the meaning of Conditions Personal Requirement II: Overview Historic In Notation Laws
Requirement III: Status Personal In Egypt
Requirement IV: Status Personal In Iraq
Requirement V: Status Personal In Syria
session title Door First Of marriage And its effects
LO Chapter First Engagement At Muslims
LO Chapter II : Provisions Contract Marriage
topic Section I: Definition Marriage (marriage) and
legitimacy And cash equivalents
Section II: Staff The Marriage
Section Third: Conditions Health Contract Marriage
Section IV: Terms Force Contract Marriage
Section IV: pay Ends Contract Marriage
Section V: Terms Unnecessary Contract Marriage
sub Overlooking b First: Option Puberty And recovery
Requirement Third: Married Adult Rational Otherwise
Efficient
Section VI: transactions Marriage Administrative
Requirement I: Texts Legal In Transactions Marriage
Administrative
Requirement II: Articles Legal Related Conduct
Contract Marriage From Law Sanctions And the Law
Service Science And marriage Customary And
transactions Contract
LO Chapter Third Effects Marriage
Section First: Human Couple
Requirement I: Rights Joint Between Couple
Requirement III: Human The pair
Section II: descriptions Emergency Or Comparison To
hold Marriage And its implications
Requirement I: Contract Right Force Necessary And its
effects:
Requirement II: contract Is Necessary And its effects
Requirement Third: The contract Suspended And its
effects
Requirement IV: Contract Rotten And its effects
Requirement V: Contract Falsehood
Section Third: the provisions of the Pony
Requirement I: Definition Pony And cash equivalents
And adapted The evidence Legitimacy And controls In
the amount of
Requirement II: Photos Agreement On Pony
Requirement Third: Obligation Full Pony And some And
سقوطهما
Should Half Dowry:
Requirement IV: ensure Pony And grip And processing
Father Daughter
Requirement V: insolvency In Pony
Requirement VI: the difference In Pony And Can That Be
Foals
Difference Case Do Marital:
Section IV: Alimony Married (1)
Requirement I: Definition Alimony And legitimacy
Requirement Second: the cause Should Alimony And
conditions And time Obligatory
Requirement III: estimate Alimony And types
Requirement IV: transactions Alimony
Section V: Conditions In Contract
Requirement I: Sections Conditions The ruling And its
impact On Contract Marriage
Requirement II: Law Conditions Personal Syrian And
conditions
Door II Provisions Divorce And its effects
Introduction In Divorce
Chapter First: the break up And the types of Divorce
Section I: Definition Disperse And the rule of Divorce
From Where Description Forensic
Requirement I: Definition Divorce And annulment
Requirement Second: the difference Between
Annulment And divorce
Requirement III: Reign Divorce
Section II: Types Divorce
Requirement First: Divorce Sunni And innovated
Requirement Second: Divorce Reactionary And divorce
Irrevocably
Requirement Third: Divorce Three
Chapter Second: Divorce The will Individual:
Section I: Formulas Divorce
Requirement First: Divorce Frank And divorce Alknaúa
Section Second: Mens In Divorce
Section Third: Conditions Absolute And absolute And
authorization The prosecution In Divorce
Requirement I: Terms Absolute And absolute
Requirement II: Delegation The pair To his wife Divorce
Euphemism Or Statement
Requirement IV: Divorce Prophet The message
Requirement VII: Divorce Patient Disease Death
Chapter Third: Divorce Agreement Couple (المخالعة)
Chapter Third: Divorce Agreement Couple (المخالعة)
Section I: Definition Khula The evidence Permissibility
And cash equivalents
Requirement I: Definition Khula Language And
idiomatically
Requirement II: Evidence On Passport Khula
Section II: Staff Khula
Section III: Air Khula And opinions Jurists Where
Requirement I: Air Khula
Requirement Second: Opinions Jurists In Counting
Khula Divorce Or Vskha
Chapter IV: Divorce By virtue of Judge
Chapter IV: Divorce By virtue of Judge
Section First: Divorce And annulment For defects And
diseases
Requirement I: Definition Defects Which Terminates By
Requirement V: the effects of Proven Option
Section II: differentiation The absence of And loss
Requirement I: Definition Absent
Requirement Second: Opinions Jurists In Differentiating
The absence of And loss
Requirement III: evidence And discussion
Requirement IV: Governance بالفسخ And its impact
Requirement V: Law Conditions Personal Syrian And
differentiation The absence of
Section Third: to differentiate Insolvency Alimony And
the lack of Spending
Requirement First: Opinions Jurists In Annulment
Insolvency Alimony And their evidence
Requirement II: differentiation Insolvency Divorce Or
Annulment
Requirement Third: Limit Alimony Necessary To deny
Insolvency Mujib For dissolution
Section IV: Divorce Divisive And damage
Requirement I: Definition Bcakkak And damage
Requirement Second: Opinions Jurists In Discord And
damage And their evidence
Chapter V Divorce By virtue of Shara The law
Section I: اإليالء the
Requirement I: Definition اإليالء And his words And cash
equivalents
Requirement II: Staff اإليالء And conditions
Requirement Third: the effects of اإليالء Requirement IV: Law Conditions Personal Syrian And
اإليالءSection II: zihaar of
Requirement I: Definition Zihaar And cash equivalents
Requirement II: Staff Zihaar And conditions
Requirement Third: the effects of Zihaar
Requirement IV: Law Conditions Personal Syrian And
zihaar
Section III: curse
Requirement I: Definition Curse
Requirement II: evidence Legality Curse
Requirement III: Staff Curse And caused
Requirement Fourth: the rule Curse
Requirement V: Law Conditions Personal Syrian The
curse
Section IV: differentiation To change the Religion
Requirement I: differentiation Rose
Requirement II: differentiation Islam A Couple Or Or not
Requirement III: Law Conditions Personal Syrian And
differentiation To change the Religion
Chapter VI Effects Divorce
Section I: effects Divorce According to Types
Requirement I: Effects Implications More Divorce
Reactionary
Requirement II: Effects Divorce Irrevocably Bainuna
Junior
Requirement Third: the effects of Divorce Irrevocably
Bainuna Major
Requirement IV: demolition For divorce Marriage From
Last
Section II: irreversibility And provisions
Requirement I: Definition Irreversibility And legitimacy
Requirement II: Staff Irreversibility And caused
Requirement III: Law Conditions Personal Syrian And
taking back
Section Third: the kit And provisions
Requirement I: Definition Kit And the evidence And
wisdom Legitimacy And caused And start
Requirement II: Types Kit
Requirement Third: the expense of Kit
Requirement V: expense Almatdat In Law Conditions
Personal Syrian
Door Third Birth And its implications
Chapter First: Percentages
Section First: Proof Ratios
Requirement I: proven Ratios Contract Right
Requirement Second: Proof Ratios The existence of
Period Pregnancy
Section II: Mass Proof Ratios
Requirement First: Proof Ratios Balbana
Requirement Second: Proof Ratios Recognition
Section III: proven Ratios In Kit
Requirement First: Indicative Download Iddah Divorce
And death Before Approval End Promised
Requirement Second: Download Iddah Divorce And
death Approved End Promised
Requirement Third: Indicative Download Alaash And
small Requirement Fourth: Indicative Download Woman
Absolute No HTA Kit
Requirement V: Indicative Download Wife Absent After
Married From Last
Section Fourth: Cases Denied Ratios
Section V: provisions Foundling And adoption
Requirement I: Provisions Foundling In Jurisprudence
Islamic
Requirement II: Provisions Foundling In Legislation
Syrian
Chapter II Breastfeeding
Section I: Definition Breastfeeding In the amount of
And duration
Requirement I: Definition Breastfeeding And cash
equivalents
Requirement Second: The amount of Breastfeeding
Muharram
Requirement Third: The duration Breastfeeding
Muharram
Section II: expense Breastfeeding
Requirement I: fare Breastfeeding And forcing Mother
On Breastfeeding
Requirement II: donation Breastfeeding Or Fare Less
From Fare Breastfeeding Mother
Section Third: Proof Breastfeeding
Requirement I: proven Breastfeeding Testimony
Requirement Second: recognition Breastfeeding
Chapter Third Incubation
Section I: Definition Incubation The ruling And the fare
On Incubation And expense Custody And coercion
Them.
Requirement I: Definition Incubation The ruling And the
evidence
Requirement II: taxi On Incubation And expense
Custody And coercion It
Section II: custodial From Women And men And their
terms
Requirement I: custodial From Women And men
Requirement II: Terms Custodial From Women And men
Section III: Time Incubation
Requirement I: incubation Women And men
Requirement III: Law Conditions Personal Syrian And
time Incubation
Section Fourth: Place Incubation
Section V: Vision Custody And travel By
Requirement I: doctrines Jurists In See Custody
Requirement II: Right Alarah In Law Conditions Personal
Syrian
Requirement III: Travel Palmhoudon
Section VI: The Fall Incubation And the establishment
of Of After Incubation
Requirement First: The Fall Incubation
Requirement II: The Fall Incubation Mother At Her
marriage
Evidence Doctrines On Fall Incubation Mother At Her
marriage Or : No
Requirement III: Law Conditions Personal Syrian And
fall Incubation For married Mother Otherwise Father
Requirement IV: nursery The work Women
Requirement V: nursery And willful defiance Women
Requirement Sixth: the establishment of Of After
Nursery (Will Unique بالسكنى?)
Chapter Fourth Expense Relatives
Section I: doctrines Jurists In Expense Relatives And
their evidence
Requirement I: doctrines Jurists In Expense Relatives
Requirement II: Evidence On Proven Expense Relatives
Section II: Terms Proven Expense Relatives And caused
United Left The obligatory And how Obligatory
Requirement II: end Left Necessary To prove Should
Alimony
Section Third: The amount of Expense Relatives And
maturity And Fall Index Sources And references
In the name of God the Merciful
Praise be to Allah, Lord of the Worlds, and prayers and
completed the delivery of the messengers, his family and
his companions pure honorees, and after:
The marriage years of God's creation that Aftarham
Askew both men and women for the last, embarking
married, was the Year of the apostles and prophets
prayers of Allah and peace, was the nations and groups
as a whole is to marry a serious matter and whatever has
been organized every nation according to what suits
them according to their legislation and customs, The
Arabs before Islam organize their married life according
to the pictures several, including: the marriage contract
of the project, including: women with banners, who were
sitting in a tent with a banner infect men If you put chose
the father of them, including: Alastdaa is that makes his
wife approach her man as desired by her husband and
son then approach her husband, including: to inherit men
women their father or their relative if closed by the door,
after the death of their relative, etc. .. It was not for
women any rights remember, when Islam came to
prevent all those pictures, but the marriage of the project
and the granting of women's rights and treated her man
a Full descriptions, while many of the nations in that era
was considering humanitarian women are reluctant to do
so, even if some nations allow the husband to sell his wife,
or do not allow women to acquires or behave, and some of
them, and to this time have in their possession on his wife
is not allowed to the disposition of the wealth, while
counting Islam women a single society and are both in
commissioning a whole, but what suits their circumstances
so as not to overburden them, Vkrm women and treated
her with all the kindness and appreciation and love is real,
enjoy it and still in Muslim communities respectfully and
with all holiness and reverence.
And Detectives family provisions jurisprudence jus them
or the commissioner and others maintain that and
illustrated, and the people in its know it in the outlined
without specificity to leave this to the students of science,
this with different people to apply what they know in their
own lives according to Asthompsakem, and perhaps some
of them forgotten or forgot the words of God : ) ڱ ڱ ڱ
[Abdallah] [Abdallah] ە\ ە\ ڻ ڻ ڻ ڻ À À À À e e e ( [Grade: 2 3].
The first thing that should be taken by a family that is
leafy shadows that can be enjoyed by the affluent
individual lives, but it was misery and unhappiness and
dengue.
I have tried my best to come to extracts is dull in the
general provisions of the marriage passable approach
extrapolated objectively comparing as much as possible
for fear of prolongation, and that book collectors
semester did not elaborate or dwell on it, فشرحت legal
materials in the Personal Status Law Syrian with
amendments, and showed some of the jurisprudence of
the Court of Cassation in its decisions Commenting noting
and explaining, coordinated and tidy and likely in more
provisions, discussions and stating my opinion because I
see the need in it, according to my humble expanded my
knowledge, praying to the Almighty and reconcile
payments.
The scientific article has returned in the idiosyncratic
them to sources of mothers, and returned to the books of
interpretation and modern language, etc., and fasten it
all, including the view of the Personal Status Law Syrian,
as amended, indicating the view of the law and drawing
on any doctrines, and the keenness of it legislator.
As I went back to the draft unified personal status law
and tended to in some of the issues, and to the Jordanian
Personal Status Law, and to the legal provisions in the
Personal Status Kadri Pasha, one of the sources of this
law as Sabine, not every effort be attributed to the leader
in the law personal status, and to notes and Danh, with
Amani consider the can hold the law of the meanings of
words through the science of semantic and
fundamentalist words.
To trust in God, the you rightly Fbmhoud the grace of
God and success and it has a meaning.
If I'm wrong فرحم God is dedicated to عيوبي .. Rajya God
him to call me luck and conservation, and further
progress in science, Gada party for Zlate, giving them
to .. and compromise, but God upon trust, and to Him I
turn, and to God all things are returned and the
determination There is no power but from God Almighty
and the blessings of God the Prophet Muhammad and his
family and companions, and Praise be to Allah, Lord of
the Worlds.
Booting
The evolution of the personal status in Egypt, Iraq and
Syria:
The first requirement: the meaning of personal status
The second requirement: A Brief History in the
codification of laws
The third requirement: personal status in Egypt
The fourth requirement: Personal Status in Iraq
The fifth requirement: Syria's personal status
Booting The evolution of the personal status in Egypt, Iraq and Syria
The first requirement: The meaning of the Personal Status
Are the things that relate to the same person the sense
of the legal status of persons, namely matters governed
by personal law, which relates to the provisions of the
family, and the first transfer of use of this term is a
scholar Muhammad Qadri Pasha in his book: the legal
provisions in personal status, have been identified in
Article 13 in the system Egyptian judiciary No. 147 in
1949, said: «include personal status disputes and issues
relating to the situation of persons and their eligibility or
relating to the system family Kalkhtabh and marriage and
the rights and responsibilities of spouses and mutual
dowry and dowry, and the system of funds between
spouses, divorce, divorce and separation, and paternity
and acknowledgment of paternity and undeniable, and
the relationship between assets and branches and
commitment alimony for relatives and in-laws, and the
correct proportions and adoption, guardianship and
trusteeship and stewardship, stone and permission
management, and backbiting missing and considered
dead, as well as disputes and matters relating بالمواريث
and wills and other behaviors that are added to after
death » [(1)] .
It was not known Syrian Personal Status Law of Personal
Status .. But select the jurisdiction of the courts of Sharia
law assets of Syrian trials in Article 536: The Sharia Court
final judgment in matters of personal status of Muslims
and include:
A Marriage. B Dissolution of
the marriage.
C Pony and the device. D Nursery and
breastfeeding.
E alimony between the spouses, children and charitable
endowment in terms of equivalents زومه and health
conditions » [(2)] .
The second requirement: A Brief History in the codification of laws
The first attempt to codify Islamic jurisprudence took
place at the hands of the Caliph Omar bin Abdul Aziz was
sent to the Amr ibn al-packs' to write to what you have
proved to talk about the Messenger of Allah ^ I have
studied the science and feared going » [(1)] .
He sent Abdullah ibn Muqaffa to Abu Jafar al-Mansur
message companions, which included: «It looks faithful in
which these different contradictory provisions. . If the
faithful felt that ordering these districts. . فترفع him in the
book and raises them what invoked all the people of the
year or measure, then look faithful in it, and spent in each
case reflect his inspired of God and resolve GF GA, and
finished as the elimination Otherwise, he wrote this book
inclusive determination to رجونا that God makes this
Mixed provisions correct the error rightly one provision ...
» [(2)] .
It therefore requested Abu Ja'far Imam Malik that puts a
book, Imam Malik refused to leave the people and their
words and اجتهاداتهم, and put Imam Malik in Muwatta book
format could be adopted in the various things people [(3)] .
The King Mohammed أورنك, Zeb (d. 1027 AH) Governor of India in his time collecting Hanafi jurists to collect a book selected Indian fatwas of words in word and tap one in question, is close to the books of fiqh [(1)] .
I would like to point out that the term law has been used by early Arab Kalmorda
(D. 450) and Ibn al (d. 597 AH) Razi (D. 606) and Ibn Taymiyyah (d. 728) and Ibn rejoicing (D. 799) and Ibn Khaldun (D. 808 AH) Was the title of a book in fiqh al-Maliki: jurisprudential laws Ibn جزي, (D. 741), and ماوردي book entitled ministry Rules and policy of the king, and Ghazali (d. 505), a book entitled the Interpretation Act, which indicates that this term has been found when Muslims and knew him but did not use often radiates [(2)] .
At the end of the Ottoman Empire arose the need to codify Islamic jurisprudence to emerge about the thought
of law and culture of the nation and sovereignty of the magazine and found the judicial provisions in (1293 AH / 1876 AD) after seven years of work, which is in the law, the judiciary and civil trials assets, and devoid of the provisions of the acts of worship and personal status and sanctions.
The magazine had merit in creating a legislative judicial
reference pop-Hanafi, has settled the dispute over the
Western non-implementation of laws relating to the
themes of the magazine, but was confined to the Hanafi
school and there were many examples where .. And was
the first non-compliance with one jurisprudential doctrine
and the absence of examples. . Because it is not clear
things should be clarified, but Bashrouhha and
demonstration Bmzkradtha her, has been amended several
minor modifications.
When finished the Ottoman Empire injustice of Union and Progress Jews invisible was the first to leave the magazine Turks, and remained in place in Lebanon in 1947, and in Syria to 1949, and in Iraq to 1952, and in Jordan to 1976, and most recently Kuwait to 1990, but remained magazine source of sources due to [(1)] .
The personal status in Putting the Ottoman Family Rights Act of 1917, which was the first codification of the provisions of the Personal Status of Islamic jurisprudence, not only on the Hanafi school, which stated with regard to Christians and Jews.
He was among other things in it, which is out of the Hanafi school:
There will be no divorce impeller, a view that majority of
scholars are contrary to the faucet, there will be no
divorce drunk, taking the views of many in the doctrines
General violation of supported in every doctrine of
hindsight case of assault with sugar, and passport
differentiate divisive and damage a view that Maliki, the
right girl missing for divorce after four years and the
prevention of marrying young, taking the opinion of some
scholars, and prevent the marriage of lunatics a view
Shaafa'is.
For this is the law of the Ottoman family sources of
personal status laws Actions [(2)] .
The third requirement: personal status in Egypt
Egypt issued Law No. 25 of 1920 after authoring a
committee for this purpose 1915 of senior scientists from
the four schools, and published its project between the
judiciary and the legal profession, railed controversy and
debate slept this project, then I salute again in 1920 with
minor modifications was when counting the expense of
marital our a time to refrain, and authorized to
differentiate the insolvency of the defect, the promise of
the missing dead the lapse of four years, and then issued
Law No. 56 of 1926 select persons in the suit married at
16 for girls and 18 for boys and make it not for marriage
or the ratification of the marriages held before then.
The law raised about many problems Vofatt the Commission in 1926, and a summary of what the Committee reported:
Restrict the desire of the man in the plurality permission
of the judge legitimate with the ability to spend and good
treatment, and there will be no divorce impeller and a
drunkard and commentator intended is a divorce, and the
occurrence of divorce is associated with a number of rude
or sign one, and the occurrence of divorce metaphor
intention only, and determine the divorce irrevocable
Balmkml for three and a divorce before entering and
divorce the money and the text of the law that بائن, as
originally divorce being reactionary, and accept the
contract with the terms of the wife of benefit her, which
does not contradict the purposes of the contract, giving
them the right of rescission when in violation of her
condition, and to differentiate irrevocably damaged pair by
including not possible with Time Top Ten, and
differentiation of absence After a year, and not to hear
percentages suit when proven lack of convergence
between the couple when the contract, and estimate the
cost, according to the event pair, and permission Judge
Little custody after seven to nine small and after nine to
eleven.
The uproar intense discussions and large become out
this project on the shelves to the issuance of Decree No.
25 of 1929 confined to the four schools, leaving it to
restrict polygamy, leaving oblige the requirement wife
what might lead him to expose things marital and
tampered with.
And abolished the Law No. 462 of 1955 Sharia courts
and denominational, and the transfer of powers to the
regular courts, and enjoined them in disputes relating to
personal status of non-Muslims and pain t h d j sect
application شرائعهم own in the range of public order, and
in the case of divergence apply Sharia [(1)] .
The fourth requirement: Personal Status in Iraq
In Iraq, issued a personal status law No. / 188/1959 and then amended by Act No. 11 of 1963 which returned inheritance to the provisions of Islamic law. And this law is composed of 94 / / material is applied to the Iraqis, but excluded them by a special law, and they Christians and Amoosolln, and is a «law regulating the religious courts of the Christian communities and the Mosaic» No. 32 for the year 1947.
And stated in Article / 20 / of it:
«Except that arise denominations have courts and councils in accordance with the provisions of this law, remain civil courts jurisdiction over personal status cases Mountmin to other non-Muslim communities in
accordance with the provisions laid down in the statement of the courts.
And there is a special law last Armenian Orthodox range is Law No. 70/1931 which amended بالقانونين of: No. 20 of 1934 and No. 39 of 1960.
And no other law is the law of the Israeli community No. / 77 / for the year 1931 is a special physical organization of the Council.
In the year 1949, a statement was released jurisprudence for Mousavi j n, and in 1950 issued a statement jurisprudence of the Syriac Orthodox Church.
Then issued a statement abolish the Mosaic courts in Mosul, a number / 155/1951, and in the same year, released Published Mosaic بإناطة suits the regular courts.
And The claims Kalusih the inheritance which they did not want a special provision Phil personal court to apply the provisions of the Islamic Sharia.
The fifth requirement: Syria's personal status
The explanatory memorandum to the Legislative Decree
No. 59 of 1953 show grounds of law and its sources and its
advantages, which shows that the adoption of the doctrine
of the tap only a narrow circle of legislation forcing to
introduce doctrines remaining, and the different norms
impact on the legal provisions, which calls for changing
some of the provisions, has undergone this experiments
Egypt and came up with several laws, as well as in Syria,
where he composed the Ministry of Justice Committee of
the religious judiciary and the Faculty of Law to draft
personal status law Syrian marriage, divorce, birth,
descent, custody and civil prosecution legitimacy, wills and
inheritances.
The sources of this law:
1 the right of family law which was in force.
2 Egyptian laws, according to foresee its stakeholders.
3 legal provisions in the Personal Status Kadri Pasha.
4 What the Committee considers the need to take its not
tap doctrine which does not contradict the provisions of
legitimacy.
5 Draft Personal Status to Damascus Judge Professor Ali
Tantawi.
The amendments that have been on the right to family
law and Qadri Pasha some of which are in at me:
First: in marriage:
1 realization of the write-Akhras, when its capacity in advance in writing to the reference is the view of the faucet.
2 Subject to the terms spouse according to the Hanbali doctrine.
3 modify the eligibility age to marry to save interest.
4 the discretion of the judge in the age difference between
the spouses.
5 requiring the ability to alimony for the legalization of
polygamy.
6 is not selected less a dowry, and the subordination of
alimony if the pair of doctrine Shaafa'is.
7 Respect alimony to the judge and the ancestors wife
alimony preserved the interest.
Second: In the divorce:
The note stressed the importance of taking into account
the legitimate divorce in being a solution and a cure is
not retaliation and Chwia and a threat which is
incompatible with the stability of married life and the
purposes Shara where, and legitimate politics to find
solutions to reckless couples use divorce for their goods
and أمزجتهم and it opened the door to the mercy of the
law itself, taking the origin of the legality of divorce than
which bring benefit and ward off harm.
And the amendments:
1 does not occur divorce المدهوش the doctrine of the tap.
2 why divorce is associated with a number of rude or signal
one of the doctrine of Ibn Taymiyyah.
3 there will be no divorce is done only intention and thus
taking the abolition of the right to divorce and the
abolition of the pending divorce, which means the divorce
is urged to act or avoided taking the opinion of Ibn
Taymiyyah and Ibn Hazm.
4 is a all divorce revocable only on money and divorce
complement of three, is the view of Malik and Shafi'i.
5 the absence of a husband for his wife excuse entitles
terminate the contract of the doctrine of Imam Malik.
6 differentiate for not spending Shafi'i and Hanbali doctrine.
7 in arbitrary divorce compensation for women affected by
it.
Third: in percentages:
Brown the maximum duration of the pregnancy on an extrapolation of forensic doctors in the statements they calendar year reserves not exceeding them, which opinion of Maalikis.
Fourth: In the alimony:
The expense of relatives, according to the base (food t m deep Nm) doctrine Ahmed Valenvqh of the inheritance.
V. Eligibility:
Law emerged from Egyptian law emanating from the Islamic jurisprudence according to the rules of reclamation.
Sixth: In the commandment:
1 implementation of dividing the estate among the heirs
notables of the doctrine of some Shafi'i and Hanbali.
2 commandment health for non-existent from the doctrine
of the owner.
3 say due commandment taking the verse:) ۇٴ the ې ې ۉ ۉ ۅ ۅ ۋ ۋ
and taking the words of Ibn Hazm must [Al-Baqarah: 180] ) ې
commandment for Oqrbin not inheritors.
Seventh: inheritance:
1 joint work in the matter Malik and Shafi'i doctrine.
2 taking Zaid doctrine and Ibn Masood legacy of Grandpa
and the protection money.
3 to respond to a couple taking the doctrine of our Lord
Uthman, may Allah be pleased with him.
4 inheritable pregnancy with the birth of most of it, taking
Unlike tap.
At the conclusion of this project texts excluded provisions for Druze and Christian denominations and Judaism into account, including in each community [(1)] .
Several amendments have been issued to the Syrian
Personal Status Law:
1 of Law No. 34 issued on 28.12.1395 and 31.12.1975
containing amend the Personal Status Law.
2 Law No. 19 dated 08/23/1421 and 20/11/2000.
3 Law No. 18 dated 08.29.1424 and 10.25.2003.
4 Act No. 31 of 2006.
Part I
of marriage and its effects
The first chapter, etc. i b of Muslims
The first topic: the definition of the engagement and
governance and legitimacy
The second topic: the provisions considered to fiancée
The third topic: the words of the sermon
Section IV: Terms of Engagement
Section V: cases and provisions of the sermon
Section VI: dowry and gifts in sermon
Section VII: Air engagement and terminated and the
effect of rescinding them
And compensation for termination of the sermon.
Section VIII: the provisions of the engagement in the
Syrian Personal Status Law
The first topic: the definition of the engagement and
governance and legitimacy
Definition of engagement Language: sermons preaching speeches and sermons, and Khatib and her fiance, and speeches: who preaches woman, and women's wedding rings [(1)] .
Idiomatically : Request a man to marry a woman legally permissible for him [(2)] .
The rule of engagement and legitimacy: The
engagement of the things prize legitimate appreciated,
Ozh b Others said that the verdict Kalnkah; as the means
rule purposes has been indicated by the evidence of
many, it is the Holy Quran says : ) ڄ ڄ ڄ ڄ ڦ ڦ ڦ ڦ ڤ (
[Cow: 235] .
Face inference: engaged to exposure passport of
iddah a death in the kit, and a fortiori passport sermon
permission to others who do not mind her engagement
Kaladh a [(3)] .
It is the year: What was narrated by Ibn Umar said:
«The Prophet ^ to sell one another on the sale of some or
preaches x i man his brother even leave suitor before or
authorizing him suitor » [(4)] .
He drew inference : the sanctity sermon girl that got engaged last and chosen only if authorized him to second Bouktabtha or that he left her engagement [(5)] , which shows the legality of the sermon as the first sermon considered is preserved may not abuse it.
The consensus : consensus of the Muslim Ummah from
the presence of the Messenger of Allah ^ to this day on
the grounds of marriage is a necessary but the cult, as the
survival of the human kind, but do not lend Rights [(1)] .
The second topic: the provisions considered to fiancée
To look fiancée and amount: If a woman wanted a sermon mustahabb for him to look at her face and hands to talk apostle ^ bin Division raider may Allah be pleased with him, and speeches Woman: «Look at it, it more likely to يؤدم between you» [(2)] .
He drew inference: that the consideration to women before the contract to see a couple's interest in embarking on this contract or not [(3)] .
Reza fiancée given: the doctrine of the majority of
scholars not to require consent, or provide informed
without consideration to except the face and hands, and
so, lest lured by بإعالمها; probably saw no likes Vtnksr and
hurt, and lest festooned with youthful is Mavera, but this is
mustahabb view it before her engagement The science of it
replied to the request, if hatred left without harming, unlike
left after the sermon, and only sent a woman before the
sermon Trust look at it and tell them [(4)] , and it is true that
the Messenger of Allah ^ or sound sent to the woman and
said: 'olfactory عوارضها and Look to Arkobhe » [(5)] .
And Maalikis to makrooh Astgvalha a consideration
even not dare people of corruption to look at the women
plaintiffs sermon [(6)] .
And really requires intention to propose to her for
saying ^: «If you were in the heart of a man who a
woman, there is nothing wrong sermon to be seen» [(1)] .
And recommended the women's attention to the man
with the exception of the area between the navel and the
knee as well, they يعجبهن from men what men admire
them, and can be described as a man .. Everything over to
them, because the purpose of the establishment of a year
for them not only to him, Vastoya bug judgment [(2)] .
There is no doubt that the Touch informed consideration of pleasure and provoke desire, it is not permissible do not need him.
If one dislikes the other kept silent and did not say anything, because to say may not harm [(3)] .
Considering rule: If consideration is permissible for those aware of her engagement passport and he thinks it most likely answer, what is his, whether it is obligatory or mustahabb or passport?.
The majority of scholars went to mustahabb a خذا the apparent meaning of the modern nation was unanimous on
Passport and passport lookalike than the need Kalshhadh [(4)] ...
Some scientists went to the permissible which Hanbali doctrine when to talk to 'see' and because it's after the ban for legalization [(5)] .
Look lustfully and without either, when األذرعي from Shaafa'is: in the eyes his desire of view, and bound him Abdin son as if he knows that he answered in his application he married [(6)] .
This is something that affirms the sanctity of touch even lust security, because touch the crudest of consideration [(7)] .
The amount of consideration: If the Jazz to consider,
to what something looks? .
Permissible for him to look at her face and hands, and
not more than that, as evidenced by facial beauty, Evin
on a body and خصوبته the body, which is the opinion of the
masses of scientists [(1)] .
Quoted the public: the Almighty, saying:) ڱ ڱ ڱ ڳ ڳ ڳ
because the face and hands are where [Nur: 31] ) ڱ
ornamental appear, Valuge evidenced by the beauty, and
hands on the fertility of the body [(2)] .
If the matter selected, Valkhaloh the بالمخطوبة not
permissible unless he was with her Muharram [(3)] .
Repeat consideration: Consideration may be repeated
and could control how it's needed, or three times, so as to
be seen its not يداخله body remorse; It probably does not get
its first look at the purpose [(4)] .
The question of the suitor and his fiancée:
consulted to know the fiancé, fiancée, it may Male
disadvantages but honestly and certainty without slander
and thinks the charge, as did the Messenger of Allah ^
with Fatima girl Qais, stating her description of each
addressed to her, when she said: (The Muawiya ibn Abi
Sufyan a جهم father Khtabana, said the Messenger of
Allah ^: «As Muawiya فرجل, no money, and The Abu جهم
the فرجل severe on women, she said: (Fajtabna Osama bin
Zaid, may Allah be pleased with him Wiczuginy, God
blessed me in Osama).
He drew inference: passport Male what the suitor
descriptions review and alert, do not mention what he
knows if had not been consulted and only was Mstgaba
and backbiting is a major sin [(5)] .
It does not mention the disadvantages and defects only when the real need, but that was pushed without Male disadvantages, if j s and for him: no suits do not fit, then it is not permissible Male defects and free him mention it.
Even consulted in the same right should indicate whether the defects if they prove to the wife of the option, and the Mitigating defects mentioned the desire mustahabb of bad manners and avarice, and likely Sherbini Sheikha whole by saying: do not fix you.
The sins should cover himself and repented in the case.
Engagement in etc. طبة: enacted to provide a sermon in the hands of the sermon award permission
Mptdoh the بالحمد to God and prayer be upon the Messenger of Allah ^ concluding commandment and pray, and carried out by a suitor or his deputy and asked hand Karimthm then preaches guardian respondents about it.
And other desirable speech before a contract is
stronger than the first.
And is recommended for Crown x طبة of the people of righteousness: Shoaib as he did with Moses, peace be upon them both, and the caliph Omar viewing Hafsa Ali Osman then to Abu Bakr and Scotthma God bless them for knowing request from the Messenger of Allah ^.
It also recommended a good selection of wedding rings: ^ saying: «A woman may be married for four wealth and lineage, her beauty and her religion, فاظفر same religion patting hands» [(1)] . Ie: I got to win in this life and the afterlife. Messenger of Allah was asked ^ women any good? He said: «that تسره if view, obey if ordered, do not go against his wishes hates herself and money» [(2)] .
The third topic : the words of the sermon
Engagement can be a statement and تعريضا, and the words of the statement are: words on the will of the marriage function is potential for a meaning other than the marriage contract, which cuts the desire, her words do not have specific [(3)] .
The exposure is possible terms the desire for marriage, or not.
The husband comes in absolute owner of the kit, as it may permit, exposure, and the other: it went public jurists unanimously to the sanctity of speech righteous statement, whether irrevocable or revocable of divorce or death and dissolution or Anevsakh is compromised or other, and the evidence for that is the verse:) ڄ ڄ ڄ ڄ ڦ ڦ ڦ ڦ ڤ ( [Al-
Baqarah: 235] as the verse indicates exposure, a passport without permission suggesting concept offending the sanctity of the permit.
The exposure: Kcolh: find like you, and Lord willing Vic, and'm not Bmrgob you ..
And unanimously agreed that it is permissible exposure with indistinguishable between the exposure and the permission to iddah death.
The Messenger of Allah entered ^ Umm Salamah It
Mtaama of Abu Salamah said: «I have learned that I am
the Messenger God and خيرته and topical national» [(1)] .
The scholars agreed on the sanctity of the reactionary and exposure to being a wife. And the meaning of marriage, may wish revenge Vtkzb in the expiration of the kit.
The irrevocably tap has gone to the sanctity of the marriage at all because the exposure based from the face of the survival kit, hard of face Kalthabt of each face.
And went public a more correct when Shaafa'is to permissible exposure each بائن without authorization, as well as permissible for بائن to answer exposure without permission.
In another words, prevent the exposure in junior irrevocably divorced without major [(2)] .
And Maalikis to it that iddah speeches and holding them in the kit was in after the kit or got introductions to engage in preparing their teams 3 [( التأبيد [( .
A woman sentenced to authorize the exposure and the
rule of engagement.
Section IV : Terms of Engagement
1 vacancy for marriage and preparing forbidden to speech
Almenkouhh the the 'married' and righteous than others
but righteous intercourse with suspicion may propose
marriage who thoroughly during which, unless iddah of
others before him [(1)] , there is no doubt that the Forbidden
sermon not have considered as if blunt speeches in several
others.
2 passport marry his fiancée: the sense that there is no
objection to contraception marriage to be of incest
perpetual or temporary, as ايحل his sermon absolute
thrice it is not permissible for a sermon fifth if under four,
and prohibits speech is deprived of combining it with his
wife, a sister of his wife. . It also deprives Fools sermon
for the second [(2)] .
3 vacancy sermon: deprive the sermon on the sermon suitor
without his permission and consent, without leaving
modesty and the like to interview the Messenger of Allah
^: «no man preaches his sermon until the suitor leaves
him or authorized him suitor» [(3)] , so why in the second
sermon of abuse and estrangement.
And Maalikis to be suitor reprobate for upholding his
speech, may be bypassed and the sermon on his sermon. And symptoms and the length of time from the
answerer is a reluctance to allow the second sermon [(4)] .
And this prohibition is not prohibition of invalidity باإلجما
p [(5)] , in accordance with the following cases:
Section V : cases and provisions of the sermon
A be the sermon for the first award be valid shall be prohibited from the second, and be awarded if has its own terms in the sermon in addition to the first two conditions: freedom from marriage and preparing to marry his fiancée passport.
The second decade after the first sermon:
If you are the first sermon and then the second
speeches and held it correct this contract?
The audience went to the validity of the second contract,
despite committing the Muharram, because that is
forbidden is the sermon, and forbid them not invalidate the
marriage nor requires dissolution, because it is not a
requirement in his health.
And Maalikis to the annulment of the marriage before
taking that forbidding the construction of the prohibition
and nullification, even if the first did not ask annulment,
or did not know the second engaged to the first, the
second ever entered the marriage was annulled [(1)] .
B to refuse the first people fiancée suitor or authorize
the second [(2)] .
Here are addressed may second he proposes marriage to
her with the first to leave or permission or reject her and
her guardian.
C to silence people fiancée for permission to respond or
answer, the was tolerated likely satisfaction that was
what it was satisfied but Saket non-Bakr did not deprive
sermon second when the tap and more correct when
Shaafa'is because silence does not invalidate anything
any right of others, and the length of time of respondent
possible reluctance promise. The evidence for that: that
Fatima girl Qais got engaged, she said to the Prophet ^:
«that Muawiyah and father جهم Khtabana, said the
Messenger of Allah ^:« The Abu جهم not put the stick on
his shoulder, and the rolling Vassaloc no money has
Ankahi Osama bin Zaid » [(3)] .
As well as women may not be a sermon on women if a
man of the people of virtue and science and mustahabb
sermon, and not the passport if he knows he does not want
to marry only one has been married [(4)] .
Section VI : dowry and gifts in the engagement and the
marriage contract [(1)]
The dowry in the marriage contract is required not the sermon, and that if the payment of money as dowry contract has not been recovered particular pair or its value if Mtlva, which is in agreement.
The gifts: If you gave them and wanted to not contract, a refund gifts list of non-expendable eliminate or Mradah, passport and recovery of the predominance of conjecture that gifts to complete the engagement contract, did not take place, as well as if he died, one Vllakhr back, while consumption prevents the back give it to him, as well as What was Contraindications Refer to give it to him, change eye donated sewed .. And similar is the view of and tap Shaafa'is.
Teams Maalikis and Hanbali between Back For its part, he may refer faceted they only knew or requirement, but if the return from his part not to return the gift at all, if one of them died not return to give it to him.
Some of the Shafi'i is permissible to refer including spent suitor on his fiancée because he meant to marry them did not get, without exposure to the flame of, and whether symptoms of them or one of them, but has come back after the contract before entering or death before entering, unlike what if she died not return [(2)] .
If the rule of the donation contract detail follows [(3)] :
Tap and Shaafa'is that if gave something to his wife not his fiancée divorced her after the contract was an
absolute gift and they should not because what gave him only if recorded باإلثابة the is attributable.
He favored son Abdeen that sends them from clothing,
jewelry and money .. Is one of the gifts of the dowry, and
the wife compensated and إثابته them.
And Maalikis to تشطير stipulated gift of her in the
contract or before, the divorced before entering P take
rule dowry.
Hanbali and went to catch because marriage Vkalmehr
in permanence to the whole or a half or fall.
And I see that as gifts Precious كالمجوهرات (typecast)
and ornaments of the dowry that has the band after the
contract before entering Vti_tr protest including
mentioned by Ibn Abdeen of unnecessary compensation
wife and Athabtha pair هداياه, the أثابته no longer of dowry
does not back out, which confirms that the view of the
Maliki and Hanbali of gift تشطير, this means attached by
virtue of the dowry and counted it.
Section VII : Air engagement and terminated and the
effect of rescinding them
and compensation for termination of engagement
The views of scholars in the Air sermon:
Said Suyooti: What contracts needs to utter the
affirmative and acceptance: and he mentioned the
sermon, as evidenced by the sanctity of the engagement
of the second when the first permit an answer [(1)] .
And scholar Solomon sentences: «It seems that the
engagement is not a legitimate contract even imagine
being a germplasm is no contract, but certainly
permissible on both sides» [(2)] .
That may terminate the engagement because if they
were of the contracts award may be terminated and if
you were not a contract but a promise, promise a non-
binding spend at the audience, responded sermon after
completeness is not forbidden religiously, and the Maliki
say: The promise is required legally, and the consequent
failure to fulfill its poor links between people and
misalignment, so hated refer below purpose of breaking
promises [(1)] , which is the right thing.
The effect of reverse speech in forensic evidence:
If amended suitor for his sermon, it causes harm to the
betrothed and her family, so the caliph Omar's what was
presented Hafsa to Abu Bakr and Uthman melancholy to
look the, and the sadness most of our master Abu Bakr,
may Allah be pleased with them, apologized Abu Bakr that
the Messenger of Allah ^ has mentioned in an interview
Long: «Omar says: come Osman bin Affan فعرضت upon
Hafsah said: I'll look at my situation Vlbutt nights and then
met me and said: You may seemed to me not to get
married on this. Umar said: I met Abu Bakr. I said: if you
like your wife Hafsa bint Omar, fasted Abu Bakr ... Then
speeches Messenger God ^ Vonkanha the him Vgayna the
Abu Bakr said: Perhaps you found while I was offered
Hafsa did not go back to you something. Omar said: I said
yes. Abu Bakr said: it did not stop me to go back to you
while I was offered only because I learned that the
Messenger of Allah ^ had mentioned I did not to disclose
the secret of the Messenger of Allah ^ even left the
Messenger of Allah ^ accepted » [(2)] .
And fully illustrated how Osman before his sermon
Hafsa and Astnzer to the deliberately then apologized
was years later to apologize for the sermon after taking
it, as well as an apology Abu Bakr, Omar confirms this [(3)] .
This is in the words engaged to make the expenses not
accompanied lengthened times not miss the on fiancée
speech or they may relate Boukhadobaa the ...
We have studied the rule of dowry and gifts in sermon to
_n after that compensation for termination.
Compensation for termination of engagement:
Considering that the sermon is not a binding contract, it
has no termination of one or both parties, and may
continue engagement with the decline in confidence
among the people for a long time consequent abuse of
the betrothed, nor are references old to study this, since
the engagement is not delayed combined for the
marriage contract, and that is considered
contemporaries.
Sheikh Mohammed Bakhit went Motaey Mufti of Egypt
to the lack of compensation, as the right to choose is not
a contradiction out of their legitimacy.
He discussed this issue Abu Zahra And that reverse
speech right, does not entail the use of the right to
compensation only if accompanied by Baltgrir damage
from a suitor to the other party, or caused by, so the
compensation due to an act lured not only because of the
engagement and rescinding the right choice, if required
some sort of dress and the device .. Or requesting
processing dwelling .. , فيعوض this damage because of
interference in its creation addressed is the engagement
and reverse ..
Rcn one party to the other and confidence in him and
he thinks not assume reverse means not arrange
compensation because it اغترار the not تغرير, and lured
positive for ensuring [(1)] .
While gold Sheikh Mahmoud Shaltout Sheikh of Al-Azhar
mosque to compensate never It ماذهب mechanism, Dr
Mustafa Sibai but according to three conditions:
1 to be reversed without reason fiancée.
2 The reverse damage inflicted physical or mental بالمخطوبة
are not sexual Alasthua.
3 to confirm his desire suitor norm and reason in a
marriage.
The Civil Court of Cassation decided in 1939 include:
1) Engagement is not a binding contract.
2) just the reverse is not a positive reason for compensation.
3) if accompanied by reneging on a sermon other acts harmed one of the betrothed may award compensation based on tort.
Court decision shows that he should be compensated in the moral and material damage as they are positively harmful acts to compensate [(1)] .
But if you got an annulment unnecessary personally see no compensation for pure reverse the sermon, but if coupled with this sermon Palmsogat the following:
1 for termination without cause fiancée.
2 prolong the engagement excuse or not, is alone sufficient to compensate with the first reason.
3 for material and moral damage, which does not violate the-Shara بالمخطوبة.
4 What can be detrimental to the reputation of the girl or leaving them to function.
5 No compensation case being deceived, and is the past of the corruption.
And because God has said:) ۅ ۋ ۋ ۇٴ ۈ ۆ ( Isra: 34] .
The promise is legally required, and considered the
Messenger of Allah ^ breaking promises tuft of hypocrisy.
Section VIII : the provisions of the engagement in the
Syrian Personal Status Law
Article 2: Engagement and the promise of marriage and
reading light and catch the dowry and accept the gift not
be a marriage.
Article 3: each of the fiancé and fiancée to abandon the
sermon.
Article 1: 4 if the suitor dowry payment in cash and
bought apparatus women then Edit her fiance فللمرأة
about the choice between re-such as cash or delivery
device.
2 If you alter women, it must be such as dowry or its value.
3 takes place on the provisions of the donation gifts.
It is essential for completion of the application of these articles from article 536 / Origins: The Sharia Court final judgment in matters of personal status of Muslims, and include: a marriage. B dissolution of the marriage. C dowry and the device. D incubation and breastfeeding. E alimony between the spouses and children. And charitable endowment in terms of equivalents زومه and health conditions.
Explain the material:
Article 2 and 3: The second article remember images courtship, where a statement of the promise, which shows that the sermon does not hold promise, but this was followed by the third article reads as confirmed by rescinding the right to both suitors.
Article 4: characterized by Article IV, the first paragraph of reverse fiancé or fiancée in terms of the response was
appointed dowry or value of an application of the doctrine of jurists in dowry in terms refer either to distinguish between عدوله and عدولها in terms of origin refer pony eye or fair is the opinion of Maliki and Hanbali in gifts in part of it, though mentioned in terms of reference and the lack of it, and the second paragraph option granted to the wife if amended are alert to it, what could harm arises from the reverse may suffer.
In this unnecessary reference to compensation for termination of engagement in the least amount without this authorization.
So went the Court of Cassation (607 resolution date 05/12/1967) to retrieve the passport gifts if you do not for error فاسخ, can not achieve the goal of gifts provider in strengthening the bonds of love between the couple in order to fully marriage.
The Court of Cassation said in another resolution (286 date 12/06/1968), saying: «may refer gifts given during the sermon if fiancée refused to complete the marriage». And between the decision to explain that neither error nor abuse of engagement in the dissolution suitor [(1)] .
Chapter II : Provisions of the marriage contract
Section I : Definition marriage, Parweit, e and cash
equivalents
Legitimate in terms of description
Section II : Elements of the marriage
The third topic : the conditions of validity of marriage
Section IV : access conditions for marriage
Section V : Terms of unnecessary marriage
Section VI : administrative transactions marriage
The first topic : the definition of marriage (marriage), legitimacy and cash equivalents
The first requirement: the definition of marriage
(marriage) and evidence of legitimacy
Section I: Definition of Marriage (marriage):
Language : annexation and combine, and it fuck rain
the ground if it was adopted, and intimacy and the contract
( 1) , which is a synonym for marriage.
And idiomatically: Tap knew that «contract stating
enjoy solution between a man and a woman without a
legitimate objection, it is positive and mutually accepted,
and useful solution to enjoy legally, for the husband of a
woman jurisdiction unrealized femininity, but not of incest
for life or temporary.
And said Shaafa'is is: «contract includes the legalization
of intercourse.
And can be calculated in language use contract Kcolhm:
fuck so and so so and so any contract with her, and fuck
his wife any intercourse with her.
And its meaning in Islam when the public contract, a
metaphor in intercourse, and says:) Im eBay eBay pages ( [Al-
Baqarah: 230] intended to contract, and is intended to have
intercourse by saying ^: «even taste Asiltk the and
gastronomical Asilth the» [(2)] . And went to tap it for
intercourse and metaphor in the contract is the closest of
the language, because the meaning of intercourse door
remark, we Almmash the contact euphemism him.
Raghib al-Isfahani responded that the names
intercourse كنايات the يستقبح mentioned without a
contract, just use the ugly of what it is advisable [(3)] .
Others went to the subscription and significant on both,
and it says:) ڃ ڄ ڄ ڄ ڄ ( cow: 221] Virad the prohibition on
contract entangling, and forbidding intercourse in the
nation owned entangling [(1)] .
That went Syrian Personal Status Law in Article 1: To
define marriage as: «marriage contract between a man and
a woman legally permissible for him than the establishment
of the Association for the common life and birth control.
Section II: evidence of the legality of the marriage
contract:
From the Qur'an : God's words:) ژ ژ š š ک ک ( women: 3]
and says:) o ٻ the پ ٻ ٻ ٻ ( [Nur: 32] .
It is Sunnah:
^ Saying: «I like Aftrta of Vlistn بسنتي and two years of
marriage» [(2)] , and saying ^: «of the living God righteous
woman has bisected subsidy religion, so let him fear Allah
in the second half» [(3)] .
The general consensus of the nation on the legality of marriage and its importance is obvious that in the absence of the interests of celibacy, and the spread of the evils.
And the purposes of marriage many of them: Remember the offspring, and the water that output hurt Ahtbash, Neil pleasure, and also pay in paradise, and the survival of the male, and raise prayer degrees of good boy [(4)] .
Some mustahabb wife and marriage:
Is recommended to be wife religiously Balastmsak the acts of worship and righteous deeds and chastity and piety taboo to saying ^: «A woman may be married for four things: their wealth and lineage, her beauty and her religion فاظفر same religion patting hands» [(5)] , any .the Bmutirk with religion and only lacked استغنيت
The first being a virgin «Hala took virgin Tdaabha and
Tdaabk» [(1)] and not to marry her guardian, but a virgin
never married.
And be of good proportions Nusseibeh originally ^
saying: 'lineage' and «Tjera to Ntvkm» [(2)] . And to be a
foreign or near nearly far, Shafi'i said: whatever the
household of not graduated their wives to other men
were in their children idiots. Summarize Habeer: 3/146.
This is because of the purposes of marriage connect
people to marry for mutual cooperation and the meeting
of the word, and get married ^ Zaynab girl aunt to a
statement of the passport, as well as the prophet Ali
married Fatima, God bless them is about far as it girl
cousin and passport.
And be friendlier to the saying ^: «married fertile
friendly I مكاثر the Welcome» [(3)] . And to be beautiful and
broad mind and soul for saying ^: «was asked Messenger
^: women any good? He said: that تسره if view, obey if
ordered, do not go against his wishes hates herself and
money » [(4)] , and hated with subtle beauty whether
boasts its beauty, as Say that recognizes one might بعقلها.
And to be driven by pony light for saying ^: «the greatest
women pool Oasrhen 5 [( «صداقا [( . It was said: The first bad
omen women frequent her dowry.
And marry only one woman to the phenomenon need
clear information, if was futile recommended that adds
one not to divorce her. And held in the mosque first day
«God bless my in Pkorha» [(6)] . And be entered in October.
The second requirement: the rule of marriage in
terms of description u t appointed
The origin of the marriage scars and Sunni when you
need it that eager himself to sexual intercourse with his
ability to have intercourse, yet mankind wife and
attention, even if a eunuch, and without Vtourah Kanin,
and with المؤنة of dowry and cladding, alimony, even
days, and marry with the worship save the debt is keeping
interests different types of birth control and ratios. If you
do though poor is accepted by the structure of vaccinated
and vaccinated Othieb, and will be rewarded as well as the
structure of compliance commanded ^ in saying ^ : «O
it is فليتزوج t young men, whoever you can afford معش
lowering the gaze and أحصن chastity and could not he
fasting it to him and came» [(1)] .
The face of inference : Whoever can afford, alimony
sexual intercourse, and could not, prolonged ,فليتزوج
fasting and a lot weaken intercourse so it has memorized.
It confirms that year what Roy p sufficiently Ben and
gentleness that came to the Prophet ^ said to him: «Alec
wife Aaekav» said: No, he said: «The ongoing» said: No,
he said: «And you correctly Moser», he said: Yes, thank
God, he said: «you if of demons Brotherhood ...» [(2)] .
And women as men in the event of need and lack
thereof.
The marriage is better than the application of science
and education and the abandonment of worship and
redundancy in more correct when Shafi'i, who reached it
to the maintenance of self for outrageous and a reason to
get the boy Saleh, who calls him okay, so that
unemployment, leisure and young people together
performers to immorality, and most likely I'm Abdeen that
the intention to eliminate lust Nearly delegate to be able
to spend his desire illegally The impact of the project with
the knowledge as required by the marriage of the duties
and weights, making it accidentally leave sin.
Some have gone to that imposed taking باالحتياط and
for the damage as much as possible, as to engage احترازا
with the statutes and the Sunnah of redundancy with the
first to leave the marriage.
And argued that the imposition of the adequacy of
the province on birth control, as if to introduce the
Muslim community with him to cut off birth control.
And went to the superimposed virtual eye on each individual verse:) ژ ژ š š ک ک ( which is obligatory, and saying ^: «married fertile friendly I مكاثر the Welcome» [(1)]
, which is an absolute shall be absolutely hypothesis, and to refrain from adultery imposed, it is not only in marriage, and what are not taken to be, but it is the duty of [(2)] .
I answer: bear evidence of the scars, to establish a place of marriage when fasting deficit for the marriage, fasting not delegate delegate acting as duty, and some of the companions was not his wife and did not deny it.
It can be presumably also : and if he was afraid for
himself adultery, or if his vow with Altoqan him and his
dowry and alimony, even borrowing if being able to meet
and not to fear from the oppression of the wife, as well as
if you can not prevent himself considered taboo or
masturbation stop Vivred in his marriage, This is because
not only reach him to leave the Sacred is imposing and
this is when his inability to fast inhibitor of falling into
adultery.
And if he thinks it most likely king of dowry, alimony
and to meet the deficit and uncertainty of adultery
imposed on him to marry too.
And be permissible when his intention to eliminate lust and by and there is no objection with being and Ojeda to مؤنة, and the evidence for that is the verse:) ٺ ٺ
ٿ ٺ ٺ ( women: 24] , after mentioning the taboo and wife and patency of المترادف, and the delivery of benefit to the same like food and drinking for permissibility.
Here becomes worship and seek knowledge better.
But if unintentionally son valid and Aafava the was Mthaba and becomes the Hereafter delegates to him.
Has become distasteful not يستح by his marriage with no need for it that did not Taatq himself to habitus or a disease or a deficit, ANSA or service With lost المؤنة (preparedness) as to Aigdr to do as well as he does not need him.
As well as the case of a preparedness (المؤنة) with the illness of a pyramid or permanent illness or curse or wiped.
As well as if it were in the house of war on the child's fear of disbelief. . Or conflict has a fear of getting caught in adultery and the fear of injustice, as the injustice of the wife's right of sunflower nearer from the fear of fornication, because keeping the width of the right of God, as well as when the dowry, alimony and that he was afraid of adultery, if not broken his desire Vzusband first of its occurrence in adultery.
And suppresses the desire prolonged fasting and raised only very few, if not broken unit lust married, it says:) ٹ ٿ
ڦ ڤ ڤ ڤ ڤ ٹ ٹ ٹ ( [Nur: 33] .
Which يفيده the concept of saying ^: «can afford» ففاقد alimony but مستطيع must be prolonged fasting a lot.
It may be forbidden if the uncertainty falling into tyranny and injustice to the wife, because the marriage proceeded to collect the reward interest and self-immunization, if found unfair sinned, and ward off evil first of bringing benefits, disability or uncertainty about the dowry, alimony its inability to meet [(1)] .
Did not intervene legislator in the ruling on marrying,
but appropriate, Article 305 of the Code of Syrian
Personal Status, which read: «all unless it text in this law
because it to say, probably in the Hanafi school, »it must
refer to what the tap here which offers provisions التكليفية
five for marriage, though likely is marry scar ages of
human society in the survival of offspring and what is in
the child of the purposes that the best upbringing no
longer no limit in this world and the hereafter.
Section II : Elements of the marriage The first requirement: the views of scholars in the
corners of the session
It corners of Marriage [(1)] which must of its existence
and is one of the essence of the contract, which scholars
have disagreed:
According to public opinion pillars of the marriage
contract are: Akdan and shop and the formula:
First: Akdan : understanding husband and wife or
Kalhma or Ehma, and requires two full performance of
civil or missing, and here in the session is sufficient when
the public eligibility under-performance, and requires two
dissatisfaction and lack Alxra e also come [(2)] .
Fuck impeller: and idiomatically coercion: is to get
others to act means intimidating [(3)] .
Scholarly in fuck impeller:
Hanafi and Hanbali went to his health. The Maalikis and
Shaafa'is to void.
Quoted ancients saying ^: «three matters and joking
grandfather's grandfather: Divorce and Marriage and
irreversibility» [(1)] .
The modern and clear indication that the words of the
marriage procedure. . Adheres to its effects.
He quoted others saying the Almighty:) ڃ ڃ ڃ ڄ ڄ ڄ ڄ ڦ ڦ
ژ ژ ڈ ڈ ڎ ڎ ڌ ڌ ڍ ڍ ڇ ڇ ڇ ڇ چ چ چ چ š š گ گ گ ک ک ک ک ( An-Nahl: 105
106] Valxrah no effect on make an infidel insured, or if
conducted on the tongue compulsion is not satisfied as
long as his heart was reassured by faith.
The speech Messenger of Allah ^: «God has forgiven
my ummah for mistakes, forgetfulness and what they are
forced» [(2)] .
The modern and clear indication that General culpability
filed under duress, and that the marriage contract is not
consequent impact [(3)] .
Second: The subject of the contract : Tap and some
said Shafi'i and Hanbali that held it is a solution to enjoy
the object of them, and both husband and wife are party
to the contract does not replace him.
And drew him to the shop is the solution to enjoy them
because intended العاقدين and غرضهما, in addition to other
than the subsequent reproduction and love and
compassion.
Third: Format : conditions shall be met for the
marriage proposal and acceptance, and to be considered
origins must agree, and this is done in the affirmative,
acceptance, and two formula marriage, and this means
the requirement to communicate them, or the presence
of offer and acceptance were related.
Does not require the public offering words of the guardian of the husband and Shaafa'is Bucking when some Shafi'i and Hanbali Vastrtoa provide positive guardian, promised the public positive of the guardian and acceptance of the pair progress or delayed, but stipulated that the Hanbali progress so, without tap who promised positive that version formula suitable for the benefit the first decade, and acceptance: version ... Second, whether it be the guardian or spouse.
This is stipulated by the Syrian Personal Status Law in Article (5): (marriage shall favorably from a العاقدين and acceptance of the other).
Even mediate the third with a link to the proposal and
acceptance that the Crown says [(1)] : married daughter
Flana said: viscosity for so and so and then the husband
said: accepted to marry her. He said: accept to marry her,
held that the contract offer and acceptance linked to, but
if they said: Yes, or one of them said: Yes, there is the
contract as well as the to Oukal guardian: viscosity
limited it is not valid must be saying viscosity flan [(2)] .
The second requirement: words function on the offer
and acceptance in the marriage contract
First: the words of offer and acceptance explicit in the
marriage contract:
The masses of scientists went to the the matrimonial
Blfeza decade of marriage or derived them for saying ^:
«fear of God in women ye Okhztamohen of God and
safely فروجهن استحللتم the word of God» [(3)] and to be the
word of God marriages and marriage to limit the Quran
mention these اللفظين, so stop with them تعبدا and
reserves the Shaafa'is Contrary to the public, with the
semi-worship to be considered delegates, but receive the
worship of Islam, has been reported in Shara These
and holds a word in saying ^: «Mketkha including ,اللفظان
thee from the Qur'an [(4)] on a novel public «Zojtkha» [(1)] .
And requires the acceptance statement Baltazoaj or marriage is not sufficient, saying: accepted, not stating his intention is approved doctrine when Shafi'i and Hanbali, because the marriage does not meet Enaah, but went acceptance to what has enjoined the positive, and say: This is true acceptance and carries on the positive, and is Kalmaad rude as it is more correct in sales [(2)] .
Second: The words on the titling function in the case
of objects without Awad Calebh, charity:
Abu Haneefah and his companions, Maalik and Ahmad to the contract by the condition mentioned dowry, and the argument masses to marry the Messenger of Allah ^ held by فينعقد him to marry his nation, he says:) ۆ ۆ ۇ ۇ ڭ ڭ
ې ې ې ۉ ۉ ۅ ۅ ۋ ۋ ۇٴ ۈ ۈ dd ئا mm ئا Iە ( Ahzab: 50] and was a project in his right ^ is the right project.
The Shaafi'is to prevent reconvene this wording and said: This word special prophet, peace be upon him guide says: )
ې ۉ ۉ ۅ ۅ (, and because the term is held by the other did not take place by the marriage كالإجارة and permissible but it should be reservists Alabdhaa, because the basic reservists Alabdhaa.
Third: The words on the titling function objects such as selling if mosquitoes intended meaning of marriage and the presumption was a function of the metaphor.
Tap went to the passport. And of p is are Shafi'i and Hanbali, and the argument Almjizin that word if accompanied by evidence of the will of the marriages which benefit the King of the eye, which requires solving fun was used in the fact that the meaning of marriage is permissible, and the argument Almanaan the fact that sales and lookalike contrary to the fact marriages do not include the word on it.
Fourth: The words function on the beneficial ownership of mosquitoes or not Kolvaz the lease and loan, view of the masses is that marriage does not meet these terms inconsistent with what it indicates fact marry التأبيد the utility Unlike built on Altaqat, as it does not meet except as indicating ownership of the eye and neck.
Fifth: The words on the permissibility function and enjoy:
The crowd went to the not verbally convening the permissibility and replacements and fun for free about the meaning of the King, as the reach of the food intake on King المبيح judgment and prevention Mbih and stone, it must in utter marriage of term ownership neck.
Otherwise of words Kalkarz and sanitation, peace and wherein the words between the commandment convene and whether or not when you tap and not held by the facets [(1)] .
The third requirement: image of offer and
acceptance in the marriage contract
Is it necessary for word the past, we shall suffice Psoah or is it taking place already present tense and do it, if scholars agree to take place already last year, according to the word Guardian: your wife, and telling the pair: accepted, because the last evidence in the investigation, but Shaafa'is stipulate also Admission: statement Baltazoaj or marriage . .
If I use the present tense started Bhmzh marry, بالنون or Balta not Leno reception and promise it is true, because every word benefit proven convened and Consent to use true, is not correct him to promise if you find the context function on the case, and acceptance is in the past.
The present tense and it is firm and is unlikely: as if the
suitor said: Spouses daughter, directed to speak to the
Crown, the guardian replied: your wife, it was true to the
presence of the decade call the pair assertion, there is no
need to accept the new.
As well as the words of Guardian: married, suitor
replied: I married your daughter, there is no need to
accept the new guardian of the call guardian assertion.
That is because the Prophet ^: «Zojtkha including thee
from the Qur'an [(1)] after A'raabi said: Zojnyha.
And The present tense likely: as if the husband says:
daughter Zojtna or Tzojnyha or guardian said: Otaatzoj
daughter is not considered fully valid contract because
the question the meaning of these words do not say for
sure the will of the contract, as is meant here is the
promise of no contract.
So did the last command: If via them Vahdahma about
the future and the other from the past held the contract,
such as saying,: Spouses will answer your wife [(2)] .
As stated in the Personal Status Law Syrian Article (6):
(a proposal and acceptance in marriage with words to the
effect means the language or the norm) This includes the
words function on the offer and acceptance, has
expanded and according to the doctrine of the tap to
accept every word D. language and custom, and doubt
that it has to be of significant benefit means firmly.
The fourth requirement: Terms of offer and
acceptance
Stipulated in the offer and acceptance of four terms of
the agreement, namely:
1 Federation Council proposal and the cellar :
So as to associated positive guardian to accept the pair
occurrence of the second answer, saying investigators for
the purpose of talking former فينعقد the contract, if the
woman said: give myself, or said Guardian: your wife my
daughter, so the other side of the board before admission
and worked work benefit انصرافه of the Council, and then
said: accepted, After that it does not ينعق the d, because
the requirement link union decade, and started the trip in
order to facilitate, if said in the House last: Accept did not
take place, because to speak of what not decay Z.
But does not require immediate acceptance when Hanafi and Hanbali In the words of the Maalikis فينعقد The Council's long-decade.
And required immediately when Maliki and Shafi'i not
separating the offer and acceptance break a lot, and the
separation term is what I feel Baaradh for admission, and
does not harm Chapter easy to not notice symptoms for
admission, and does not harm also was part of the
contract or in the interest of Kusith his daughter good or
Kkhtabh light, and symptoms is what Del custom and I
feel, Kclam foreigner from the contract [(1)] .
2 compatibility and matching between acceptance and
positive:
Conditions shall be met that does not violate the
acceptance so, if someone said to a woman: I married a
thousand, the woman said: accepted the marriage does
not accept dowry, does not meet the marriage, because it
commanded so much labeled dowry, even صححنا
acceptance, he has Mehr ideals did not satisfy him, even if
accepted did not increased so true as stated, because the
acceptance of a house on the positive when the tap.
The Shafi'i said: not required unless stated pair in the
contract commitment, if enjoined guardian thousand, and
the husband said: accepted the true contract, and
necessary Mehr ideals are not labeled, indicating the
validity of the contract when Shaafa'is here with
disagreement between the offer and acceptance, but it is
not absolute as if someone said: wife Khadija daughter,
the man said: accepted Fatima marriage, no marriage
shall.
Lulu said: my daughter's spouse thousand dirhams, said the husband: Accept marriage Boukmsmaip not take place unless the contract was contrary to good, said the pair: a thousand and five hundred accepted is valid contract.
Consensus does not require the guardian and the pair in pronunciation, if the guardian said: my daughter's spouse. The pair said: accepted to marry her. He did not say (her marriage), so, as a lesson in the contracts for the purposes and meanings of words and not buildings [(1)] .
3 survival positive إيجابه and his insistence upon to
accept executable:
Require the offeror will not return for positive before accepting knitter other hand, the champion returned positive, did not find admission agrees thing, the positive as well as the survival of on the eligibility Aftru the madness or fainting. . Invalidates the positive acceptance if not issued yet, and it becomes positive if it does not, as well as if the wife returned from her permission before accepting a spouse or agent or fainted, admission is not valid [(2)] .
4 hear all the other of العاقدين words and understand
what is meant:
Does not offer and acceptance only to hear both stainless and positive for the other and understand Clamehma, because the word is a tool that the link between the will of the contractors, which express their satisfaction in this decade must be to hear each word of the other and understand his way to issue them indicating satisfaction.
And held of Akhras, but is a necessity, and must be absent from hearing the book with the hearing of witnesses [(3)] .
As stated in the Syrian Personal Status Law in Article (11):
1 is required in the offer and acceptance to be in agreement from every face in the Council and one, and have all of the contractors hearer of the word, other and Vihama that the intended marriage, and that no one of the parties before admission what invalidate YES.
2 and nullifies the offer before acceptance demise of civil anode and whatever benefit Alaara Z of one of the parties.
This means the requirement of the previous four conditions are met to Tamam contract, and if these conditions was hired did not accept claim Besoria the decade (aside 598 643 7/21/81).
The fifth requirement: the contract in writing and
the letter and the reference
Conclusion of the contract in writing:
He said the public: The Charter of the marriage contract boor does not take place first word, and this is something which is likely to face worship in conducting specific terms that are not this writing whether Akdan is the present or absent.
If the guardian said: viscosity of such a man, and wrote that, when the pair reached the book said: accepted .. Is not valid .
Tap said: just write without a word between the present void, With regard to الغائبان: Flo sent the pair a book in the affirmative to the marriage contract witnesses heard the words of the Apostle and read the book Jazz kissed the Council of the Federation of meaning, book Kalkhtab, and the words of the Apostle the words of the sender.
Had not heard witnesses talk apostle and read the book may not be with them other than Abu Yusuf if they heard saying: married myself, and protested that saying: splitting the contract, nor is the certificate only Bashatri decade, when Abu Yusuf said the pair بانفراده contract with him, and then appends acceptance are [(1)] .
He went Syrian Personal Status Law in Article (7):
May be offer and acceptance in writing if one of the
parties is absent from the Council.
It is clear that the weighting of the doctrine of the tap.
Of the contract by reference:
The signal mute function on the contract valid in the
marriage contract, and required Shaafa'is lack of
jurisdiction signal Balvtunain, and only if the private
Balvtunain not held by the contract, because it is then a
metaphor does not take place Enaah, as should the
prevalence of the signal and spread among discerning
and other dumb, and held referring Balaftn competent if
he has no another Mvhma signal and not توكيله, as held
the Enaah without marriage is not held, and is توكيله
considered referring competent euphemism.
There is no doubt that the contract of the speaker never
held reference [(1)] .
Conclusion of the contract of Akhras, writing:
The contract valid Akhras wrote no difference if you were
not a signal Mvhma and could not توكيله Baltazoaj to
another, whether for himself or for موليته, the had a signal
Mvhma are provided on writing the Shaafa'is as it is written
metaphor other than referring the usual no longer a
metaphor, if specialized reference was a metaphor, so
speech that the reference to the nearest to relate بالمتكلم
which reference his hand .. Therefore was the closest to
the pronunciation of the effects of pens.
Hanbali promised to write here because it is like the first explicit signal indication, and the transfer of this for some tap as well, and that swinging have their settlement
[(2)] .
He went Syrian Personal Status Law in Article (10): It's true offer or acceptance of speech incapable of writing that was written and only فباإلشارة information.
It demonstrates to provide written Akhras, which quoted Hanbali and some tap, and only reference the function was held on the will of the Akhras norm Bashauaha and spread.
The contract is not already: The risk is married and
attachment to Balfruj and Alabdhaa very large, but it was
strong prohibition on .. For all that the marriage contract
was not taken only words in the opinion of scholars .. Do
not accept the deal and act .. It is the marriage difference
for incest [(1)] .
I went to the Court of Cassation that significant in the contract terms the previous session there is nothing going on that deal (aside 63 52 01/03/73).
A marriage contract modern means of communication:
The contract modern means of communication possible way contract between the absent uncle replace compact, and can be made to communicate via phone and paper messages (fax) and the information network (Internet).
If we look at the different scholars in the contract in writing the tap يجيزونه with the presence of witnesses to talk العاقدين, but confusion serious counterfeiting and forgery of all these means, though the proof, but I see the passport of the decade on his own terms with the authentication of the lack of fraud.
The sixth requirement: words and slang Almsahfah
It is changing the correct words to others, contrary to what it termed.
Gold masses of scientists latecomers and contemporary to the validity of the marriage contract slang words open V. speaker in married, or replacement of the gym Zaya Zzouztk or vice versa: Jojtk, because the orbit in the customary formula from people Mahorat, and but stipulated Shaafa'is in acceptance statement بالنكاح .. So as to issuance intentionally true agreement Ahl hand what to utter it as if he put a new meaning of marriage facts verbal customary, especially when فأشبهindoctrinated words correct language and argued that it is not the fact that the lack of the situation and not a metaphor for the lack of relationship is invalid and valid contract it.
And likely to take place, but without Aref language must
be correct pronunciation as well as fatwa Almjizin, and
this necessity in colloquial without Aref [(1)] .
The error in the formula language if you do not upset
the sense true Kcolh: married to you or to you instead of
your spouse a Kalkhto in expressing [(2)] .
Has shown Article (6) of the Personal Status Law Syrian
passport held slang words to be considered and
significance the norm, but the first stick verbally eloquent
which the general public it is keen on the safe side.
The seventh requirement: non-Arabic words in the offer
and acceptance
Tap and Shaafa'is in more correct them and Hanbali to
their health than Arabic languages, all though knitter
knows Arabic, because what counts in the contracts for
the purposes and meanings of words and not buildings,
because the miracle is not related this pronunciation
.the translating فيكتفى
In the face of true only in Arabic because it is words
legitimate contained transmitted, and in the face that
was incapable of true with other Arab words, otherwise it
is not valid is the view of the Hanbali.
Even if each one came in his own language improves,
and translated them and third Avhmanma meaning
Clamehma before or during the contract if so, what did
not take long chapter But if after contract is not valid in
the correct view that uttered verbally without knowing its
meaning [(1)] .
This introduces a significant article (6) of pan-phrase
words function as it did not restrict the language in
Arabic.
The eighth requirement: the launch contract and
restrict formula
First: the contract done:
The nature and sanctity of the marriage contract
requires that the marriage contract accomplishing, it
must be from the fact that the formula Closed absolutely
no comment nor requirement nor add them.
Second: The contract added to the future:
Not valid comment in addition to time in the marriage
contract at all, as it is other المعاوضات and here is the first,
an increase in its reserves.
Flo said: If the sun rises wife my daughter was healthy,
but if he said: wife
God willing, it is not valid either fired or unintentionally
comment, unlike his intention blessed or the fact
everything, God willing, it is true.
Third: the contract commentator on the condition:
And comment on the condition possible presence is not
right as well as in the marriage contract, as if he said: (if
successful in the exam your wife my daughter) is not valid
at all, and notes entry requirement formula فيعلق of the
contract other than those entered on the effects of the
conditions in the contract, because the suspension inhibitor
of validity of the contract is contrary to launch contract and
Tngizh, otherwise held.
The text of the Syrian Personal Status Law in Article
(13): to Aanakd marriage added to the future and not on
the condition commentator unrealized.
The marriage contract is suited only ever given to His
Holiness and gravity, and is intended requirement here
attached to the establishment of the contract, comes this
study.
Fourth: The coupling requirement decade:
The conditions that go into the marriage contract can
either be for comment and cash equivalents أوعلى the
matter of restriction which is related to creating or its
effects and this is what attaches its effects will come in
the effects of the contract, and respect created and
formula which may invalidate contract and يفسده, two :
Marriage shighaar and attachment created means being
fixed at the origin contract فيبطل contract when the
public, as well as fuck fun.
1 fuck shighaar the [(1)] :
Definition shighaar: freedom for dowry by making a few
one against the other pony is the view of the guardian:
(your wife my daughter to marry me daughter without a
dowry), ie: to make the women Mehr other paid lapsed
without the performance of each of them, it must be
mentioned this.
Impact fuck shighaar:
Went to the invalidity of shighaar audience entertained.
Tap went to the validity of the contract with the hatred
and the need Mehr ideals.
Manuals and discussed: manual annulment of the year:
What is narrated from the Prophet Ibn Umar: «that the
Messenger of Allah ^ forbade shighaar, and shighaar man
to marry his daughter, on his daughter to marry him, and
not their Friendship» [(2)] .
The invalidity but it is for the violation Amomat of the
Quran and Sunnah in the necessity dowry زومه, In
shighaar vowed to drop dowry.
It was understood that the related prohibition Tap
exiled named shighaar the dowry with past several صداقا
make Vtantfa this essence and void, while the marriage
remains labeled what it does not fit the foal فينعقد positive
to Mehr ideals, and this guide to get forbidden to dislike
corruption.
And went Syrian Personal Status Law in Article (53)
that: «the wife must pony as soon as the contract either
correct call when the contract did not name or deny
originally. And clarified the article (61) What should of
dowry she said: 1 Mehr ideals must correct in the
contract when you do not rename or corruption Mehr
label.
This is pursuant to the opinion of the tap in the health
contract case shighaar with to Mehr zoom ideals, which is
what was said by the Court of Cassation (364 361
19.10.64) because said: fuck shighaar of the held true
Mehr should have been ideal, the content of the article (15)
of the legal provisions of the Personal Status Kadri Pasha,
when he stated: «fuck shighaar is to make a few each of
the two women to the other foals held true and must
contract Mehr each proverb» [(1)] .
2 Provisional marriage and marry fun: Comes discussed
later in terms of health.
The third topic : the conditions of validity of the marriage contract
It means health conditions: things and descriptions that
must exist to deliver the contract in his presence, if no
longer corrupt contract was not significant, and this
corruption in the descriptions of the contract is not in
conformity with the origin of the tap method to
differentiate between the corrupt and wrong [(2)] , and these
conditions are in the certificate of the marriage contract,
and the perpetuation of the marriage contract, the
resolution of the disputed Yeh shop.
The first requirement: the certificate on the marriage
contract
Definition Language certificate : news breaker, and
saw such and such testimony led when his testimony is
witness [(1)] .
And began: « tell the truth to prove right, the wording
in the certificate judge » [(2)] .
The doctrines of jurists where : he went public,
including Maliki and al-Ghazali of Shaafa'is to count
certificate health condition is not a cornerstone, and
Shaafi'is to count the certificate of the pillars of the
contract, as well as some of the Maalikis, but General
Maaliki enemy certificate condition for the validity of the
contract, whether there has or before Access, the income
without witnesses an end, and this certificate ندبوا when the
contract, and if no him there is a must before entering,
with his declaration scar agreement [(3)] .
Manual legality of the marriage contract certification:
1 ^ saying: «no marriage without a guardian and two
witnesses, and what was otherwise fuck it is invalid, the
فالسلطان تشاجروا Crown does not crown him» [(4)] .
2 ^ saying: «prostitutes who ينكحن themselves without
evidence» [(5)] .
He quoted Maliki speech Anas, may Allah be pleased
with him, he said: Prophet ^ established between the
Khyber and the city's three built it Bsfih a shy girl, I called
people to and 1 [( « يمته [( and the reference to the lack of
witnesses when the contract.
And the significance of modern 'prostitutes' clear
requirement to witnesses, the text in question [(2)] .
Nor يظنن Zan d alleged that Maliki does not stipulate
witnesses but separated between the nodes and the
access, they must witness a duty at the origin of the
marriage, but إحضارهما when the contract desirable, says
the infection in his commentary on a brief explanation
Khalil: «The point is that the origin certification Marriage
is the duty and the إحضارهما when the contract Vmsthab,
the earned certification when the contract has been
found commands mustahabb and obligatory, though the
time of the contract and found upon entry has got to be
and rolls mustahabb, although there is no certification
when the contract and to enter but found witnesses when
one of them health is definitely » [(3)] .
And the wisdom of the certificate requirement:
reservists Ibdhaa and maintenance for ingratitude
Marriages, and distinguish it from incest, and
maintenance of the right of the child; lest يجحده the father
is lost lineage [(4)] .
The impact of the absence of witnesses:
If a woman married without witnesses, or one witness
then witness the marriage is not permissible; because the
condition is the certification of the contract did not exist.
It void when Shaafa'is and Hanbali and corrupt at the
tap, and Tru certification the corruptible Iklbh decade
true.
The Maalikis it was نصوا that if the couple entered
without certification annulment of the marriage dowry
shot; validity of the contract for that algebraic dissolution
of the ruling, and limit the extent of adultery If READ
.or proven intercourse four witnesses Kalzeny بالوطء
That that does not appear and spread, but if فشا the
marriage feast, or hit tune, or if the contract or enter one
witness is the guardian not limit them and stave off the
suspicion, because the Prophet peace be upon him:
«Aderúa border for Muslims what you can» [(1)] .
Civil marriage and lack of witnesses:
It is inconsistent with the testimony of so-called «civil
marriage» a «agree my will a man and a woman to
establish a common life according to a law» and first
appeared this marriage in Europe and void the sanctity of
breastfeeding and different religion, and taken adoptive
sacred lineage, does not prove ratios born second only
the approval of the first, nor the multiplicity of wives, and
the kit (300) day, and divorce is located only spend, and
obliges the wife alimony.
This does not have to marry this project descriptions,
but if any cases it is not the approval of all of these
conditions, as the contract with the presence of witnesses
with the absence of the sanctity of breastfeeding and
religion .. Which the contract is with a project, but it was
in vain [(2)] .
Terms of witnesses in the marriage contract:
1 Islam: Because the mandate of the certificate, which is
in agreement only if the wife written non-Muslim witnesses
at the Abu Hanifa and Abu Yusuf contrary to the public,
Mohammed and exhale from the tap, and this
disagreement in the contract without proof.
2 commissioning: any of puberty and the mind; mad
because small and are not eligible for a certificate.
3 Issue: the testimony of two men, and when you tap
the testimony of two men or one man and two women.
4 masculinity: not ينعق d marriage certificate for women
or a man and two women at the public, and held the
testimony of one man and two women at the tap.
5 Justice: The Bmsturi takes place case when the
Shaafa'is and Hanbali; difficult to see them because they
are things inward.
The the Maalikis witness Mastour is the case Kaladm
them.
Bucking the tap they received the certificate of folk did
not stipulate justice; because Lecher fit and Leah in
Marriage Faisalh of the witness it; because the mandate
of the type certificate.
6 hearing: not held presence أصمين; because the deaf
do not hear the contract to witness it.
7 Pronunciation: not held presence Okhrsen; because
Akhras can not perform certificate, his presence Kaadmh.
8 sight: a requirement himself by Shaafa'is, not enough
have the testimony of the blind; because it testifies to the
rhythm of the formula, which does not know the positive
terminal of the executable, and others like it from the
darkness of severe and did not require public this
condition; because blind people of the certificate, and can
be certain that from the sound on the face of Ishq it.
9 San contractors knowledge: it is essential to
understand the words of the contractors, and to hear the
formula well.
10 not be interdicted for him fiduciary is condition when
Shaafa'is, as the condition of the mixing set to inattention
or forgotten, it must be a good conservation officer [(1)] .
Declaration of Marriage and conceal it (fuck password):
Marriage is recommended to show the duff to known
and known, as recommended feeding it, with the
agreement of the four scholars, Accordingly فيكره the
concealment contract or التواصي the so when the majority
of scholars, does not invalidate the contract because with
the certificate not be muffled.
And Maalikis to terminate the contract recommended
Bactmh, and they called the fuck password, and marry a
password: as recommended by the husband or wife or
witnesses hide his marriage contract, Vivsch contract
before and after the entry unless overlooking the norm,
making it the Gladiator [(1)] .
Evidence:
1 guides the audience: quoted public mustahabb
publicity and advertising interviews, including:
^ Saying: «declared this marriage and Adjaloh in
mosques and smite upon 2 [( «بالدفوف [( .
^ Saying: «separation between halal and haram voice
and tambourine in marriage» [(3)] .
As Roy: «that the Prophet ^ he hated marriage secret
until it hits a PDF and said: أتيناكم the أتيناكم Vheona greet »
[(4)] .
Based on the first conversation does not Abt's marriage
contract secrecy; because it does not have with muffled
certificate, and carry on other conversations mustahabb
and hatred confidential, and was attended by two
witnesses is no longer a secret marriage; appearance
Bcahidin and Veuah [(5)] .
Evidence Maaliki: advanced quoted ahaadeeth quoted
by the public [(6)] , also quoted Rui including: that Omar
may Allah be pleased with him came to marry someone
has not seen him only a man and a woman said: (This
marriage password أجيزه but not if you were made for the
stoned) [(1)] .
And Maaliki agree with the public in the marriage
announcement scar, but stipulate leave collusion on the
wraps Mstdelan the words of Omar discrimination
Alakdan the Ripper [( 2) , and clear Irrelevance it has to be
at least in the testimony of one man and two women.
E Ga in the Syrian Personal Status Law in the certificate
on the marriage contract:
12 requires the validity of the marriage contract the
presence of two witnesses, two men or one man and two
women Muslims عاقلين the adults hearers offer and
acceptance without understanding meant to them.
This text marks Hanafi in accepting the testimony of
one man with two women, but the doctrine of the public
agrees to require that a Muslim witness in the marriage of
a Muslim clerical and general doctrine of scholars agree
to accept a certificate clerical among themselves and
silent about the text in the certificate of assets and
branches. It is due to (305) of the Hanafi school, which
proves the contract and health well as when Shaafa'is.
Demand II: التأبيد and not Taqat the marriage contract
The marriage contract is a contract of life, and purposes
of the upright does not play unless it was intended
sustainability of the need for the stability of married life to
the stability of the family, and is not intended to eliminate
lust and Aloutr, this was التأبيد the validity of the contract
clause.
Temporary marriage and fuck fun:
And fun: the language [(1)] : Material pleasures, and
heirlooms is: utility item and all that it benefited, have
fun and annexation of breakage: name for Temtaa,
Kalmtaa days.
And idiomatically: It is to marry a woman to a learned
or not, Kamoosm or the arrival of Hajj, as if to say to her:
(yourself Omtaana) says: (Baggage myself), neither the
Crown nor the two witnesses.
The temporary marriage: it is phrased with the
wording of marriage and similar coupled including shows
Altaqat with the presence of two witnesses.
The majority of scholars to the lack of distinction
between marriage temporary marriage of fun, and who
split up between them as they tap said: What was the
word marriage with Altaqat he fuck temporary, and what
was the wording enjoy it fuck fun, in addition to that
certification in the fun, and there in the temporary
certificate, but this temporary spoiled and invalidated the
fun.
The four imams agreed prohibition mut'ah marriage and
temporary marriage, to the frequent news quoted to us
by the Messenger of Allah ^ prohibition on the fun.
Bucking g fled from the tap in the temporary marriage,
he said: marriage and may invalidate the condition, and
that he had mentioned the marriage with the condition of
a corrupt, but Aabtal Marriage the corrupt فيبطل
conditions of the condition and the marriage remains
valid.
Tap audience responded to exhale and said: that if
counting is temporarily mut'ah marriage is haram, but
Asbel being for life because they did not Trdah [(2)] .
And went Shiites Jaafarite to passport marriage
interrupted absolute and him mut'ah marriage [(3)] .
Evidence of those who say that it is haraam:
Scholars have been shown the public that it is forbidden
to marry fun substantiated many of them:
From the Holy Quran:
1 The words Almighty : ) ڄ ڄ ڦ ڦ ڦ ڦ ڤ ڤ ڤ ڤ ٹ ٹ ٹ ٹ
hath God Almighty all Alabdhaa only [Believers: 5, 6] ) ڄ
what has permitted Almighty contract legal marriage or a
king right says Ibn Abbas: (All Faraj سواهما haram) [(1)] and
tamattu not one of these, neither wife nor are thin-
owned, but they are not monogamous, because they do
not have the rights of the wife, and not Briqikh.
Valmenkouhh fuck fun forbidden text of the verse
mentioned and supported by the verse in the last verse:)
چ چ چ ڃ ڃ ڃ ڃ ( [Believers: 7] God Almighty has named مبتغي
and beyond what the ordinary indicates on the sanctity
intercourse without these two things.
2 and says:) ڎ ڎ ڌ ڌ ڍ ( [Nur: 33] because they hated slaves
on adultery Pay Vnhua about it and he called the Almighty
any prostitution adultery, fun Venkah haram [(2)] .
Sunnah:
1 what is narrated from the prophet Ali, may Allah be
pleased with him that the Messenger of Allah ^: «forbade
marriage fun day of Khaybar and red meat Humanism [(3)]
.
2 and spring bin Sabrah, from his father, may Allah be
pleased with him, that the Messenger of Allah ^ said: 'O
people, I've been authorized you to enjoy women, although
God has forbidden it until the Day of Resurrection, it had
them something Vlakhal him not Take your which
Atatamohen the thing » [(4)] .
3 andropause ibn Salamah narrated from his father, he
said: «licenses Messenger of God ^ Otas in fun thrice and
then forbade it» [(1)] .
Sayings of the companions:
1 Ibn Umar said: When the Crown Omar ibn al-Khattab,
speeches people and said: «The Messenger of Allah ^
authorized us in the fun three times, and then denying God,
I do not know one enjoys a bunker but Rjmth stones but
that comes to me with four witness that the Messenger of
Allah ^ has permitted after It campus » [(2)] .
2 and was the son of Masood may Allah be pleased with
him say fun replicated copy divorce, dowry, and
preparing and inheritance [(3)] .
3 And when asked Ms. Aisha for a fun women, she said:
me and you the Book of Allah, and I read this verse:) ٹ ٹ
چ چ چ ڃ ڃ ڃ ڃ ڄ ڄ ڄ ڄ ڦ ڦ ڦ ڦ ڤ ڤ ڤ ڤ ٹ ٹ ( [Believers : 5
7] whoever seeks beyond what God Wife or his lost except
[(4)] .
4 The Saeed bin Jubair said to Ibn Abbas: has gone Pftiak
the stirrups, which she said poets said: Hallelujah and God
what this أفتيت what is but كالميتة not be solved only
compelled [(5)] .
5-Haafiz Ibn Hajar said: The Ibn Abbas furry him it أباحها,
narrated that he returned for it [(6)] . This shows absolutely
forbidden to marry fun and licensing copies.
Reasonable : The purposes of the marriage contract of
affection and housing, compassion and kindness,
compassion, kindness and gentleness and mankind, and,
above all, the child and the family, all denies mut'ah
marriage, since neither the expense nor the proportions
nor the legacy of no divorce, no witnesses. . Unless
stipulated otherwise, has been fantastic ignorance of The
Arts in adultery, فشاء the legislation taking people
gradually, and that Ms. Aisha: «Onzel the: No Tznoa, said:
never let adultery. . » [(1)] then when he settled legislation
deprived fun Tibida.
Provisions mut'ah marriage when Shiites Jaafarite:
1 drop and finish the end of the agreed period or before
or after, according to the agreement, but settled or
increased remuneration, and if term ended nor
Amdeddah neither يفترقا fun turned into a valid marriage
without a testimony.
2 does not require frequent term or the lack of even a
little or a lot.
3 requires dowry nor an end to the least or most of it.
4 spent in the fun, because the requirement of alimony
should be permanent contract.
5 does not require the presence of the witnesses,
although it is mustahabb to say.
6 insulation may unconditionally; because the purpose
enjoy offspring and not the child.
7 may deny it without the boy suffered, and can be
named after him.
8 requirement Atianha may at some time without the
other night or day or hour. . Because the purpose enjoy.
9 Do not divorce, as well as الإيالء It is not her claim بالوطء,
there is no need for a divorce to end the fun end for her.
10 is not their only legacy by police.
11 kit كعدة the nation Baqrin, and death two months and
five days.
12 No limit to the number of women who enjoy them [(2)]
.
Evidence cited by the Shiite Jaafari and discussed [(1)] :
Imami quoted on the legality of temporary marriage,
including the following:
1, saying the Almighty:) ڦ ڦ ڦ ڤ ڤ ڤ ڤ ( women: 24] and
enjoy without marriage and is mentioned and wages
without dowries, which indicates that it is permissible to
have fun.
Is this: that you want to enjoy the marriage; because it
is mentioned in the context of the verses.
In the context of taboo نكاحا of the verse:) ڄ ڄ ڄ ڦ ڦ (
[women: 22] and immediately after the verse:) ژ ڈ ڈ ڎ ڎ ڌ ڌ ڍ ڍ (
[women: 25] The saying pay: the pony in the contract
Permanent called Agra, says:) ڱ ڱ ڱ [Abdallah] [Abdallah] (
[women: 25] . Any مهورهن said says:) ڳ of the ڱ ڱ ڱ ڱ
[Abdallah] [Abdallah] ڻ ڻ ( Ahzab: 50] and definitely meant
dowry for the marriage.
2 is proven in the Sunnah passport fun at some of the
invasions of it in Otas in the conquest of Mecca, In Amra
judiciary, in Khyber, and in Tabuk. Ibn Mas'ud said: «we
invade with the Messenger of Allah ^ we do not have
women, we said, do not Nst_khasa? Venhana about it,
then us to Nnkh the licenses women بالثوب to order, then
read Abdullah bin Masood:) ڱ ڳ ڳ ڳ ڳ گ گ گ گ ک ( table:
87] [(2)] .
In Saheeh Muslim from Jabir: «We're enjoying fist of the
exact dates and the time of the Prophet ^ .. Abu Bakr,
even forbade him Omar » [(3)] .
The nuclear answered this talk: it portable who enjoyed
during the reign of
Abu Bakr and Umar did not inform him of copying [(1)] .
3 Ali may Allah be pleased with him that the Messenger
of Allah ^ forbade mut'ah marriage and the meat of
domestic donkeys time Khyber [(2)] .
Did not move us the news that solving fun time of the
Prophet Abu Bakr or Omar may Allah be pleased with
him, so come age Faihrmha.
The Ibn Abbas was fun authorizes only compelled,
however, has been denied by the companions making his
view odd uniqueness.
The Modern then transferred from Ibn Abbas [(3)] that
came back saying, all this indicates to copy the
legalization of fun.
The third requirement: not an inhibitor of marriage
ornament
So that is to marry women desired permissible
religiously does not prevent him blocker life sentence
agreed upon, Kalmahramat perpetual and temporary, and
which, if no longer champion the contract did not
consequent impact, or contraindications various in. But
their presence spoil the contract, and that I studied all
inhibitions here, but some of them follow the terms
reconvene , and other health conditions, which it
disagreed, but standardized for this section of marriage,
contraception, agreed and studied different in it together.
Section I: taboo for life of women:
Allaah has forbidden to marry women things mentioned
in this research التأبيد, it is not permissible contract they
do not Khtabthen, as saying the Almighty:) ژ ژ ڈ ڈ ڎ ڎ ڌ ڌ ڍ š
š ڱ ڱ ڱ ڱ ڳ ڳ ڳ ڳ گ گ گ گ ک ک ک ک [Abdallah] [Abdallah]
ە\ ە\ ڻ ڻ ڻ ڻ À À À À e e e e ÿ ÿ \ۆ ۆ ۇ ۇ ڭ ڭڭ ڭ ے�\ ے� ( women: 23] .
They are three sections:
Section I: taboo because of kinship (percentages): They
are four types:
Type I: Origins person The علون of the mothers and
grandmothers: The mother was the first taboo because
they are heavier sanctity فحرمها saying the Almighty:) ڌ ڌ ڍ
(.
And Mother officer: All of them need to Ladd, ie have
begotten You are your mother or your child was born by
or not, whether male or female, mother father and that it
raised, and mother as well as the mother, it is your
mother metaphorically.
Type II: branches of the person and the branches of its
branches but Nzeln Kalpnat and Girls Boys, Girls
collection girl and Dhabtha: it is both generated Fbntek
fact or born of her child, whether male or female, as a girl
I'm even landed, and the girl girl even got Fbntek
metaphorically, or are all the female ends Here are
attributed to birth by or otherwise [(1)] .
And deprived for saying the Almighty: ( ڎ ) as well as
daughters and sons Girls though Sflan, because both him
n called Penta or the sense of the name in the presence
of birth and Albedeih [(2)] .
The third type: branches of parents and their branches
branches females The Nzeln of the Kalojuat and their
daughters.
Sisters gather sister and sister officer: each of and
son أبواك or each Vochtk ie whether the sister or father or
mother to the verse: ( ڎ ) [( 1 )] or are every woman Harkik in
the womb or steel or both [(2)] , as well as girls from every
brother and daughters of each sister whatever Nzeln,
includes the prohibition of brother and sister branches of
the verse:) ژ ژ š š (.
The officer blocks every woman's brother is your
brother by birth, they are your brother's girl whether
brother or brother or mother .
And Girls officer Sister is every woman's sister by birth,
they are girl sister, whether Sister sister or father or
mother [(3)] .
Type IV : Branches grandfathers and grandmothers to
only one layer They aunts and aunts without
descendants.
Valamat collection aunt Dhabtha : every woman I
met with the father in the womb or steel or both, this
aunt no real mode, or by: APEC Kaama the Fmtk
metaphorically any your origin aunt is your aunt.
And aunts gather aunt and Dhabtha: It is every woman
met with the mother in the womb or steel or both, they
are your aunt or by fact, Kkhalh your mother aunt
metaphor, and all of your origin aunt of the female is your
aunt [(4)] .
Depriving him aunt and all of the evidence in the
Balamoma of sisters, parents and grandparents from the
father says:) ڈ ڈ ( and meant by saying one layer sanctity
branch every grandfather only, without branch branch
every grandfather They Girls aunts and daughters, aunts
do not enter in the prohibition [(1)] .
And went Syrian Personal Status Law in Article (33)
that: deprive the person of its assets and its subsidiaries
and branches of his parents and the first layer of the
branches of his ancestors.
This article has included four types.
Section II: taboo because of intermarriage:
Type I: wife out of the person : depriving Menkouhh
father and grandparents on the father or the mother's
side, Vmenkouhh father denied the text, which says:) ڦ
ڇ ڇ ڇ ڇ چ چ چ ڃ ڃ ڃ ڃ ڄ ڄ ڄ ڄ ڦ ( [women: 22] .
The marriage is noteworthy and is intended to contract,
and whether the father entered the first, the prohibition
does not include the assets of the parent wife nor its
subsidiaries because they are taboos on the branch.
Type II: Origins wife:
They are every woman on her spouse are born or your
wife [(2)] is forbidden by both the cast to his wife maternal
grandmothers of the father or mother of ratios or
breastfeeding says:
گ گ ( ( women: 23] .
And deprive soon as the contract entered or did not
enter unanimously [(3)] .
This, and they must be of the correct contract as it does
not prove the privacy of contract only if combined with
rotten login or including similar كلمس of desire [(4)] .
The third type: branches wife person any Rabaúb:
Rabaúb: stepdaughter collection, a girl wife [(1)] , and
deprives it all belongs to his wife filiation of the daughters
of her children and her children's children though Nzeln.
Fbnt deprive women to enter with her mother, the
income it deprived her daughter on التأبيد to the verse:) ڳ
ڱ ڱ ڱ ڱ ڳ ڳ ڳ [Abdallah] [Abdallah] ە\ ە\ ڻ ڻ ڻ ڻ À ( women:
23 ] [(2)] .
Wa promised death is like entering into the right dowry,
as well as the right of prohibition [(3)] .
Type IV: The wife of a branch of the person:
Son's wife forbidden father Tibida to a son, whether
their son or income not on him:) À À ( women: 23 and the
wife is the analyte and if deprived Hleleh son so too
analyte old son though hostel deprive the father although
Ola [(4)] .
The majority of scholars to that of adultery with a
woman who does not forbid him to marry her and did not
deprive him her daughter nor her mother nor deny is his
father or his son [(5)] .
They quoted so as Root Sayeda Aisha from the Prophet
^ he was asked about a man who committed adultery
with a woman and wanted to marry her or her daughter,
he said: «does not deprive the Sacred wife but denied
McCann marry someone» [(6)] .
Bucking the tap and said: adultery with a woman or
touched or before or looked at her vagina desire deprived
it of its assets and subsidiaries and deprive are
ascendants and descendants [(1)] .
And went Syrian Personal Status Law in Article (34) that
is forbidden for a man:
1 wife of origin or its branch and Mutuh one.
2 out of Mututh and branch out of his wife.
It is also clear to the doctrine of the tap weights without
public considered an influential intercourse is forbidden.
Section III: taboo because of breastfeeding:
Taboo because of breastfeeding are taboo because of the
ratios and taboo because of intermarriage and evidence for
this: the words p g and exalted:) گ گ ک ک ک ک ( women: 23] .
As well as saying ^: «deprived of breastfeeding denied
descent» [(2)] .
As n Valmahramat because breastfeeding eight four
types of prohibited ratios and four of prohibited
intermarriage they are:
Type I : Origins of the person from infancy regardless
of handedness.
Any mothers who أرضعن to their mothers or
breastfeeding proportions [(3)] .
And Dhabtha : All of أرضعتك, or breastfed from أرضعتك,
or breastfed than have begotten by, or otherwise, or was
born Mredatk by or other, or was born owner of the milk,
a stallion by or other, as if a woman breastfeeds a child
milk from a pair فالولد infant son to her and husband ,
because the milk incident him فينسب to pair, فاقتضى be
the infant son of two, Kalmolod them, and if so was
nursing his mother, The mothers Jaddath was of a mother
and fathers ancestors of a mother [(1)] .
The second type: branches person from infancy
Whatever pitched كالبنت of breastfeeding.
Dhabtha: is all woman Artdat of milk or milk person by
person born or otherwise, any daughters of the ratios or
breastfeeding The Nzeln of the [(2)] .
The third type: branches parents of breastfeeding any
sisters through breastfeeding.
Officer sister radaa'ah: is: both Erdatha the mother,
or father Artdat of milk, or and generated by Mredatk, or
her son stallion, and deprives him nieces and sisters
Redaa the whatever Nzeln.
Type IV : direct branches of the grandfather and
grandmother of breastfeeding:
They aunts and aunts of breastfeeding no matter how
high the grandfather or grandmother.
Officer aunt infancy : is: each sister to stallion ratios
or breastfeeding Vtkon sister father of breastfeeding
aunt, whether it is a sister of ratios or breastfeeding, as
well as the ancestor of breastfeeding sister and the sister
of his fathers prohibited Kalama whether a sister of ratios
or breastfeeding.
Officer aunt infancy : the mother's sister's aunt
through breastfeeding taboo whether a sister or
breastfeeding rates as well as the sister of novelty and
her mother Kalkhalh in the prohibition.
The branches of aunts and aunts of breastfeeding is not
denied because it solves their marriage is not the sanctity
of their proportions Redaa [(3)] .
Type V : Origins wife person of breastfeeding:
Any mother wife and Jaddatha the breastfeeding though
.علون
Type sixth: branches wife person of breastfeeding:
Any girl wife of a mother breastfeeding, but deny the
same contract and girls not only deny access as well as
depriving girls of her daughters and sons The Nzeln of
breastfeeding.
Type VII : The wife of one of the origins of
breastfeeding:
Depriving Menkouhh breastfeeding father and his
father's father and Ola on breastfeeding son, and the son
of his son, although both entered the hostel father or
grandfather or did not enter [(1)] .
Type VIII: wife of one of its branches breastfeeding:
depriving Hleleh, the Son of breastfeeding and Son'm
breastfeeding and Nzeln on the breastfeeding father and
his father's father although Ola [(2)] .
Milk stallion:
The inviolability of breastfeeding prove by parents as
evidenced by the mothers of a pair, which descended
yogurt Botih, the Messenger of Allah ^ likeness
proportions in prohibition, and privacy prove proportions
of the two sides so too breastfeeding [(3)] .
This is what was agreed upon jurists and a say
Shaafa'is, and his milk stallion, because the reason milk is
the stallion when the public, any woman breastfeeds a
child of intercourse with a man deprived of the Child on
the man's relatives females as depriving his son of
descent; because the milk of the man as the woman,
Faiser the child was born a man, and the man his father,
and the children of men his brothers, whether the woman
or the other, and the man's brothers and sisters, uncles
and aunts of the Child, and his fathers and his mothers
ancestors Jaddath [(4)] .
Baby and child Tdia Redath girl denied it, whether
Redallma in one time, Okan between the two years, as
well as the babies milk of two women wives for one man
[(5)] .
Exceptions that denied proportions nor denied
breastfeeding:
Tap two cases excluded from the prohibition in the
proportions do not deprive them of breastfeeding and hand
are:
1 or his sister and his brother through breastfeeding, it
is permissible for him to marry his brother or sister or
through breastfeeding There is no Ajoslh that marries
sister or sister or father or brother or brother of the father
of percentages because they are his mother or Mutuh the
father other than breastfeeding.
2 sister son through breastfeeding, it is permissible to
marry is not permissible for him to marry the sister of his
son's descent because they are built or Rbepth other than
breastfeeding [(1)] .
He went Syrian Personal Status Law in Article (35) that:
«1 deprived of breastfeeding are deprived of
percentages, but what decided the tap to exclude
scholars.
And I see in Almsttnaat it is not an exception, but enters
the baby alone in a family of Erdah, The family Bakahavrad
which breastfed nothing to do her the whole Redaa this
baby.
Section IV: Forbidden because of the curse: His
research comes in the interim taboo, counting her
audience of taboos for life.
Section II: the taboo of women sanctity temporary.
They Mahrma T. who are denied for a period may be
long It ends Kalmtzojh the last if not divorce her. ., May
end Kmatdh others. . And Baanhen:
First: wife others or Matdth of:
Scientists agreed on the sanctity marry a third wife
says:) ٻ the ٻ ٻ ( women: 24] Pursuant to the verse:) ڌ ڌ ڍ (
women: 23] .
And chaste Muslim or Ktapiat are animate couples, the
husband was Muslim or writing for writing.
It also was agreed scientists on the sanctity of the
marriage of righteous whether the kit of divorce
retroactive or بائن or death or dissolution, and guide
prevention from marrying Palmatdh says:) ژ ژ ڈ š š ک ک ک (
[Al-Baqarah: 235] any until the end of time promised ; and
because some of the effects of the marriage contract still
lingering from the face, and the face of constant hard
every face in the taboo [(1)] .
And went Syrian Personal Status Law in Article (38):
that it is not permissible to marry monogamous another
nor Bmatdth.
Marry a harlot: the audience went to the is makrooh
to marry a zaaniyah lurking a of intercourse Muharram,
.righteous فأشبهت
Hanbali went to not marry her passport until she
repents and her 'iddah, and says:) ڌ ڌ ڍ ڍ ڇ ڇ ڇ ( [Nur: 3] .
Second: divorced three times:
Is not permissible for the husband to hold on his ex-wife
irrevocably that she has married another husband others,
and it says:) À ہہ À e e e e ( [Al-Baqarah: 229] , and says:) eBay
dd dd Ij Ih Im apolipoprotein E. Bjbh squirt including BP Tg Th TeX
been T ثج T then Tythe Geh g Ag Ham Khj خح ( [Al-Baqarah: 230] If
the husband wants to hold them again, he has the
following:
1 entering the second pair real incomes to go out for
Aisha: «Refaah Qurazi divorced his wife in divorce bit,
^ Abdel-Rahman ibn al-Zubayr, the Prophet came فتزوجها
said: O Messenger of God that Refaah divorced فبت my
divorce, and I who gets married after Abdul Rahman Ibn
Zubair acces t Zi, but him like الهدبة, said the Messenger of
Allah ^ A: You want to be the marriage contract again to
Refaah? No, even taste Asiltk the and gastronomical
Asilth the » [(1)] . Any until it gets access completely.
2 get permissible intercourse, if happened in menses or
nifaas or Zen Z or Ihram not been resolved, and in true
marriage does not corrupt the verse:) Im eBay ( [Cow: 23 0] .
Fuck Analysis:
Scholars differed in the second pair accomplice in order
to replace it for her first husband: Hanafis and Shaafa'is
to the validity of the contract and makrooh, and resolved
to the first, because the mere intention of the offense
does not affect, and makrooh to the lack of the purposes
of marriage and of the fending him off foul of
Amadadjatha other promises to him.
Maalikis and Hanbali to the invalidity of the contract,
with this Aattaba t intention husband without a wife, even
to continue to contract with only my Gap fled s قرنها
between them, and that what was narrated from the
Messenger of Allah ^: «not tell you Baltes Nickname said:
Yes, O mooring for God. He said: It is for the shop, cursed
God's shop and shop for him » [(2)] .
And Ibn 'Umar: «that a man said to him: a woman
marry her solve it for her husband was telling me he did
not know he said: not only a desire to fuck Like grabbed
her but hated her فارقها. He said: If we we consider at the
time of the Messenger of Allah ^ Q فاحا and said: Do not
continue to be adulterers, even if مكثا twenty years if he
knows that he wants to solve » [(3)] .
And went Syrian Personal Status Law in Article (36): P-1
may not be a man marries a woman divorced her three
times only after the expiry promised another pair that are
already entered.
Third: the combination of the two sisters or equivalent:
And it says:) e e ÿ ÿ ( [women: 23] Pursuant to the verse:) ڍ
ڌ ڌ ( [women: 23] is not permissible to combine the two
sisters of one pair, the longer the taboo on Altaqat, it
does not have to hold on the second if the first was in the
infallibility of marriage contract unless fired irrevocably,
and not his second contract in the first several, a view
Faucet Hanbalis other than Maalikis and the Shafi'i went
to the passport in Bainuna with mustahabb Shaafa'is the
end promised.
In two sisters ruling deprives combine women and aunt
any between women and girl her brother and daughters
of his brother's children, and deprives the combination
between the woman and her aunt, ie between women
and girl, her sister and her sister's Girls Boys, whether it's
from the point of birth or breastfeeding.
So the saying ^: «Do not combine a woman and her
aunt, but between the woman and her aunt» [(1)] .
This is because it leads to a rupture nearby wombs to
between co-wives of rivalry and jealousy.
The officer that: Every two women if one assumed
male, did not Adzlh marry interrelated them.
They wanted to guard from the combination may be
between a woman and her mother or her husband's
daughter, this is with the sanctity of married one as if it
was a male from the other, and this affinity of kinship or
not breastfeeding, but not the womb warns of cut if their
collection.
The audience went to the passport because privacy is
not fixed sides Vjaz the combination of both; because the
prohibition is not present case the contrary, women are
supposed male strange when ئذ may never [(1)] .
And went g fled to not permissible, because the girl if
the boy is not permissible to marry from the other
because they are the first to be the husband's mother
father spouse does not have to marry Bmenkouhh son
Unlike the contrary, in the second, if the assumed girl pair
male women were Menkouhh his father may not be
otherwise contrary .
He went Syrian Personal Status Law in Article (39) that
it is not permissible to combine the two women if
imposed each other male denied it, the proven insisted
for the one الفرضين Jazz combine them.
A weighting to the doctrine of the public without exhale
to prove the sanctity of combining the existence of the
privacy of the parties, except that Aqturna contract was
corrupt and must differentiate between them (aside 246
243 06/07/59).
Fourth: the fifth who was married to four:
We have unanimously agreed on the sanctity of
combining more than four wives says:) ژ ژ š š گ ک ک ک ک (
women: 3] .
It is intended the choice would between Iintin or three
or four if I want to combine for nine said.
It is the year: « Gillan Althagafi Aslam has ten wives
in ignorance, فأسلمن him, ordered him to the Prophet ^
elect four of them » [(2)] .
The husband has to take place on the fifth instead of
fourth pant him in the doctrine of Maliki and Shafi'i, unlike
tap and Hanbali who went to that it is not for the pair add
one instead that divorced from four until promised, because
preparing the impact of the marriage, and the righteous still
in the rule of wedlock, other than the death of one whom he
may add one Bdelha in the case [(1)] .
He went Syrian Personal Status Law in Article (37) to
that: It is not permissible to marry a fifth man even called
one of his four wives and her 'iddah.
It is according to the view of the tap, although it is not
the husband the wife relationship in several dowry.
This: The General jurists رجحوا marry بالواحدة without the
other, and for this they said: deprive sermon women on
women even though he may plurality if he does not want
the man in more ways than one, but pluralism is
legitimate for those who wills on the face of permissibility
God has said:) ژ ژ š š ڳ ڳ ڳ گ گ گگ ک ک ک ک ( [women: 3]
and flow requirement does not mean that the original
plurality, but originally المكل P justice in any manner
whatsoever, in pluralism should achieve justice more
than usual, the thought lack of justice in the first his lack
of pluralism.
Has identified Islamic pluralism four women had been
before that non-specific, and still have a lot of Nations is
not selected, and nations that have selected, abound in
their communities Alkhaddaún, has forbidden the
Almighty for making Alkhaddaún God said:) ڱ ڱ ڱ
[Abdallah] [Abdallah] ە\ ە\ ڻ ڻ ڻ ڻ À ( women: 25] because of
the denial of the wife's rights at all, which is limited to
spend Aloutr and by, and for this aversion majority of
scholars marry password but prevented Maalikis It is
obvious that this marriage of injustice severe for women
and denial of their rights. .
The are many circumstances justify polygamy, if a
woman is infertile or not loved by her husband, or abound
of women in society and pairs them for many reasons
Kktherh wars and the death of men, and they do not doubt
that they are human beings who need spend Aloutr, or a
man in need of another woman in addition to his wife,
would not like does not want to abandon his wife first, or
the man was of a severe rut lust, or want to heavily birth
control and family boy.
The first problem in people's perceptions of women's
abnormal that her husband married a second wife. . ,
Which makes this woman is fighting with all their forces
to get like that, then the second attempt to replace the
first and cancel .. , Or vice versa.
In the Syrian Personal Status Law in Article (17): the
judge does not authorize the Married to marry his wife
unless he has a legitimate justification, and the pair was
able to Nafqathma.
The content of this article two conditions:
1 - requiring the ability to alimony: It is required to
marry first, and a fortiori asked to marry the second, and
interpreted the Court of Cassation, saying: Marrying a
second itself presumption on the ability of the husband
material to support his wife, which gives the judge
discretion to do so, which is which contrary to contract
out of the permissible and non-restricted, so that people
.in alimony, and their consequences متفاوتون
2 and a legitimate justification but to look for something
may lead to the sanctity of houses and revealed the
secrets of families, which is not commensurate with the
privacy of the family and its secrets. Add to that the
requirement for justification is incompatible with the
principle of freedom of contract, and every governor
restriction is permissible in a manner that preserves
legitimate interest, but it was the first in my mind to pay
attention to what addresses and inhibits the plurality
problems.
He went Hanbali fuqaha that that was the custom when
people can not get married to their wives served as the
condition that do not marry them, so I think it is advisable
approval does not require this for تعدده to remain
permissible permissible, but the تعينت interest and feared
for himself falling into the no man's land is better that
enumerates even without its consent, and here stands the
legislation stand lofty ban Muharram with access to
eliminate this desire road project, unlike other systems, it
opens all avenues of co-existence is the project or project
descriptions inventor with the lack of recognition of the
effects of these actions, which means that the large
number of boys illegal, but the presence of foundlings, and
then me close this door, lest accepted the legitimacy of the
second blessed with her children, preferably said:
Khaddanth, and the son or daughter of Khaddanth [(1)] .
Fifth: the woman who does not condemn religion Cyan:
It is women who worship fetish or fire or trees or
animals. . The agreement of the masses of the nation's
scientists, and it says:) ڃ ڄ ڄ ڄ ڄ ( [Al-Baqarah: 221] .
Some have gone mustahabb to marry Etapih Please
conversion بميلها to the religion of her husband, because
usually the wife's tendency to pair and religion and
preference over people, and make sure hate to marry
them in the house of war to go and his son, and fear bred
him, including exclusion, but this is not permissible for a
Muslim woman to marry a non-Muslim in any way
oppression of women's fear of a non-Muslim [(2)] .
Sixth: women irony Balan:
The pair accused his wife بالزن the Z or deny the
proportion generated it requires curse if you do not
recognize the wife's adultery, which is confirmed by faith
certificates and curses instead of myself tossing and
adultery [(3)] , with this lack of witnesses to what ejected
him, and ejector minimal evidence Zen Z of say or do
must be a limit, which is eighty lashes, saying the
Almighty:) š š ڳ گ گ گ گ ک ک ک ک ( [Nur: 4] but happened
in the time of the Messenger of Allah ^ that a man from
the Ansar came to the Messenger of Allah ^ said: O
Messenger of Allah, what do you think a man with his
wife, a man found Oiktlh Or how does it do? Allah
revealed in what would in the Qur'an from Almtlanin
command said the Prophet ^: «God has spent in you and
in your wife» Vtlaana in the mosque and I saw, when
Vrga, said: lied to them, O Messenger of Allah The أمسكتها
the uterus .. And that was a between each Mtlanin the
differentiation [(1)] .
This revelation of the verse : ) e ÿ ÿ \ۈۈ ۆ ۆ ۇ ۇ ڭ ڭ ڭ ڭ ے�\ ے�
ې ې ې ې ۉ ۉ ۅ ۅ ۋ ۋ ۇٴ dd ئا ئا Iە Iە Io Io Iۇ Iۇ Iۆiۆ Iۈ Iۈ Iې Iې Iې
apolipoprotein E. E. dd dd Ij ( [Nur: 6 9] .
Not been subjected to the Syrian Personal Status Law
for that matter, and therefore be Meskuta issue for
intervention in Article (305), which requires the
application of the correct view of the doctrine of the tap
when silence, a temporary band them.
Seventh [(2)] : The Article (48) of the Syrian Personal
Status Law on the following:
«Non-Muslim Muslim marriage void» he says:) ڃ ڄ ڄ ڄ ڄ (
[Al-Baqarah: 221] which, according to scholarly consensus.
Section IV : access conditions for the marriage contract
We mean by the conditions under which their presence
is required to entail the fruits of the contract and its
effects, but the contract was suspended for wanting to
leave the person concerned, do leave, only أبطله not to
vacation, unless forbidden, namely:
1 directly to the marriage contract.
2 agency in the marriage contract.
3 state in the marriage contract.
4 give the parties to the marriage contract.
The first requirement: direct marriage contract [1]
The scholars agreed that the pair of sensible initiate his
own marriage contract, non-stop on the will of one, and
without policeman efficiency and Mehr ideals, as no one
has the right to force him to marry a requirement for
satisfaction and acceptance of the validity of the
marriage.
As an adult woman wise virgin has gone to the public
that they do not proceed with her marriage contract to
the predominance of modesty, and lack of expertise men
entrances and Antoon him, as it does not fit with the
severity of her modesty to proceed with her marriage
contract.
Tap went to the marriage of-rational Bembacherth the
woman, but did not hold her crown, or Pashrh wali for
saying ^: «pristine permission in itself,, her permission
Samadtha» [(2)] and because it is ashamed to show desire
not to respond, the efficiency wanted established by the
the أوليائها of the and Mehr ideals, and only had to بشرطي
right to demand the annulment unless appears حبلها.
He went Syrian Personal Status Law in Article (16):
complement a civil marriage in the boy as of the
eighteenth and the girl as of seventeen years of age.
Which determine the age at which can be with him
directly marriage contract, was not limited to material on
direct but included the state, since its conception shows
that did not reach this age is not eligible for Mbacherth or
to marry, except as stipulated in Article (18) of the
passport, then the judge for an adult in the fifth ten, and
extremely thirteen, but this related to the initiation of the
contract does not perform the contract mandate, which
shortens the mandate of coercion even cancel, because if
you are not marriages without the permission of the
judge the boy was fifteen, and the girl in the thirteenth
provided the possibility their bodies with sincerity
Dawahma puberty ( AD 18 1), and in this Mbacherthma
with a requirement for the approval of the father or
grandfather (M 18 2), even though he does not need to
consent if found Efficiency (AD 26), as well as if the true
straight civil marriages mandate deficient or transitive
ten for boys and Balsabah ten Girl (16), where the بالثامنة
remaining state coercion?!!
This is contrary to the four schools in the health of
coercion, and that was the first day that it is not this only
after Astimanhma to interview the Messenger of Allah ^
«pristine permission .. » [(1)] .
The contract mad, and the youngest is distinctive :
he went the majority of scholars that the marriage contract
insane and is featured each void does not meet the
agreement, because it Aataty them create a decade since
Lisa Welcome to act; because the civil-performance focus
of the actions, the mind focus of proven civil performance,
two (small Crazy) non-existent civil فيبطل their disposal.
As a small distinctive : the scholars differed as to
accept the marriage contract with distinguished himself
on a small words:
Went public to marry the boy's health wise it for
himself, because of the people of the phrase, but his
contract Reserve on vacation and Leh.
Because the force includes the face of interest, and the
boy to the lack of hopes he quit Ballho IQF, not
implemented his disposal, but depends on leave and Leh.
Valplog have no access strips of tape session.
The Shaafi'is: to the invalidity of the marriage contract
of the boy at all, netting to hold it, it is true only of a legal
act, not the people to act.
Teams and discussed evidence : quoted the
audience that indicates discrimination on the eligibility for
a boy, but not complete his eligibility into force of the
contract depends on leave and why, if he had been
authorized and Les act, held his disposal suspended.
The Shafi'i was held marriage netting have held the boy
does not understand, it is not the people of the term may
not be acting [(1)] , and this what I see راجحا which is closer
to reality and the interests of the prestigious religiously,
which Atj the e to Syrian Personal Status Law in Article
(15) :
1 is required in a civil marriage of mind and adulthood.
Which was confirmed by the Court of Cassation in
several provisions, which ماذهب him Shaafa'is to adopt his
disposal a timely manner.
But I went Article (18) of the Syrian Personal Status Law
to: «1 If the teen claimed to adulthood after completing
fifteen or adolescence After completion thirteen and a
request marriages authorized by the judge if he finds
sincerity Dawahma and the possibility of their bodies.
This means that the law has acknowledged public
opinion scholars in the passport of contract amount after
authentication of the existence of that, and this is related
to the initiation of each decade, which here in the adult
taking a tap without public opinion in the health contract
Babartha.
The second requirement: the wake Coffee in the
marriage contract
The first section: Definition Olokulhoparweitha and
conditions
Language: dependency.
And idiomatically: permission to act [(2)] .
And legitimacy of the Quran :) ژ ژ ڈ ڈ ڎ ڎ ڌ ڌ ڍ ڍ š š ک (
women: 35] Every agent who rule and sent him to the
Mission.
It year: توكيله the ^ Rafi father in accepting to marry
Ms. Maimouna [(2)] .
We must call the agency: Elmo K L and Almog agent of
the formula.
The agency Terms : direct health Almog's what's wake,
and what each agent: there Yuk's boy no agreement crazy,
punk in the marriage of his daughter positively when
Shaafa'is with the permissibility of admission, women not
valid power of attorney when the public; because they do
not He married the same not true توكيلها.
And the valid when Shaafa'is Agency in the right
guardian he may hire others to hold weddings in the right
Mawla it. And not for the Crown is Almjb t right agency
only with her permission, even though they do not begin
to act on their own in the opinion of the public without
the tap.
Required in Almog for the Queen of the client, while the
power of attorney, and acceptance of the prosecutor.
The requirement for the agency format or explicit
metaphor learning satisfaction client, with no need to
accept proxy rude, and must be the agent of his actions
in the interest of the client, and may be absolute or
restricted, and may be in return for payment or not, if the
payment for it is a contract for supplies, otherwise they
hold legal [(3)] .
Does not require a certificate or an agency in writing,
verbally true, but it is recommended certification for fear
of denial when the conflict (AD 58 the legal provisions of
the Personal Status Kadri Pasha).
Section II: somewhat Agency:
1 Agency absolute : the money stating under what
person or dowry or description, it is permissible to marry
Retainer guardian and husband when General jurists, and
may hire women at the tap and Maliki without Shaafa'is
and Hanbali for saying ^: «no marriage Elapoli a» [(1)] and
saying ^: «women married women, married women
themselves» [(2)] .
And the agent of care, not married is not efficient, if a
pair of incompetent is not valid in the doctrine public
(Alsahben and the Shafi'i and Hanbali) other than Abu
Hanifa is valid where no charge, has stipulated Maalikis
appointed her and tell her.
And guide the public to go out to the absolute
recognized, accepted and efficient, the plaudits with
them, and face the use of dealer married Efou, which
favored nuclear program.
He quoted Abu Hanifa involvement custom marry one of
the efficient and others to ease المؤنة neither bound nor
Algo release, but if you find the charge is not
implemented.
If authorized him to remarry is efficient and the
guardian was forced true when the public and correct
when Shaafa'is.
If the guardian is obliged, According to K L or authorize
it.
Flo and hired and was soon or foreign بتزويجها never Her
husband of the same is not permissible to the majority of
scholars, but in the face is more correct when Shaafa'is,
because the launch authorization requires other, and
because of interests between the parties to the contract
are different, do not need him because he can marry her
to a cousin Last, and also if the agent does not need to be
held to the same them, as the charge at the Abu Hanifa
and plaudits when Alsahben has gone Personal Status
Law Syrian in Article (25) to: «not for the judge to marry
from his guardian of himself or of its assets nor its
branches.
It is the realization of public opinion without Shaafa'is
[(1)] .
2 restricted Agency: This that assigns wife or spouse
or a description .., shall be the guardian and appointed
agent or appointed, otherwise it is not valid.
Even select his woman Her husband has بغبن walking
Jazz agreement, or obscene بغبن not permissible with
them to restrict the convention other than Abu Hanifa; for
failing to charge that he can not do without adding to his
client.
Also, if the guardian is compelled or was not the
mandate of the force According delegated or authorized.
If hired that marry her himself, scholars differed in that:
He went Hanafi, Maliki and Hanbali in the novel is
permissible, for her permission for him to marry her, he
drove Bukhari from Abdul Rahman bin Auf «he said, the
mother wise girl Garz: Otgalin order to?. She said: Yes. He
said: may I married » [(2)] was held one word; and that of
his reign proposal and acceptance Vjaz the taking for
them, and hold it found the positive from Crown true
state, and the acceptance of the people to accept the
husband, was the contract as if he found true of the two.
The Shaafi'is and Hanbali in the novel unnecessary to
step down, as well as exhale from the tap, and hold him
another cousin, because he held his authorization may
not be taking the parties to the contract.
And Abu Yusuf went to that contract with her cousin for
himself without her permission true contract suspended
on consent and acceptance [(1)] .
And went Syrian Personal Status Law in Article (8) to:
1 may be the power of attorney in the marriage contract.
2 is not the agent to marry his client himself only if so stipulated in the agency.
As observed guessed law marriages passport of the same
for permission, which is OK to view the Hanafi and Maliki
and Hanbali in the novel inadmissibility marry her himself
only with her permission.
As I went Article (9) to unnecessary compliance agent
content of the agency.
Section III: the words of the agent in the marriage
contract:
The dealer should be attributed to accept the contract
who Knapp him and Oklh not for himself.
And that requires positive guardian for the pair with his
agent, he says, the guardian: spouse daughter Jane, says
agent pair: accept to marry her to him, Flo said:. . You, the
agent said: accepted by so and so did not take place,
though he said: accepted the contract was signed by the
agent without authentic.
And if the contract was between Killeen and said Wali
agent: married Jane Flana, and the agent said the pair:
accept to marry her for so and so, right [(2)] .
The third requirement: the state in the marriage
contract
Section I: Definition of State:
Definition of the state:
Language: Alto for me: Proximity, or الدنو, rain after
rain, and collected parents.
The Guardian: is a loving friend and patron and it says:) o
ٻ ٻ the ٻ ( [Al-Baqarah: 257] .
The State: conquest and breakage of victory, and
broken Sultan [(1)] .
Idiomatically [(2)] : is the implementation of say on
others wishes of others or not.
State coercion is intended: to proceed guardian
marriage contract فينفذه the on Mtoulih without consulted
and his opinion.
There is no doubt that many hope they have their
spouse their parents with a good selection, but without
domination or coercion.
Section II: Terms of parents:
1 reason: there is no mandate for crazy and insane to
stone them and Irrelevance Ptserfathma of, nearer not
invoke his actions on Mawla them.
2 puberty : there is no mandate for a boy because it is
either distinctive or special, is not the mandate of him on
the same, it is a fortiori has the mandate to do on the
other, because the thing does not give him the losses.
3 kinship and masculinity : there must be a kinship, but
that was not close to not mandate him on the difference
in the fact that the state confined Balasbat a public
opinion, and passed on to people with wombs if female
mother when Abu Hanifa, and then transmitted to the
Governor is not a mandate for the trustees.
4 adulthood : It is how to tell the efficient and interests of
the marriage, and the condition of the Shafi'i and Hanbali
no mandate to سفيه as well as different look to the
pyramid and dementia by his inability to choose efficient,
not required by the tap, but tied him efficient and Mehr
goes, and in this reprobate lacerated who disgraced
jacket does not care Pavtdah his command, as well as the
Maalikis on condition to be of the opinion.
5 religion Union : there is no mandate for a Muslim to
non-Muslim in the doctrine of the tap, as well as not a
mandate for a non-Muslim on Muslim.
6 of justice and lack of debauchery : an interview:
«There is no marriage without the permission of the
Crown Guide» [(1)] and the reprobate did not overcome
Taath of the sins, which condition when Shaafa'is and
Hanbali and violated the Maalikis, and bound him that he
did not tap his mandate, the pair بشرطي efficiency and
Mehr Ideal jazz suspended on approval.
7 Non-Ihram : contract may not be the guardian and the
agent and the pair is forbidden when the public so as to
interview the Messenger of Allah ^: «not marry forbidden
nor marry» [(2)] , and went to tap the contract with the
Ihram passport without entering [(3)] .
The text of the Syrian Personal Status Law in Article
(22): P-1 is required to be sane adult guardian.
This article has been limited to two conditions, and
according to Article (305) to refer to the Hanafi silent
about the text is the rest of the conditions.
Section III: State coercion:
The first issue: people who prove they state coercion:
The mandate of the compulsion to prove to minors
jurists agreement. Vtelzm both:
1 insane and crazy: if there is agreement interest of
Tzoejehm the Vtelzm mandate forced them [(1)] .
It is the view of the Syrian Personal Status Law in Article
(15) P-2: the judge permission to marry crazy or insane if
it is proved the report of a panel of psychiatrists that his
marriage is useful in recovery.
Crazy incredible day only applied because Crazy
intermittent is the patient can be cured, reminders and
feminine does not signify to him, includes the text of
male and female, and the view of the law is consistent
with the opinion of Maliki and Shafi'i in the presence of
an interest in get married to his recovery.
2 small: and prove it by agreement jurists state coercion
[(2)] .
This is because it is inexpensive, and does not
understand the interest in it, may be on to marry
overriding interest, because it was narrated that Ibn
Umar son, husband, a small Fajtsamua to Zaid ibn
Thabit 3 [( فأجازه [( .
Bucking the Ibn Hazm said the invalidity of the contract for a small because it does not need him.
3 The small of the building of the differences in the force bug:
1 Tap said: The tiny bug is forcing small; for failing to act in the face of self-interest, and quoted what they said:
A saying the Almighty:) ې ې ې ې ۉ ۉ ۅ ۅ ۋ ۋ ۇٴ ۈ ۈ Z ( Divorce: 4]
and intended Ballaúa not babysit: I mean small. Making
her several street is three months [(4)] .
The reason religiously kit is marriage, this fuck passport
guide small [(2)] .
B is the marriage of the total interest for the purposes
and objectives are available only between competent,
efficient and there may not be all the time, was an
urgent need to establish the state of the Crown in her
childhood, because if he waited attainable rolls so
efficient, this contract is held Age Vtaathakq need to
demonstrate the state of the Crown [(3)] .
Ibn Hazm agreed on the permissibility of marrying
young, the need for him and وروده quoting the prophet,
God bless them.
2 And he said Maliki and Hanbali: Bug mandate of forced
virginity and micro to small, as evidenced by the pristine,
So which is found in the girl's true state [(4)] .
Maliki added that the guardian The pristine Krashidh
factor stone and fired them and they should not force [(5)] .
In the novel, when Ahmad does not compel the rational
adult virgin [(6)] .
They quoted as evidence quoted by the tap in small
consideration, including narrated by Ms. Aisha, may Allah
be pleased that the Prophet ^ married her when she was
six years old, or entered upon a girl of nine [(7)] .
They quoted the hadeeth of Ibn Abbas narrated that the
Messenger of Allah ^: «Aloam deserving herself from her
guardian and pristine permission in itself, and her
permission Samadtha» [(8)] .
They said: what the women's section two and proved
the right one, indicated his exile from the other a virgin
[(1)] .
3 Shaafa'is said: proving the mandate forced pristine
whether small or large because the bug forced virginity
they are, wherever found, forced him found [(2)] .
And in the small isn not marry her until she if a virgin,
and But if ثيبا are small and neither the mandate nor
compel them, not until she married and permission,
because that lack of well-behaved guardian بتزويجها the
then divorce her, and their evidence:
Prophet ^: «الثيب deserving herself from her guardian,
and pristine Astaznha father in the same» [(3)] .
It is intended to speak to الثيب deserving herself from
her guardian complacent, not married even pronounce
authorization, and this is contrary to Baker, Valastiman
for Bakr commanded him, but in the right delegate to
for her sake as is indicated by the concept of saying تطييبا
deserving of themselves» to Crown pristine الثيب» :^
deserving of it.
If her husband without Astimanha the true to Kamal
compassion them, and this is the meaning of state
coercion [(4)] .
And I see that the father الشفوق breeder Mr. keen on his
son does not throw it into any consumed, even if the
spirit, if the best education and feared God best to
choose a spouse and consulted with his daughter in it and
traded with her, was forced not imagine unless worsened
moral guardian or Mawla them, and when ئذ perhaps was
compelling solution in some cases.
The sails of the tap as saying that the guardian does not
have to dispose of the money pristine amounting to only
her permission, how have to give it to those who do not
want, which deviate from the rules of Islam, and the
intended contract is the regularity of interests between
the couple, and this is achieved with Nafrah, if negated
intentional Shara in it shall not be permissible, because it
does not entail contract usefulness [(1)] .
The view of the Syrian Personal Status Law those
who prove it state coercion:
The Personal Status Law Syrian not been exposed to
those found by state coercion, but said the law can
directly act, came in Article (18), then the judge for a
teenager adult and teen amounting to proceed to act .. and
came in Article ( 20) directly to the big marriage contract
is which completed the seventeenth, and this means that
without it we are not not proceed with the contract,
stated in Article (26) the requirement of proficiency in the
pair unnecessary marriage contract who begun,
indicating a lack of evidence the state forced the young
and the young is contrary to the opinion of Hanafi, Maliki,
does not prove the adult fortiori even virgins, which is
contrary to the opinion of Shafi'i, and thus the law has
canceled the mandate of coercion, not Abgaha only
slightly in the two reached the fifteenth in the male and
thirteenth in the female (M 18/1) with they they can
directly contract themselves.
Thus, the decisions of the Court of Cassation, which
emphasizes the possibility of termination of the contract
before puberty unless issued by his exceptional leave
(416 304 09/25/1958).
The second issue: coercion and parents Terms of
proven state forced them:
The scholars differed in determining who has the right
to mandate forced the words:
Tap said : Prove mandate for all العصبات of the [(2)] , and
they are: male relatives who do not between them and a
female person, and did not limit their jurisdiction to the
father, but they said:
If you pair the father or grandfather small or small,
there is no option for them after they have attained,
because they are full of opinion and abundant
compassion, they shall be the contract Bembacherthma,
as well as does not require a dowry ideals and efficient
when Imam Abu Hanifa, and went Alsahban to Astrathma
unless j conventionally bad choice.
If Zojhma is the father and grandfather of saints, each
one of them option if reached, Insha lived willing
dissolution, so the contract suspended on Ajazathma, and
must be a policeman efficiency and Mehr ideals, even if
Almzoj agent father or grandfather, and proven option to
remedy the decrease and bugs شفقتهم failure.
They quoted the following [(1)] :
Meaning:) ژ ژ ڈ ڈ ڎ ڎ ڌ ڌ š š ک ک ( women: 3 ] verse indicates
that it is permissible to marry orphan If more just
guardian in her dowry, and parents are العصبات Vthbtaat
with jurisdiction to do so.
And proves the option of puberty for young father and
grandfather; incomplete because of kinship here, and
decreases feel pity failure, and can be remedied decrease
option.
He said Maliki and Hanbali [(2)] : not prove the
mandate of coercion, but the father and the only
commandment, not to one of the Patriarchs other state
coercion, as evidenced when Hanbali governor beyond If
you find the need.
,rational as well as Fools worse to him in his money فللأب
but with the mind and the religion of the state forced small
or pristine, even without Friendship ideal, even for
someone less off them, because marriages are huge
interests, but only if efficiency when Hanbali [(1)] .
They quoted as evidence to prove the mandate of
coercion only to the father, saying ^: «and pristine she
has been consulted and authorization silence» [(2)]
indicates that the father married pristine unanimously,
and in particular so for the father of a multitude of pity
and compassion, and the guardian substitute behalf.
And said Shaafa'is: proving the state forced the
father and eldest ancestor only, without other saints,
efficiency and بشرطي marry his eldest daughter فلألب
Mehr ideals then Grandpa's when incompetence or death,
and quoted:
A saying ^ as narrated by Ibn Abbas: «الثيب deserving
herself from her guardian, and Bakr Astaznha her father
in the same and her permission Samadtha» [(3)] indicates
talk explicitly to the word on the mandate of the father
to eldest.
B that the father and grandfather with them and
immediately pity and compassion and mercy is not
when other parents [(4)] .
Discussion and editing dispute:
After viewing the views of scholars, we find that all the
scholars unanimously agree on the proven state coercion
to the father, therefore: the said certified the state has a
keen and reserves for the benefit of Mawla them, even if
it cost him a lot of money to marry his sons, and if not
accompanied by injustice and injustice is more for the
benefit of those .
The view of the Syrian Personal Status Law in the state
of coercion:
Law went in Article (18/2) If the guardian is the father or
grandfather of conditional approval.
In this reference to the need their agreement without
the signal also to Mllekema mandate forced on ,سواهما
condition efficiency (AD 26) and Mehr ideals (305).
The third issue: the order of saints when the tap:
Arranges parents in the state of marriage when the tap
Ktertibam in inheritance [(1)] :
1 - whatever wn and son incredibly المعتوهة.
2 - then the father and grandfather no matter how high.
3 - full brother and brother, father, sister and nephew,
and nephew father.
4 - Uncle brother, father and uncle and their children,
brother, cousin and cousin of the father and this is when
Abu Hanifa.
Either when Alsahben the grandfather and brother are
those two equal in comparison one degree; because of
the origins that Brother crowds and prove the state in the
strongest Valoqoy order.
If not then those they prove with wombs at Abu Hanifa,
unlike the Sahben endures to the governor after them
directly [(2)] , and for saying ^ narrated Sayeda Aisha:
«Sultan guardian of the Crown has not» [(3)] .
The fourth issue: Types of saints at the tap:
Patriarchs degrees first of them: the guardian known
goodness and piety and مواظبته on worship and avoided
for transgressions is المنهمك in the desires and pleasures
is the crown accept marry if بغبن obscene or otherwise
incompetent when Imam without Alsahben must be
efficient and Mehr goes, and this difference at the tap in
the father and grandfather.
And the guardian of the hidden as well as accept to
marry.
The guardian known bad choice lacerated reprobate fall
down its mandate and no marriages, if her husband is
true but could revoked [(1)] .
Section IV: State selection in the marriage contract:
It is either the mandate of the scar and mustahabb
either mandate of the company:
The mandate of the scar and mustahabb: they state the
amount of free rational firstborn was or ثيبا if she agrees.
The mandate of the company is the state Mawla upon
with Mawla him satisfaction.
Views of jurists in the state of choice:
Jurists in that split into two sections: The majority of
scholars, Imam Muhammad from the tap to it the
mandate of the company, it must of guardian
subscription with-الثيب woman in order to marry her, and
Uagahm Abu Yousef in the words of his last [(2)] , there is a
lesson to be held because the guardian corner in the
contract.
Abu Haneefah and exhale and Abu Yusuf in saying first
that they mandate of the scar and mustahabb, as he
went tap that for women free adult wise to marry
themselves alone without her guardian, who wanted, and
both married the same competent or incompetent dowry
ideals or not, but that married same incompetent Vllolia
the veto unless shows حبلها, fatwa not permissible
because it can not be remedied, as well as if married
itself without the ideals Vllolia Mehr veto at the Abu
Hanifa to complete the dowry, unlike his two companions.
It is advisable to consult their respective guardian, for scars and selection, and it makes a marriage contract even indescribable women out of general custom, so named after the mandate of choice.
Evidence and discussion:
Tap protested from the Koran, saying the Almighty:)
eBay dd dd Ij Ih Im eBay eBay pages ( [Al-Baqarah: 230]
because the prompt discourse requires a woman to
imagine the establishment of the marriage contract which
[(1)] .
It is the Sunnah of the Prophet:
Saying ^: «Aloam deserving herself from her guardian,
and pristine permission in itself and her permission
Samadtha» [(2)] .
He ordered amounting up to her marriage, and if this
right for her guardian is also such as participation of the
opinion.
And Aloam: the name of the woman who has no husband firstborn was or ثيبا.
If daughter الثيب the husband without her permission marriage is void, and their evidence Aj from Ibn Abbas that the Messenger of Allah ^: «not for the Crown with is» [(3)] . Because Khansa girl Khmam Ansariyeh الثيبrecounted her husband that her father is فكرهت ثيب missed the Messenger of Allah ^. Individual to marry her
[(4)] , but it is rational and scientist بالمقصود of marriage.
He quoted the public, saying the Almighty :) o ٻ the (
[Nur: 32] and says: ) ڌ ڍ ڍ ڇ ڇ ( cow: 221] فنسب of the
contract to the parents, saying ^ «no marriage without
poly» [(1)] and saying ^: «women are married women, and
married to the same woman, the harlot is married itself»
[(2)] This clearly shows that the guardian is Aaked marry
her, saying ^: «she has been consulted pristine and her
permission silence» [(3)] bears the scars they have not
exercised men بالوطء, they are very modesty [(4)] .
And prove the mandate of choice ثيب adult, it is not for her guardian has the right to force her to marry, but to be approval and satisfaction that it creates so called contract they have the mandate of the company, to talk «Aloam the deserving themselves».
And to authorize them considerable either acquiescence
dal on approval بالقرائن the obvious phenomenon of
modesty and timidity without reluctance and symptoms
of, or frankly as saying in admissions, but that explicitly
responded by saying or Baaradha and Nfrtha.
And a considerable silence for Bakr acceptance and
response, and the الثيب must be explicitly acceptance
Blfezha or doing and symptoms.
Replace proven state selection [(5)] :
Maalikis and Shaafa'is to prove the state ثيب adult
choice, it is not for her guardian has the right to force her
to marry, but to be approval and satisfaction that is
creates a contract.
Abu Hanifa and went to prove the mandate of choice for
adult girl, also owns her own marriage contract provided
efficiency and Mehr ideals, the firstborn was or ثيبا with scar
consult her guardian.
Parents in the state of the company and check:
Said Faucet, Maalikis: The parents are العصبات, and
arrange by inheritance, and if you do not there عاصب
moved the state for people with wombs when the Abu
Hanifa endures the state has each close to inherit and
then moved to the Governor.
The public and them Alsahban: It has been said that
parents are العصبات, then the governor, and said
Shaafa'is: do not move to the governor only with her
permission.
Branch V: ماذهب of the personal status law in
determining the saints:
I went Article (21) thereof to: the guardian in marriage
is a league by himself on the order of inheritance,
provided that the taboo.
This mediate the saints designated by the sex of
filiation and paternity and a protection money and uncles
without sons, uncles, because these are the incest.
General jurists have gone to that parents are العصبات
which includes cousin, and approved the doctrine of
public law at the failure to extend the saints for people
with wombs and confined to العصبات of.
And transfer to state law Judge after العصبات of a cult
audience.
And went Syrian Personal Status Law in Article (22/2)
that: If ripen and Lien in the proximity So which took
marry Jazz Bashraúth.
This is the view of the tap, the former means providing
them, otherwise if ignorance invalidated all.
Section V: Absence Guardian:
Hanafi and Hanbali said [(1)] : If you missed the guardian
closest to the absence of an unbroken too inefficient and
did not appoint بتزويجها Jazz farther to marry her, because
this state to prove because of the orphan to need them.
Exhale said: Do not marry her one missed closest
guardian until it reaches, because his list really prove to
him for nearly maintenance, does not invalidate.
And said Shaafa'is: If you missed the guardian
orthopedist distance acces grate, marry her if the ruling
was extremely sane or insane, but if it is very small, not
until she married [(1)] .
And went Syrian Personal Status Law in Article (23): If
you missed the closest guardian, the judge felt that
waiting for his opinion too interest in marriage, moved
the state to those who followed.
And يستبين application of the law and the Court of
Cassation to Hanafi and Hanbali.
And notes that Article (24) Reliable judge made the
state when there is no guardian, he stated: «Judge Crown
does not crown him.
Section VI: Muscle Women [(2)] :
Muscle definition language and idiomatically [(3)] :
Language: Oadil command: intensified Astglq the,
Oadil the women Aadilha and Adilha and Muscle: Tight
and prevent unjustly marry.
Idiomatically: is to prevent women of marriages
Bkiviha if so requested and wished each and every one of
them in its owner .
And it says:) ڌڌڎڎڈڈژژڑ the š ( [Al-Baqarah: 232] . To say
heartland ibn Yasar: «married a sister to me from a man
who divorced her, even if expired promised came
proposes marriage to her, and I said to him: your spouse
and فرشتك and Okrmtk, divorced her and then I came
not God, not back to you all, and was a man of ,تخطبها
quite a bit, and the women want to go back to him , Allah
revealed this verse:) ژ ڈ (I said: Now I do, O Messenger of
Allah said: Her husband him » [(1)] .
That went public jurists, including narrated from Imam
Ahmad to the state's transition to a judge, in the novel
again Imam Ahmad Rgehha the state الخرقي transmitted
to the outermost guardian.
Section VII: Women words decade [(2)] :
Tap went to the contract-wise woman words Free,
quoted by saying says:) ڭ of the ۋ ۋ ۇٴ ۈ ۈ ۆ ۆ ۇ ۇ ڭ ( [parties:
50] verse noble text on the married women words.
It is Sunnah saying ^: «Aloam deserving herself from
her guardian, and pristine permission in itself, and her
permission Samadtha» [(3)] , and Aloam: is the woman who
has no husband virgin or ثيبا .. This modern stating that
marriage is the amount of up to her, and if her guardian
this right is also such as the participation of the opinion.
It is reasonable: that while married women herself
after reaching for he Kamal mind becomes guardian of
itself, Kabba wise if reached, and the Lord of the verses in
saints بالنكاح speech is on the Arabs and people usually
give parents the marriage contract.
2 and went public jurists Amalikihwalhafieh and Hanbali
that for the marriage ايصح but Polly, and does not have a
woman to marry herself or others.
They quoted from the Koran, saying the Almighty) ژ ڈ (
[Al-Baqarah: 232] is hereby declare evidence as guardian,
otherwise there is no meaning for muscle if the
complexity Babartha, as the context of the verse:) ڈ ڎ ڎ ڌ ڌ
ژ ژ ڈ š š ک ک ک ک ( [ Baqarah: 232] Allah forbade parents
prevent women married when they reach the term,
Without the mandate for the man in the contract what
true muscle and prevention of marriage.
The Year: Fastdloa from year including Abu Huraira
narrated that the Prophet ^: «women do not marry
women do not marry the same woman» [(1)] , not befitting
Bmhacn the independence of contract habits.
Word Tap: that the discourse Balankah but is, according
to habit and custom carries the scars and mustahabb and
not Alanm and positive, and the evidence for that is Male
Almighty:) پ پ ٻ ٻ ٻ ٻ ٱ ( [Nur: 32] was not righteous
requirement of the passport.
Which checks that the woman does not proceed in our
marriage contract itself except in rare.
:the Syrian Personal Status Law ماذهب
Gold Syrian Personal Status Law in Article (16) that:
«complement a civil marriage in the boy as of the
eighteenth and the girl as of the age of seventeen.
He took the doctrine of the tap in validity of the
contract words of women and Bembachertha itself but
okay the view of the Personal Status Law Syrian terms of
Article
(20): «large completed seventeen, if she wants to marry,
requested by the judge of the guardian's statement of
opinion within a period specified by him, if did not object,
or if the objection is meritorious, authorizing judge her
marriage on condition of efficiency.
This girl is required to take the permission of her
guardian and his statement during the period specified by
the judge before you submit the marriage contract and
then to oppose it.
Section IV : assume the parties to the marriage contract [(1)]
The first requirement: take over one or both parties to
the contract or State agency
Went to the public health agency and the state of the
two sides and overturned Shafei and exhale everyone
unless necessary كالجد the Shafei it was limited, as
unnecessary as well as the agent.
The ancients argued that the words of the one in the
marriage contract serves as Monday, because the
subsequent leave as previous agency.
The second requirement: a busybody
It is to hold someone for someone on a woman in the
presence of witnesses without their permission, or the
permission of one of them whatsoever, the parties to the
contract: a valid contract Reserve in the opinion of Abu
Yusuf, Abu Hanifa and Mohammed, Maalikis and Shaafa'is
void.
And went to tap it if took Vdolian contract True
mawqoof.
The Maalikis to that if the contract just curious about
the husband or guardian is the wife of orthopedists only,
without her permission, it is true that authorized by,
without authorization will be delayed for a day in the
country.
The Shaafa'is and Hanbalis Phipptalon the Ts t P never
busybody.
The argument of those who say that the issuance of the
contract from his family and in his place, and Damages in
the event.
The argument of the tap in the permissibility of curious
that the contract takes place at the right contractors and
attached Bajazatehma to prove leave the previous
decade rule [(1)] .
And argument that it is not permissible to the marriage
contract and one of the words the two sides only need as
seriously.
He went Syrian Personal Status Law Article (9) that:
«If the agent exceeds the limits of his agency was held as
a busybody suspended contract on leave.
It is clear to go to law doctrine of correctors to hold a
busybody, and several detainees to leave, as he went tap
and Maalikis.
Section V: Terms of unnecessary marriage contract
The first requirement: the option of puberty and recovery
The labia for both spouses or المجنونين the right to terminate the contract spend if Zojhma is not the father and grandfather at puberty or awaken from the madness.
And went public that is the guardian orthopedist has no mandate at all on marriages small and pristine, but the authorization after puberty [(2)] .
The second requirement: the corruption in the marriage
contract
We must ensure a balance between the rights and
obligations between the spouses that accompanied the
contract is no unfairness or deception or fraud
descriptions of the other, but the contract was subject to
revocation.
Sections lured: تغرير of several sections, some of
which are required by the contract at the heart of Wegger
existence of virginity, youth and beauty, lineage and left,
integrity and character, and some are not required by,
but thought he was.
The views of scholars:
Tap said: Fat Description contrast the legate This
increase the increase, k a n yt her husband more than
like her as a dowry Bakr Fbant St. ثيبا did not answer the
increase.
It also went to that if she married that favor of Magna
Fban or addicted father was valid it may option when Abu
Hanifa; because Lecher not longer efficient for Justice.
And Alsahban separation that if فسقه pleased to have
no choice, but that was بفسقه مجاهرا and drink schnapps it
may option, and have Mehr goes after entry.
The Shaafi'is into two views أصحهما: health, II: invalidate
the contract.
And say Sticky health of choice, and to say invalidity of
the dowry hometown before entering, and after entering
must Mehr ideals or maintenance or accommodation if it
is not pregnant, though pregnant Valenvqh to become
pregnant in the most correct.
Not uppity due to guar as favored-Sherbini, and nuclear
likely to return uppity on the Laurel is the world including
Gore, but did not return.
Went the Personal Status Law Syrian Article (32): To be
considered lured from her husband in efficiency without
other descriptions The text: «if it is stipulated efficiency
while the contract or told the pair that inept, and then
show that incompetent, he was both guardian and wife
asked terminate the contract.
The notice is not considered lured by the wife, and was
the first to treat all uppity and descriptions as well as by
wife كالزوج.
The third requirement: the rational adult married without Çáß categories
The girl very rational marriage contract at the tap itself
and Babartha with the possibility of direct guardian of the
contract scar tissue and a choice at the tap, and the
company when the public also passed but it may not be
the husband efficient for this girl, and here the parents
the right to object because it can not enter them do not
want entering the family, and this is also noticed if her
guardian, but that was not her guardian contract properly
for the required; because the face of the lack of
necessary lift the damage of the Patriarchs in the
absence of parents, have chosen is dropping right [(1)] .
The definition of efficiency:
Sharia: equality between spouses in specific things,
which requires or not disgrace, Vdhabtha: equality of the
husband to the wife in the perfect or decrease, except in
respect of defects Just come [(2)] .
Scholars in the requirement of efficiency and their
evidence:
First: most scholars went to the requirement of
proficiency in the marriage contract, although they
differed in determining the elements and characteristics,
and they said: to be a pair of to be equivalent to the wife,
and quoted the so Mouncol the evidence and reasonable.
^ Saying: 'O' Ali, three taken into t ha: If prayer and
funeral came if I attended Aloam the If you find her as
Vaa » [(3)] .
2 reasonable: The ten time and stability between the
couple and the interests of marital depends to a large
extent on the equality husband to wife [(4)] .
Second: Revolutionary and went, Hasan al-Basri, al-
Karkhi of the tap: that efficiency is not a requirement
originally Muslims and Muslim Okvia to each other [(1)] .
They quoted:
1 verse:) ڌ ڌ ڍ ڍ ڇ ( cabins: 13] lesson in dignity in this
world and the Hereafter for piety and by.
2 of the Prophet ^ that the father of India's husband, a
cupper Girl of brown Bayaadah said «my son laying أنكحوا
father India and أنكحوا, it» [(2)] . The interview: «to the best
of Arabic on outlandish .... But piety » [(3)] .
Identify the elements of efficiency:
Scholars differed as to identify the elements of
efficiency, went to it: religion and descent, money and
craft [(4)] .
And Maalikis: religiosity and safety of defects, while
other similar conditions Vtndb the only [(5)] .
And the Shaafa'is: religion, chastity and ratios and
craft and safety of the option of fixing defects, and
correct to the left is a considerable [(6)] .
Here, we note all of their agreement on the grounds of
religion, and the public except Maaliki on as ratios and
craft, and deal Maalikis and Shaafa'is on the grounds of
safety defects, and agreed Hanafi and Hanbali money.
The views of scholars in the elements of efficiency:
1 piety and chastity: unanimously agreed that the
religious requirement in efficiency except Muhammad ibn
al-Hasan, because this trait of the highest qualities that
reflected their effects on the whole family.
It is not the ungodly and reprobate as Vaa for chaste or
valid whether declaring فسقه or unspoken, because
different behavior leads to variation in the methods of
education and upbringing of children in contravention of
the behavior of the ungodly, and his actions God has
said:) ÿ ÿ ۇ ڭ ڭ ڭ ے� ے� ( [prostration: 18] ^ said: «If you
speeches whose religious commitment and character
but do not sedition in the land and a broad فزوجوه
corruption» [(1)] .
Mohammed said: are not considered a religion if only slaps and make fun of him or go out to the markets pissed [(2)] , and likely group of Maalikis, dissolution of marriage womanizer [(3)] .
Which swing the most important thing in a marriage of co-existence, and this is done only by creating and chastity and devout piety .. The other pays for maintenance, care and concern for him, and I am
therefore most likely dissolution of marriage reprobate, as he went to some of Maalikis.
2 Islam: What is meant here parents and grandparents Islam is not Islam a couple, and this is Non-Arabs because their customs require boasting precedence and seniority, and tap himself does not see it exists today.
3 ratios: went public to be considered in efficiency
ratios without Maalikis, and the right to be considered as
percentages without religiosity farther from the purposes
of marriage and the law in equity and trade-offs in piety.
4 Money : It is intended spouse's ability to dowry,
alimony, and this is the view of Abu Yusuf from the tap
and set some alimony month.
The condition left in efficiency and Mohammed Abu
Hanifa In when Shaafa'is and Hanbali.
He did not stipulate the left in correct when Maalikis
and Shafi'i, because the money Gadd and segments, and
proud people المروءات and Insights [(1)] , which is the
correct view, because km from poor become rich, and
how much of the rich become poor, ask God Almighty
wellness.
5 craft : stipulated that the public is Maaliki craft
qualities efficiency, because it is not a description of the
required perfection فأشبه disease and wellness.
6 safety of the option of fixing defects in the
marriage.
And went Syrian Personal Status Law in Article
(28): «lesson in efficiency to the country's custom. The
Court of Cassation said: a lesson in efficiency for custom
country and appreciation back to the trial judge (St. 326
325 11/19/1956).
His right to efficiency:
The efficiency in the part of the husband, they are right
to wife and أوليائها, because women and أولياءها the Ataeron
married is lower than It Aakavaha, The no Ataar man to
be beneath from Tavah.
The text of the Syrian Personal Status Law in Article
(29) on the following: efficient private right of women and
guardian. Under the Court of Cassation, said: scholars
agree that efficiency but require for the benefit of women
not in the interest of the man (St. 217 383 05/15/1977).
As well as Article (27) states that the guardian has the
right to intervene to request termination of the contract if
you do not pair efficient, which reads: «If married large
itself of non-approval of the guardian, the husband was
efficient necessary contract, but Vllola request annulment
of the marriage».
Conditioning efficiency as a health condition or
unnecessary?:
Went public that the efficiency requirement to zoom
in on the marriage contract.
In the novel, from the tap, and when Shaafa'is and
narrated from Imam Ahmad: efficiency requirement for
the health of the marriage contract.
If married women from the marriage is void inept or
corrupt; because of inefficient marriages inflict shame
women and أوليائها, nor Mehr have dispersed guardian,
even if he divorced her husband before entering it may
half named [(1)] .
Ancients quoted as evidence for that is as follows:
1 that the Prophet ^ Fatima bint Qays order to marry
Osama bin Zeid, Venkanh of [(2)] , and Fatima Qrchih,
Osama freed slave of the Prophet ^.
2 that Illaah of girl Zubair bin Abdul Muttalib was under
Miqdad ibn al-Aswad The Qrchih and Miqdad not Baqrhi
[(3)] .
Accordingly, the married women of inefficient consent
and satisfaction of other saints true marriage, has really
left them, and that was the shortage wife and أوليائها the
like may Sales defect.
Similarly, if married are inefficient is the satisfaction of
parents have had the right of rescission that annulment
must be by virtue of a judge at the request of a spouse or
guardian [(4)] .
He went Syrian Personal Status Law in Article (26) to
the view of the public, which reads: «unnecessary
required in the marriage to be a man competent for
women».
With this law to resolve differences as efficiency
requirement of unnecessary health, which that I see راجحا
the lamb for a Muslim to righteousness as possible.
Time objection right of efficiency:
Shafi'i and Hanbali agreed: that the right to object to
the lack of efficiency only at the beginning of the
contract, if still efficiency after that there is a right for
parents to object.
Maliki said: parents have the right to object unless the
husband comes in with his wife, the income fell right
contract is not annulled the contract.
When the tap: in the novel that the efficiency of the
health condition in the marriage contract, the contract is
invalid originally If married same inefficient.
The second novel that requirement unnecessary
efficiency remains a veto to the women to give birth, or
carry, if silent guardian even born then objected there is a
lesson for complaining [(1)] .
Was approved by the law, this second novel at the tap,
and I see this Average between the opinion of Health and
opinion necessary in terms of attention to the existence
of efficiency if given the guardian this time it is not quite
some to consider the existence of efficient or not, where
Article (30 ) states that: «The right annulment of
incompetence if pregnant women.
It also approved the law public opinion at a time when
significant the presence of efficiency which is when the
contract, as perhaps married person is incompetent, then
still the efficiency of the viewer what, this consideration
when hiring only the stability of the family, only to hit
families of the disorder severe at every emergency, and
Article ( 31) on the following: «take into account the
efficiency when the contract does not affect its demise
after him.
Section VI : administrative transactions marriage The first requirement: the legal texts in the administrative transactions marriage
A transaction that precedes the contract:
Article 40 1 The application for marriage to judge the region with the following documents:
Certificate from the mayor and officers of the camp on behalf of all of the fiancé and fiancée, age and place of residence and the name and why it does not prevent this marriage a legitimate blocker.
A certified copy is in the hearts of the two parties and personal أحوالهما.
A certificate from a doctor chosen by the parties Bkhaloheme of communicable diseases and health
barriers to marriage, and validation of the judge by the doctor of his choice.
B marriage license to the military and to those who are in the age of compulsory military service.
C PSD approval if one of the spouses is a foreigner.
2 may not be installed marriages held outside the court only after the completion of these actions as if he was born or carry visible, proves to marry without these actions, it does not prevent the rhythm of legal punishment.
Article 41 authorizes the judge to conduct contract immediately after the completion of these documents, and has when suspected delayed announcing a period of ten days and the judge chooses the way the ad.
Article 42 If the contract has not been six months longer permission canceled.
B coefficients contract:
Article 43 The judge or authorize him to court assistants perform the contract.
Article 44 must include the instrument Marriage:
A full names of the parties and their respective home.
B of the contract, and date and place.
C names of witnesses and agents complete and the home of all of them.
D the amount of the deferred mahr and Is Accelerated arrested or not.
His signature and authorized stakeholders and the ratification of the judge.
Article 45 (as amended by Article 3 of Law 34 Ta 12/31/1975):
1) scores Assistant marriage in proprioceptive record and send in with him to the Department of Civil Status within ten days from the date of the marriage.
2) sings this image tell the parties Department of Civil Status Marriage, Assistant shall be liable for negligence send the image.
3) apply the same method in the registration of judgments installed marriage, divorce, birth and the death of the missing and the Secretary of note that civil registry in propria records without the need for any further action.
Article 46 marriages transactions are exempt from all
fees.
The second requirement: legal materials relating to the conduct of the marriage contract of the Penal Code and the service of science and customary marriages and contract transactions
This research followed some of the material necessary legal and necessary to complete this research, which should know, namely:
Section I: a marriage contract and the Revised Penal
Code:
Article (469): If you hold a clergy marriage of a minor is not the age of eighteen without logging in satisfaction of the decade has jurisdiction over the minor or be replaced by the permission of the judge shall be liable to a fine of one hundred to two hundred and fifty pounds.
Article (470): worth the same penalty cleric who holds a marriage before it is ads and other transactions that are prescribed by law or personal status or marriage takes a woman before the expiration promised.
Article (471): a legally married with his knowledge of the invalidity of his marriage because of a previous marriage was punished by imprisonment of one month to one year.
B is targeted for death itself cleric, who is a marriage contract with the knowledge mentioned previous marital Association.
Article (472): down the status of the clergy for the application of the preceding provisions contractors and their representatives and witnesses who attended the marriage as such.
Accordingly, I say: that the marriage contract in Islamic law is not a contract formality although it is stipulated that witnesses understand the conditions of validity is not holding, which swing to attend a forensic science (not the cleric is a label is not accurate) contracts good thing to remind contractors and witness the importance of this Charter, the great ) ٺ ٺ ٺ ڀٺ ڀ ڀ ڀ پ پ پ پ ٻ ٻ ٻ ٻ ٱ
ڦ ڤ ڤ ڤ ڤ ٹ ٹ ٹ ٹ ٿ ٿ ٿ ٿ ( [Women: 2021] In order to
the provisions of the contracts, should not one االستمساكthat violates the law, including a man of science legitimate, especially to know that no medical risk in this decade one of the contractors [(1)] .
Section II: a marriage contract and the law of military
service:
Article 1 (84): Do not allow the marriage of military service will cost only if the registration of the marriage contract with Civil Affairs departments before six months from the date of entry age commissioning.
The holders of their marriage are not allowed except in the following cases:
A. If exempted from military service.
If you have completed a period of compulsory service.
C If you paid cash allowance.
D if they are students of higher achievement.
E if they deferred their market for legal reasons.
If ever to postpone their service for health reasons, for
three consecutive years.
G if Asthsaloa on the marriage license to the presence
of moral exceptional circumstances force them installed
for marriage.
- Required to give permits marriage of taxpayers
mentioned in paragraphs (d, e, f, g) of this Article shall
provide to ensure legal two thousand Syrian pounds
insurance dependency caused by this marriage, and in
this case does not shift dependency without market-
designate of the performance of the service.
- Marriage licenses are given by the competent departments
recruitment does not allow the courts to undertake a
legitimate marriage contracts covered by the provisions of
this article, nor to the civil status departments to record
these contracts only on the basis of the license mentioned
in this article.
Section III: Making the marriage contract and the Civil
Status Law modified:
Article (39): send the competent authority, which was
held marriage or sentenced divorce to the Secretary of
the Civil Registry in the place where the contract or the
issuance of the judgment within the time limit provided
for in Article (22) three copies of the marriage contract or
paragraph wisdom, under penalty of a fine of Twenty-five
pounds.
If the defaulting employees it one of the sanctions
imposed by the competent attributed to light, and the
registrar identify the competent civil marriage and
divorce in the civil registry Upon receipt of the copies
mentioned [(1)] .
The Fourth Branch: customary marriage contract
transactions:
A «marriage contract updated for some conditions
without documentation << Most of customary marriages
did not agree with the terms legitimacy بانتفاء the
guardian, witnesses and dowry, and if you find all of
these remains the lack of documentation of the most
important advantage of him, putting women's rights for
the loss, which is a form of illegal connections If negated
guardian witnesses [(2)] .
Chapter III effects of marriage
The first topic : the rights of spouses.
The second topic : emergency descriptions or
comparison of the marriage contract.
The third topic : the provisions of the dowry.
Section IV : spousal support.
Section V : conditions in the marriage contract.
The first topic : the rights of spouses
The first requirement: common rights between spouses
1 The right to enjoy (enjoy the solution):
Each of the spouses to enjoy the other within the limits
prescribed by God, and every one of them to meet the
desire of the other taking into account the requirements
that and etiquette, said the Messenger of Allah ^: «O
Abdullah pain Tell you fast for the day and the night, I
said: Yes, O Messenger of Allah. He said: She does not do,
deaf and fast, and and sleep, the body you really and if
you really eye and that your husband you really » [(1)] .
And the Messenger of Allah ^: «If you let the man his
wife to his bed and did not Tath, shreds, angry with her,
the angels curse her until» [(2)] .
2 Hassan cohabitation:
Each of the other spouse to be treated well treated
good grown friendliness and compassion and love and
compassion and kindness, in the same each other with
tolerance and cooperation to do good and ward off harm
and what they entail about dimension discord,
disagreement and conflict .. In compliance with the
verse:) ۉ ۉ ( women: 19] .
And advises the husband and wife pair are advised his
wife to commit to obey God, was quoted as Ancestors
that the wife was telling her husband: (beware and
Sacred win I endure hunger and endure the fire) [(3)] .
It is a good cooperation in the construction of ten family
and care for children and the sense of shared
responsibility, he said the Messenger of Allah ^: «and
men in his family and his shepherd and is responsible for
his flock, and the woman is the shepherd of her
husband's house and is responsible for her flock» [(1)] .
It is a good ten: keeping secrets and not to mention the
other bad, and that saves between spouses do not
disclose it to a whatever would, he said ^: «It is a evil
people when God status doomsday man leads to his wife,
and lead to it, and publish its secret» [(2)] .
3 sanctity intermarriage.
4 inheritance.
5 ratios.
6 interest between spouses to avoid turning the heart of
one of the other [(3)] .
The second requirement: the wife's rights
1 dowry:
Is money to be the husband of the wife in the marriage
contract in honor and revered, a gift also said the Koran
as a bee, and the bee is a gift, as opposed to those who
say that it is not بنحلة, but versus benefit, as this opinion
is contrary to the explicit verse) ە\ ە\ ڻ À ( [women : 4] and
the benefit of women offset by the benefit of the man
was a pure gift pony, and bearing verses contained in
conformity with this verse and it is possible, and the
explanation of stewardship as to the cause of spending,
spending a comprehensive and other dowry. .
2 Alimony:
It is the right of the wife to the husband the right to
prove her contract, which is inclusive of what you need
from housing and food and clothing and that the service
was a need for service [(1)] .
saying ^: «Take what is sufficient for you and your child
Virtue» [(2)] .
3 good treatment of the husband to the wife:
saying : «The best kind to his wife and I'm kind to my
family» [(3)] . It includes the following:
1) expansion of alimony: ^ saying: «If a tunnel to a
Muslim on his family's expense, a Ihzbha was his charity»
[(4)] .
2) consult with the wife in matters of family and home
from home to the Educational Management boys and
Tencothm the to Tzoejehm ..
He said ^: «ordered to women in their daughters» [(5)] ie:
A_i_irōhn.
.the women and Mlateftha ممازحة (3
4) turning a blind eye to some of the mistakes if they are
few and many merit, he said ^: «Do not rubbed locked
locked hating them created pleased with him last» [(6)] and
rubbed hates sense.
5) Help wife: so that man is assisted by women in the
work of the House, especially when the need for it as a
time of the disease and the large number of businesses,
as was the Apostle ^ do have Ms. Aisha when she was
asked what the prophet was made at home?
She said: «The peace and blessings be in the profession of
his family, if he heard Azan out» [(1)] .
4 Justice in the transaction when polygamy
5 spouse protection and protection of disobedience to
God [2] .
And so that Ihsnha as تحصنه not hanging Ivrha but
intercourse meets شهوتها and waiting for her judgment,
said Ali, may Allah be pleased with him in the
interpretation of the verse: Teach them Adbohem the [(3)] .
6 jealous wife:
So that saves wife in her religion and viewed from a
look or a word or touching. . , Faomrha the veil and robes
when out of her, regardless sight and not to express their
adornment except to their husbands and female kin [(4)] .
The third requirement: husband's rights
1 right obedience:
If the marriage contract has been true the wife must obey her husband in absolute obedience is no sin.
Although this is the nature of man and physical
formative granted this right, although the wife of
copyright sound more happy her achieved Bergolth the
husband and gone as well. . As long as not abusing this
right.
God has said, explaining that:) o ٻ the ڀ پ پ پ پ ٻ ٻ ٻ
ٹ ٿ ٿ ٿ ٿ ٺ ٺ ٺٺ ڀ ڀ ڀ ( women: 34] .
^ Said: «If a woman a fifth, months and silent, and kept
her vagina, and obeyed her husband, said to her: Enter
Paradise from any of the gates of Paradise you wish» [(1)] .
^ Said: 'Any woman died and her husband reported
satisfied entered Paradise » [(2)] .
^ Said: «which is the same Mohammed in his hand does
not lead women the right of her Lord to lead her
husband's right» [(3)] .
Although this is the right of obedience to the husband
to the wife is not about money are only Her wife disposed
of without the other and without interference as long as
the pair Rashida very discreet, and limited the right of
obedience to everything related to married life [(4)] .
The wife's obedience to her husband brings the spirit of
love and affection between husband and wife, and T.
depth of the links a roll and affection in the family avoid
controversy spirit and stubbornness that leads to discord
which is not pleasing to God [(5)] .
2 decision in the marital home:
If the marriage contract valid and invited them to the
marital home she has his answer and stability in the
marital home, which the board pair housing for them, but
if there is justification for the exits, and was legitimately
there is nothing wrong get out, if you visit her parents, it
may so every Friday once her visit male relative. . If I
need a her parents who Atabbh the disease if not his one
Amrdah was obligatory for her care and go out for it.
Does he have prevented it?.
Shaafi'is to the pair he hates prevent it from her
father's clinic if it heavier disease, as well as the presence
of his death; Because prevent it leads to and tempted
Balakouk the aversion [(1)] and went to tap that if
prevented it out without his permission [(2)] .
3 spouse, children care and home affairs:
The service is obligatory for her house, but you do
volunteer, and if those who serve or who her family was
required serving the husband to approach her designated
served by the server and on the performance of their
duty [(3)] , and each as the Apostle said ^: «the woman of
the shepherd of her husband's house and is responsible
for her flock» [(4)] .
4 washing of menstruation and mortality.
5 Right Hand, advice and guidance.
It is right and forbidding, guidance and discipline [(5)] ,
and Dalila from the Koran: ) ڀ ڀ ڀ ڀ پ پ پ پ ٻ ٻ ٻ ٻ ٱ
چ ڃ ڃ ڃ ڄ ڄ ڄ ڄ ڦ ڦڦ ڦ ڤ ڤ ڤ ڤ ٹ ٹ ٹٹ ٿ ٿ ٿ ٿ ٺ ٺ ٺ
چ چ ( women: 34] [(6)] . Faaz pair of his wife Lin manner in
which love and affection.
If repeated preaching did not respond to go to quarrel
and abandonment in the marital home, that attaches to
the back if they were on one bed, or on a bed or in a closet
again, this is the second treatment of recalcitrant women
that deficit with preaching and guidance [(1)] .
If the pair had a deficit then be transmitted to other
means. This method is a beating, which is the last means
of discipline at the inability of the two means before, do
not resort to it only after the use of the first two means.
The beating is not absolute, but specific: that image
beatings and similar , and that means no discipline and
not يوالي the strikes on the place and one, regurgitated the
face of the complex beauties and harmful places without
a whip or a stick, so that it is simple does not break
lightly n d Ba or unusual impact, and that he thinks it
most likely get discipline do not increase discord.
Although this multiplication is best left as people cram
qualms about the use of this method accusing themselves
of dereliction of the rights of the wife and that following the
example of the Messenger of Allah ^, narrated عائش the e:
«hit the Messenger of Allah ^ his servant, nor a woman,
nor his hand hit something » [(2)] .
The ^ beatings said: «do not find those your choice» [(3)]
.
This is to prevent the Penal Code never beaten (m 185
m 540 penalties), which is a restrict permissible
necessity.
If the pair exceeds the legitimate right border and
abused use, Vllzojh raise her the judge Faezrh the
including Azgerh on it, and her divorce to damage when
other [(4)] , it is an exceptional therapeutic haram originally
when some licenses need not pray, does not reach the
general public, but for the common folk should not reach
the admonition ... How otherwise?! It is no doubt the most
successful of the divorce, but the pair detriments reward is
Hell and evil decision.
6 travel the wife.
7 maintain the honor and wealth.
8 concern for the dignity of the husband and his
feelings.
9 righteousness of the husband's family.
The second topic : emergency descriptions or comparison to the marriage contract and its implications [(1)]
The contract Arcana and conditions should exist for
marriage in session is held true force required, the whole
produces its effects and is not void, but this start by
showing the correct contract in force and is too big, then
suspended, then rotten decade and finally falsehood.
The first requirement: the right contract and effects of force necessary [(2)] :
A decade, which entail its effects by non-stop on a
vacation, and its effects are:
1 - Intercourse between spouses solution only if menstruating or bleeding and zihaar by penance, and has claim بالوطء and her.
2 - Look and touch solution in life without death contrary to Shafii.
3 - King of greenhouse for his. Benefit
4 - Must be a pony.
5 - Proven pedigree.
6 - Proven maintenance and accommodation.
7 - Sanctity of intermarriage.
8 - Inheritance from both sides.
9 - Justice in the women's section that has more than one,
as well as in the maintenance and accommodation.
10 - obeying the pair.
10 - The mandate of the disciplinary order of preaching and abandonment, beatings , and the last block of the Penal Code.
11 - Virtue intercourse.
The Article (47) of the Syrian Personal Status Law as follows: «if available in the marriage contract corners and other strips held was true».
As well as Article (49) thereof: «the right to marry in
force entails all its rights marital Kalmhr and alimony and
the necessity of follow-up and the transmission of spouses
and of family كنسب children rights and the sanctity of
intermarriage. That provided the Court of Cassation on the
entry into force of the implications of the marriage
contract on every Syrian citizen (St. 211 209 05.08.1973)
and in accordance with Article (14) of the Civil Code,
which stipulates the validity of the law of the State in
which the husband belongs at the implications for the
marriage contract.
The second requirement: the contract is necessary and its effects
It held true in force decade but negated the
requirement of conditions for زومه of which relates to
marry the father. . Or father is known misconduct and
immorality, and the option of puberty and recovery and
dowry ideals and efficiency and the lack of requirement
,him or having the authority or defect or led astray المعتد
owns a spouse or guardian dissolution, this contract is in
session true effect, but not required, P falls right
annulment in which the appearance of pregnancy
respected the right of the child, and therefore if one of
them died before the annulment proved correct the
effects of the contract, and its dissolution after entering
not makes Kalmoukov, but entail effects necessary for
entry and the existing pregnancy, but the detainee
should not have implications before entering it is Calfasd
but Kalpatal the zero-.
The third requirement: suspended the contract and its effects
A contract held correct, but fails the condition of the
force which relates As of eligibility and the health of the
prosecution and efficiency on the words shall be deemed
Calfasd, as well as in suspended كالدخول in corrupt, and
prove descent and must be at least named Mehr goes,
should be preparing, as well as all fuck differed in
permissible where access was positive for several with
the necessity to differentiate between them.
He went Syrian Personal Status Law in Article (52) that:
«marriage suspended reign before leave Calfasd.
The fourth requirement: the contract and its corrupt
It is each contract was a condition of his health which
witnesses and marry without efficient and marry the
sister of absolute and Bavh in several other, or is it all
fuck scholars differed in that it is permissible, a Kalpatal
before entering, if he found access observed a certain
effects, even if found alone correct in marriage rotten Do
not consider it, hold it null comparative suspicion.
He went Syrian Personal Status Law Article (48/1) that
«every marriage been affirmative corner and acceptance
and misfire some Cheraúth is corrupt. According to Article
(51 / 1) to «rotten marry before entering into the rule of
falsehood.
The implications for access are:
1 dowry of Job and ideals [(1)] .
2 ratios reservists in duration.
3 kit from time Almtarkh.
4 the kit expense to that spent in several corrupt.
5 no inheritance , but to prove the necessary effects of trampling winning the safe side.
6 sanctity of intermarriage : proving to enter it.
7 spousal: Gold Syrian Personal Status Law Article (51/3) that: «worthy wife spousal support as long as the marriage ignorant corruption». It is the opinion of the Hanbalis, comes clarified.
The Article (51/2) on these effects, which reads:
«2 and the consequent intercourse in which the
following results:
A - at least in reducing pony of Mehr ideals and labeled.
B - boys ratios of its findings set out in Article 133 of
this law.
T - the sanctity of intermarriage.
W - several of separation in the cases of irony or death
of a spouse and the expense of preparing without
inheritance between spouses.
The fifth requirement: the wrong decade
It is a contract that negated when one of the conditions
to take place, and agreed to void and not to take place,
Kinkah incest, and proves the limit بالوطء case is proven
testimony of four, shall not result in this incident no
effect, and called the contract تجوزا otherwise it is not
called a contract, and is this link between men and
women absolutely forbidden installed to reduce بالوطء of
[(1)] .
The third topic : the provisions of the dowry
The first requirement: the definition of dowry and cash equivalents and adapted legitimacy guides and controls in the amount of
The definition of dowry and cash equivalents and
adapted:
Language: m e t women and Omehrha: called her and
married her foal, and Almherh: precious dowry, a
women's Friendship [(2)] .
Idiomatically : Money leads the wife to marry or have
intercourse or miss a couple oppress,, a n suit (gift) is
required as you enjoy Women the man فكأنها the Gift of
charge [(1)] .
Shara pony right and the right of the wife and the right
of the guardian, if waived women for dowry right Shara
remained in the presence of the right of the guardian to
Mehr Mehr presence goes, then that waiver guardian
stayed right Shara on the difference in appreciation.
And went Syrian Personal Status Law to the doctrine of
the public, where Article (53): Should the wife the right
pony as soon as the contract, either call when the
contract, did not name or denied in the first place.
Evidence of the legality of dowry:
From the book: the verse:) ە ە ڻ À ( women: 4] .
It is the year : saying ^ disciple الزو the c: «go ask if a
ring of iron» [(2)] and Anas bin Malik narrated that Abdul
Rahman bin Auf asked the Messenger of Allah married ^:
«how much she gave to drink. He said: weighing the
nucleus of gold. He said: 'Had they not sheep » [(3)] .
The consensus: The Muslims are unanimously agreed
on the legality of the marriage dowry in [(4)] .
The legality of the dowry controls: be money متقوما
the pony a legally significant information, manageable
extradition.
And went Syrian Personal Status Law in Article (54) to
the following: «P-2 all religiously true commitment to
reconciliation be foals».
The amount of dowry: can have a maximum dowry or
less (the lowest), and his statement:
Maximum [(1)] : scientists agreed that no more dowry
extent people stand with him, because he did not want in
Shara indication specified maximum, as evidenced by:
Meaning:) ڀ ڀ ڀ ڀ پ پ پ ( women: 20] What is meant by
a lot of money, and when he may be a pony quintals,
indicated that it may be any amount regardless of end of
Abundance [(2)] .
Minimum:
1 said Shafi'i and Hanbali: No limit to less dowry,
Passover fact that the dowry money, a little or a lot, and
the officer all true as selling any to him the value of true
being صداقا, and has no value is not valid to be صداقا What
has not ended to the extent not Atamol, otherwise
spoiled label, and must be Mehr ideals [(3)] .
Al-Nawawi said: is recommended that at least for ten
dirhams pony out of the dispute Abu Hanifa because it is
not permitted without it [(4)] .
He went Syrian Personal Status Law in Article (54/1) to
Shafi'i and Hanbali doctrine stipulates:
«No limit to less dowry and for most of it.
2 and went Tap: that less dowry ten dirhams or its value,
P if held for less than ten dirhams, correct label and must
pony complete dowry tithes, and exhale said: Its like dowry
[(5)] .
Quoted Shaafa'is and Hanbali pony that does not have a
minimum number of guides, including:
Of the Qur'an: and says:) ٺ the ٹ ٹ ٿ ٿ ٿ ٿ ٺ ٺ ٺ
. [women: 24 ) ٹ
He stated dowry without specified which fit for little and
a lot [(1)] .
It is the year: The Messenger of Allah ^: «If Khat see
what an iron» [(2)] .
This shows that it is not less dowry as specified, and
only for him.
The saying ^ exaggeration in reducing the dowry,
because the ring of iron less the value of things [(3)] .
He quoted tap the following evidence:
From the Quran: Allah said: ) ٺ the ٹ ٿ ٿ ٿ ٿ ٺ ٺ ٺ
ٹ ٹ ( women: 24] and the name money to Aataleg a less
than ten dirhams, not true to be less than ten in order to
money [(4)] .
It is the year: Narrated Jabir bin Abdullah that the
Prophet ^ said: «I do not marry women with only
qualified, married are only the parents, without dowry ten
dirhams» [(6)] and modern text in the invalidity of the
marriage less than ten dirhams of dowry.
In fact, the verse) ٿ ٿ ٿ (General is the strongest
indication.
The second requirement: Photos agreement on dowry
May agree on a dowry between the parties to the
contract shall be the dowry is labeled, The People agree
on the amount of dowry to a girl description of what shall
be the mahr is a dowry goes, may agree to accelerate the
dowry or postponed, and may be agreed upon Mehr
secret and another in public, has increased dowry or
degrades him, and this statement:
Pony named and Mehr ideals:
First: pony named: should be designated in the
contract shall be deemed to pony is a pony named only
hate and need to be delivered and may not be altered
only with the consent of women, because it may appoint
to hold فتعلق right.
But that was unknown was needed Mehr ideals provided
that they are foolishness named more than foolishness
ideals Mehr [(1)] .
Second: Mehr ideals and the obligatory reasons:
Mehr proverb : He who wants money in the fold, and
their counterparts in the descriptions as religion, chastity
and beauty .. Sisters and relatives of العصبات Kaamadtha
and only sister Fbnt and girl Uncle. . [(2)] .
That went Syrian Personal Status Law in Article (64) that:
'If a man marries a in his dowry death disease a g the
hands of the dowry goes, the increase being sentenced
commandment.
And dispose of the money in disease death takes
commandment rule [(3)] .
Reasons should Mehr goes:
Mehr ideals must properly in every fuck did not name
the dowry contract time, or scrapped label, and must be
promptly and without delay when the contract of the
country's cash The chosen delay it and settle it is
obligatory to enter and upon the agreement, as well as
the estimated Mehr ideals when entering into the
contract rotten [(1)] .
Article (61) of the Syrian Personal Status Law on the
following:
P 1 Mehr ideals must correct in the contract when you
do not rename or corruption Mehr label. Article (63) If
you're signed in corrupt after a decade did not name the
Mehr, Mehr فللمرأة the ideals, and if the name of it may at
least labeled Mehr ideals.
Mahr and deferred dowry:
The holding of a valid marriage requires dowry, if
demanded wife extradition necessary pair handed over,
so as to be right where the arrest, and it has to prevent
her husband from entering to receive the dowry, said ^:
«to believe a woman صداقا a compound that does not
Eoffaha him of killing God Almighty, a Beech» [(2)] .
The deferred dowry : If he agreed to postpone half of
and expedite the half: Some went to the non-permissible
and Ogoppe off.
The audience went to the passport and solve for him
irrevocable divorce or death.
And Abu Yusuf went to the passport prevent itself to the
time of the performance of the dowry because it is right it
may refrain for him, unlike what if for the whole condition
not prevent access itself.
If chosen for entry without catch accelerated and is
charged then she wanted to prevent itself of the dowry
and prevent him from removing from her, they have it in
the words of Abu Hanifa, said Abu Yusuf and Muhammad:
not to do so because they have chosen to hand over the
same consent and revoked their right to prevention,
incident does not come back.
The Court of Cassation went to the view of Abu Hanifa
without Alsahben of which stipulates: «wife has the right
to imprison themselves and to refrain from pursuing her
husband and worth spending even meet her dowry
accelerator» [(1)] .
And went Syrian Personal Status Law in Article (55)
that: «may accelerate the dowry or postponed, in whole
or in part, and when you do not follow the custom text.
Article (56): «delay in going out to pony while Bainuna
or death unless stated in the contract for another». It is
also noticed for public opinion weighting in the
postponement passport with custom flow but to Bainuna
or death.
Obsolescence and dowry:
Gold Syrian Personal Status Law in Article (60/2) that:
«do not apply to mahr statutes of limitation even free
support as long as the marriage list».
The law mediate select the period of limitation end of
wedlock, and the doctrine of the tap to leave the claim for
a long time after the obligatory fifteen years for its
lawsuit hometown, and this in deferred, first Valmjl fall,
they said, to fall by prescription.
But Maliki went to the lack of claim limitations [(2)] .
Mehr password and Mehr public:
Some people may be humbled agree on the label of the
dowry of reputation and hypocrisy Vivq the dowry in
secret is a real pony, In another public Mehr, they show.
Scholars differed in it, and his statement:
Went public that the dowry is Mehr password if they
were single-sex if Ohhada to increase reputation.
This is stipulated by the Syrian Personal Status Law in
Article (54/4) which stipulates: «those who claim moot
collusion or in a pony named duly prove that, if proven,
one Mehr select the judge unless it is proved ideal pony
named real.
If you do not testify was the dowry dowry password
when Alsahben because the second decade moonshine,
when Abu Hanifa Mehr public, even of non-sex; that
although the second لغا does not increase Tlgo, which is
more correct when Shafi'i.
If you do not agree to Moadah the race was disagreed
pony is named in the contract, if agreed to Moadah and
sex was different and did not testify necessary Mehr
ideals when the tap, and this is what went Syrian
Personal Status Law unless it is proved labeled.
Hanbali went to unnecessary dowry User adult Mabulg
for حوق increase بالصداق after decade, although
mustahabb what it promised of Mehr password.
In the words of the Shaafa'is if Mehr password
requirement before the decade is true and spoiled the
Mehr necessary condition proverb [(1)] .
Increase in dowry and debasing him and Ibra Guardian:
The Crown may not amnesty for dowry or degrade it to
.as well as other debt, and only spoiled the dowry موليته
As well as the Crown has no right to abandon his son
toward small .. Tribal his marriage over the dowry goes,
only spoiled the dowry and if you believe his son more than
the parable of the dowry money himself Jazz.
Had wanted to discredit her dowry The Jazz were great
though her father landed it did not permissible if they are
small, large Had Hetta was suspended approval.
And also does not accept the projection in the Senate
because it does not accept, it may Tstrdh the projection
of it as long as it exists, if his pony fell perished [(1)] .
And Article 57 of the Personal Status Law Syrian: «shall
not be any increase or decrease of the dowry or
discharge him if occurred during the marriage, or in
several divorce, and are considered invalid unless
conducted before a judge and join any of these actions
going before a judge the origin of the contract if accepted
by the other spouse.
The article (54/4) impact here in terms of collusion and
moot given that the preceding paragraph of the same
article (54/3), we have an excellent pony made which
stipulates:
3 «Mehr considered women have come in excellent
order after Dean alimony payment referred to in Article
(1120) of the Act.
4 those who claim moot collusion or in a pony named
duly prove that, if proven, one Mehr select the judge
unless it is proved ideal pony named real.
5 is all contained in religion and marriage or divorce
documents of fixed debt in writing and included in the
first paragraph of Article 468 of the Criminal Procedure [(2)]
issued by Legislative Decree No. / 84 / for the year / 1952
/, deferred dowry is not considered worthy performance,
but upon the expiry of the kit as decided by the judge in
the document.
It may be the increase sham to evade debt normal
considering that religion excellent enjoy a right of priority
and privilege to the rest of the debt, and his pair up pony
figurehead, and an agreement with his wife, the بطالقها
irrevocably must have definitely this pony privilege and
he will flee from debt creditors, and that is stipulated
Article (57) Proof of this increase before the judge, and
stipulated that article (54/4) moot to prove or collusion,
and when ئذ prove Mehr example only, without the
increase.
I think that the distinction between religion excellent
and normal is not accurate, but accurate as he says:) ې
dd ئا ئا Iە Iە ( The Cow: 280] I see to jail if at all, if solvent just
do not to pay the money by but for his crime, and تهربه
and Ahtealh not repay the money.
The third requirement: the necessity of full dowry and some سقوطهما
Should be half the dowry:
In divorce before entering with a dowry label contract,
or in a divorce before entering with the label of the dowry
after a decade in the doctrine of the public without tap
. the the marital fun [(1)] فتجب
He went Syrian Personal Status Law in Article (58): «If
called dowry in the correct contract signed before
entering divorce and being alone correct, they must be
half the dowry. And confirmed by the Court of Cassation.
Should be the entire dowry:
Snaps and should be the entire dowry, whether such as
dowry or named in the contract right in many cases are:
Access the wife entertained, and both agreed in the
contract pony or even after with the sanctity intercourse,
because بالوطء had meets utility invasive, or perhaps has
been the contract and has conditions.
As well as settle the entire dowry death of one of them
even before intercourse in the contract properly, it does
not invalidate its marriage to the presence of inheritance,
and the end of the decade is like meet held Vlzim full
dowry, without the High dowry has died, one before the
imposition her nothing has Maalikis only, after the
imposition Kalmsmy, and fully proves when the public
before and after the imposition.
And settle بالخلوة, correct when Hanafi, Hanbali, and to
be set up years when the pair without intercourse, as well
as a guided retreat close the doors and relaxation Alstor
when Maaliki, so all e without Shaafa'is in the new, and
added Hanbalis to زومه the correct privacy in marriage
rotten [(1)] .
Provisions of the privacy right [(2)] :
Idiomatically: What can enjoy it with you P constructive
inhibitor, so that the couple meet in somewhere Aomannan
of the informed other them Caldar and home, if they
wanted to have intercourse.
Contraindications health retreat h e: either inhibitor:
real, legitimate or normal.
The real inhibitor : it is a couple's disease illness
prevents intercourse, or the fact that a small, one can not
have intercourse.
And inhibitor Forensic : That Be A Couple Fasting
Ramadan, or Taboo Arguing Hajj Or NFL Or Umrah, or That
Be Wife Menstruating Or Nifaas, because Each That
Deprives With Intercourse.
Inhibitor Natural : it is That Be With them Third,
because Rights Hates That Intercourse His wife In the
presence of Third.
Provisions Retreat Correct:
Pony 1 : To be confirmed Pony Job بالخلوة Correct
Between Spouses, and this is the doctrine of the Hanafi,
Hanbali and Maalikis establishment year after entering
without intercourse.
Imam Malik, Shafi'i that no you retreat shrine in not
settle the entire dowry.
Quoted ancients, including the following:
1 saying Says :) ٿ of the ڤ ٹ ٹ ٹ ٹ ٿ ( women: 21]
is Retreat Between Couple As Said Fur, both Income :اإلفضاء
By Or not Enters.
2 Roy More Messenger God ^ that He said: « Detection
Muffler Woman And consideration To Must Dowry dowry
income By Or Not Enter » [(1)] and this Clear text phrase in
dowry should be given and revealed the cover to enter
the connector.
And protested Alnavon To prove dowry correct بالخلوة Evidence The following:
1 saying Says:) ۋ of the ې ې ې ې ۉ ۉ ۅ ۅ ۋ dd mm ( cow H: 237]
enjoined God At Not Touch intercourse half Pony Imposed
At Divorce Before Access In Fuck Where Naming Mehr, did
not Separates Between Case Presence Retreat And the lack
thereof.
2 Make sure Pony Stop On Interpolation Due Contract,
which Benefits Invasive, and meet Benefits Be بالوطء any
Log in Gets This Interpolation Once Retreat Correct
Between Couple Without Log in, there is no Sure Dowry.
The shootout that I see is the opinion of a compromise
between these views: that goes on between the contract
and the access as a year must complete the dowry, a
relative of the opinion Maaliki that enter without
intercourse years positive for a dowry, and this side, and
another side that something happens before entering
thou shalt view Shaafa'is in ,كالدخول This is not . .كالقبلة
non-redundant first pony, albeit piety and devotion paid
and commitment.
2 proven Ratios: بالخلوة at Abu Hanifa although
contract proves ratios have also.
3 kit .
4 alimony And housing and comes proportions and
detail kit and alimony.
5 sanctity Fuck Her sister And fourth Other In
Promised.
Fall Pony Event:
Down Pony Full Reasons The following:
1 band Otherwise Divorce Before Access And being
alone, because Annulment Contract Lift His From
Originally, both The From Before The pair Or Wife.
2 sanitization From Full Pony Before Access And after If
Was Sanitization True From His family; Because
Sanitization Drop.
3 dislocation: Before Access And after, if Was After
Arrested Apostasy To Pair.
4 gift Pony: A Maliki: The endowment View Time Ten
Divorced her Return it To Fully, a what I see راجحا.
5 Divorce Or Death Before Access & Terminals فتجب Fun
Without Pony As a Not Branding.
He guessed Nuclear In Death That More correct
Unnecessary Mehr Goes, «Stronghold bin Sinan said: I
heard the Messenger of Allah ^ spent in Broa girl and
harder» [(1)] .
6 annulment Before Access The defect Object Where
Muscat Mehr As well as Curse The disadvantage And
insolvency Before Access.
7 annulment Requirement At Not Meet By At From Said
Balelzam By [(1)] .
And went Syrian Personal Status Law in Article 59 that:
«if Bainuna occurred due by the wife, before entering the
correct and being alone, fell pony whole.
The fourth requirement: ensuring dowry and processing grip father's daughter
Ensure guardian Pony: ensure true guardian of the
dowry whether the Crown husband or wife, and whether
they were small or large [(2)] .
Catch dowry:
He said the public: the father and grandfather, the
judge and guardian of the state catch small and large
dowry, and when Maalikis the father and the
commandment.
But If نهت large amount of away from catch dowry is not
a mandate of the grip, the pair paid to her father without
her permission within which the husband and the guardian
of the state arrested her without other pony [(3)] .
And went Syrian Personal Status Law in Article (60)
indicates that: «the dowry right of the wife nor the pair
discharged him only by pushing them especially if they
were full eligibility, unless assigned in the contract
document and a special agent fist.
The law specified that catch the dowry is the right of
the wife is not the pair discharged him, but his
performance to, or trust in the contract and a private
agency caught her pony.
I went the Court of Cassation to rule catch dowry by the
guardian, is different if the woman was a virgin A and ثيبا,
as E. NH, in pursuant to Article (95) of the Book of the
conditions for Kadri Pasha
established in terms of Article (305) of the Personal
Status Law may not be Crown catch Mehr الثيب amounting
to only power of attorney which (St. 344 330 ta
26.08.1969) , as well as the Court of Cassation stated
that: «catch guardian accelerator his eldest daughter,
carried out by the husband unless Tinh Payment of him.
Processing the father of his daughter:
If equipped with the father of his daughter and handed to the device which is not true patient recovery did not have them and not to his heirs, as the custom device is being Pettmena not as bare of, if not died to the heirs ,in that gift for an heir would need their leave be منازعتهاyou do not need.
Also, if processed and bought her a small though he was
sick as buying father owned before delivery, even if the
father did not pay the price, is attributable seller on the
legacy of the buyer does not it, but if I testify father he only
bought them because, as well as case certification
Alsabakhfa.
If the father or heirs claimed that the device of Nude Saying husband and wife if ongoing custom processing of his daughter from his father a gift not naked.
If a common custom between the gift and bare. . Shall be to say to the father with his right hand.
Being such that if the processed of dowry sanctioned by them, it has increased, so the rule of excess and over [(1)] .
The fifth requirement : insolvency in dowry
Maalikis and Hanbali to that dowry insolvency called a
judge on the husband, or the husband called and proves
half of dowry, unless access is available, otherwise it is
not a divorce, and that divorce because it prevented her
right, as well as said Alsahban.
But Hanbali said dropping the whole dowry, because
they came from the band before.
Tap went to the non-termination of insolvency dowry
but her ban themselves from him.
And said Shaafa'is: request the annulment of
intercourse before the judge or authorize it with their lift
to the judge and but resigned بالفسخ without a judge or
arbitrator was effective.
If chosen بإعساره as dowry fell right of rescission to
consent بإعساره, dowry-harm does not fall right in the
renewed annulment [(1)] .
The sixth requirement : the difference in the pony and foal can be
This photo many statement مايأتي:
Difference if the marriage:
A difference in the amount of dowry if the marriage on any recipe in cash or Mikla, موزونا or in kind or in our Vtqubl evidence, if any, in the doctrine of the tap.
And Maalikis to terminate the contract before entering the conflict occurred in the pony race at all, and after entering the pair is attached to the Friendship ideals did not exceed its lawsuit or decrease its case, while in the pot and annulment depends on the character of the judiciary.
Hanbali said: Accepts say the pair with his right hand or say and why.
B vary at the origin of the dowry that claims one label
dowry and other non-label, did not يأتيا Balbana on saying,
NATO denier label, if NATO needed Mehr goes, only that
the tire proved to the label, and if Mehr ideals their
alliance, spends Balinkol on Nakl, Otherwise spent dowry
goes, in the doctrine of the tap.
When Shaafa'is in rather Athalvan Mehr must ideals.
Hanbali said: say to the husband with his right hand in
the novel, and others say the wife with her right hand.
The difference between the dowry and gifts:
If the pair money and claimed he صداقا and wife claims
being a gift Saying the husband with his right hand, even
if paid by the non-sex dowry, because the husband know
how to remove his property, other than food if sent to it
as يكذبه apparent that claimed the foal is not a matter
usually of the dowry.
And Maalikis to count the gift of the dowry they Ta d
. the judgment and the norm [(1)] مشترطة
Which swing back formulated at the lack of entry of the
dowry and well as unworn hull, taking the doctrine
Maalikis, minimize as much as possible from the high cost
of wedding expenses.
Conflicts in the pleasures of home:
The conflict of the couple spent Balbana those who saw
him only differentiate in the dispute if the marriage or
after its demise.
In the case of the marriage are seen: McCann fit men's
dress and lookalike pair Saying it visible to the testimony of
his case when the tap. Maliki agreed with the requirement
of the right.
What was fit for women of dress and lookalike wife
Saying it visible to the testimony of her case when the
tap, and well as the Maalikis with her right hand.
But what works for both of money and presentations. . .
So he went and Mohammed Abu Hanifa and Maalikis to
say to the husband.
As for their differences after the demise of marital
divorce. . Saying the words husband and alone, because it
is a foreign divorce became not her hand was still [(2)] .
Section IV : spousal [(1)]
The first requirement: the definition of alimony and legitimacy
Definition of spousal support:
Language: Tunnel sales: Raj, and spent: money and
went alimony [(2)] .
And idiomatically: the adequacy of the wife to the
stability of living in wedlock, namely: food, Adma and
bread and clothing, dwellings and a servant.
Legality of spousal support:
The extensive evidence on the necessity of alimony on
the pair, from the Koran: the verse : ) ۈ ۈ ۆ ۆ ۇ ۇ ( [Al-Baqarah:
33] and the baby has a pair [(3)] .
And says:) o ٻ the ٺ ڀ ڀ ڀ ڀ پ پ پ پ ٻ ٻ ٻ ( women:
34].
A D on the follow-up marital and stewardship for
alimony [4.]
It is the year saying : «Start your own incredible, the
preferred something Vlohlk .. » [(5)] .
And the provision expense of himself and his family,
because they are confined in it other than the expense of
others, and the Getting Started باألهم more important in
legal matters.
The ummah is unanimously agreed on the necessity of
the pair of alimony [(6)] , the Court of Cassation said: of
course evolves, and diligent to alimony from her
husband, Wei necessary if he refuses it or proven
negligence unless the defiantly disobedient (St. 864 880
12/26/1984).
The second requirement: the cause must be alimony and conditions and the time it is obligatory [(1)]
Why should alimony:
Went public that the cause of proper maintenance
contract.
And went tap that the cause of alimony retention wife
for the benefit of the pair, which is positive for the
expense because it is not true greenhouse without the
fact that the contract is true, no longer tap the reason is a
contract to meet him dowry, while the promise of public
reason for alimony, and the doctrine of the audience is
what he sees راجحا evidence that if they asked him
Banaklh film and obligatory expense borne with that
neither retention nor moves.
Went the Personal Status Law Syrian to the view of the
public should alimony contract, stating Article (72) P-1
must be alimony for the wife to the husband, even with a
different religion, while the contract right, even if it is a
resident of her family's house, unless asked her husband
Banaklh declined to unjustly .
Terms of alimony:
The first condition: the public went to the first
requirement is to enable the wife to the husband of the
same, while he went to tap that the condition is to deliver
the woman herself to her husband بانتقالها to the marital
home, I do not see a difference between them because
they are in one sense.
The second condition : that the wife should be a
great fit for cohabitation with marriage, but it may be
small is subject to opinions concerning the Shaafa'is one:
should be spending her; because can not have
intercourse with her is not doing did not fall for that
expense is the view of Abu Yusuf that hold it to benefit
the Kkhaddmth is a kind enjoy.
The other: Do not answer her alimony, and has said Abu
Hanifa and Malik and Hanbali, a correct when Shaafa'is;
unable to enjoy not have to pay alimony.
The wife is sick unfit for cohabitation. The Court of
Cassation confirmed evidence of alimony to the wife
diseased condition of the possibility of moving to the
marital home and not to prevent them even carried a
lamb (St. 318 315 11/10/1956).
The third condition: not be wife ناشزة the the [(1)] :
which disobey her husband in matters that commanded
obedience street, as if it refrained from moving to his
home right after the contract is not the expense of her
because they ناشزة.
And went Syrian Personal Status Law in Article 75 that:
«defiantly disobedient are left matrimonial house without
legitimate justification or prevent her from entering her
home by request transfer to another house.
Under Article 74 of the Personal Status Law Syrian: «If
Nczt of women actually no expense her for nushuz».
Time should be alimony:
It must be requested from time transferred to his home,
if requested alimony judge did not impose borne him
from his present, and the judge imposed, and took a
guarantor if absent for the possibility of his death a
divorce.
As if present do not take a guarantor [(2)] .
Article (71 2) of the Syrian Personal Status Law: the
husband is obliged to pay maintenance to his wife if she
refrained from spending or proved his shortcomings.
As stipulated in Article (78):
1 governs the wife alimony from the date of failure of
the pair to be spending it.
2 does not rule more than the expense of the previous
four months for a claim.
Alimony should be with disempowerment or
imprisonment for receipt of mahr:
Have the right to refrain from empowerment to receive dowry accelerated or appointed her alimony while refraining to this agreement right.
If enabled it may also refrain to receive the dowry when Abu Hanifa that prevent the right.
He went Alsahban and Shafi'i and Hanbali that it is not
the expense of her for being strictly unjustly for waiving
dowry delay it or deliver the same to him [1] .
And went Syrian Personal Status Law to the view of Abu Hanifa stipulates Article (72 2 ): The unwillingness of the right as long as the pair did not have to pay dowry or no accelerator Yeh Aye legitimate housing.
The third requirement: estimating and types of alimony
Estimate of alimony:
Tap went in Mufti, Maliki and Hanbali E. Lee that the expense of the wives are considered exceptional couple inadequate.
They quoted the following:
A. God's words:) چ ڃ ڃ ڃ ڃ ( Divorce: 7] . Vlenevq as the
case of spent and unspent need to be expanded if it
expands, though poor Z as much as it did [(2)] .
Prophet ^ Hind wife of Abu Sufyan: 'Take what is
sufficient and was born as a Virtue » [(3)] فأمرها take
enough of it is estimated [(1)] .
Gold Faucet in novel, Shaafa'is: that the alimony
estimated husband's condition, known as custom.
They quoted the words of God:) ڍ ڍ ڇ ڇ ڇ ڇ چ چ چچ ڃ ڃ ڃ ڃ
( Divorce: 7] P rich spend according to his situation and the
poor according to his situation [(2)] .
It is the year: ^ saying: «Fear God in women ye
Okhztamohen of God and safely فروجهن استحللتم the word
of God ... And they you a living and كسوتهن Virtue » [(3)] .
It also quoted the news of India, the wife of Abu Sufyan,
from the face of another, they said: The saying ^: «Take
Majkovak of your child Virtue» [(4)] when people known as
the pair left insolvent, did not say Take what is sufficient
for launching.
Estimate alimony in the Syrian Personal Status Law:
Article (76) : «estimated alimony for the wife pair,
according to the event easier and hardship, whatever the
condition of the wife, that not less than pretty enough for
women».
Under article 77 of the Syrian Personal Status Law that:
«1 may be increased maintenance and shortages
turnover if the husband and prices of the country.
2 suit does not accept the increase or decrease in
spending imposed before the lapse of six months
imposed only in emergency.
Under Article 81 of the Law of Personal Status Syrian it: Estimated judge alimony, and must be estimated based on the reasons for constant has seeking the opinion of experts, the judge when estimating the alimony for the children of martyrs and the like that يستأنس opinion Affairs Office of the martyrs in the General Command of the Army and the armed forces or his representative and be determining the martyrs and the like in accordance with the laws and the Ministry of Defence and regulations.
Types due Alimony:
1 feeding : It is intended by titling bread, and has taken a corresponding money, and eat with him to request alimony hometown.
The left and the other every day.
2 Aladam : It is intended comfortable having what usual Balaqtiat do oil and meat, with cheese.
3 cladding : The estimated cladding Bkivaatha and according to the different country.
4 cleaning machine : it must have what cleans itself of machines and used in things according knew her Tmlika her.
5 pleasures of home: It is intended by the necessary for eating, drinking and washing according to the custom, according to the pair if the titling her hand.
6 server: the wives who serve in the homes of their parents for being unworthy of the service itself in the usual and known [(1)] .
7 residential [(2)] : the pair should create housing,
according unchanged when the public.
The Shaafi'is to what suits it usually does not depending
on if the husband says: ) پ ٻ ٻ ٻ ٻ ٱ ( [Divorce: 6] which is
in absolute nearer the wife, but says:) ڀ پ پ پ ( [Divorce:
6] .
Types of alimony in the Syrian Personal Status
Code: 71 1 spousal support, including food, clothing and
housing, telemedicine and to the extent known, and wife
who have service for server-fold. , Including the expense
of birth and appreciation back to the judge. (St. 736 738
12/29/1975).
Article 65 on the husband his wife in the housing
dwelling ilk.
This is compared to the spousal support (food) when
public without Shaafa'is and but this is contrary to
everyone's opinion, even if that housing, according to the
first case.
Article 66 after catch Mjlha the wife to live with her
husband.
It is identical to the view of Abu Hanifa.
Article 67 of the husband has no right to live with his
wife cloud has a silver in one house without her consent.
Article 68 When polygamy pair must compromise
among them in the housing.
This is compared to the expense of the food.
Article 69 is not for housing a pair of his relatives only
with his wife and small son is featured if proved harmed
her.
It is appropriate doctrine public without Maalikis who
stipulated a brooder him.
Article 70 forcing the wife to travel with her husband
only if the contract stipulates otherwise or the judge finds
an obstacle to travel.
It is an indication that the binding clause also come
because it does not prejudice the rights of the pair does
not affect the rights of others, and in the interest of
considering her, only فيلزمها the follow-up.
The fourth requirement: alimony transactions
Expense of the absent wife or who is out and took him
to sponsor, including:
The wife claims the pair accelerating the expense of the
future until he came in Maalikis and Shaafa'is without
Faucet; because the expense of the future is not
obligatory for if not eliminates absentee them, or
demanding the pair establishing a sponsor alimony for his
absence when the public without the tap, and the only
difference between them when the public and exhale
without tap.
I went to the Court of Cassation that: does not govern
alimony precedent for the prosecution without asking (St.
113 133 30/04/1962).
And went Abu Yousef to the desirability of taking the
expense of months her agreement if given a guarantor
Jazz, or impose judge her alimony from her husband's
wealth absent, unless invited projected for the expense, if
proven fell, and requires tap that money spent from the
genus alimony in her hand, if a drug not sold for at their
own expense, and differs in performances between the
passport and the lack thereof between Imam and
Alsahben.
Ancestors of alimony:
The pair credit alimony to the wife, nor oblige him by
the judge if he wanted backbiting, but Aaghebrh to
sponsor in tap doctrine; alimony because you do not
answer it in the future.
Abu Yusuf said: praised the take alimony sponsor
months [(1)] .
Went the Personal Status Law Syrian to the view of Abu
Yusuf, but was limited to المشاهرة months month is like,
stipulating Article (82): 1 judge during the consideration
of the grounds maintenance and after its discretion,
ordering the pair when necessary Baslav his wife amount
at the expense of alimony no more than the expense of
one month and can be Renewal ancestors beyond.
Clearing can be made obese alimony if requested by the
pair at the tap, and never when the public.
The fifth requirement: alimony, Msagtadtha, religion
and the judiciary
Alimony becomes our tap them when the judge to
impose or reconciliation pair, because alimony link does
not rather than our Vtkon on the pair due by the creditor
and only fell lapse of time if you do not join them or
arrest leveraged it with the permission of the judge.
If the judge imposed have not consumed and spent another expense did not fall expense for that period.
And Maalikis to fall alimony insolvency, and remain in
discharged by Balaasar in.
, When Shaafa'is and Hanbali if left-handed pair fact
alimony the receiving and patient wife or spent on
themselves or become alimony have borrowed him if he
did not stop itself from the banned itself from the
expense were not ناشزة and alimony longer we have it [(1)]
.
This is because the evidence installed to the absolute
expense of time there is nothing restricting it, and the
person shall not fall only performance or باإلبراء of, and
evidence not fall forced performance or imprisonment.
And went Syrian Personal Status Law in Article (80) To:
1 If the ruling of the wife alimony for the pair and could
not collect it, necessary cost Bnafqatha the if the non-
imposed husband to spend on her to the extent imposed
and have a right of recourse against the pair.
2 If you have authorized borrowing who not Bnafqatha
expensive option he may refer the pair or refer it back to
her husband.
Section V : conditions in the contract The first requirement: Conditions departments and its rule and its impact on the marriage contract
The conditions relating to the effects of the marriage
contract provisions vary according to the conditions
required by one of the contractors, namely:
1 that the condition is contrary to the intended
contract and its effects: if required to approach her,
but not at the time of the day or night, or dowry was
legally corrupt, or if required to have no divides in B.
As well as marriage Alnharriet a anciently or Allillat,
which is similar to marriage Misyaar, as well as fuck
friends (Frend marriage).
He went Tap and Shafi'i and Hanbali to the validity
of the contract and the invalidity of the condition for it
plus the contract if جهلت not affect it, if chosen by the
the same which it is permissible, otherwise it may بطيب
claim the right, and if the condition is true, otherwise
mangle also had to have a dowry or expense.
And Maalikis to terminate the contract before entering
Juba, but after entering the contract correctly, but a
ideals and يلغو mahr condition.
And went nuclear and Rafii from Shaafa'is to the
invalidity of the contract in general terms, and I went the
Court of Cassation (St. 148 143 10.5.1962) to the issues
of maintenance of public order and every agreement
violates the conditions of no value. That's OK for public
opinion on the invalidity of the condition and the validity
of the contract.
The misyar Vary makrooh gravity in denial and its
effects, and otherwise it is not hatred, even if
confidentiality is concealment not shortchanged him to
possibility خشوه for registration and the presence of the
witnesses, and unless changes witnesses was invalid [(1)] .
Marriage, as well as friends see Sphere Te, because lack
of commitment to family expenses may carry some
dereliction of duties, if taken precautions anti shorten the
pair not makrooh [(2)] .
2 that the condition is disliked is contrary to the
effects of the contract: It is every requirement is not
appropriate contract, but its not Enaweh also considered
distasteful because otherwise the parent to freedom
to act beyond the contract, and that he does not العاقدين
marry them, or do not pay it from her or from
somewhere.
Tap said: that was beneficial to them or one of them
and the permissible condition for a stopover on the pair
did nothing to do with the condition of contract, and in it
there is nothing, but it may Mehr ideals.
Maliki said: desirable to meet these conditions and the
like, even if you do not have to fulfill the obligatory, but
this does not terminate the contract is not before nor
after.
The Shaafi'is: to the validity of the contract and the
invalidity of the condition unless the original prejudice
Bmqsodh of the intercourse, and The فيبطل condition
because it is not a project, but saying ^: «Emma
condition is not in the book of God is false» [(1)] , due to
Mehr goes to the invalidity labeled with the condition.
Hanbali and went to meet him and zoom only have had
the option of annulment, Mstdelan mentioned the words of
the Prophet ^: «The deserving what are its conditions
broiler what استحللتم do» [(2)] and the words of the Prophet
^: «Muslims on their own terms» [(3)] is the view of many
of the companions and we do not know them contrary,
was narrated that a man marries a woman and her
backyard condition, then he wanted transferred,
Fajasamuh to the age, he said: her backyard. The man
said: If Atalegnna. Umar said: Sections rights when
conditions [(4)] .
But if شرطت harmed divorce is not valid condition not
be fulfilled because the Messenger of Allah ^: «Women
do not ask her sister to divorce Tcetkvye Ainaha» [(5)] .
And some went Hanbalis to the زومه on the usefulness
and likely stipulated Ibn Qudamah corruption.
3 to be permissible condition : a condition required
by the contract or be his impact, as good cohabitation,
not to abuse and beatings, and perform maintenance and
lack of parsimony, or require that her own hands [(1)] .
This requirement is the duty of performance though not
required and this was permissible.
And several Shaafa'is to Goa that collector of contract,
except in the following issue of the mandate, and the like
do not agrees appropriate contract is not related to the
purpose, if only eat well.
4 that the condition is void مبطال of the contract
from the outset: it Ktaqat marriage contract and fuck
fun, or condition divorce at a certain time, or suspend the
contract on the condition, such as saying: your spouse if
chosen for your mother, or subject to the option, or
shighaar, فتبطل these terms and invalidate the contract
agreement However, what the range of Shiites in the fun
and temporary passport, what he said in tap shighaar [(2)] .
The second requirement : Syrian Personal Status Law and Conditions
Article (14) of the Syrian Personal Status Law as follows:
«1 if the marriage contract under the condition contrary
to its legitimate or contrary to the purposes and commits
to what is religiously prohibited the condition is false and
true decade.
2 and, if under the condition of women committed to the
interest is religiously prohibited without prejudice to other
rights and T. freedom of the pair s hand in his own
legitimate, the condition is true binding.
3 If a woman stipulated in the marriage contract
restricts the freedom of the pair in his own works or
prejudice the rights of others, the requirement was true
but it is not Bmlzim for the pair, if not in the pair, the
required Vllzojh request annulment of the marriage.
Making the law conditions three sections, [(1)] :
1 Terms false is revoked the contract: They are
conditions that are contrary to the purpose of the
contract and which rules or be in the legitimate
commitment to legitimate prohibited.
Vmma contrary to the intent of the contract: if required
the boy or lack enjoy.
And conditions that are contrary to the public system:
such as not spending no word t or condition of spending
it, or شرطت raising her boys without him, or provided
Walsh Laurel when the public without tap.
Examples of prohibited conditions Forbidden: a province
womb, or traveling alone, or to require an act contrary to
morality and decency كمومسة and dancer and prostitute ..
These conditions are void and keep the contract with
them is true, and this also passed us OK to the opinion of
the majority of scholars a breakdown over without
Shaafa'is who reject the contract and condition.
And notes that these conditions do not affect the
establishment of the contract, his birth, but all hero's
agreement.
Also noticed here that the draft unified personal status
law added to the false conditions shall affect the rights of
others.
2 right conditions due to meet:
It is, according to the second paragraph Terms of
considerable interest religiously committed to the wife
does not affect the freedom of legitimate husband in his
work does not affect the rights of others.
Examples of these conditions: if that does not require
travel or that you Aikrjha of backyard or in a house
inhabited described in somewhere, or does not stop her
from completing her studies, or does not stop her from
working in a job starting or continuing.
These conditions are valid binding force the pair to
implement the judiciary, which is free between the award
and objectionable conditions mentioned above.
3 non-binding right conditions:
It is the conditions that affect the freedom of the pair in
its legitimate and affecting the rights of others.
Bucking here draft personal status law consolidated
Vastrt-for correctness without prejudice to the rights of
others, otherwise invalidated.
And the critical conditions the pair freely in restricted
legitimate work for him he does not marry them is
contrary to the rule of permissibility in diversity, as the
contrary to the rule of the street at the origin of the
passport or not divorce her.
The conditions are critical to the rights of others as if it
requires that called her co-wife.
As can be observed from these conditions it is contrary
to the provisions of the family system and public order in
the freedom of contractors and non restrict Aradtehma.
Here are the uniqueness Hanbalis بلزوم the fulfillment of
this condition and only had the option of annulment as
over approached them Maalikis, mustahabb met for an
interview Previous: «Muslims on their own terms »and
others. . And went Syrian Personal Status Law to the
health condition without obligation by giving the wife the
option of annulment just as Hanbalis only in Divorce
harmed condition most correct when Hanbali non-binding,
although some went to his health.
Part II provisions of divorce and its effects
Chapter One: divorce, annulment and divorce types
Chapter II: the individual will divorce.
Chapter III: The divorce agreement spouses (المخالعة).
Chapter IV: divorce by virtue of the judge.
Chapter V: divorce by virtue Shara and the law.
Chapter VI: the effects of the dissolution of the marriage
contract.
Chapter VII: preparing and provisions.
Introduction to Divorce
Hateful divorce is unavoidable, a complete after three
stages of co-existence to the families where there is no
sin God Almighty, I like that their living ينغص with good
treatment, money and human performance both.
If this is the disappearance or troubled اضربت, marital
life, would resort to divorce or to preach and to
abandonment, if things أعيت, Is given divorce to the wife
or the husband or the judge? What's the fastest wife to
divorce Valendm, and more scandals lute to eliminate it
has to be mentioned reasons, and more crap couples
to divorce, so it was the most odious wife to المسارعين
God divorce, there is no way to prevent it, as it was
probably survive it, no way to restrict? It's probably the
reason for the many grievances and Jhalac ..
The legislation divorce rulings different and situations
gave this right to the husband and the wife, the judge
depending on the circumstances, and systems of rights
and duties, which reduces the settled material corruption
Mamcn, makes the family more stable and happier,
although the optimal solution by following the law of God
Come to configure the wedlock at the top of Illiyun in the
land of the sons of Adam.
And I will discuss in this section of divorce and its
committed approach scientifically comparative
extrapolated, and God luck.
Chapter One: divorce, annulment and divorce types The first topic : the
definition of divorce, annulment and divorce
judgment in terms of forensic Description
The first requirement: the definition of divorce and annulment
Divorce language : a lack of enrollment and bond [(1)] .
And idiomatically : lifting under the marriage in case
an ad hoc or money wording [(2)] .
And intended once did: irrevocable divorce, money:
reactionary divorce, and proprioceptive word: the explicit
words of divorce and Alknaúah let Alvesuch come out,
and all that comes elaborated.
Annulment Language: said: انفسخ the momentum,
sales and Marriage: breaks [(3)] .
Annulment idiomatically: You said in its definition:
raising the marriage contract and cancel its effects [(4)] .
And annulment examples: the wife's parents Islam, rose
a couple, disparate realms fact and judgment, and the
option of puberty, and incompetence, spin Mehr goes, or
the knowledge of the existence of breastfeeding between
spouses after decade.
The second requirement: the difference between annulment and divorce [(1)]
1 in the language: both to Fezan demonstrate concerned
Divorce in language is to raise the contract, the ,متقاربين
annulment close to him, because aside and disperse, but
the difference that the annulment complete elimination of
that aside, divorce lifting of the contract, which keeps
some of the effects.
2 Divorce stop to stretch effects and termination of
contract.
The annulment is set aside for the solution Association
of Streptococcus and considering the contract as if it was
not.
3 annulment be the result of the reason farewell to
him, but divorce فسببه the issuance of the Site
pronunciation.
4 annulment may happen as soon as the cause, but
divorce is not located only specific verbally express or we
I Yeh.
5 Divorce impact right from the effects of the contract, and
the annulment is set aside for the demolition contract to its
effects.
6 Divorce is on the right marriage contract, The annulment
is contained on the right marriage contract suspended
and is not necessary, as the contract is rotten.
7 have a spouse in a divorce three Ttaliqat, if he divorced
her three did not replace him until she has married
another husband.
The annulment not decrease the number of shots
owned by a husband on his wife.
8 Divorce is not only pair of fact or an estimate, and the
annulment shall be husband and wife, and others, and
the judge.
The third requirement: divorce judgment
The scholars differed originally in divorce is permitted,
disliked or privacy: P went public to the parent that the
lack of preventive or otherwise first.
Gallant son went from the tap to the parent that the
inviolable except in cases of necessity of suspicion and old
age.
The most correct it relates Conditions five التكليفية:
Shall be permitted when it is needed for bad breastfed
and harmfulness without انتفاعه them to pay for damage
itself, as well as If you Ahuaha not neither loved nor allow
himself Bmantha from enjoying them.
And be hated when the public when it is not needed,
because Allah said:) ڃ ڄ ڄ ڄ ڄ ڦ ( women: 34] which does not
Tfarkohen, a straight case.
And deprives tap divorce that he did not need, and it
achieved an interview Messenger of Allah ^: «hateful to
God divorce» [(1)] .
It would be forbidden in agreement that the request
Kaha in menstruation, postpartum or at Cleanse
intercourse when, with hindsight The Tal Qaha and the
sin, and unnecessary Tazirh for violating the command of
Allah Almighty, saying :
پ پ ( ( divorce: 1] any starting عدتهن in Cleanse no closer
in, so as not to prolong it promised, is a at Iqbal pair is
the request Kaha P Yeh sure his determination to divorce.
And the divorce duty كالمعلقة no closer, as in اإليالء.
And the divorce desirable to Tafratha the rights of God
in religion and created [(2)] .
Section II : Types of Divorce
The first requirement: Sunni divorce and innovated
Sunni and divorce: It is that overlooks s husband his
wife intake by reactionary and one shot in Cleanse no
intercourse with her in it nor in menstruation before with
counting menstrual intercourse in sin to Tstakb starting in
the kit is the view of the public, and this is better when
you tap.
Sunni and the Shaafa'is collect passport as long as
three shots were cleared did not have intercourse with
her in it, but is recommended limited to two shots in
Cleanse did not have intercourse with her in it.
The evidence for that is the Sunnah of the Messenger of
Allah ^, with the command of the Prophet ^ Ibn Umar
that what divorced his wife when she is menstruating, he
recalled that the age of the Prophet ^ said: «times
Fleuradjaha then fired pure» [(1)] .
And innovated Divorce: which involves remorse and sin,
tampering, and count as a divorce, which is:
1 Divorce done in menstruation or puerperal: a haram.
2 purity after divorce for intercourse when pregnancy did
not appear to get remorse with the advent of pregnancy,
this abomination.
3 Divorce sporadic and three combined or Iintan in cleared
and one for بالواحدة sufficiency, this also hated, and not be
forced to take her back in the abomination that when the
public except Shaafa'is [(2)] .
And the wisdom of that in the Sunni divorce passport
without innovated to be quiet so the decision shows fully
the desire to end the relationship.
The silent Syrian Personal Status Law to mention this, is
attributable to the Article
(305 conditions) have been counting this divorce is a
reality as he went him jurists audience.
The second requirement: reactionary divorce and
divorce irrevocably [(1)]
He says:) À À À e e e e ( [Al-Baqarah: 229] owns a husband
on his wife three shots, divorced her for the first time and
then the second without describe Bainuna was revocable
divorce, but it was irrevocable, and his statement:
Revocable divorce: Is the first shot and the second with
the absolute king of the pair re-married without a new
contract as long as in the kit, chosen for a and no.
And Divorce irrevocably: either divorced minor or major,
either irrevocably divorced junior: P is forbidden to
divorce the marriage contract in the case or the end of
the kit in the first and second shot, the husband the right
to take her back to his wife and Mehr new contract.
A divorce before entering or money or Enaah when the
tap or signed by the judge for not spending or because
.as we will show اإليالء
But as irrevocably: P is the third divorce three or pain n
e j marriage contract prevented its effects.
And no man can later restore the absolute to marital
only after the pair married last, a true marriage, and
enters the real incomes, then leave her or die for, and
promised it expires . Has proved the legitimacy of revocable divorce
and irrevocable Qur'aan and Sunnah and consensus.
The book quoted above says:) À À À e e e e ( [Al-Baqarah: 229]
.
Then he says:) eBay dd dd Ij Ih Im eBay eBay pages ( [Al-
Baqarah: 230] P between God that divorce may be its
irreversibility twice, the third divorced not permissible for
him to marry after another pair.
It is the year: «that Abdullah ibn Umar told him: he
divorced his wife when she is menstruating, he recalled
Omar Messenger of Allah ^, Vngaz the Messenger of
Allah ^ then said:« for review, and then maintained by
until she becomes pure, then menstruate فتطهر, the
seemed to him that fired Vlatalgaha pure untouched
before, then that is the kit as God commanded him » [(1)] .
The scientists have agreed consensus on the
legitimacy, and no one violates them [(2)] .
Revocable divorce cases:
1 divorce after entering the explicit wording once.
2 without divorce for money.
3 first and second divorce is thrice associated Balbinona
or rude or number intentional.
4 Divorce insolvency the Maalikis and pay when the
public without tap [(3)] .
Divorce cases irrevocably divorced junior [(4)] :
1 divorce before entering the truth, and not several,
says:) ژ ژ ڈ ڈ ڎ ڎ ڌ ڌ ڍ ڍ ڇ š š گ ک ک ک ک ( Ahzab: 49] . It is
apparent because it still did not live with her and divorces
her, Vahry the can not live with him in the future because
it would not be better off.
2 Correct divorce after being alone and should be preparing
cautionary prove descent, and there is no need for a
return to the above.
Rowe my age, he said: If you close the door and أرخى
Stra it may Dowry fully preparing them [(1)] . The TVR Dr.
Hanbali after divorce after reactionary alone.
3 reactionary divorce after the expiration of the kit
becomes irrevocable.
4 words metonymy function to confirm divorce, Benonth,
when the tap.
5 Divorce money is irrevocably divorced junior that was the
first time, a المخالعة.
6 Description divorce including shows Bainuna the like
saying: You are irrevocably divorced at all or are severe
or if the shot prescription بأفعل the preference indicative
of the intensity in the description or quantity, such as
saying: You are the greatest divorce divorced, most
divorce or are divorced shot كالجبل.
7 Band due اإليالء had Evi pair for اإليالء divorced his wife the
dowry shot Bainuna minor lapse of time. This is the view
of the talipes j of [(2)] .
8 band due to curse in doctrine father j Hanifa and narrated
from Imam Ahmad.
9 band because of backbiting and confinement Maalikis.
10 differentiate because of the defect when tap and
Maalikis.
1 1 differentiate because of discord and conflict when
Maalikis.
1 2 pair differentiate because parents enter into Islam
when Islam his wife when Abu Hanifa and Muhammad.
Divorce cases irrevocably [(3)] :
1 divorce CMOS for three that preceded two bullets then
sign the third.
Says:) eBay dd dd Ij Ih Im eBay eBay pages ( [Al-Baqarah:
230] . The third divorced not permissible for him to marry
after another pair.
2 divorce is associated with the three rude or frequent or
signal.
3 Divorce verbally explicit structure associated when three
Maalikis and Shafi'i and Ahmad novel.
4 Divorce money (المخالعة) in the third time Sawa E previous
divorce or مخالعة twice.
5 Divorce metonymy when Maalikis and Hanbali located
three even one kernel.
Syrian Personal Status Law, revocable divorce and
irrevocable:
Article (94): Every divorce is revocable only for
supplementing three before entering divorce, divorce and
text allowance on being irrevocably in this law.
Article (108): differentiate bug divorce بائن.
And Article (112 2) .. if it is proved damaging and the
judge's inability to reform their teams Wei counting this
divorce dowry shot.
In this way the law has provided for the five cases of
divorce irrevocable, and beyond longer reactionary
divorce, namely:
1 divorce III, and this is irrevocably divorced without
everything else (91 conditions).
2 divorce before entering.
3 divorce on the money or any other financial allowance.
4 divorce for illness and disease.
5 of discord and divorce damage.
The third requirement: three divorce [(1)]
Section I: divorce judgment associated with the number
three for a rude and signal the intention of:
General scholars agreed and doctrines on divorce his
wife and three Benontha divorced.
And went Ibn Taymiyyah and Ibn values of nuts that the
three divorces in one word which is located only one
reactionary, a novel from Ibn Abbas.
And Some Jaafarite went to divorce three word haram is
not located.
Quoted the audience:
Hadeeth of Ibn 'Umar: «But you divorced her three
times, has disobeyed your Lord and you pant your wife»
[(2)] .
He quoted who say that divorce and single retroactive
including narrated from Ibn Abbas, he said: the divorce at
the time of the Messenger of Allah ^ and Abu Bakr and
two years of succession Omar divorce three and one, said
Omar ibn al-Khattab: The people have been rushed in
order was for them the patience, if Oamadenah them ,
they Vomdah » [(3)] .
The face of reasoning:
Three that divorce was one at the time of the
Messenger of Allah ^, but Omar is the one who make it
three times the them to Xtharhm the penalty of it, It type
Tazir and the diligence of imams, Kzayadh of the forty
wine at the end of what most people do them.
Word of this inference that what he did age but it is a
signature piece of legislation after it was people repeat
the word divorce, intending to time, but repeat to confirm
the time of the Prophet ^ with the safety of their intent
and Taiwithm فيصدقون in the will of one, be aware caliph
Omar in his time to the will of repetition is not time
Vhmlhm it, which is narrated from the four caliphs and
the son of Abbas [(1)] .
Sayers quoted as evidence that he does not fall,
including the following:
Divorce fad forbidden and forbidden, and Fad-effective
and legitimate, that does not entail the rule, though
general conversations indicate that the ruling is the
occurrence of three.
Section II: refined divorce judgment [(2)] :
He called his wife three times to repeat the word
divorce, saying: you are divorced, you are divorced, you
are divorced.
The purpose repeating three of incorporation and have
fallen three times in agreement.
The The nuclei emphasis:
He went to the audience that one acceptance speech
for confirmation.
And went Tap: that Tqan three nuclei confirmation or
not, because every sentence rhythm fully with the
acceptance of the shop to fall, albeit Ed alleged
confirmation did not believe the judiciary, because these
words in the use of language and Shara to create a
divorce does not adjust for this by telling him, and
unbelievable, but it and condemns the incredible between
him and God because of the possibility.
But if divorced and did not intend anything:
1 went to the public that it is located three times, because
carrying the usefulness of the new iteration of a
campaign first to emphasize, it is not a new meaning.
2 Hanbali went to the one that lies heterogeneous not
among them.
And already the views of others as well as in associated
refined, as well as the evidence and discussion, and
weighting.
Section III: Syrian Personal Status Law and divorce three:
Under the Article (91): have a husband to his wife three
shots.
Under the Article (92): Divorce is associated with a
number of rude or signal is located only one.
Article (94): Every divorce is revocable only for
supplementing three, before entering divorce, and
divorce allowance, and the text being irrevocably in this
law.
The Court of Cassation promised (St. 129 120
14/03/1967) divorce of public order, it is not permissible
to agree on succession, however these articles have the
law had taken the opinion of Ibn Taymiyyah and his
student Ibn al-Qayyim, leaving the view of the majority,
and was the first to reduce the introduction of divorce
doctrine of the public, in my opinion as long as it came to
justice, فيعلم the people that decreases the color of the
divorce, and Ataa R. von among themselves matters of
divorce, and mitigation is left to the fatwa, because of
what Mufti is not the judge of fatwa various conditions
estimate its which did not provide by law.
However Article (94) identified irrevocable divorce, and
did not mention the associated number three or refined
the law has taken full opinion of Ibn Taymiyyah in the
promise of this divorce, one and a reactionary, which is
what was said by the Court of Cassation (St. 103 76
03/07/1963 ) which stipulates: divorce is associated with
the number located reactionary.
But the text did not refer to legal divorce refined should
his way comprehensiveness divorce is associated with a
number ..? Or is his way refer to Article (305), where
minted law?.
I went the Court of Cassation (St. 110 132 11.4.1957)
that is remote coverage of utter number of divorce
refined as between the laws of similarity in meaning and
intent and purpose, it should refer to the intention of the
law makers to explain its articles, and the strongest
reference the reasons Law of Personal Status Syrian,
including in paragraph (7): that divorce is not prescribed
rhythm at once, but proceeded to sign the payments
interspersed experience the couple lives of divorce,
because God said:) À À ( Baqarah: 229] . therefore provided
the Court of Cassation In its decision on the following:
Divorce repeated in the Council before passing the role
for the life experience of divorce is a divorce is one
multiplex.
Chapter II: divorce, the individual will: The first topic : formats of divorce :
The first requirement: the divorce frank and divorce
Alknaúa of the
The second requirement: Divorce writing, reference and
other
The third requirement: divorce المنج g and added to the
time and susp s divorce on the condition
The second topic : the intent to divorce :
The first requirement: divorce الهازل the
The second requirement: Divorce drunk
The third requirement: divorce المدهوش and Anger
The fourth requirement: Divorce impeller
The fifth requirement: fault divorce
The sixth requirement: personal status law and the
intent to divorce
Section III : Conditions overlooking BC overlooking Ge,
authorization and prosecutors in divorce :
The first requirement: Terms overlooking BC and
overlooking Ge.
The second requirement: Delegation of spousal divorce
metaphor permission.
The third requirement: the power of attorney in divorce.
The fourth requirement: divorce the messenger and the
message.
The fifth requirement: Personal Status Law, Jordanian
and Syrian Terms overlooking BC, overlooking Ge and
prosecutors in divorce.
The sixth requirement: arbitrary divorce.
Requirement seventh: Divorce patient disease death.
The first topic : divorce formats The origin and divorce all that it signifies or customary
cautionary language base of jurisprudence: Original in
Alabdhaa the prohibition, and if banning met and المبيح
may banning.
The first requirement: the divorce frank and divorce Alknaúa of the [(1)]
The use of word in a divorce, either to be blunt, and can
be either a metaphor.
Vabih is not likely to face divorce is the meaning of the
language or custom.
Went public shortens it outright utter the divorce and its
derivatives.
The Shaafi'is explicit that the three words, namely:
divorce, separation, and large, and derived from them.
And to the receipt of these words in Islam, which is well
known to use Shara and language to signify, it has
received in the Koran, he says:) À ہہ the À e e e e ( Al-Baqarah:
229] .
He says:) ژ š the š ک ک ک ک ( women: 130] , and said,
Come Z:) ۆ ۆ ۇ ( Ahzab: 28] .
And does not require pronunciation explicit intent to,
and divorce by a reactionary and one that not Mdjula out,
for the use and development of the street her divorce
with her back, Flo nuclei designation Re T in the Hanafi
and Hanbali without Shafi'i, Maliki is located irrevocably
structure and more than one structure also [(2)] .
The pronunciation Alknaúa:
, Potentially meaning of divorce and other language and
custom.
The words are many, including: You بائن, your order with
your hand, acetabular your family, go, Get out,
nationalist, cell, wild, petal, assaulted, Aestbri your
uterus, you are one. Such words tolerate divorce and
others, it is likely you بائن they divorced or she is beautiful
, as well as the order in your hand is likely that he
divorced her, a and they behave in her whatever she
wants.
General and went to the occurrence of jurists divorce
Enaah the condition combined with the intention, and
added Hanafi and Hanbali denote the case of hostility and
anger, the T indicates the will of the divorce took place
without the intention of the judiciary, and religion
between him and God was located only if the nucleus is
located.
Tap said: be irrevocable divorce in الكنايات The nuclei
divorce only in three words: assaulted and Aestbri of the
uterus and you are one.
Shaafi'is entertained and Hanbali hidden in metonymy
that divorce metaphor not only be a reactionary, even he
described Balbinona, as well as Maaliki with except
.the phenomenon الكنايات
Syrian Personal Status Law and the Court of Cassation
and divorce frank and Alknaúa the the:
Article (93): divorce explicit words which conventionally
without the need for faith, and locates words Alknaúah
which bear the meaning of divorce and other intention.
This is the article in its entirety pursuant to the
Shaafa'is of counting divorce metaphor reactionary,
because Frank is a reactionary if paired with Balbinona
not it is a fortiori be metonymy It was succeeded by a
reactionary, and that the law did not take Hanafi and
Hanbali doctrine to consider significant case.
The second requirement: Divorce writing, reference and
other
It can divorce in writing and indicate the sender, and his
statement:
First: Divorce writing [(1)] :
Divorce writing if to write M_na and drawn.
Second: divorce reference [(2)] :
The divorce reference usual and understandable dumb
reality for combined vote him impetus to the need for,
and serve as a spokesman.
In apparent when you tap the novel: If Akhras fluent
writing, not in Atd by reference, because writing is
informed of the signal, and this is contrary to the public,
but Hanbalis Fduha the first and only.
Third: Syrian Personal Status Law, writing, and noted:
Article (87): 1 divorce verbally and in writing and is
impotent them referring information.
Fourth: the sender's divorce [(3)] :
Divorce messenger for women absent once rhythm,
saying: told her بطالقها, though not up to it, because the
words of the Apostle words of the sender, but If her
divorce commented on the arrival of the Prophet to them.
This is a procedural relation to prove the occurrence of
divorce and rhythm, and the Syrian Personal Status Law
(85 P-2): It is permissible for the judge to authorize the
divorce, or actually authorizing divorce of married
eighteen years ago if you find interest in it.
This is ruled by the Court of Cassation (St. 80 793
20/09/1980): «install the reality of divorce is of public
order».
The third requirement: divorce المنج g and added to the
time and susp s divorce on the condition
Divides the divorce as phrased to: done and added to
the future and commentator on the condition, all of them
located at the audience.
First: Divorce done ( 1) : It is a marriage contract in the
solution case, Kcolh: You are divorced, or go to your
family's house intending to divorce.
Secondly: Divorce added to time [(2)] :
It is a marriage contract solution at a time, such as
saying: You are divorced last or next month, you are
divorced yesterday.
Third: the pending divorce [(3)] :
Is the order of divorce on anything is possible presence
[(4)] , using e n and sisters of the requirement tools,
whether progress requirement or delayed, provided it is
connected and intention.
Jaafari and went and the virtual absence of a divorce to
comment because it is not divorce the project, and if a
person comes is not a divorce, it is also not affidavit [(1)] .
And the separation of Ibn Taymiyyah and his student
Ibn agreed, between two values: that meant oath to do
induction or prevention of NATO rhythm divorce, he may
rule the right, and when you Perjury expiation right nor
divorce, and he called the formula section.
Or that the intended divorce are seen: if the pending
order it the most hatred upon divorce divorce takes
place, except that the divorce was the most it did not
count as a divorce, such as saying: The Zenit you are
divorced divorced, and he called: Formula comment [(2)] .
Fourth: Syrian Personal Status Law, divorce done and
added suspense:
Article (90): No divorce is not done if you only intended
to urge to do something, prevention from or used to use
to confirm the news section is not.
The Professor Abdul Rahman Saabooni this comprehensive article for divorce and commentator added, and it is no longer added accomplishing, because the additive enters the absolute intent because of divorce is done.
It is noted here that the law went doctrine of Ibn Taymiyyah and Jaafari and the virtual absence of a divorce only if the commentator was the fact that his will المكل P intention of divorce, as he went the doctrine of one of the two opinions from Imam Ahmad and virtual Jaafari in the absence of a divorce added.
The second topic : the intent to divorce The considered intent to conduct out considerable
religiously, this destination and intentions do not realize
only through the act apparent, who shows them and
installs it as the act apparent in charge is the one who
shows the intention and purpose, and if different
intention with his disposal feet as his disposal, because
his behavior is evidencing his intention, and there is no
way to realizing otherwise.
The first requirement: divorce الهازل the [(1)]
And absolute الهازل: is the pair given inadvertently
perform the words of divorce divorce on the tongue with
the intent inadvertently impact.
The majority of scholars to occurrence of divorce الهازل,
because the word does not need to express faith, and
quoted saying ^: «three matters grandfather and joking
is serious: marriage, divorce and taking back» [(2)] .
The second requirement: Divorce drunk [(3)]
Sugar: is impaired consciousness and perception for
what because eating schnapps haram or halal, which
scientists have disagreed:
The majority of scholars to divorce four drunken reality
if mahram sugar, but if the sugar without a mahram, as if
the medication he drank it and was mascara not divorce
is located.
Found in various doctrines opposed this view and said
non-occurrence of divorce drunk because he lost the will.
The third requirement: divorce المدهوش and Anger
Idiomatically: المدهوش is who does the act of
intentionally insane with the appearance of corruption or
thought goodness [(4)] .
Anger dementia predominance of delirium and mixing
seriously 1[( بالهزل( .
And appends Baldhish dementia of old age or sickness
or calamity Fjoth the [(2)] .
The views of scholars in divorce المدهوش and Anger [(] 3 ) :
Went public to occurrence of divorce المدهوش, and went
to tap non-occurrence of divorcing المدهوش and if we look
at the words of the public, we find them auditors do not
sign divorce fleeting mind, but disagreement Is المدهوش a
fleeting mind? The audience said: No longer, said tap:
go mind the predominance of delirium and mixing الدهش
seriously serious boob فأشبه final few rotten mixed speech
understanding measure that does not know what to say,
which does not want, and so angered and المدهوش.
The Anger: General jurists went to the occurrence of
divorce, and narrated from Imam Ahmad that he does not
fall, and the general jurists fleeting mind is not fluent, if
Anger may still mind that the unconscious or fainted not
divorce is located.
Evidence:
Inferred from the non-occurrence of said divorcing
:and angered that the Messenger of Allah ^ said المدهوش
Every divorce is permissible, but divorce boob knock on
his mind » [(4)] , and saying ^: «There is no divorce not
. in Close» [(1)] عتاق
Ahmad said: End: anger, because you do not have in that boob up to the point where not know what he says does not want him. As well as المدهوش and Anger's anger does not need two non-science including يقوالنه, but suffice the predominance of delirium as Ibn Abdeen said because the kinds of madness, and this of them because dementia [(2)] .
As well as the words of the Messenger of Allah ^: «Pen
is lifted from three: from the sleeper until he wakes up,
the boy until he grows up, and from the insane even
conceivable» [(3)] Every fleeting mind is not fluent It's so
.and sometimes also angered المدهوش
He quoted the public on the incidence of divorce Anger speech Khawla silent girl in it: the wrath of her husband, it is evident ones, missed the Prophet ^, and I told him so, and said: It did not want a divorce, said the Prophet ^: «What I see, but denied him» [(4)] , and it was zihaar such as divorce, suggesting that the divorce with anger and reality.
It also quoted that in interpreting the closure angry
vulnerable; Because divorce people do not only be in a
state of anger, Flo may not occur Divorce Anger, because
each had a saying: you angry, it is located on the divorce,
which is invalid, has narrated from Ibn Abbas and Aisha: It
is located divorce Ghadbaan, decreed by the collection of
companions [(5)] .
Which have swings that anger that reached rave should
not count as a divorce, because he's crazy, is not crazy
divorce agreement, As for what else is fluent, because
.the wise words about idle as possible ينزه
The fourth requirement: Divorce impeller
The definition of coercion:
Coercion religiously: defined Faucet saying: «carry
others to do the including Lynch satisfaction without
choice but may يفسده may No 1 [( «يفسده [( .
The views of scholars in divorce impeller : The
majority of scholars to divorce impeller does not fall for
lost Alarad of the lack of intent and design, selection, and
terms of the absolute be selected, if I hate a person
wrongfully to divorce his wife Vtlfez divorce is not meant
not located his divorce, but if the coercion against: Kxrah
of the ruling molar divorce after stalking if he did not
return a reality.
Tap went to the occurrence of divorce impeller and
health.
Evidence: quoted the public, saying the Almighty:) ڇ چ
ڈ ڎ ڎ ڌ ڌ ڍ ڍ ڇ ڇ ڇ ( An-Nahl: 106] denote verse clear that God
raised from the people sin of blasphemy if uttered by
their tongues were their hearts reassuring faith, and what
is the lowest of disbelief first to fall, including divorce [(2)] .
To it coercion say carry him unjustly not prove his ruling
on the word of disbelief if I hate it, but he said there was
no choice and I hate it void Falgo the [(3)] .
He quoted tap that Amomat Quran in divorce did not
differentiate between divorce impeller and chosen, shall
be deemed to reality divorce impeller Kalmkhtar
meaning:) eBay dd dd Ij Ih Im apolipoprotein E. Big ( The Cow:
230] and says:) پ پ ( divorce : 1] There is no reference to
that impeller divorce differs from other divorce.
The impeller Mukhtar while speaking full choice but it is
not satisfied with the judgment has been known two and
chose Ohonhma it indicates that his will correct [(1)] .
Evidence of the public discussion and tap:
What was understood by the tap of the general meaning:)
eBay dd dd Ij Ih ( [Baqarah: 230 ] shows the verse:) ڀ ڀ پ پ پ
( [Baqarah: 225] and impeller did not launch a cat, and
pronunciation absolute restricts Year Valhanafih They tied
this Alamomat did not sign the divorce minors and the
insane with the verses and said absolute to Aiga divorce to
interview the Messenger of Allah ^: «Pen is lifted from
three: from the sleeper until he wakes up, the boy until he
grows up, and from the insane even conceivable» [(2)] and
talk «all legal divorce only boob divorce» [(3)] and talk to say:
«There is no divorce not عتاق in Close» [(4)] and «God has
forgiven my ummah for mistakes and forgetting what they
are forced him» [(5)] , and the verses and hadiths not
function and the occurrence of the impact of coercion can
not oppose it.
The fifth requirement: fault divorce [(6)]
Pair could speak his words فيسبق his tongue to utter
divorce from inadvertently, or be unaware of or Sahia, or
that he intended to divorce, saying another meaning is
the meaning of the solution of the contract, as if to say to
his wife documented It يفكه: You are divorced intended
limitation.
He went four imams that condemns between him and
God is not divorce religion and opinion.
But in the court ruling, the divorce and the reality,
because the apparent talk of divorce, do not believe in
the disbursement of talk about the phenomenon because
of wise speak as he meant only to prove the evidence
what distract his talk about the will of the divorce, though
prove that he said have a jaw of the constraint, then does
not fall not eliminate religion.
The sixth requirement: Syrian Personal Status Law and
intent to divorce:
Article (89):
1 divorce is located not drunk nor المدهوش nor impeller.
is it indistinguishable from anger or other I do المدهوش 2
not know what to say.
The third topic : the utter and absolute terms, authorization and prosecutors in divorce
The first requirement: the absolute and absolute terms
Terms of absolute [(1)] :
1 mind: to ^ saying: «The pen is lifted from three
sleeper until he wakes up, the boy until he grows up and
mad even conceivable» [(2)] .
2 adulthood: the focus of the assignment to as Kamal
mind directory, there is a divorce boy is featured in
agreement.
3 choice: there is a divorce without the absolute desire.
Syrian Personal Status Law and absolute terms:
Article (85):
1 be the man enjoying the full capacity of divorce at exactly the age of eighteen.
2 judge may authorize divorce or permits divorce reality
of the adult married eighteen years ago if you find
interest in it.
Terms of absolute [(1)] :
First: a woman to be wife the truth: to be the wife of
the absolute absolute hold true after entering or before
the divorce takes place if he divorced her, and it is not
the divorce done on foreign agreement.
Second: a woman to be wife of judgment:
It is righteous retroactive divorce, the divorce takes
place in the promised view of the majority, and
irrevocably divorced righteous of junior is not subject to a
divorce when the public other than the tap and divorce
for the survival of certain provisions of marriage should
be alimony and housing ... Says:) ې ې dd ئا ئا ( The Cow: 229]
, a divorce and then he says:) eBay dd dd Ij Ih ( The Cow:
230] and ta to connect and comment so this text on the
incidence of third divorce after divorce.
Syrian Personal Status Law and absolute terms:
Article (86): Shop divorce the woman to marry true or
righteous retroactive divorce is not valid on the other
though divorce is pending.
As stated in the Court of Cassation: divorce or allowance
for المخالعة versus rights marital بائن, shall not be the subject
of absolute divorce (St. 64 45 2/28/1965 ) is the view of the
public without the tap, and in search of divorce comes in
the kit.
As this article went to Shafi'i and Hanbali doctrine in the
absence of a pending divorce on married woman, it is not
located them because it does not have a time when the
suspension of this right.
The second requirement: Delegation of spousal divorce metaphor or permit
The Islamic jurisprudence gave the woman and her king
the right to divorce according to the will and the will of
the marriage, that in the beginning of the marriage
contract or during According owned by one or more, thus
relieving women and save her in the special
circumstances of the consequences of this marriage, and
often the husband's permission assignment in decades
does not seem great stability and t where, which calls for
her husband's permission, otherwise Vgred the street
survival hates divorce wife.
Divorce definition language and idiomatically
authorization and coverage:
The mandate: it is the language : it delegated to
him: his response to it, and act with another, and to
negotiate: equality and Majarah in command [(1)] .
Idiomatically: is titling divorce wife explicit or
metaphor, with their being charged with adults عاقلين in
public opinion.
And frank, saying: Mketk طالقك, or making it to its will,
saying: You are divorced, if you will, or saying: yourself
.طلقي
The metonymy: Making it in her hand, saying to her:
your order with your hand, or Ibana yourself, or to a
selected her, saying: choose, though originally Implicit in
the mandate at the tap Contrary to the public and, if
mandate Babih the tap when too.
Authorization rule where forensic Description:
It is permissible unanimously [(2)] , and the origin of the
Qur'an:) e e e ÿ ÿ \ۆ ۆ ۇ ۇ ڭ ڭ ڭ ڭ ے�\ ے� ( Ahzab: 28] Making
chosen them Vobrhen ^ so [(3)] .
The evidence of that year ^ said Aisha, may Allah be
pleased with her: «I want to show you something like that
do not hasten the even تستشيري the parents said: What is
O Messenger of Allah? Read out the verse, said: AFIC O
Messenger of God, I consult my parents? But I choose
God and His Messenger and the Hereafter », Vndbha to
counsel was not prepared for a divorce, if they had
chosen [(1)] .
Indeed, with these words:
Hanafi and Maliki went to it بائن, and Shaafi'is and
Hanbali retroactive to it only if accompanied by including
shows Albenon of its Awad and utter.
He Hanafi, Shafi'i and Hanbali absolute mandate that
did not intend one-three, which is apparent, because it
does not exist for its number.
King of the mandate:
If authorized husband the right to divorce a people so
he has to and could not isolate it for the answer when the
tap, because it has its king the right to divorce, and the
content of the King can not interfere with it, not likely to
divorce back and annulment, and the presence of the
meaning of suspension in which there is potentially
irreversible [(2)] .
The third requirement: the power of attorney to divorce
Language: Agency: Oklh the power of attorney [(3)] .
And idiomatically: «make the establishment of a
divorce, but others still exists to prevent the pair from
rhythm» [(4)] .
The agency rule: valid pair agency divorce to someone who is not his wife, and is considered by the public agency is not a mandate.
The fourth requirement: the messenger, and the message divorce ( 1)
Definition of the message: that sends the absent
husband to divorce his wife with a man for informing,
located a divorce, because his words Kclamh.
And the occurrence of divorce message that says: teach
her that I'm divorced her, though no divorce takes place
telling her, because telling the occurrence of divorce,
Divorce and Tell reality or not, and can write her divorce
and send it, with it requires the occurrence of divorce
pronouncement.
The views of scholars in the divorce message:
Went public Hanafi, Maliki and Shafi'i in more correct and
Hanbali in the novel Rgehha In fairness to the requirement
of intent with books to locates his divorce, and their
argument that writing means Mvhma of Murad associated
with the intention, one of the letters in addition to
pronunciation located them, but as it is a metaphor and
non-explicit احتيج intent to them, If you spoke with writing
was frank.
The fifth requirement: Syrian Personal Status Law
and absolute terms, the absolute and prosecutors in
divorce
Article (88 Syrian AFP) [(2)] : for the husband to appoint
other divorce and authorizing women to divorce itself.
The Court of Cassation confirmed the (Room legitimacy
based on 39 43 decision date 06/02/1955 ) to divorce the
woman herself after the mandate is revocable only what
was irrevocably than stipulated by the law (Article 94) [(3)] .
What is the view of the law from the fact that divorce
reactionary commensurate with the purpose of
systematized in reducing the divorce as much as
possible, but the purpose of the mandate can not be
achieved here by making it retroactive, as its purpose to
get rid of women, which may expose them to risks in
marriage contracts are unstable, and therefore propose
to make it irrevocable.
The sixth requirement: arbitrary divorce (divorce for no
reason)
Doctrines of jurists to divorce for no reason:
Went public ( 1) In the novel, when Hanbali he
hated it, because it removes the marriage to
delegate that contains the interest.
Tap went [(] 2) that the parent in a divorce is permitted,
for the launch of the Quranic verses contained therein
meaning:) ە\ ە\ ڻ ڻ ڻ À À À À e e e e ( [Al-Baqarah: 236] and
divorce Prophet ^ to Hafsa, has done companions, If the
divorce is banned because they make it.
Has discussed public evidence Tap this and said: verse
to a statement legalization of divorce before entering,
before naming dowry, divorce ^ to Hafsa and divorce
companions after him did not prove that he had no need
or reason to it, and it seems that he was needed,
because divorce is no need to deny the grace of marriage
and harm the feelings of the wife of the reason.
Each if divorce occurs not need it or reason to it, it is in
agreement ( 3) , and the consequences in its effects as
well, which will come at the expense of preparing and
marital fun.
Syrian Personal Status Law and arbitrary divorce:
Article 117 (amended Article 16 of Law 34 of 1975):
If a man divorces his wife and show the judge that the
pair arbitrarily in divorce without what is reasonable, and
that the wife سيصيبها this misery and poverty , it is
permissible for the judge to rule on her Mtalgaha
depending on the status and degree of Tasvh
compensation does not exceed the expense of the three-
year-fold over the expense of preparing, for the judge to
make the payment of this phrase or monthly
compensation as appropriate.
Given in this article it appears stipulated conditions for considered divorce arbitrary, as stipulated in the Court of Cassation:
A be without reasonable cause.
B affects the wife because of the misery and poverty
(St. 53 36 1/31/1955).
Well I did the Court of Cassation, when merely not
explain why divorce is positive for the rule of fun, a
Shaafa'is to make asset and should be fun stipulates:
«not a statement pair cause of divorce, it is enough to be
considered arbitrary, does not cost an absolute prove not
to abuse because it denied absolutely can not prove the
evidence it »(St. 194 195 28 / 5/1960).
Requirement seventh: Divorce patient disease death
The disease may become familiar with someone does
not want to inherit his wife who shall divorce irrevocable,
and the highest jurists: divorce to flee, because the
absolute deliberately intended to be contrary to the
intention of the legislature, which should not be.
The absolute definition of the patient and cash
equivalents:
Is unable to establish his interests outside the home for
continuously increasing disease dominated by the
destruction and related death within one year or less.
And a healthy divorce to his wife, but the wife remains a
successor to him بطالقها irrevocably when Maliki and
Hanbali, and launched Maaliki inheritance her as long as
he divorced her escape from her right and her legacy
remains a successor to him even married than others,
and bound him Hanbali survival legacy unless married,
treated him بنقيض his purpose.
Tap went and Shaafa'is in the old to the unfinished
legacy promised, because it was originally The
reactionary divorced and inherited in the kit, the
irrevocably divorced is not the legacy of her, but here
inherit his escape, because of the legacy reasons
wedlock, Fterth.
The Shaafi'is to the lack of legacy in absolutely
irrevocable divorce, inheritance interruption reason does
not matter to his purpose and his account to God [(1)] .
Syrian Personal Status Law and Divorce patient:
Article (116): From proceeded cause of Bainuna in
disease death or in the case of predominantly like doom
obedient without satisfaction of his wife and died in the
disease or in this case, women in the kit, they inherit
from him, provided that continue their eligibility for the
legacy from the time of designation to death .
Evident the adoption of this article to the Hanafi and
quoted him adopting preparing for the length of time that
the inheritance in divorce irrevocably from mouse [(2)] .
Chapter III: The divorce agreement spouses (المخالعة)
Section I : Definition of dislocation and evidence is
permissible, and his reign.
Section II : Elements of dislocation.
Section III : Air dislocation and the views of the jurists.
Chapter III: The divorce agreement spouses [( 1 )] (المخالعة)Section I : Definition of dislocation and permissible evidence and judgment
The first requirement: dislocation definition language and idiomatically
Language: dislocation: agony with a deadline, divorce:
divorce women, including allowance or other المخالعة,
Altkhala and Alkhlah [(2)] .
And idiomatically: Band acceptance wife on an ad
hoc rather than the wording.
There must be a marriage between them, and accept
the wife to take off, but not limited pair him only true a
divorce without acceptance The nuclei of divorce and
divorce irrevocable not be 3 [( خلعا [( .
The second requirement: the evidence that it is permissible to divorce
From the Koran verse: ) ې ې ې ې ۉ ۉ ۅ ۅ dd ئا mm Iaúە ( [Al-
Baqarah: 229], there is nothing wrong khul when discord
and fear of women's lack of fairness of the man to create
his or image with تفتدي.
It is the year : that the wife of Thabit ibn Qays came to
the Prophet ^ said: O Messenger of Allah Thabet bin Qais
what carp in creating nor religion, but I hate disbelief in
Islam. said ^: «Otrdan him his garden? »She said: Yes. He
said: 'Accept the garden and divorced her Ttliqh the [(4)] .
The consensus: Muslims are unanimously agreed that it is permissible to divorce when Khovhma the injustice of the other two.
It is reasonable: that the husband has the use of
mosquito Balbda he can eliminate the mosquitoes, too,
because the dislocation pay damage women Vjaz often to
do so.
The third requirement: the rule of dislocation (forensic
Description)
Originally a hatred for saying ^: «Any woman who asks
her husband for divorce in is wrong, forbidden by the
fragrance of Paradise» ( 1) It is no messes ينزه reason with
him sapiens shall be hated.
With the exception of: The Case of the fear of not
establishing and commitment to the law of God says as
requested by the pair, if often a fear, so if satisfaction
first, in the verse:) ÿ \ۆ ۆ ۇ ۇ ڭ ڭ ڭ ڭ ے�\ ے� ( [Al-Baqarah: 229 ]
may dislocation and hates to take the money that was is
the reason nushuz or him.
Hanbali and went to the invalidity of dislocation The
for him, and the survival of marital earlier, the verse ضارها
ۈ ۆ ۆ ۇ ۇ ڭ ( : ( women: 19] and hates him to take in excess of
dowry in a public divorce.
Section II : Elements of dislocation 1 pair in charge : being an adult of sound mind
conditions shall be met selected.
And interdicted by the fiduciary wear it if the true ideals Mehr pony or less because it is free, if the divorce was first mosquitoes.
The receiving dowry guardian or values, but has not repudiated it, or take the initiative to pick him handed over to the pair, and if it is damaged in the hands of fools are received by the wife not guaranteed immediately and not after his senses.
The text of the Syrian Personal Status Law in Article (95/1): It is stipulated to health المخالعة that the husband is eligible for a divorce and women shop him.
2 wife is in charge of the absolute disposition of the
money : being very discreet selected, not right
dislocation deals, It is not a lesson in small words and
crazy for the absence of eligibility for admission.
The text of the Syrian Personal Status Law in Article
(95/2):
Women who have not attained the age of majority If Julat
not committed dislocation allowance except with the
consent of the Crown money.
For this the Court of Cassation states: If a husband
divorces his wife distinctive small dowry and accepted
launches not fall dowry (St. 235 232 09/06/1966).
3 Awad dislocation : it should be money Mtamola the
.manageable information to hand him over متقوما
The text of the Syrian Personal Status Law in Article
(97): All that religiously true commitment to
reconciliation rather be in divorce.
on marital rights and Syrian Personal Status المخالعة
Law:
Permissible to المخالعة on marital rights and dealing with
the dowry and alimony imposed and the past, cladding
and fun, and the expense of child custody and
breastfeeding .. If the boy she has died instead his .. If
Obeeft expense forced at his expense.
This is stipulated in Article 102 of the Syrian Personal Status Law:
1 if stipulated in المخالعة the exemption pair of taxi breastfeed the boy or his mother's condition constipation him for information and spending it Vtzojt or left the boy, because the spouse, equivalent to breastfeed a child fare or expense for the remaining period.
2 If the mother is insolvent time المخالعة the or Obeeft later, forcing the father at the expense of the child and have him be the mother.
Male instead المخالعة and alone and Syrian Personal
Status Law:
If a male instead to مخالعة fell all rights when Imam Abu Hanifa and necessary Awad on the wife to accept them.
This is stipulated by the Syrian Personal Status Law in Article (98): If the المخالعة to pony money is necessary performance and Almtkhalaan edema was acquitted of all right for the dowry and spousal support.
Mohammed said: fall what سمياه only is the view of the
public.
Not to mention instead المخالعة and Syrian Personal
Status Law:
If the مسكوتا of him : is subject to two novels when
Faucet, أصحهما: innocent from each other, there is no
given him something that caught her dowry thing, nor
demanding what is left, if the pony had arrested all Vosah
novels also demanding nothing, as stipulated in article
(99) of the Syrian Personal Status Law: If branding
Almtkhalaan not something time المخالعة the innocent
from each other dowry rights and spousal support.
Denied المخالعة allowance: If the wildcard in exile do
not drop anything from the rights and was irrevocably
dislocation.
This is stipulated in Article (100) of the Syrian Personal
Status Law: If Almtkhalaan said the exiled Suits المخالعة in
the divorce judgment and signed by the purely
reactionary shot.
Does not fall off the expense of preparing and habitable
without naming, if agreed to Suits Asagta, if the text on
alimony landed without habitation not fall even if the text
when the Hanafi and Maliki and pant it.
This is stipulated in Article 101 of the Syrian Personal
Status Law:
The expense of preparing and do not fall healed pair
Almkhala to the them unless expressly stipulated in the
contract المخالعة.
And also not fall the right boy Khoudana others from his
father instead of his mother if his promise rather than
true champion dislocation condition [(1)] .
This is stipulated in Article 103 of the Syrian Personal
Status Law:
If required men in المخالعة of constipation boy has a
nursery, true, المخالعة and condition and was champion for
legitimate Hadhanth taking it, and need to father
Bnafqath and incubation fare that was a poor boy.
4 formula in divorce:
Can be a formula explicit and that the wording
dislocation and Mufadah when you tap and correct the
Shaafa'is When Hanbali They annulment if the male with
money, so that the word divorce has repeatedly used on
the lips of the people of Islam to the will of separation
does not need to faith, as well as the word Mufadah and
match وروده in the Koran in meaning:) ې ې dd ئا mm ئا ( [Al-
Baqarah: 229] .
It is explicit: Coupling utter the words, dislocation of
divorce on money, or the word divorce was alone on the
money when Shafi'i and Maalikis are without tap.
Under Syrian Court of Cassation: Divorce vs. money is
not hear the where irreversibility suit (St. 202 236 مخالعة
09/21/1960).
And The metonymy Kcolh: canceled his marriage such
and such if we consider utter dislocation frank, shall be
canceled and similar every word is intended to divorce
metaphor for the band mosquitoes with the fact that this
word and other words Alknaúah in divorce in need of
faith.
No longer permeated speak little between the offer and
acceptance watershed مبطال the positive other than
whether many it hurts [(1)] .
The text of the Syrian Personal Status Law in Article
(96): each of the parties refer for إيجابه in the المخالعة
before accepting the other.
Suspension and added in the formula:
Dislocation can be done when or for how long format or any time you gave me you are divorced.
As well as if he said: If you or if you gave me as well as you are divorced Like the above, but requires immediate administration, as well as if the divorce would be associated with allowance to the time of the future, it is true.
Even began the wife filed for divorce a comment that, when ... Ktlgueni the well The netting was immediately replied of his royalty in part to the efforts of money riding interview the husband, and her back before his answer with the requirement to immediately answer, but said inaction is not essential [(1)] .
Back before the passport acceptance: the Hanafi and Maliki went to the inadmissibility refer to the wife's answer, while the re-entry may netting is as it is of its own.
The Shaafi'is and Hanbali that may return the pair إيجابه
before accepting his wife as Air dislocation that netting,
netting may refer the proposal before the issuance of
acceptance.
Which it Manst article (96) of the Syrian Personal Status
Law: each of the parties refer for إيجابه in the المخالعة
before accepting the other.
This is taking Shafi'i doctrine of Hanbali in Back passport before accepting wife.
Requirement for admission to gross wife:
Must not accept the wife verbally if there is already
speaking, it must be connected to the affirmative without
separating him or foreign words long.
The الخرساء ranks as Referring المفهمة the sufficient [(2)] .
Acceptance agrees with the positive:
May not be different acceptance for positive increase or
decrease, such as saying طلقتك thousand kissed Bolvin
and reversed, promised to Goa, the offense in the sense it
was not an answer, other than saying: Give me a
thousand she gave him two thousand, so that acceptance
answer YES if goes against it in the sense not significant,
The administration really can not answer, Valolv inside
Balolvin, has brought a thousand increase is not
considered [(1)] .
Section III : Air dislocation and opinions which jurists
The first requirement : Air dislocation
Stops determine dislocation conditioning on several
divorce or Vskha.
The counting divorce was netting the shop comment
because the formula netting, as in the saying: divorced K
or Khalatk thousand replied accepted, because it took
Awad versus King directed the competence it, and the
rest netting tinged comment because divorce is not
located only accept payment money.
The counting Vskha dislocation is purely netting
suspension does not affect the Kaptda sales [(2)] .
The second requirement: the views of scholars in count dislocation divorce or Vskha [(3)]
If dislocation word divorce: he went public to divorce
divorce بائن reduces the number of shots, because God
Almighty between Talaqan, after the verse:) À À ( The Cow:
229] suggesting appended to divorce, and when the tap
because it is a metaphor associated with money than the
richest of intent, and received her itself Balbinona.
As that if Vskha was Sah بالصداق only, because the
annulment should make allowance, which is true in all the
allowance, irrevocable promise they made the money to
have the same nor owned with her back, but if denied the
allowance was revocable divorce.
The Court of Cassation stated on several divorce
irrevocably stated: المخالعة is divorce بائن not affect the
irreversibility of the only party (St. 364 341 18/09/1966).
And went Hanbali and Shafi'i in saying that the
dissolution does not diminish the number of divorce, and
renew the marriage contract Petkrrh without limitation, as
they band بمعاوضة Vtkon Vskha, and the condition of the
Hanbali hindsight word divorce and annulment and
Mufadah to be Vskha with no intention of divorce, and
quoted verse:) À À ... ( [Al-Baqarah: 229] .
Chapter IV: divorce by virtue of the judge
The first topic : divorce and annulment of defects and
diseases.
The second topic : the differentiation of absence.
The third topic : the differentiation of the insolvency of
alimony.
Section IV : differentiate divisive and damage.
Chapter IV: divorce by virtue of the judge The first topic : divorce and annulment of defects and diseases
The origin of the marriage contract is free from
everything that disturb described as a feeling and a sense
of, not straightened as may arise from defects prevent
the stability of this contract, and I'll mention these
defects, then the views of scholars to prove the option
and the right of rescission and then mention the flaws of
modern and can be ruled then show the opinion of the
law.
The first requirement: Definition of Defects annulled by
And we begin the definition of sexual and physical
defects, and I will idiomatic Acronym tariffs.
Defects Nationality:
Darn: blockage of course male bone or meat so that it
is glued to not enter the male.
Century : meat or bone grows in the vagina prevents
the entry above .
mixing a urine Bmslk course intercourse and :اإلفضاء
Searerthma of the one attitude [(1)] .
Impotence: and Enein Keskin: from a deficit of women
does not come, Faan right and to the north, and is not
intended Almaty them.
Attached to the Shaafa'is Banin analogy: a large
machine so that it does not nine woman Hhevch, and
leads every woman and called Abalh, husband [(2)] .
Pit: a lump is male and testicles, and appends a eunuch:
It Majabub testicles.
2 physical defects:
Madness: Mind latency intermittent or permanent
illness, dementia and epilepsy, الخبل and obsessive
degrees of insanity.
Leprosy: Bug them blush skin or organ, then prevail
and crack stinks and pulsing and scattered.
Leprosy: whiteness very speckled if needle نخس
Output him no blood water, a white, or black, which is the
worst of a white introduction of leprosy.
Hemorrhoid: in crippling disease, and it is a cantilever
and it is gummy, which is either a liquid or non-liquid.
Fistula : is recessed sores occur in sitz dripped including
pus may be a window or not [( 1) .
The second requirement: the views of scholars to prove
option
Proven option for the pair, when the public Shafi'i,
Maalikis and Hanbali, Muhammad tap wife, provided that
the defect does not know Bmredha not accept it.
The Tap: there is no proof the pair have the option to
defect wife at all, because the interruption marital whole
death did requires an annulment with the intended
marriage did not happen, Fajtlal intended defects a
fortiori does not prove that option, because owed is
empowerment, which holds, and the Kims of the fruits ,
which is not obligatory.
And proven option for the wife defect pair unanimous
four imams, except when Ibn Hazm, there is no proof
option has never, and detail view of imams are two cases
before entering and after, and this is when the sheikhs of
Abu Hanifa, Abu Yusuf defects nationality without
physical and Mohammed with the public.
The third requirement: evidence and discussion
1 evidence proven option for the wife and the husband:
1 of the Year: Al-Bukhaari for Aisha, may Allah be
pleased with her: that a woman Refaah Qurazi came to
the Messenger of Allah ^ said: O Messenger of Allah,
Refaah divorced فبت my divorce, and I who gets married
after Abdel-Rahman ibn al-Zubayr Qurazi, but with such
?said: « Perhaps you want to be doing ghusl to Refaah .الهدبة
No, even taste Asiltk the and gastronomical Asilth the » [( 1) .
The significance: they claimed it impotence, Apostle
individual ^ her words presumed to return to the analysis
of her husband, did not prove her option, because
marriage is necessary, because due to the contract is not
too late [(2)] , but not the presumption to prove her
analysis option.
In any case, no يستقم direct inference of this talk, and
the first effects of inference companions or speech
Jawnah, and when that commit public opinion, for the
same evidence Sivkronha at reasonable.
2 Remove the Imam Ahmad Jamil bin Zaid said:
«associated elders of supporters, stated that he had the
company of said to him: Ka'b bin Zaid, or Zaid ibn Ka'b
Vhaddtna: The Messenger of Allah ^ married a woman
from Bani Ghaffar, when he entered her, put robe and sits
on the bed he saw Pkhhaa whiter, فانحاز the bed, and then
said: 'Take your clothes did not take anything which
Otaha the » [(3)] .
The significance : It is proven defect response by
talking Gecko, abides in the rest of defects compared to
the lepers, Mosque bug preventing enjoy and do not
check intended marriage [(4)] .
2 companions consensus: Roy Omar, may Allah be pleased with him that he spent in Enein to postpone years, as it only took him a full dowry.
And Ibn Masood like him, and Ali may Allah be pleased with them, like him, was spending the presence of the companions, one of them did not deny was unanimous, and this is what was narrated by Ibn al-Mundhir, the consensus of the Ancestors to say so [(1)] .
3 reasonable: prove option for women Ptnin pair,
because intercourse once owed contract on the pair of
women, and commitment to the contract when the check
deficit from sexual intercourse injustice and harm must
be lifted, because the disability prevents the outstanding
contract, God has said:) ڱ ڳ ڳ ڳ ( cave : 49] , ^ said: «do
no harm» [(2)] .
The fourth requirement: Syrian Personal Status Law and
defects
Article (105): The wife seek a separation between her
and her husband in the following cases:
1 If the one of anti ills of entry provided that safety is of
them.
2 if Jen pair after the contract.
The law is the right option for the wife without the husband is the view of the tap without the public and was the first realization of public opinion, both given the option to settle them in the presence of damage and abuse.
The law also has proven option in defects prohibitive from entering a drawback sexual, which is what the tap without the public, the law requires the safety of women of the defect inhibitor of access request to differentiate is the view of the public in the requirement of safety for proven option in the defect common فخص that there is no relevant defect المنفر, and the first option is a proven illness because the same rights recovery not Ievh بمطلقof himself, a face when Shaafa'is.
Has taken the doctrine of public law and Mohammed from the tap in tap without madness who did not Ateke positive for dissolution.
I noticed here that the public have proven option for
both physical defects, and madness which, فحبذا if the
legislator took the doctrine of a full audience, because
other diseases is more dangerous madness of it and
claimed to request termination of this contract.
Article (106) on the right terms to differentiate the bug,
stating:
1 drops of women's right to seek a separation owing to the
illness described in article Alsbakh if learned before the
contract or agreeing beyond.
2 that the right to differentiate impotence does not fall
under any circumstances.
This article is in its first paragraph is taken from public
opinion and Mohammed from the tap in part is madness,
Hanafi they do not miss their intended marriage is
intimacy, even though he missed this other important
purposes of the ills of the housing and affection ..
It is fully public opinion proved option بشرطي lack of
knowledge and dissatisfaction, and then show her
Shaafa'is option after the contract on condition of science,
and Maliki and Mohammed say when Hanbali proven
option after the contract at all, and this indicates that the
article had been taken doctrine Shaafa'is here, because the
incident is not due , as long as I learned and chosen by the
disease can not then be claimed by, even though I most
likely view of the majority say never بالفسخ are, because
the same rights may not be patient agrees to bear starting,
no one forced to endure what they do not want.
The distinction impotence has said is generally jurists,
and the uniqueness of Shaafa'is that science wife
existence does not fall choice, has taken the law in this
opinion, but Article absolutely did not distinguish between
for intercourse, even for once is the view of General
jurists, and between not having, something that did not
come out by the for the doctrines of law scholars, but we
can say that the law had been taken by the release, so
that intercourse right after her contract as before the
contract taking of الإيالء and the opinion of the tap when to
abstain from intercourse for four months longer for a
divorce.
The article identified (107) time of the dissolution of
which can be postponed or not, stipulating:
«If the ills mentioned in article (105) is not the demise
of the judge differentiates between the couple in the
case, though demise possible to postpone the case for an
appropriate period not exceeding one year, if not still
cause a difference between them.
This article is a distinction between viable demise of
diseases and healing between chronic incurable diseases
that can not be demise.
So I went back possible termination of the event in
diseases that do not go away and the Palace in Article
(105) anti diseases from entering intervened sexually
transmitted diseases and modern physical and dangerous
and prevented from entering such as heart disease fatal.
The diseases that can demise فيؤجل the where for a
year in order to Enein agreement, this law was circulated
in diseases that prevent access a nationality and the like,
but on the women's side, and added to the madness.
The fully-term and sacrificed the Court of Cassation this
stipulates: the wife must inmate her husband during the
period granted under Article (107 Reliable) (St. 457 450
10/27/1970).
The fifth requirement: the effects of proven option
1 annulment : If it is proven Advanced option on the
dispute, was the first impact from the effects of proven
option the annulment of the right to a spouse or to both.
2 postponement : If it is proven the only option may
not prove right of rescission to some defects, only after a
delay, فيؤجل Enein year when the imams of the four
schools, and after testing defect, delay bug but it is to
know the truth about impotence.
3 Pony: The band was before entering there is a dowry
when the public except on the tap, the lack of safety
originally held it, but not to check the meaning of the
contract.
When Faucet باتفاقهم: Before the retreat, her half pony
[(1)] .
But after entering:
Must be full dowry named when Abu Hanifa and Maaliki whether apostasy is Taiba after login or its substitute, because dowry is true, has the right shall contract settled enter, there is of further falls after him, and only lost the right to a dowry.
4 differentiate conditioning: This means that it is calculated to differentiate of three Vinqsa shots, or not.
Said Faucet, Maalikis: the band is located between the spouses divorce irrevocably calculated from the three shots.
The Shafi'i and Hanbali said: Located band Vskha do not divorce, not reckoned of three shots.
The Article (108) of the Syrian Personal Status Code: differentiate bug divorce بائن.
Which swing back this differentiation Vskha not divorce,
because it is not available where the meaning of divorce
and its provisions and cash equivalents [(1)] .
The sixth requirement: modern diseases and their
choice in the marriage contract
The modern diseases are almost above the limitation, it
is as well, including what is at risk lead to death, including
what led me to infection, including what led me to the
damage and pain, and through our topic opinion of
modern diseases are located on the body, leads to not
the married life, obtaining damage and infection, and
what is happening as a result of sexual reasons, and his
statement:
The diseases that me as her little damage, do not rule it either because they can be treated or because it develops not for her.
And some are very dangerous and lead to death: and this could see where proven option if before the contract when the contract was discovered and before him, abides in before entering option, as well as if they were not fatal but lead to death if not treated or detected.
After the contract is not the face of a proven option, because the marital life based on good cohabitation and be continuing, then more of Zuma before, and this in terms of money, but in terms of the rule of the contract was necessary annulment them but offers a money judgment decade because of damage resulting from the annulment of the marriage, as بالفسخ increase the exacerbation of the disease and destroy various humanitarian standards would then be dire Mancon to the existence of the marital relationship, but that certain conditions are met :
1 and must stop intercourse and touch the direct or indirect if the disease is contagious.
2 can not be long disease, long time for both spouses had the option of not having married life and I determine the year that time desired one بذاك.
In addition to this, I believe that the following measures
shall be taken to prevent the spread of the disease:
1 to enact legislation imposes on the couple to ensure the
safety of each decade ago as a medical testimony.
2 full quarantine on the patient's disease can not be cured,
and this is better than ending the marital relationship.
3 may enact or prescribed penalty supporter of the non-
implementation of the first action to highlight the medical
certificate and initiate the death or penalty supporter who
married an infected on the basis of tort liability for causing
injury other party proper, and so if the disease before the
contract.
The second topic : the differentiation of absence and loss
The first requirement: the definition of the absent
Scholars differed in determining the absentee:
Shaafi'is that he was at a distance of a full day walk
from sunrise to night, and like it when you Hanbali but on
the distance of the palace.
And went to tap it is absent from the Council or the country does not know the place.
And Maalikis to count absentee spent it is on the march of ten days and more.
The missing included in this however, particularly since you do not know his life from death and does not know his place [(1)] .
The second requirement: the views of scholars in the differentiation of absence and loss
Tap and Shaafa'is to not differentiate passport to the
absence of long-term or failed to come back or the judge
with his death after eighty.
Maalikis and Hanbali is permissible to differentiate the absence of a breakdown:
Maliki said: seen four years and then invoke several of death missing Valgaúb in Dar al-Islam postponed.
The missing households and polytheism Valley Land eighty and then invoke several deaths.
In the war between the Muslims after the secession of several grades and then invoke death.
The war with the infidels Vttrbes several years and then invoke death.
The absentee known place writes to him to come or to convey his wife to leave her or called.
Sent to alimony wait two or three years and then divorced, but did not send excused him and divorced shot reactionary, if Acer has reviewed, and only pant.
But Hanbali said: lying in wait for a woman lost in the backbiting that seemingly lack of safety four years and then invoke several deaths.
But lost in the backbiting which appear as requested trade safety science and Prison Valley ninety then invoke several deaths.
The absentee known as the place to the detriment of
Nuncio it may annulment after four months, and is to the
detriment of Nuncio six months after her annulment if
you are not his absence in the pilgrimage or livelihood or
jihad and asked his arrival did not come [(1)] .
And if he returned before the end promised it his wife,
as well as before he married her after promised, but if
returned after he married and before entering the second
is his wife, an agreement between Maliki and Hanbali, if
entered by missed him when Maalikis, and when Hanbali
was the first choice between returning to the previous
decade or take dowry paid by the second.
If found his death while preparing or after the
dissolution of the second marriage unless delights he did
not know the first condition.
The third requirement: evidence and discussion
Tap quoted and Shaafa'is including Narrated by
marauding bin Division that the Prophet ^ said: «woman
lost his wife even approach her story» [(2)] and Ali
mawqoof: «woman lost a woman plagued Feltsber the not
marry even approach her certain death» [(3)] .
He quoted Maliki and Hanbali including Roy at the age
of a woman who missed her husband asked Hafsa said:
Abnah how patient woman from her husband, she said:
Hallelujah, like you asked twice about this, he said: not
for that I want to consider the Muslims what I asked you!
Said: five months, six months.
,people in Mghazém of six marching months فوقت
staying four and marching months Returning.
This return to first after a questionnaire remain held as
Imam Malik said: not استحالل the broiler after excuses Sultan
as the marriage contract after the coming and he did not
divorce her did not die [(1)] .
The fourth requirement: governance and its impact بالفسخ
Maalikis a need to divorce the judge, image, judge-term
and end-term invoke several death without his permission,
if what began Badtha did not have a reference, as a
divorce Bashruaha iddah and checks into the second.
And Hanbalis that there was no need for the judge to
get an annulment or to determine the start of backbiting
or differentiating the kit, if ago period and preparing her
to marry [(2)] .
And make Maaliki this distinction a revocable realized
Benonth divorce to enter the second, and for her entry in
the kit, while the promise Hanbalis Vskha the [(3)] .
The fifth requirement: Syrian Personal Status Law and differentiation of absence
Article (109):
1 If the husband is absent without an acceptable
excuse, or a judgment of a prison sentence of more than
three years of jazz to his wife after years of absence, or
imprisonment to request the judge to differentiate, even
if it is money you can spend it.
2 This distinction retroactive divorce if he returned
absentee or fired prisoner and women in the kit has a
right to review.
And notes the text of the article: Jazz for his wife .. This
means that the passport is not obligatory nor falling once
backbiting, but this right between the realization of the
option or not, the chosen place and patience it may spend
as long as it is alive, if that his heirs returned by the death,
including spent after his death [(1)] .
It is noted that the law taking differentiating prison for
as worthy of this prison is considered the type of damage
to him, and because of missed inadvertently damaging is
the Hajj Jihad work and has the right to an annulment, it
is a fortiori is proven in prison for more than a year .. But
no doubt that from a prison oppressed should be different
rule.
The third topic : the differentiation for insolvency of alimony and not spending [(2)]
The first requirement: the views of scholars in the annulment of the insolvency of alimony and their evidence
If the left-handed pair maintenance (food and sustain,
clothing, housing) Vllzojh annulment of the marriage on
the doctrine of Maliki and Hanbali and more correct when
Shaafa'is and must assess the evidence on the insolvency
or to acknowledge بإعساره alimony, and proves that when
a judge or arbitrator, because the annulment replace
diligence must be the judge.
If you can not raise her to the judge they take your
.to necessity بالفسخ
Tap said: I do not differentiate between them likely for
the survival of the marital contract, and may delay the
right, and owe him something judge our Vtkon him to
come back the creditor to pair them.
The second requirement: to differentiate insolvency divorce or annulment
Nor is the annulment of the insolvency of a divorce when
Shaafa'is The Hanbali without Maalikis be deemed
revocable divorce if any left in the kit, and they must be
the judge of إمهاله three days or terminate the contract,
and have to go out of her house a time limit to collect
alimony and has nothing to prevent it.
And went Syrian Personal Status Law in Article (111):
«disperse the judge for not spending is revocable For the
husband to see his wife in the kit provided to prove his
left and get ready to spend.
This article is pursuant to the Maalikis of, but one thing
in which she said she agrees and learned بإعساره when
the contract falls right, which is the first in my opinion
likely favor the survival of the contract.
The text of the Syrian Personal Status Law in Article
(110):
1 wife may seek to differentiate if the pair declined to
present spending on his wife and did not have the money
apparently did not prove its inability to alimony.
He also sees: diligence Maalikis in compulsory alimony,
if not proven inability and answered nothing divorced
him.
The proven inability or was absent, the judge gave him
an appropriate period not exceeding three months, the
judge has not spent a difference between them.
The ruling came in blaming the attention of the judge
for the pair when Maalikis followed diligence, and
diligence signifies your convention in determining the
period, and therefore make the law of this period of three
months in keeping with the custom in the possibility of
change ten and found the same.
The third requirement: alimony extent necessary to negate positive for the dissolution of insolvency
The majority of scholars that, if possible, the husband to
give the wife's expense insolvent because he is poor not
terminate, because of maintenance necessary it is the
expense of the poor insolvent, nor become alimony in
excess of this limit we have it, unlike solvent and medium
if أنفقا less than the limit Nafqathma not terminate and
prove yourself in her Zmthma.
If this deficit reduction has proven her audience requested
annulment, the wanted Rdjatha the Maalikis it is not him,
but his ability to expense and not without it, if as is without
expense does not have irreversibility [( 1) , which is taken by
the Syrian Personal Status Law in Article (111).
Section IV : Divorce divisive and damage [(2)]
The first requirement: definition Bcakkak and damage
Damage: either to be him, and likeness of God: that
does not speak with them, or face manages about, or
Asabha and her father or have intercourse with her in her
rectum or beat beaten painful, and disciplined on this.
And can be either including: Kaaradha and Abosha and
words challenge them after Lin, and out of the تكلمها
house does not need them, and have them either.
The second requirement: the views of scholars in discord and damage their evidence
Gold faucet and Shafi'i and Hanbali that if the discord of
the pair عزره and literature, was hit for no reason, limited
initially forbidding, perhaps heal the case between them
is not Istohacha Ptazirh of the judge, and only عزره and
bring him near the confidence prevents him from
infringing on them, but if their even think it was
amended, the intensified discord sent Judge sentences
Bokalthma and their permission to divorce or khul,
although not Arzia Bagmin search did not agree about the
unjust judge them and literature.
The Maalikis that the wife the choice between
accommodation with injustice or divorce itself shot dowry
to lift her to judge if proven damage once, as if hit
severely They also have retribution, and in the words of
the Shaafa'is and narrated from Imam Ahmad, and
arbitrators Mulyan, meaning the two divorce that
Orteurah.
Quoted Sayers differentiating saying the Almighty:) ڇ ڇ
ژ ژ ڈ ڈ ڎ ڎ ڌ ڌ ڍ ڍ ڇ ڇ š š گ گ گ ک ک کک ( [women: 35] فيحكم
arbitrators including يريانه of interest either reform or
differentiating understanding Mulyan judgments and not
Bokillen .
He quoted Sayers not differentiate that the task of
reform provisions or differentiate between spouses
agency.
The text of the Syrian Personal Status Law in Article 11
2:
1 If one spouse claimed harm others by including not
canned him ten time, he may ask the judge to
differentiate.
2 If it is proved damaging and the judge's inability to
reform a difference between them is this divorce dowry
shot the.
3 If you do not prove damage postpone the judge the
trial for at least a month in the hope بالمص of arms, the
insisted the plaintiff on the complaint has not been
Magistrate Judge judgments of the people of the couple
and only those who see the judge the ability to fix them
and Hfahma right of the should do بمهمتهما fairly and the
Secretariat.
Article (113):
1 on the provisions that Atarafa the reasons for the
discord between the couple and Ijmaihama in Council
under the supervision of the judge not attended a couple
and not the arbitrators decide to call.
2 failure of a couple to attend the Council after the
notification does not affect the arbitration.
Article (114):
1 arbitrators do their utmost to reform between the
couple, If a deficit him and the abuse or most of the pair,
they decided to differentiate irrevocable shot.
2 The was T. abuse or most of the wife, or shared
between the couple decided to differentiate between the
optimal pony or a section of it commensurate with the
extent of abuse.
3 of the judgments to decide differentiate between
spouses with no abuse of one pair a clearance from the
Department of the rights of the wife if she agrees to do so
and had proved the provisions persistent discord between
them on the face can not be removed.
4 If the arbitrators disagreed, the judge ruled otherwise,
or annexation to the Third probable sentence and made
him swear right.
Article (115):
Provisions that taken the their report to the judge must
not be reasoned, and for the judge to rule thereunder or
reject the report and appointed in this case and for the
last time judgments of others.
Chapter V divorce ex-Shara and the law
The first topic : اإليالء Section II : zihaar
The third topic : the curse
Section IV : differentiate to change religion
The first topic : اإليالء
The first requirement: Definition اإليالء and his words and his
Sharia: NATO to leave God intercourse with the wife over four months.
And words اإليالء are:
1 words express Kcolh: No Ojamek, Otak ... With the Alliance.
2 words Alknaúah: it lacks the intention not to have intercourse, such as saying: Do not Olamsk.
Rule اإليالء:
And اإليالء haram, because it left the duty, and the
people of ignorance swear not to offer unto the wife of
the year and more Vidaha كالمعلقة is a husband or a
husband when he came Islam and his time God four
months, and originally sentenced اإليالء: verse: ) ٿ ٿ ٿ ٺ
ڃ ڄ ڄ ڄ ڄ ڦ ڦ ڦ ڦ ڤ ڤ ڤ ڤ ٹ ٹٹ ٹ ٿ ( [Al-Baqarah: 226 and
227] .
The second requirement: pillars اإليالء and conditions
Staff اإليالء five are:
1 oath: The pairs must be adult of sound mind imagine him having intercourse, and is selected when the public contrary to the faucet, and a Muslim when Maalikis and Alsahben contrary to the public is valid given dhimmi them.
2 Mahlov by the: required in Mahlov the be the name of the names of God or one of His attributes.
3 it Mahlov : He left a wife intercourse.
4 Duration : اإليالء the left intercourse for more than four months if NATO without four months is not valid and did not Mulia, even four months Pact Mulia was also when the tap without the public.
5 Format: to be the wording D. on explicit اإليالء was or
metaphor.
The third requirement: the effects of اإليالء
1 perjury before the lapse of four months Vtelzmh the
expiation right.
2 perjury mainland and grace to four months Faomrh
the Judge Balfaih and penance or divorce.
3 divorce from the judge that my father الفيئة or divorce,
and this is when the public and famous for the owner, and
in the words of the Maalikis: Expect wife, Mstdelan terms
ta ) ڤ ٹ ( [Al-Baqarah: 226] require delayed beyond what is
accepted by demanding Balfaih also after four months,
and divorce soon move duration.
The tap in the novel of the owner: divorce lapse of four
months no closer without spending, and carried ta on
causation, there is cause for delayed caused but mostly
comparison.
I said : The most correct view of the majority because
the Fa for comment, and comment on a possible deadline
remote cause and effect.
4 The majority of scholars are of the retroactive to
actually divorce whether molar divorced or ruling,
because the basic principle in divorce: it is retroactive,
unless shows Bainuna the evidence, as being
complementary to the three or before entering.
Tap went in the novel when the Hanbali: to it بائن,
because pay for the injustice and raise the damage and
rushes only Balbaún [(1)] .
The fourth requirement: Syrian Personal Status Law and اإليالء
No law stipulates provisions اإليالء, and in terms of a
material (305) is due to the Hanafi school, when
tolerated, has gone tap to count اإليالء divorce irrevocably
lapse of a four months, but an explicit law (AD 94): Every
divorce is revocable only for supplementing three divorce
before entering and divorce and text allowance on being
irrevocably in this law.
Section II : zihaar
The first requirement: Definition zihaar and his
Idiomatically : Is that like his wife or a member of
those who deny the wording does not expressly likely is
zihaar, or a metaphor word carries on zihaar intention [(1)] .
His legitimate:
The majority of scholars agreed [(2)] that zihaar
Muharram, and the promise of some of the major sins,
because it is evil to say and false استدالال words of
Almighty God:) ڃچ ڃ ڃ ڃ ڄ ڄ ڄڄ ڦ ڦ ڦ ڦ ڤ ڤ ڤ ٹ ٹ ٹ ٹ ٿ
ڇ ڇ چ چ چ ( argument: 2] .
The second requirement: Staff zihaar and conditions
Must in zihaar of the availability of the following pillars:
1 appearances. 2 manifestations of them. 3 formula. 4 Mhbh, and a statement:
1 appearances: The majority of scholars differed in
terms of appearances:
He said the Hanafi and Maliki [(3)] : appearances required to be a Muslim, is not valid unhide dhimmi, Shafi'i and Hanbali said the health of the epithelium, also not true unhide boy crazy and the lack of commissioning a condition of the mind.
2 appearances including: Hanafi, Shafi'i stipulated that
the manifestations of a wife.
He said Maliki and Hanbalis True zihaar of the foreign
also [(1)] .
3 Format: The formula zihaar either explicit or metaphor,
either explicit: it is the word that goes out directly to
zihaar without regard to intent.
Kcolh: You Kzar to my mother, and the origin: Atiank Ali
(me, me, me) is like riding the back of my mom delete
added: Etienne.
The metaphor: it is, according to his intention, if he had
wanted to verbally zihaar went to zihaar, and if he did not
intend zihaar not be zihaar, because it has to be verbally
dignity and respect, and words metaphor: saying: You're
like my mother or Kami A and Kugeha or Krouhha.
4 Almhbh: jurists stipulated to be of the genus women
denied it on التأبيد to descent and intermarriage and
breastfeeding, as his mother, daughter, sister [(2)] .
The third requirement: the effects of zihaar [(3)]
Four imams agreed it deprives appearances intercourse
with his wife before the atonement, as well as depriving
him great touches intercourse and look lustfully kiss and
so the majority of scholars, unlike شافعية.
He quoted majority of scholars on the prohibition of
intercourse, saying the Almighty:) ژ ژ ڈ ڈ š š ( argument: 3]
and saying ^ apparent to those of his wife: «not seduced
even Tf for what God has commanded» [4] The absolute
prohibition of prohibition Fidel that the sanctity and below
before intercourse Atonement.
The fourth requirement: Syrian Personal Status Law and zihaar
Did not provide the personal status law Syrian rule
zihaar shall be covered by the rule in terms of Article
(305) conditions, which require reference to the doctrine
of the tap with silent about the law, and zihaar also
passed provisions according to the different points of
scholars, which is not divorce but needed the atonement
and lute and not to harm wife .
The third topic : the curse [(1)]
The first requirement: the definition of curse
Idiomatically : certificates uncertain faith and curses
instead of myself tossing and adultery [(2)] .
It pays for itself by faith extent adultery, and pays for
itself by faith extent ejaculation when thrown adultery
without witnesses, coupled with anger and cursed God for
them, as stated in the verse.
The second requirement: the legality of evidence curse
From the Koran: the verse:) e ÿ ÿ ۋ ۋ ۇٴ ۈۈ ۆ ۆ ۇ ۇ ڭڭ ڭ ڭ ے� ے�
ې ې ې ې ۉ ۉ ۅ ۅ dd ئا mm ئا Iە Iە Io Io Iۇ Iۇ Iۆiۆ Iۈ Iۈ Iې Iې Iې eBay
eBay eBay dd dd Ij Ih ( Light: 6 9] and a clear indication of the
verse and that of his wife of adultery and threw him no
witnesses complete four on their it يالعن the terms of his
wife as stated in the verse.
It is the year : the reason for the revelation of the
verse mentioned: «Hilal bin illiteracy shot his wife when
the Prophet ^ partner Bin hquploader, said the Prophet
^: «of evidence or end in the back, said, 'O God's
docking: If one of us on his wife saw a man starts to seek
evidence ? Making the Prophet ^ says: «evidence and the
only limit in the back, he said, Hilal: who sent you with the
truth I am Sadik, Vlijnzln the what God clear the dorsal
limit, Gabriel sat down and sent down to him:) e ÿ .. ( [( 1) .
The consensus : in session to introduce Balan as being
between couples [( 2) .
The third requirement: Staff curse and caused
Four pillars are:
Almtlaannan formula and why and this is when the audience, and when you tap for suffered the corner and a single certificate confirmed perjury.
The cause is one of two things:
First: the husband of his wife, including extrusion requires far as adultery: that says his wife: Aaszakh or Zenit or saw you Tznin, the judge or prosecutor when he saw her do adultery has no witnesses, a reprehensible for adultery.
The second: percentages denied even from intercourse with suspicion or marry a corrupt, that says: This boy is not from me or adultery, either immediately after birth or in the days of congratulations, and then the denial is not valid and true curse.
The fourth requirement: the rule of curse 1 The rule curse is to differentiate between the spouses
otherwise without saying ^: «Almtlaannan if dispersed
never meet» [(3)] .
2 differentiate time: tap located said band dispersed judge
after to Aanama.
The Hanbali, Maalikis and exhale and said: Located
band completion curse.
The Shaafi'is to access pair Belaan and alone.
3 band type: this eternal band at the audience and said: is
eternal band is not permissible for him then because they
terminate no divorce.
It divorce بائن the at the Abu Hanifa and Muhammad,
the same pair lie Fjeld limit or lied to the woman herself
and charity Jazz marriage between them and mix.
The fifth requirement: Syrian Personal Status Law and curse
The curse though less in many Muslim societies is a
serious matter in the family, should be addressed by
avoiding the causes, has suffered the Syrian Personal
Status Law in Article 129, which stipulates:
1 each wife was born in the right marriage attributed to her
husband following two conditions:
A to go to the marriage contract less the duration of
pregnancy.
That does not prove lack of convergence between the
spouses are felt as if one of the spouses was a prisoner or
absent in a given country over the duration of pregnancy.
2 If negated one of these conditions does not prove the boy
ratios of the pair unless acknowledged or claimed.
3 If the availability of these two conditions are not negate
ratios born in the pair, but Balan.
This article may be required to prove descent three
conditions:
1 Marriage correct.
2 move less for a six-month pregnancy.
3 proven sense of convergence between the spouses.
If proven these conditions does not negate the boy, but
Balan, and understands from this that the law provided
for the curse to deny proportions these conditions, and
silent on the curse to throw the husband his wife of
adultery, the second reason for suffered, as silent on
differentiation and the rule of differentiation, and in
accordance with Article (305 / conditions) be tossing the
reason for the wife suffered which jurists agreement,
which is due to the doctrine of the tap.
Section IV : differentiate to change religion [(1)] The first requirement: differentiation of apostasy
Definition of apostasy idiomatically : are leaving the religion of Islam to any other belief or words or actually, Kmnker Creator and playboy slogan slogans of Muslims or المستهزئ, then show the ruling by Islam, revealing Hbhth and for him to يستبين Hbhth and reveals to him, and locked with the deadline, otherwise kill the governor, without women not kill it when the tap and kill when the public [(2)] .
Terms of the apostate:
And requires two conditions in apostasy:
1 reason: there is significant impermeable crazy and the
boy who does not make sense, because the mind of civil
strips beliefs.
And drunken apostasy is not valid because it is fleeting
mind and is not valid inexpensive apostasy Kalnaúm the
insane, and Asttib three days.
2 choice and voluntariness: no significant impermeable
impeller agreement if his heart was reassured by faith [(3)]
.
The views of scholars in the apostate marriage contract
and their evidence:
The audience went to the dissolution of a marriage impermeable one spouse without the need to spend a judge before or after.
The Shaafi'is and Hanbali in the healthiest two versions that rose a couple before entering predicted band on the spot, but after entering located band suspended incomplete, the returned apostate them while preparing long as the marriage between them due to make sure the marriage contract to enter, although no longer even finished preparing Valvriqh reality While apostasy.
Quoted the public that apostasy is like death Festua the the pre-entry and beyond, and privacy existed before and after the entry.
And quoted Shaafa'is and Hanbali that apostasy after
entering not oblige accelerate the annulment analogy to
Islam a couple, and also because they rose to fuck
emergency intake, there lies the band immediately
compared on both Artdadahma.
Effects of apostasy:
1 differentiate conditioning : the audience went to
counting differentiate Vskha the, is the view of for
Maalikis. Imam Muhammad went and Maalikis that Rose
husband divorce بائن.
2 dowry: the majority of scholars agreed that the wife
Rose before entering falls fully dowry, and the pair rose
before entering the wife had half a dowry, and if the pair
bounced or wife after entering Vllzojh the full dowry.
3 alimony: If no expense wife wore it during the kit, and if
the pair bounced it may alimony.
4 kit: unanimously agreed to the kit zoom wife intake, and Maalikis that several women menstrual cycle counterattack and one for uterine استبراء, because they are not worthy of worship, but if the husband is the apostate they invoke several complete.
The second requirement: to differentiate one spouse to Islam or not
Islam couples together:
If Aslam couple together read on their marriage contract if they had conducted their contract without witnesses, or the contract while preparing a non-Muslim man at the public, and when Alsahben not agree upon, but Ajaddedana.
And recognize the agreement on their contract if they became Muslim has promised ended.
This is provided that they be not utterly destroying كأخته
built .... Agreement [(1)] .
Islam a couple:
Went public that if one of the spouses safest and were
is كتابيين or woman converted to Islam biblical view of
Islam on the other two the safest they continued on their
contract.
If my father the other difference between them If the
Mdjula has only pant directly for not preparing.
And went to tap it displays on the other hand both Islam
refused difference between them, even the safest pair
was written مجوسية became continued نكاحهما the [(2)] .
Air differentiate Islam a couple:
Went public and Abu Yusuf that if the wife converted to
Islam and the pair refused Islam between the two teams,
and was separated Vskha the before or after, because it
is not a band where the word divorce nor intention was
the Vskha.
Tap said: The divorce is irrevocable, even the safest yet
to differentiate between them and then hold them left
him two bullets, though my father is entering Islam was
not in writing between the two teams, and the band was
Vskha agreement with the public.
And a guide to differentiate the verse:) À À À e e e e ÿ \ے� ې ې ېې ۉ ۉ ۅ ۅ ۋ ۋ ۇٴ ۈۈ ۆ ۆ ۇ ۇ ڭ ڭ ڭ ے�\ ye ئا ئا Iە Iە Io Io Iۇ Iۇiۆ Iۆ I
E. apolipoprotein E Yi dd Ijih mm Im Iyi Big Bh ېI ېI ېI ۈI ۈ
squirt beam ( Allah forbids: 10] He consensus of the Muslims
[(1)] .
The third requirement: Syrian Personal Status Law and differentiate to change religion
According to Article (48) P-2 conditions: a non-Muslim
Muslim marriage void.
This means the requirement that the husband is a
Muslim to be only the stability of his marriage and his
contract was void, if the husband was a Muslim and then
became a non-Muslim bounced the dissolution of his
marriage.
Chapter VI effects of divorce
The first topic : the effects of divorce, according to
types.
The second topic : the irreversibility and provisions.
The third topic : the kit and provisions.
The first topic : the effects of divorce, according to the types
The first requirement: implications for revocable divorce
1 of the husband the right to take her back after divorcing
his wife in the first and second shot without a contract
and a new mahr yen in the right contract, and without the
consent of the wife as long as women in the kit, but that
did not audited in preparing him pant pant E. kit.
2 prove her alimony and housing as long as in the kit, the
verse: ) o ٻ the پ ٻ ٻ ٻ ( Divorce: 6] .
3 proven legacy between the death of one of them during
the kit.
4 sanctity combine them with her aunt or her aunt during
the kit.
5 reduces the number of shots is owned by the husband to
the wife.
6 reactionary divorce does not raise the king, nor the
solution but does not enjoy never when Maalikis, Shafi'i
and narrated from Ahmad, there is no intercourse unless
audited by saying [(1)] .
The Article (118) of the Syrian Personal Status Law as
follows:
1 reactionary divorce does not remove the marriage, the
husband that his ex-wife during the review kit ...
2 shows women and interrupted irreversibility lapse of
several revocable divorce.
The second requirement: the effects of divorce irrevocably divorced junior
1 demise of King enjoy women in the case as soon as it
happens, he does not have to be alone with her, and by
protecting oneself from it.
2 survival resolve the contract by a new contract with a
new foal.
3 n Cut the number of shots that is owned by the husband.
4 solves deferred dowry that was deferred in whole or in part.
5 Lack of inheritance between the death of one in several divorce irrevocably to break marital life , L. A. If divorce in the event of disease death For details, Ftert when the tap during the kit, and the Maalikis even married to others, and when Hanbali remain a successor is not married, nor inherit something when Shaafa'is the.
6 alimony should be accorded to dowry that she was pregnant, though not pregnant in her alimony and accommodation at the tap.
And went Malkiya and Shaafa'is and Ahmad in his novel
to her habitation only. And Ahmad in another novel does
not have the expense or accommodation [(1)] .
The Article (119) of the Syrian Personal Status Law as
follows: «Divorce irrevocably without three eliminates
conjugal off, it does not prevent the renewal of the
marriage contract.
The third requirement: the effects of divorce irrevocably
The effects of divorce irrevocably divorced junior ensue here in divorce irrevocably but separates him that it is not permissible for the husband only after they marry another inadvertently analysis and then divorce her and move promised goes back to the first contract, the wages of new, with endless shots only after the demolition of the other [(2)] .
Under Article 120 of the Syrian Personal Status Law: «of divorce CMOS for three eliminates conjugal off, and prevents the renewal of the contract unless there strips set out in Article 36 of this Law.
This is a reference to the interim taboo If married to
other Jazz (36/1)
Article (36):
1 may not be a man marries a woman divorced her
three times only after the expiry promised another pair
already entered into.
The fourth requirement: the demolition of the divorce to marry another [(1)]
And that if a woman divorced from the second after the first divorce from once or twice, and then returned to the
first Will return to dissolve a new three shots or return to what is left of the shots?.
Went public and Imam Muhammad from the tap and novel preponderant from Imam Ahmad back to what is left of his shots because God in saying:) Im eBay eBay
pages ( [Al-Baqarah: 230 ] Make marry another until the end of the large privacy Fahedmaa.
And went sheikhs Abu Hanifa, Abu Yusuf and narrated from Imam Ahmad: To return to dissolve the new three shots, because the three Ahedmn بتزويجها from another and then divorce her and promises to the first, and without three first demolition of the three.
Which it Manst article (36/2) of the Syrian Personal Status Law: «Absolute marriage of last destroys former spouse if shots were without three, if returned to have three new».
The second topic : the irreversibility and provisions
The first requirement: the definition of irreversibility and legitimacy
Idiomatically : Re wife to infallibility of marriage
before its demise.
And in preparing, because infallibility of marriage exposed to the demise of the establishment of revocable divorce is not irrevocably If you see the husband of his wife during the kit in the first round or in the second returned
to the infallibility of his marriage without a contract and a new dowry [(1)] .
The legality of irreversibility:
Has proved the legality of taking back the evidence:
1) Holy Quran: the verse:) گ گ ک ک ک ( [Al-Baqarah: 228]
any in the kit) ڳ گ گ ( [Al-Baqarah: 228] If you are taking
back [(2)] .
And says:) À À À e e e e ( [Al-Baqarah: 229] reply and
constipation are taking back.
2) supervising of the year : saying ^ Mrs. Hafsa:
«Jibreel said to me: See Hafsa, they Soama the the
stewardship, and it is your wife in Paradise» [(3)] .
And remove the sheikhs from Ibn Umar: he divorced his
wife when she is menstruating, he asked the age of the
Messenger of Allah ^, the Messenger of Allah ^: «times
Fleuradjaha» [(4)] .
3 ) consensus: The ummah is unanimously agreed on
the legality of irreversible husband to his wife in the kit in
the first and second divorce unless unfinished kit [(5)] .
4) reasonable: God make divorce judgment too late to
try a husband and wife band Aarafa a range need to
Aachehema the joint sessions can be remedied co-
existence in them, not to cultivate was the first
separation [(6)] .
The second requirement: Staff of irreversibility and caused
First: caused by: The reason for taking back the
reactionary divorce first or second wife, the husband
have the right wife during the review kit.
Secondly: irreversibility Staff:
1 discards pair: it requires a civil marriage: puberty and
mind, and to be selected is an apostate, because the
irreversibility such as the establishment of a wedding, it
is not valid with the apostasy of aversive is not valid or
crazy, and reviewing the guardian rather than mad.
2 Format: may be express or Knaúah , and gets explicit:
Braszatk and Rdjatk and Astrdjatk and Rddtk and أمسكتك
and derived thereof and, in a sense, with the addition to
the formula, as apparent: Kradjat so and so, or implied:
Krdjatk, or refers to: attributed this.
And The Alknaúa: like marriage and marriages, as and
valid Balahar the e المفهمة of dumb.
Already do not get alone with no intention flashbacks
when the Maalikis, and without intent to get her back
already at the Hanafi, Hanbali and son gave Maliki,
Hanbali and the Palace of the act have intercourse
without anything else.
Do not get her back already never the Shaafa'is, because intercourse is not an indication of irreversibility, because it does not get him married, and intimacy requires the kit is
not interrupted, but they said: mixing the wife بالخلوة them and eating them without intercourse is Mstafrha her, not calculated this time from the kit.
It was understood that the public revocable divorce does not deprive intercourse The solution remains what not denounce the kit.
3 bounced wife: when the public must be absolute
revocable divorce is بائن, did not meet after a divorce [(1)] .
The third requirement: Syrian Personal Status Law and irreversibility
Article (118) on her back: P 1 reactionary divorce does
not remove marital For the husband to see his ex-wife
during the kit by word or deed, do not fall this right
projection.
It turns out that the law had taken the opinion of the
public in the health of taking back already.
Under the second paragraph after the end of taking
back the end of the kit stated:
2 shows women and interrupted irreversibility lapse of
several revocable divorce.
The third topic : the kit and provisions
The first requirement: the definition of the kit and the evidence and the wisdom of legitimacy and caused and start
Definition kit idiomatically and judgment and evidence:
In the terminology : Sneak illegal from divorce or
death or dissolution or trampling on suspicion of [(1)] .
This internship is a legally specified period where
women wait in mourning and the innocence of the womb
. )] 2 [( تعبدا
The rule of preparing and legitimacy evidence:
The kit religiously due to intake of women, or المختلى
when public without Shaafa'is or whose husband has
died, and it is obligatory guides are:
1 Qur'an: 1 verse in several divorce:) چ چ چ ڃ ڃ (
[Baqarah: 228] ., and he says not preparing before
entering:) ژ ژ ڈ ڈ ڎ ڎ ڌ ڌ ڍ ڍ ڇ š š گ ک ک ک ک ( Ahzab: 49].
2 In several death:) o ٻ the ڀ پ پ پ پ ٻ ٻ ٻ ( [Al-
Baqarah: 234] .
3 In several small and Alaash-pregnant: ) ې ۉ ۉ ۅ ۅ ۋ ۋ ۇٴ ۈ ۈ
ې ې ې Z ئا ئا Iە Iە Io Io ( Divorce: 4] .
2 Year supervisor: the names of the girl over bin
housing Ansariyya may God bless her: she was divorced
at the time of the Messenger of Allah ^ was not an
absolute number, Allah Almighty revealed the names
while divorced iddah of divorce was first revealed which
to prepare for divorced [( 1) .
This is a reference to the verse:) چ چ چ ڃ ڃ ( [Al-Baqarah:
228] .
Al-Bukhaari that سبيعة Aloslmah asked: «how Prophet
Avtaha ^?. She said: Avtani If you put that shag » [( 2) .
Any developed to carry.
The ^ said: «It is not permissible for a Muslim woman
who believes in Allah and the Last Day should limit over
three days, but her husband four months and ten days» [(
3) .
3 consensus: the ummah is unanimously agreed on
the necessity of preparing the wife of the deceased by
the absolute, and expiration promised the lapse of time,
even without her knowledge ( 4) .
And went Syrian Personal Status Law in Article (126):
No kit required before entering the right and being alone,
but of death.
The wisdom of the legality of the kit:
The first purpose of the kit is pure devotion to God
Almighty in his compliance with it can استبراء one uterus
Lakedh and although it is no secret what in the three
Alkaroe of many lamented rule not to raise suspicion.
And see the innocence of the uterus, lest lineages are
mixed with each other, and maintenance of their loss, a
than it is keen .
And localization of myself for a couple on the
perpetuation of the contract and not be subjected to
disturbance to يحصال interests of marriage, where find a kit
what Aalmanma, and could Ienaa him, Faauda what
signed the good opinion in Oud [(1)] .
Reason for the necessity of preparing [(2)] :
1 band between spouses for divorce or dissolution of marriage after the entry of incorrect or corrupt or intercourse suspicion agreement, or right after the retreat when the public unlike شافعية.
2 death of a spouse in the marriage contract is true, whether small or large wife or husband was young.
3 adultery requires the kit when Hanbali also Maalikis and but Lakedh one, and several them when tap and Shaafa'is.
And went Syrian Personal Status Law in Article (121): Several non-pregnant women to divorce or annulment as follows:
1 three حيضات the full participants who menstruate, they do not hear suit women Bannagdaúha the three months before the divorce or annulment.
2 years extended full purity that no menstrual Ajiha, or came to her then interrupted and did not reach menopause.
3 three months for Isiah.
In Article (122): Rotten preparing to marry after the
entry under the provisions of the preceding article.
Start preparing:
General jurists went to the principle of preparing
divorce, annulment or death learned women do, or do
not, and that if ever the time of preparing and then
learned of his death or fluent has elapsed promised.
As for the marriage in the rotten start preparing from
time to differentiate from the judge or from time
Almtarkh, tongue, saying: let you, or fluently, or denying
marriage بحضرتها, otherwise contented himself with
distinction with chilling [(1)] .
The Article (125) of the Syrian Personal Status Law:
Start preparing from the date of divorce, death or
annulment or judicial separation or irony in marriage
rotten.
The second requirement: Types of preparing
Kit developed pregnancy [(2)] :
The majority of scholars agreed that a pregnant
righteous promised develop pregnancy ends statement in
full, whether iddah of divorce or death, even if the situation
after divorce or death moment, and some went to they
invoke Bibad the term of death or divorce, pursuant to
both guides.
The evidence must be of this kit:
Says:) ئا the ئا Iە Iە Io Io ( Divorce: 4] any expiration عدتهن
placing their pregnancy, to obtain a patent uterus
situation.
This verse dedicated to the verse:) پ پ پ پ ٻ ٻ ٻ ٻ ٱ
چ چ چ ڃ ڃ (:and dedicated to the verse , [Al-Baqarah: 234] ) ڀ (
[Al-Baqarah: 228] , as it drove pregnant, they made
promised put her pregnancy without Trbesha for several
of the deceased about the specific or absolute.
And its catalog of the past year in an interview سبيعة the
Aloslmah, and what her Prophet ^.
And went Syrian Personal Status Law in Article (124):
Several pregnant continue to carry mode or dropping
M_na the some members [( 1) .
Preparing Baloqra ( 2) :
And Alqra: menstruation or knapsacks, and read the
book to read, and read the Koran thing collected, and
read you peace [( 3) .
And preparing Baloqra the: but is to Matdat the with
Alqra are divorced divorce revocable or irrevocable, or
Vskha the, Calverqh because of the option of puberty or
incompetence .... It is three menstrual periods ( 4) , saying
the Almighty:) چ چ چ ڃ ڃ ( [Al-Baqarah: 228] .
The scholars differed as to the interpretation Alqra,
Vvsrh Hanafi and Hanbali as menstruation, and
interpreted by Maalikis and the Shaafa'is that purity.
Sayers quoted as evidence that what is meant is
menstruation:
Almighty, saying:) ې ې ې ې ۉ ۉ ۅ ۅ ۋ ۋ ۇٴ ۈ ۈ Z ( [Divorce: 4]
showed verse that Alaash and small Tatdan months for
non-menstrual text, suggesting that the kit Balehidhat
not Balothar, and prayer but left in Menstruation in purity
[(1)] .
They quoted saying ^: «if Qrak comes not pray» [(2)] .
The innocence of the uterus in the kit know
menstruation not بالطهر.
And interpreted to be saying the Almighty:) پ پ (
Divorce: 1] receptor ,فيطلقها in purity to receive عدتهن
promised menstruation [(3)] .
Sayers quoted as evidence that be Balqra the purity:
the Holy Quran with his interpretation of the year, saying
the Almighty:) پ پ ( Divorce: 1] Vtalegohn in time which
eliminates divorce him, and he knapsacks [(4)] , and
because the Prophet ^ interpreted Alqra بالطهر in an
interview Ibn Umar that he divorced his wife when she is
menstruating, he recalled Omar Messenger of Allah ^,
Vngaz the Messenger of Allah ^ then said: «for review
and then maintained by the so purified and then
menstruate فتطهر, the switchboard to divorce Vlatalgaha
pure untouched before, then that is the kit as God
commanded him » [(5)] , and talk is no doubt true, which
confirms that the be explicitly purity, which that I see
.the line with manuals راجحا
They quoted from the language of the feminization of
the word in the number of 'three menstrual periods' The
three feminine than number indicates that the masculine
numbered menstrual periods, and purity is a masculine
The menstrual word is feminine.
And went Syrian Personal Status Law in Article (121):
several pregnant Almrohgar for divorce or annulment as
follows:
1 three حيضات the full participants who menstruate ...
It Hanafi and Hanbali.
She said Article 121 P 1 .. do not hear suit women
Bannagdaúha the three months before the divorce or
annulment 0
It is mostly that of women in the menstrual cycle every
month, does not matter for Nader.
Kit in months :
And Almatdat the months of two types of women: the
answer section kit in months instead of menstruation, the
department should be preparing the starting months.
Section I : Small and Alaash: They are several not y
and menstrual data that was small without puberty, or
not yet urging reached, or if any o e do not menstruate
for her old age, Vtatdan three months from the date of
the band.
's Verse:) ې ې ې ې ۉ ۉ ۅ ۅ ۋ ۋ ۇٴ ۈ ۈ Z ( Divorce: 4] . فشملت
verse desperate large and small Almtikh the intercourse.
The Article (121) of the Syrian Personal Status Law:
Several non-pregnant women to divorce or annulment as
follows:
3 three months for Isiah.
This includes small that do not menstruate, though the
law did not allow her marriage unless her body is not
valid (m, 15, 16 and 18).
Section II: several whose husband has died is pregnant (
1) :
E. n several whose husband has died is the holder, four
months nest Rh days, whether the wife was small or
large, Mdjula or not, any Q of menstruation or women
with menstruation, and there is no minimum suspiciously
cajoling, no lesson to menstruation in promised, says:) o
ڀ پ پ پ پ ٻ ٻ ٻ the ٻ ( [Al-Baqarah: 234] .
This is stipulated in Article 123 of the Syrian Personal
Status Law: several whose husband has died four months
and ten days.
He graduated pregnant woman whose husband has
died Article (124).
The kit are required before entering the death,
stipulating Article (126): does not oblige the kit before
entering the correct and being alone, but of death.
Extended several knapsacks ( 2) :
Extended purity which is delayed by her period often does not know how long stretches her purity, or that do not distinguish between blood menstruation and istihaadah, a disease or for some other reason.
Scholars differed on the detail as follows:
First team : Maalikis and Hanbali to it that did not
know the reason for the high menstruation invoke nine
months first, which is the demise of suspicion that there
might be pregnant, because it is often the duration of
pregnancy, and secondly three months كعدة desperate
menstruation, if her period begins before the end of the
year, the day resumed the foregoing or wait menses
second. At the old saying when Shafei lying in wait for
nine months.
Runner-up : tap and Shaafa'is that extended purity
invoke Balkaroe the adult what amounted to, or reach
menopause, a five and fifty or sixty years, three months
and then invoke several Alaash, as well as when Hanbali
known cause of high menstruation.
And went Syrian Personal Status Law in Article (121):
Several non-pregnant women to divorce or annulment as follows:
2 years extended full purity that menstrual Ajaiha or came to her and then cut off, and did not reach menopause.
Several flee divorce:
If a man divorces his wife revocable divorce and then before the end of the promised husband dies, unanimously agreed:
That promised transmitted to several resumed her death.
If a divorced her in irrevocably illness without her consent and then died in the promised counting a fugitive from its legacy in the doctrine of majority without Shaafa'is and was promised according to the following views:
Abu Hanifa and Mohammed and Ahmed in the novel and the owners of the My owner they invoke Bibad the
term of several divorces and several deaths reserves, Vttrbes four months and ten days after death, and follow several Aloqra if you have not finished in that time period
.
Maalikis and Shafi'i and Ahmad, according to him: they are not transmitted to several deaths, but complement several Aloqra, because he died for it is not his wife Bbenontha of marriage, but it came out about the meaning of the rule of the wife Balbinona, even if she died before him did not inherit [(1)] .
The third requirement: the expense of preparing
Iddah expense revocable divorce ( 1) :
The righteous of divorce retroactive wife, the marriage
contract while preparing, remains expense as it is before
the divorce agreement scholars, they have housing,
alimony, and everything necessary for living, whether
pregnant or not, to the verse: ) ڀ پ پ پ پ ٻ ٻ ٻ ٻ ٱ (
Divorce: 6] .
Iddah divorce irrevocably expense ( 2) :
E. N. righteous of divorce بائن may be pregnant or not
pregnant: If they are pregnant there is no dispute among
scholars in the necessity of alimony and housing them,
says:) ٺ ٺ ٺ ٺ ڀ ڀ ڀڀ پ پ پ پ ٻ ٻ ٻ ٻ ٱ ( [Divorce: 6]
and saying ^ Fatima bint Qays: «no expense to you, but
to be a pregnant» ( 3) Because the pregnancy was born to
him, then he has to spend on him, and he can not spend
it only spending by فوجب.
If the righteous of divorce بائن the barrier is not
pregnant, as well as from the righteous dissolution
Almokhtlah, the scholars differed as to the necessity of
alimony and residential have to مذهبين:
First : the owner, Shafi'i and Ahmad in a novel:
residential, have no alimony However Almokhtlah if
.on housing, it is not her thing المخالعة
II: Abu Hanifa صاحباه the: her alimony and housing, and
are not المخالعة to dwell with them because they are right-
Shara.
Quoted the Sayers بلزوم public housing only:
1 from the Koran: Almighty, saying:) پ پ ٻ ٻ ٻ ٻ ٱ
ٺ ٺ ٺ ٺ ڀ ڀ ڀ پ پ ( [Divorce: 6] has enjoined God dwell
Per absolute, under alimony pregnancy, which indicates
that there is no expense for the Hail irrevocably , and
remains her only residential.
2 of Sunnah: Aj Fatima bint Qays: that Abu Amr bin
Hafs divorced at all, which is absent, it sent agent Bsair
the, Vschtth. He said to her: God owner we have of
something, the Messenger of Allah came ^ mentioned
that to him, he said: «You do not have it expense» [(1)] .
3 It is reasonable : The marital may still فوجب that fall
alimony بزوالها such as death and alimony in an interview
empowerment has remains shall fall alimony.
Tap quoted as evidence for the following:
1 from the Koran: the verse:) o ٻ the پ پ پ ٻ ٻ ٻ
ڀ پ ( Divorce: 6] and to refrain from alimony harm them
has forbidden him suggesting obligatory [(2)] .
2 of Sunnah : Aj that Omar ibn al-Khattab may Allah be
pleased with him when heard that Fatima girl Qais said:
what made me the Messenger of Allah ^ habitable or
maintenance, Omar said: Do not leave the Book of Allah
and the Sunnah of our Prophet ^ to tell the woman, we do
not know perhaps preserved or forgotten, its residential and
alimony [(3)] .
Iddah expense of death [(4)] :
The scholars agreed that the death of the righteous
have no expense, because of maintenance but must be
either enabled or of the contract, has still to death, either
because of pregnancy, and death may still these rights,
because the dead do not assume anything.
They differed in the habitable for the death of righteous
according to the following:
Tap and Shaafa'is in the words rather than Roy Hanbali:
that it is not habitable nor expense.
The Maalikis and Shaafa'is in more correct that her
habitation, and stipulated for this two conditions: entering
the pair, and the presence of the tabernacle, and
irrevocably the deceased by her husband dwell never
unconditionally.
Quoted Sayers that neither the expense nor habitable,
including the following:
1 quoted speech Fatima bint Qays that the Prophet ^
said: «but alimony and housing for women on her
husband what he had irreversible» [( 1) .
2 According to Ibn Abbas, may Allah be pleased with in
the verse:) ڃ ڄ ڄ ڄ ڄ ڦ ڦ ڦ ڦ ڤ ڤ ڤ ( [Baqarah: 240]
copies Mtalln to squint verse inheritances, including the
imposition of God to them than a quarter the price and
copy the internship to squint to make Ogelhma four
months and ten days.
He quoted Maliki and Shafi'i for unnecessary habitation:
Almighty, saying:) ٿ ٿ ٿ ٺ ٺ ٺ ٺ ڀ ڀ ڀ پ پ پ پ ٻ ٻ ٱٻٻ
ڤ ڤ ٹ ٹ ٹٹ ٿ ( [Al-Baqarah: 234] and stalking for several
rather be in the marital home, otherwise there is no
meaning him in another shop, and sought the heirs to wait
for the end of the kit.
And saying ^ for muslim فريعة owner: «امكثي in your
home until the book for him» [( 2) .
Iddah expense rotten marriage and intercourse on
suspicion:
Went public that the righteous for the dissolution of the
marriage of corrupt after entering without carry no
expense nor habitable, because they do not deserve
alimony if the meeting, nearer that does not deserve
after separation.
And Maalikis to prove the only habitation.
If she was pregnant when annulment, فوجهان the when
Shaafa'is:
Rather not at her expense, which Alozarmen two
versions when Hanbali, and saying Balzovernma be
maintenance of pregnancy do not have an agreement [(] 1 )
.
The fourth requirement: marital fun (Divorce fun)
It is money paid to the wife irony in life.
Doctrines of jurists in the fun: the audience went to
mustahabb Per absolute absolute, but before entering did
not impose her dowry فتجب her pleasure.
Shaafi'is and should be fun for all their income, as well
as the High absolute before entering that did not impose
her dowry, if the imposition of her is not fun for her.
And in agreement: If the band because of it is not fun
for her.
Quoted Shaafa'is saying the Almighty:) ژ ژ ڈ š ک ک ( [Al-
Baqarah: 241] and says:) ÿ \ۇٴ ۈ ۈ ۆ ۇۆ ۇ ڭ ڭ ڭ ڭ ے�\ ے� ( [Al-
Baqarah: 236] and the significance of verses clear and
should be fun because it is obligatory , did not respond to
the Commissioner that the imposition of absolute her
because God said:) ە\ ە\ ڻ ڻ ڻ À À À À e e e e ÿ ( cow: 236]
Vastrt the lack of enforcement for the necessity of fun.
And carry the evidence listed on the public mustahabb
presumption: really benefactors, pious, they want Fear
and Mtawa otherwise it is not explicit in verse فدفعوا
should be an absolute pleasure to High, which did not
name her dowry.
This came in the Syrian Personal Status Law in Article
(61):
«1 Mehr ideals must correct in the contract when you
do not rename or corruption Mehr label.
2 If there is a divorce before entering and being alone
correct then it must be fun.
This text is OK to view public without Shaafa'is in the
need for absolute pleasure that did not name her dowry
or the corruption label dowry, before entering and being
alone.
As much fun: It is permissible to report in alone
highest absolute Maizhae, and argued: that it should not
exceed ideals Mehr
And is recommended to not less than half Mehr ideals
when the tap, Shaafa'is and of Shaafa'is that not less
than thirty dirhams, or Maisawi it, and the price of sheep
,estimated at the equivalent of this in our time ,درهمان
which is less desirable, or dress and lookalike of cladding
and close to that Hanbali, and as much as Tap least five
dirhams any equivalent if the husband was poor.
If there is a conflict of: Hanafi, Shafi'i went to the judge
appreciated by considering the case of the couple in the
left and insolvency and qualities because God said:) ÿ \ے�\ ے�
ڭ ڭ ڭ ڭ ( with the verse :) ژ ژ ڈ (.
Maalikis and Hanbali mind the condition of the pair of
the verse [(1)] .
and estimated the article (62) of the Personal Status Law
Syria stipulating pleasure: «pleasure is the covering of
women such as when you go out of the house, where if
the pair is considered to be no more than half the dowry
ideals.
It is the realization of the Hanafi and Shafi'i not to
shortages half Mehr ideals, and the realization of the
doctrine of Maliki and Hanbali into account the husband's
condition.
The fifth requirement: expense Almatdat in Syrian Personal Status Law
Article 83 should be the man maintenance Matdth from
the divorce or annulment.
This is the includes all Almatdat the text: retro,
irrevocable and death, has two resolutions violated by the
Court of Cassation, so I went:
No expense of the deceased by her husband, pursuant
to Article (331) of the book Kadri Pasha conditions,
applicable in terms of the (305) of the Personal Status
Law. (St. 173 163 04/29/1965).
The following is the text of Article (331) of the book
Kadri Pasha conditions: «is not obligatory maintenance of
all kinds of free whose husband has died, whether a
barrier or pregnant.
This decision is also contrary to see the launch of Article
(83).
While another decision went to: «alimony and due to
iddah absolutely» (St. 465 447 12/28/1954).
Which swing proved the expense of housing for the
general Almatdat as long as the in marital habitable
without canoeing alone but iddah of death is not
forbidden from this the death of the husband, because it
does not make sense removed from the domicile just her
husband's death, the heirs can waiting for the promised.
It remains problematic in determining the duration of
alimony depending for the kit, has been mentioned
Article (84) Duration maximum expense in the kit is nine
months, which reads: «the expense of preparing expense
marital and ruled out of date and should be preparing,
and serving them for a period of more than nine months».
But could be preparing longer than nine months, has
been taking the law doctrine of Maliki and Hanbali select
preparing for an extended purity year (AD 121/2) remains
the righteous without the expense of three months with
Ahtbasha in residential marital status, it must amend this
article (84) to spend it to a year.
The righteous are forced to spend promised in the
marital home (Court St. 399 388 10/31/1954), a Hanbali
doctrine in irrevocably from the face of the barrier must
be residential willing immunization bed in استبراء her
womb and تأكده not carry it must then her alimony.
Part III of birth and their effects [(1)]
Chapter I: Percentages
Chapter II: breastfeeding
Chapter III: The nursery
Chapter IV: the expense of relatives
Chapter I: Percentages
The first topic : prove descent
The first requirement: proven correct proportions of
contract.
The second requirement: prove the existence of the
duration of pregnancy ratios.
The third requirement: proven corrupt ratios in the
contract and intercourse with suspicion.
The second topic : the means to prove lineage :
The first requirement: prove descent Balbana.
The second requirement: prove descent recognition.
The third topic : the proven ratios in the kit :
The first requirement: Download iddah rates of divorce.
And approved before the end of death promised.
The second requirement: Download iddah rates of
divorce and death approved end promised.
The third requirement: ratios carry Alaash and small.
The fourth requirement: load ratios divorced woman not
oblige preparing.
The fifth requirement: load ratios absent wife whom he
married after another.
Section IV : banished cases ratios.
Section V : bastard provisions.
The first topic : prove descent Definition of ratios and Dalila:
Idiomatically ratios: approximately constant legally to
the father starting.
And that God is the one who estimated this relationship
legitimate marriage Vaattabrha nearly) ڤ ٹ ( women: 8] .
And corroborated by God the father) ۆ ۇۆ ۇ ( The Cow:
233] has: the conscience of the father has acknowledged
this kinship If her legitimate) Iە the face Iە Io Io Iۇ Iۇ Iۆ Iۆ Iۈ (
Furqan: 54] .
God has blessed human proportions without other
creatures in honor of this man, linking many of the
provisions in this legal recognition [(1)] .
The first requirement: proven correct proportions of contract [(2)]
General jurists went to proven lineage contract, but the
majority of scholars stipulated the possibility of access,
because the reason for the existence of contract descent,
and police entry, and found that only he could, if the
disappearance of possible cut that the contract is no
longer runs the risk of entry.
Tap went to the marriage contract without sufficient regard for the possibility of access to the contract in his place with a requirement to do in perception, and perception possible in he married Mashreqi Bamorah and their more than six months WITNESS march for dignity,
aid or Inq. And tap quoted saying ^: «child to bed and salacious stone» [(3)] , and in the cause and Rhode modern conflict of Saad bin Abi Waqas and Abdullah bin Zama said Saad: My nephew, had been entrusted to it, so he Abd bin Zama said: my brother and the son born of my father, was born on the bed, said the Messenger of Allah ^: « is for you, O Abdul bin Zam'ah » [(1)] .
In this modern denial of Descent adulterer with check
and طئه, and proof of the contract at all ratios.
And went Ibn Taymiyyah to require access investigator,
a novel war for Ahmed, and the text Ahmad who divorces
before construction, missed his wife, Bold, فأنكره, Ventfa
him without a suffered, so that it does not prove descent
as soon as possible Alaellouk if they cut Pantvaúh usually,
it must be Access investigator to be women bedding [(2)] .
This is provided that they come to the child for more
than the duration of pregnancy is less in the decade, as
well as the condition to come by for less than more than
the duration of pregnancy from the date of divorce if they
have been divorced.
This significant contract rotten if coupled to enter, but a
lesson on entering into account less the duration of
pregnancy, on the irony in the calculation of the
maximum duration of the pregnancy, as well as in
intercourse suspicion, like someone treading woman and
thought she his wife.
It also requires that the husband imagines it usually
cords, there is no proof descent pair of small, does not
prove descent from the anointed and Almajabub.
Maliki said [(3)] that the six days of teams with significant
pal, and its meaning: a small and below is not considered
as a day or two or three.
The second requirement: demonstrate ratios existence for pregnancy [(1)]
Fix the rates if the pregnancy came in the period of the
incident among the least the duration of pregnancy and
up.
Less duration of pregnancy: jurists agreed that the
minimum duration of pregnancy is six months, then they
differed at the beginning of the duration of pregnancy
went public to it from the time of entry and the possibility
of intercourse.
And went to tap it from the time of the contract, Pan ^
saying: «child to bed and salacious stone» and bedding is
the marriage contract.
The public evidence that women are not only able to
have intercourse bedding, which is with the entry.
Tap considered valid contract shrine in, because the
contract runs the risk of entry, which you can know a
sense for all or for some.
And guide the masses that the less the duration of
pregnancy is six months is the consensus of the
companions,
As Roy: «that Omar may Allah be pleased with him
brought a woman who had been born six months to
understand برجمها, reaching the top may Allah be pleased
with him, he said: It is not by stoning, reaching that age
may Allah be pleased with him, he sent him, asked him,
he said: He says:) e e e e �� ڭ ڭ ڭ ے� ے� ( [Al-Baqarah: 233]
said:) ٺ ٺ ڀ ڀ ( [Ahqaf: 15] Vsth months to carry Holin
Tamam not limit them, or he said: I do not stoned them.
said: Fajly by then I was born » [(2)] . Osman took the
saying and Darragh them reduce was unanimous.
The maximum duration of the pregnancy :
scientists have relied on an extrapolation of the
conditions of the people, albeit in a little rare, there is no
provision in it.
Vqderha audience in four years, and quoted a speech-
Waleed ibn Muslim: «This woman neighbor Mohammed
bin Ajlan woman sincerity, and her husband, a man of
truth, carried three أبطن in twelve years, carry each litter
four years» [(1)] .
And two years of tap, and quoted Aisha speech: «What
increase of women in pregnancy and as much as two
years under the promises of the spindle turns» [(2)] .
Of Maalikis, in the words of last five years and in the last
six or seven, and the famous: four.
And of Ibn Hazm nine months does not increase it, and
quoted a speech about Umar said: «Whatever a man
divorces his wife Vhadt menstrual cycle or Hadtin, then
stayed, Feltcil nine months to يستبين carry, if that is not
Istbn carry in nine months Feltatd after nine months,
three months, several I stayed for menstruation » [(3)] .
The Article (128) of the Syrian Personal Status Law:
Less duration of the pregnancy of one hundred and
eighty days and most calendar years.
Article 129 1 each wife was born in the right marriage
attributed to her husband following two conditions:
A to go to the marriage contract less the duration of
pregnancy.
That does not prove lack of convergence between the
spouses are felt as if one of the spouses was a prisoner or
absent in a country far more than the duration of
pregnancy.
The third requirement: prove descent in the contract
and intimacy on suspicion of corrupt
Marriage rates in corrupt:
That was married at the promised of the second with
his knowledge Badtha came Bold, abides from the first
that brought him for less than two years, or from the
second that brought him to six months or more, with the
fact that marriage is the second corrupt, from the date of
intercourse when the public is correct when Shaafa'is In
another aspect of the contract time.
And said Shaafa'is: ignorance suit prohibition does not
accept the righteous and the weight is only close to the
era of Islam, and the ignorance of being iddah never
Tribal [(1)] .
And went Syrian Personal Status Law in the marriage
rates in the corrupt and enter suspicion:
Article 132 1 born of the marriage after the corrupt in if
born to one hundred and eighty days or more from the
date of entry, proved a percentage of the pair.
2 If the birth after Mtarkh or disperse does not prove
lineage unless brought him through the years from the
date Almtarkh or differentiation.
Article 133 1 Almutuh the suspicion if they come from
less Bold duration of pregnancy and most proven
proportion of Allowatye.
2 When proven lineage even corrupt to marry someone
or suspicion, resulted in all the results of the marriage
relationship and prevents the prohibited degrees and
worth the expense of kinship and inheritance.
Prove descent in intercourse on suspicion:
The statement proved ratios in suspicion has to be a
statement suspicion and proven ratios by type :
And suspicion of three types:
1 suspect in the contract: They are found where the
contract does not really picture, and prove descent, than
that: a contract with trampling on the fifth should not
limit other than Abu Hanifa ratios do not limit and prove
descent with ta'zeer.
2 suspected in the act: It intercourse suspect dissolved by
claiming, like someone treading woman pitched to him as
his wife, and said to him: is your wife, and show that it is
not his wife, or intercourse with righteous sovereignty, or
Almokhtlah, and proves the percentages provided that
come by for less than the maximum the duration of
pregnancy, if the duration of the pregnancy ended it proves
only that the allegations, and not all suspicion in the act
prove descent.
3 In the shop there are suspicion directory installed to
resolve opposed'd inherited suspicion in Ornament shop,
Kalmatdh in divorce metonymy structure three times, not
end بوطئها in promised, though aware Bahramtha to check
the difference in the privacy and do manual violator.
Should not reduce in suspicion shop even aware
inviolable, to prove the king of the face, did not stay the
full meaning of adultery, there must be met with
suspicion, as evidenced by his claim ratios.
The coming of women from pregnancy to below six
months of intercourse with her on suspicion of
undamaged ratios الواطئ but the pair if they were
married, but signed a conflict between الواطئ and pair
with the possibility of being a two boy was the pair's
likely to bed when you tap and Shaafa'is to say, in the
words of another when Shaafa'is: Displays the boy on
Velhgah who thinks it most likely, or wait attainable القائف
and affiliation with himself [(1)] .
The second topic : the means to prove descent
The first requirement: prove descent Balbana the [(2)]
Evidence Language: is appearing and clarity [(3)] .
And idiomatically: witnesses who testify to prove
something [(1)] .
Although originally in permanence ratios where
availability is caused by a contract right, and the
possibility of police in what enunciated If someone
claimed lineage from another, or a woman claimed her
son proportions of men did not prove descent only
Balbana.
The evidence here is two men only when the public tap
is a man and two women or two men, and this so-called
Alastelhak.
And picture it: to witness to the Son, two .. On the
adoption of the father that his son and Astelhakh him and
then returned, or vision entering a woman alone without
Born beta and then exit after the time of it with a boy and
not at home woman other and know that it generated,
not baptized seen it signed an agreement, because their
need may not, in whole Muslim to carry the case on
righteousness as possible.
If you witnessed or witnessed proved ratios.
But as proven ratios Balbana on birth and initialization,
the scholars differed in that: Hanafi and Hanbali went to
accept the testimony of a woman per تأيدها Bmaad
emergence of rope or cord with the denial of recognition
of birth bed and the presence of any existing contract or
its effects, and the boy should testify.
And Maalikis to the requirement of a certificate two
women عدلتين.
The Shaafi'is to the requirement of a certificate of four
women.
Evidence and discussion and weighting:
Quoted Hanafi and Hanbali including Bayhaqi narrated:
«that the Messenger of Allah ^ authorized testimony
midwife.
And quoted Maliki requiring a second woman in the
Koran so is required here on the safe side.
And quoted Shaafa'is including Roy tender: «It is not
permissible only four women in the initialization. Which
swing Maalikis to require testimony of two women to give
birth and start-up, which is not too hard.
The second requirement: Proof of lineage recognition [(1)]
Section I: recognizing the same proportions
Headquarters: that acknowledges someone to امرىء the
unknown lineage as the son or father, but this recognition
health conditions, are:
1 to be his headquarters unknown parentage for saying ^:
'Cursed be he that belonged to his father is » [(2)] .
2 to be born like him to like him, to be potentially
difference between Snehma of the childbearing like him
to like him.
3 ratification Headquarters him as acknowledged by the
headquarters of the descent was significant by saying,
but that was small or insane is not essential to believe.
4 not claim Headquarters of adultery because it does not fit
the proportions installed, but for the death.
5 to prove himself ratios is not, if approved wife or iddah ببنوة
the boy or the other did not prove lineage for adoption by
her husband, but agreed with her, because the approval
download rates on others.
Is not valid any way invalidate or set aside percentages
after is proven not Balan.
Article (129) of the Syrian Personal Status Law: P 1:
1 move less for a six-month pregnancy.
2 a meeting between couple and إمكانه.
P-2: If negated one of these conditions does not prove
the boy ratios of the pair unless acknowledged or
claimed.
Came the second paragraph to restrict the conditions
contained in the first paragraph the approval pair
certified the descent and his claim is proven, is the view
of the public without Maliki certified the proportions once
acknowledged or prosecution.
And Article 134 of the Syrian Personal Status Law:
1 recognition of filiation, even in death, disease of
unknown parentage, prove descent from office if the age
difference between them is likely this filiation.
2 If the headquarters of a married woman or iddah not
prove the boy from her husband ratios only بمصادقته or
Balbana.
Section II: recognition on non-mobile rates [(1)] :
So that heirs acknowledges paternity of their father or
their relative to this person ... And that if they are heirs,
but that they are not the heirs were witnesses to prove
descent.
Reserve headquarters is not required quorum certificate
in a novel small mosque when Hanafi, Shafi'i and Hanbali,
because ratification heirs longer recognition certificate.
The certificate when the Hanafi and Maliki conditions
shall be met the terms of the certificate, abides judgment
on everyone.
The acknowledgment must be all the heirs of the
authentication two abides ratios headquarters and shared
by all in the inheritance, does not require تعددهم.
If ratified some and denying others quorum was
attained in the certificate on the the abides percentage
difference in right other and shared their share of the
inheritance without the other, because the argument
limited recognition they do not include others.
And said Shaafa'is: not shared inheritance, because
inheritance ratios Branch, does not prove descent.
The text of the Syrian Personal Status Law in Article
(134/2): If the headquarters of a married woman or iddah
not prove the boy from her husband ratios only بمصادقته or
Balbana.
Article (135): «Adoption of unknown parentage
paternity or maternity prove descent if honest
Headquarters him and the age difference between them
is likely that».
Article (136): «proportions in the non-recognition of
filiation and parenting does not apply to non-
Headquarters only بتصديقه».
The third topic : the proven ratios in the kit
The first requirement: Download iddah rates of divorce and death before approving the end of promised
If a woman divorced from animate Aloqra or a woman
whose husband died Bold came to the maximum duration
of pregnancy from the date of divorce proved ratios to a
more correct absolute when Shaafa'is without absolute
distinction between reactionary or irrevocably because
Alaellouk of and طئه not likely to have an accident after a
divorce.
But if he brought him to more than the maximum
duration of pregnancy from the time of divorce there is
no proof descent denied divorced spouse, to the certainty
that it is not him, the possibility of Alaellouk than anyone
else, unless claimed abides, and holds that the
intercourse suspicion was during several divorce three
with the most likely solution intercourse, or revocable
divorce was, وطئها in promised her auditor, and may have
been extended purity abides ratios as long as was طؤه in
promised.
If you do not let him, did not prove lineage to him, and
the rule of lapse promised before her birth six months
and returns the expense of six months at the Abu Hanifa
and Muhammad, because the boy after a period of
maximum load to be being a trampling accident, has
elapsed promised and married other Vlzimha Re expense
of six months.
And Abu Yusuf went to the expiration of the promised
development of pregnancy are not a thing of the alimony,
the probability of intercourse with her husband on
suspicion of himself or others on suspicion does not fall off
alimony probability.
And went Syrian Personal Status Law in Article (130): If
you do not recognize the absolute or whose husband has
died lapse rates promised prove her son if she bore within
one year from the date of divorce or death, does not
prove more than that unless claimed by a spouse or
heirs.
He observed that the law has restricted the duration of
pregnancy one year from the date of divorce or death in
keeping with reality as to what scholars but his sons on
the induction, and can be received in that possibility.
The second requirement: Download iddah divorce and death approved the end of the promised
If divorced woman Voqrt lapse promised after ago a
reasonable period of time to expiry, the Bold came and
what NUR past two or two years of her divorce, consider:
The Bold came less than six months from the day
approval expiry promised the proven ratios for the pair.
If brought him for six months or more than a day
approval lapse promised not proved attributed to this
pair, because they are certified by adopting the expiry
promised, has been six months, which is enough to
Aellouk than any other, unless it appears false or Gltha in
the approval of certainty, as if it came her child for less
than six months from the day of approval, be approval
Glta and the lie.
And said Shaafa'is: even acknowledged the end of the
promised and did not get married and came to the Bold
before the end of the maximum duration pregnancy
proved ratios to the pair, but if I got married and came six
months after the Bold Pregnancy for the second, and only
what without it first.
So he went Syrian Personal Status Law in Article (131):
absolute or died Almqrtan lapse preparing prove their
child ratios if born to less than / 180 / days from the time
of approval, and less than a year from the time of divorce
or death.
The third requirement: ratios carry Alaash and small
If the promised months and was Isiah Then came Bold
As recognized after the end of the promised, or
acknowledged the end of the promised If came بالولد to
two years from the time of her divorce proved attributed
to the pair, because they Poladtha aware not Aaasha and
that it animate Aloqra, or acknowledged the end of the
promised came Bold for less than Six months proven
lineage as well.
If a small lapse acknowledged promised the lapse of
three months, and then came the Bold for less than six
months since the approval ratios and proven, but not
proven, to the emergence of false expiry promised,
because not born to load in less than six months of
marriage last.
If you do not recognize the end of the promised
acknowledged pregnancy during the kit abides ratios to
two years from the time of her divorce irrevocable, and
proves to twenty-seven months from the time of her
divorce reactionary, for the emergence of that Alaellouk
was in the kit, and the kit three months before her period,
if I was born for more than twenty-seven months show
that Alaellouk was three months later than others.
The fourth requirement: load ratios divorced woman does not oblige the kit
If you do not answer the kit on absolute Kalmtalegh
before enter boy فنسب not prove However, the pair came
to less than six months from the time of divorce, and thus
knows for sure that this husband who divorced her [(1)] .
The fifth requirement: load ratios absent wife he married after the last
If the wife was the death of a spouse or divorce then
assaulted and married the latest, or claimed that she
married another, and then came the first pair, was born
from the second boys, abides descent from the second,
not first is the view of Abu Yusuf.
And his statement: that it would be the first that
brought him to less than six months of the Second
Decade for sure Aelloukh than the first, albeit Born
pregnancy for more than six months is the second, and
this is the first by the fatwa, because the boy to bed real,
even if corrupt, which is returned to him Imam and
favored son Abdeen [(1)] .
Section IV : banished cases ratios [(2)] First case: deny ratios denying the birth of the child:
The pair deny the birth of his wife to deny the boy on
condition of ratios knowledge Bhablha, and the cord is
not visible, Vllzojh the proof of birth certificate or other
removable in doctrine Alsahben, because one woman's
testimony in this case will suffice.
Abu Hanifa and went to unnecessary testimony of two
men or one man and two women.
And requires the denial of birth:
1 not to adopt husband expressly birth or indication as if
accepted congratulations newborn or removable brought.
2 and not delay attributed denied, etc. count
Acknowledging percentage.
The second case: denied ratios for non-childbearing
potential:
If the husband can not imagine him to conceive of a
youngster or for عقمه or being wiped thereby preventing
reproduction there is no proof ratios, because of the
conditions of the birth ratios like him to like him ..
The third case: denied ratios for lack of convergence
between the couple:
Went public without tap that can be denied ratios for
lack of convergence between the couple.
The fourth case: denied ratios for non-moving period
specified minimum period of pregnancy or move up to:
Can a husband to deny the boy if his wife came Bold for
less than six months from the date of the contract, or for
more than the maximum duration of pregnancy from the
date of the divorce, however it can be for a husband to
approve rates unless the boy let him of adultery.
The fifth case: deny descent through the curse:
Denying that the boy ratios section of sections curse, so
that swear both spouses Faihlv the pair of four faith to
deny the boy, and swear wife to lie in Neve pair of Born [(1)]
.
The Syrian Personal Status Law in Article (129) P-3:
If the availability of these two conditions are less duration of pregnancy and the meeting between the two does not negate the boy ratios in the pair, but Balan.
Section V : provisions bastard [(2)] and adoption
The first requirement: bastard provisions in Islamic jurisprudence
Foundling: is the child whose parents did not know [(3)] , then the Muslims captured pursuant to the verse:) Iە Io Io Iۇ
( table: 2] As narrated by Sa'eed ibn Mansoor in his Sunan for years Dad beautiful, he said: I found Mlquta I came by Omar ibn al-Khattab, said Arifi: Íaamir believers, he's a good man, he said Age: Okzlk is? He said: Yes. Said: Go It is free, and you loyalty, and we expense.
Foundling provisions:
1 bastard custody: Muslims must imposing adequacy
custody and care, which he finds not picked up is a sin,
and if damage within it, if you do not place Matarouka.
2 ratios bastard: If you claimed one lineage before, but
rescinded the right captured in survival with his hand to
honor proportions, especially if claimed by the evidence
and a sign in his body, or was with him, to the testimony
apparent to him, the allegations last beyond did not
accept, because the proportions if it is proved irrevocably
However, if the other established evidence saying,
provides rehabilitated.
But this does not prove ratios adoption, but ratios rule
illegitimate estimated street presence in the boy that
came through a valid contract, God Almighty is the one
who made him proportions and صهرا, not individual
people, he said:) Iە Iە Io Io Iۇ Iۇ Iۆ Iۆ ( Criterion: 54] but this
was ratios for human beings face the project was not for
others.
3 Dean bastard: The bastard if any Muslim in the Muslim
shops.
4 State bastard:
May not dispose same bastard Baltazoaj for it is not the
same mandate it, and also may not be disposed with his
money.
To Tonger partial mandate of the same bastard has to
rent, and teaches the craft and the like from his teaching,
education and save the state.
5 Foundling money: may not be disposed with his money,
and money is found with his bastard king.
Captured due to maintenance on that bastard father
knew, captured Faihlv spent it spent to is due to احسبة.
The second requirement: bastard provisions in the Syrian legislation
Legislative Decree No. 107 dated 05/04/1970 on the
following:
Article 2: Each of the bastard found to betray him to the
nearest police station with the clothes that they were and
all the other things that he found him or near him.
Article 5: The Ministry of Social Affairs and Labor
foundling care, sponsorship and educated so that he can
rely on himself and earn a living.
Article 6: The Ministry of Social Affairs and Labor
jurisdiction over the same bastard until it is completed
the age of eighteen.
Article 7: bastard treats minor orphan treatment with
regard to guardianship of his wealth, and apply to the
commandment, the commandment provisions of the
Personal Status Law.
Article 13: The Muslim bastard unless it is proved
otherwise.
Article 14: apply to all of the claims related ratios Belkat
provisions relating to recognition in the proportions set
out in the Personal Status Law [(1)] .
Chapter II breastfeeding
Section I : Definition of breastfeeding and the amount
and duration of
The first requirement: the definition of breastfeeding
and his reign.
The second requirement: amount of breastfeeding
forbidden.
The third requirement: duration of breastfeeding
forbidden.
The second topic : the expense of breastfeeding
The first requirement: breastfeeding fare and force the
mother to breastfeeding.
The second requirement: donation breastfeeding.
Section III : Proof of breastfeeding
The first requirement: proven breastfeeding testimony.
The second requirement: recognition of breastfeeding.
Section I : Definition of breastfeeding and the amount and duration of
The first requirement: the definition of breastfeeding and cash equivalents
Idiomatically : The arrival of the stomach milk [(1)] .
The rule of breastfeeding : If found breastfeeding on his own terms was influential in the prohibition marry relatives of the infant, the longer the baby and his صرنdescendants alone without his brothers and assets, and followed by the family that Artda them, it becomes a man nursing a father, a nursing mother, and their children are brothers to him. . So spread the privacy of relatives, as the Messenger of Allah ^: «deprived of breastfeeding denied descent» [(2)] Vtbah alone and considering that fitnah As may be seen.
Neither alimony, inheritance breastfeeding, and also does not prove the mandate nor the parental mind [(3)] .
The second requirement: the amount of breastfeeding is forbidden [(4)]
Scholars differed in the amount of breastfeeding is forbidden:
Hanafi and Maliki went to just breastfeeding at the time beneficial to the prohibition, even if one of Events, Mstdelan the Almighty, saying:) ک ک ک ( women: 23] it commented prohibition بمطلق the lactation.
And saying ^: «deprived of breastfeeding denied descent, recalled talk absolute lactation without restricting the number.
The Shaafi'is and Hanbali that the prohibition of breastfeeding prove five feedings Mhavat, the Aillthen custom.
They quoted as evidence narrated from Aisha said:
«was later revealed the Koran ten feedings Information
denied then Preheat five Info died Messenger of Allah ^
They read from the Koran» [( 1) .
And went Syrian Personal Status Law in Article (35) to:
«2 in feeds required for the prohibition to be in the first
two years, and has five times Misc only baby in all of
them a little amount or a lot.
The third requirement: for breastfeeding Muharram [(2)]
The majority of scholars, them Alsahban of a Mufti tap
when the tap to the duration of breastfeeding in the
prohibition are influential حوالن Qmrian not deprive after
Holin.
The condition Maaliki not dispense with the baby for
feeding the food, if sacked during the past two milk there
is prohibition breast with after letting go, as accepted
lactation increased for the past two month or two
months.
Abu Hanifa and went to the get breastfeeding
prohibition to thirty months.
He quoted from the Koran public: the Almighty, saying:)
e e e e �� ڭ ڭ ڭ ے� ے� ( [Al-Baqarah: 233] The verse in clear
text for breastfeeding prohibition that has been in the
past.
Of the year: Ibn Abbas, may Allah be pleased with him:
«What was in the first two years, albeit one of Events is
forbidden» [(3)] .
And went Syrian Personal Status Law in Article (35/2) to
the doctrine in public for breastfeeding taboo during the
first two years of the child's age.
He quoted Abu Hanifa: Almighty, saying:) ک ک ک ( [women:
23] verse absolute mention time of prohibition, and then
select it, saying the Almighty:) ٺ ٺ ڀ ڀ ( [Ahqaf: 15] فمدة
each thirty months, and not the duration of pregnancy
Thirty of the guide as two years when the tap.
The second topic : the expense of breastfeeding
The first requirement: breastfeeding fare and force the mother to breastfeeding
Went public to that breastfeeding fare but obliges the
baby if he has money, he has no money: Valenvqh who
must spend a Father's starting.
The mother asked taxi expense breastfeeding her son
from his father, and her refrain to take a taxi, but it shall
breastfeeding does not eliminate religion.
The text of the Syrian Personal Status Law in Article
(152): 1 fare suckling child, whether breastfeeding
naturally or artificially charge Bnafqath and is in return for
its food.
The Shaafi'is also to force the mother to breastfeed her
baby milk colostrum even tells him conventionally,
It is that the first few days of birth. Forced to breastfeed
also تعينت and there is no other, and interview requests,
as well as the Hanbali said.
And went Tap to not obligatory expense of
breastfeeding her, and must breastfeed religion does not
eliminate, if accepted breastfeed Pay pant ability to
breastfeed it must breastfeed spend, nor the expense of
her infancy, as long as the wife or iddah, to the necessity
of the expense of marital or preparing them, and after
Bainuna and the end of the kit her breastfeeding fare.
And went Syrian Personal Status Law in Article (152): 2
is not worth the fare mother breastfeeding if the marriage
or divorce in several reactionary.
The second requirement: donation breastfeeding or less than the taxi fare breastfeeding mother
If the found breastfeeding donor or without pay, which
take the mother was the first donor at the tap and in say
Maalikis, and say more correct when Shaafa'is.
The Shaafi'is in the words and Hanbali to that deserving
Bredall mother did not ask for more from the wage like,
which favored Almargennane the Ibn Abidin from the tap.
And went Syrian Personal Status Law in Article (153):
donor deserving of breastfeeding if requested fare mother
and father was insolvent to be breastfeeding in the house
of the mother.
Is the view of the public in the fact that the donor first,
but the law is, it is taking doctrine other in the fact that
the mother first Vastrt indigestion father and asked the
mother taxis, as often not to request parent fare, and
every basic principle in suckling donor being in the house
of the mother because her nursery.
The Court of Cassation stated: if she agrees to
breastfeed the boy free foreign mother asked ideals wage
Valojunbah deserving of breastfeeding (St. 397 390
10/17/1970).
And that it is not the father can cost over alimony that
could be paid, but it has become affected) dd ئا the ئا ( .
Quoted Sayers that the first donor that mandated father
increase, taxi or harm him, nor shall, God has said:) ې ې ې
to refrain from breastfeed [Al-Baqarah: 233] ) ئا mm ئا dd ې
harms his father or ask for more pay like, It also does not
solve the father be prejudiced his mother Fimnaha the
breastfed with desire.
Has passed a street that Istrda father is his mother, he
said:) dd j Ij Ih Im apolipoprotein E ( [Al-Baqarah: 233] Any
Tstrdawa N mothers to your children, there is nothing
wrong with you .. do not cost the father's expense
infancy.
He quoted others who say that the mother is more
deserving, saying the Almighty:) e e e (and breastfeed the
news meant by it, and every mother prevails, so the
mother first of what فطرت the it Once شفقتها, unless
Eetmhoud is damaging to request more than pay ideals
[(1)] .
Section III : Proof of breastfeeding
The first requirement: proven breastfeeding testimony [(2)]
Tap and Shaafa'is to prove breastfeeding testimony of
two men or one man and two women, and when Shaafa'is
or four wives certificate.
And replace the two men unless the certificate baptized
to look at a woman's breasts individual some شهادتيهما,
and nuclear likely that small accept her certificate unless
accompanied by insisting on the matter.
Tap quoted that what is accepted in the contract in
order for its removal to prove breastfeeding, and it
requires a man and two women do not need them.
And quoted Shaafa'is that what it accepts only women
accept the types of men and two women ..
The second requirement: recognition of breastfeeding
It is the recognition of approximately breastfeeding
woman, a daughter or a sister or mother.
If approved as his cousin does not accept his return
condition for approval when the public, albeit honest
deprived outwardly and inwardly, though a liar deprived
inwardly, has no effect.
, Tap on condition persistence on the approval, and
persistence: to confirm a second approval as a right and
so after deliberation, their Vivsch though their income,
but it is not permissible to contract them.
Does not require ratification by the wife to her husband
Headquarters as Muharram him, although the impact
should be dowry.
It must have Mehr ideals when the public that claimed
the pair breastfeeding and Oaafqath and had entered,
and said Maliki: her labeled, and only needed half a
dowry from the tap and Hanbali that did not enter it yet,
and may not married, does not invalidate the right of
dowry, he said Shaafa'is: fell dowry whole, the wife
denied the difference between them: and shall have a
pony named The contract was entered true Otherwise
Vmehr the parable.
If there is no income may have had a half labeled.
But if the wife claims breastfeeding: فأنكره the pair,
sincerity in his right hand that she married satisfied, and
continued on their contract.
The married not satisfied فاألصح when Shaafa'is
ratification Piminha the not being able to have
intercourse with her, the selected enabled him not
ratified.
Mehr her ideals with her when she entered that claimed
breastfeeding, but should not have anything.
If doubt being forbidden him Redaa the there is a lesson
to him, because the uncertainty does not go away with
skepticism, and the origin of the solution is a certainty.
It must be check Terms acknowledgment so like him are
born to like him ... Kalaaqrar proportions [(1)] .
Chapter III nursery
Section I : Definition of nursery and judgment and the
fare on the nursery
The expense of the child and forced them.
The second topic : the custodian of men and women
and their terms.
The third topic : the incubation time.
Section IV : a nursery place.
Section V : Travel and vision of the child and his illness
and his education.
Section VI : the fall of the nursery and the
establishment of the nursery.
Section I : Definition of nursery and judgment and the fare on the nursery and the expense of the child and forced on them.
The first requirement: the definition of custody and judgment and evidence
Definition of nursery idiomatically: Raising a child
and do its interests.
Sentenced custody and evidence:
It is the right of the small and his relatives in order to
save and sponsorship, which is due to mothers, because
the basic where girls and Ohin be mother For more
Hafqathen and صبرهن and Hananhen, and also answer the
saints 1 [( العصبات [( .
The evidence for that:
From the Koran verse:) e e e e ÿ ( [Al-Baqarah: 233] .
It must for that of the survival of the child when the
mother because of her dream, patience and compassion
and kindness to her son was deserving Bhoudanth [(2)] .
It is Sunnah: a woman said: O Messenger of Allah! The
son of this womb was a pot, and my breasts has سقاء, and
stone him Eve, although his father divorced me, so he
wanted to being snapped me, the Messenger of Allah said
to her ^: «You are deserving of out by unless Tnkahi the»
[(3)] . This talk of them begged to Prophet ^ jurisdiction over
these three things that I mentioned of pregnancy and
breastfeeding The Aloknav included .. Which was shared by
the father to specializes custody of the boy, endorsing her
it's berthing ^ [(4)] .
The consensus on this point because it is weak creature lacking both care reasons and sponsors sponsored Ahoudnh will [(1)] .
The second requirement: the fare on the nursery and the expense of the child and forced them
Fare on the nursery:
The majority of scholars to have a taxi on custody if was
not Menkouhh or iddah spend on her non-breastfeeding
fare, which is on the charge Bnafqath, and by law, as
stated in Article 142 of the Syrian Personal Status Law:
Nursery fare on the taxpayer at little expense,
according to estimates if entrusted to him.
The Maalikis that do not fare on her nursery at all, although the expense of residential the Child Fbmahash by him or obliged to spend.
The Shaafi'is to it that the requested fare for custody and found a donor or from the requested fare is lower than the mother is not the first.
Hanbali went to the eligibility of the mother with the
fare at all, because his father does not take custody
himself, but pays child to a woman, and his mother right
to it [(2)] .
As Article (143): the mother does not deserve custody
Fare in the event of the marriage or in several divorce.
Tap said: If the father was insolvent custody benefactor
donated Muharram Kalama was him otherwise it is not,
because the mother only if she agrees to first for free,
and force them, if not a donor [(3)] .
This is what it is Syria's personal status law in Article
(144): If the charge of payment for nursery insolvent,
unable to them and donate the custody of a small female
kin Khairat between the incubator holding it without a cab
or handed over to those who donate.
Leaving law custody without charge in case of indigestion
father went in Article (147/2): In the event included the boy
to the mother or of the supply needed maintenance as
long as they are able to do so.
It must be taken into account Article 142 of the Code of
Syrian read that the alimony to be assigned, if the small
expense when mandated deficit or ten, which denote the
text in Article (144) in the provide donated custody when
indigestion father the mother, unless the mother donates
them, which is what the scholars [(1)] , which is a text of
Article (147/2).
Forcing the nursery:
If the mother refrained from incubation forcing them?:
Jurists went to the lack of force for a possible deficit, but
he really her, do not force it, while the force if there is no
other, or any other infant declined to accept the breast of
his mother, or his father was insolvent, can not afford to
rent a nursing Trdah, Vtelzmha the expense [(2)] .
The second topic : the custodian of the women and men and their terms
The first requirement: custodian of women and men
Went public to provide a more deserving women
mother custody, then the mother's mother, then the
mother father and their mothers Almudallaat of the
Banat, because the basic principle is the mother and all
of their cast, to increase شفقتها.
And Maalikis to provide mothers of the mother at all, a
view Shaafa'is in the old, then aunts, and grandmother by
the father, then the father, then the sisters, and aunts.
The public: After Mother ..: sisters, and aunts, and other
novel when the tap: Submit aunt on the father's sister,
saying ^: «aunt or» [(1)] . Then blocks the sister and then
mother and father and aunts, who are last women's
nursery, and then acted to men, and when the tap: then
acted to father, mother and mother's aunt and mother,
then the father's aunt, then aunts mothers and fathers.
Here are the disposal of incubation at the tap to the
men, because they appreciate the protection and the
establishment of the interests of young people, and that
while reaching the age to which they are incubation for
men, according to We will remember him, a fixed for
.according to their strengths, and then to the judge عصبات
The Maalikis: فتصرف after women guardian father,
brother, and then his son, Uncle, and then his son, closest
Valabad the [(2)] .
And went Status Act Syrian in Article (139 P-1) to the
opinion of the tap where he said: the right of custody to
the mother, Vlomha though it raised, Flame father though
Loud, Vllocht sister, Vllocht mother, Vllocht father, Vbannt
sister, Fbnt sister, mother, Fbnt sister, father, Vllkhalat,
Vllamat, in that order, then for عصبات of males on the
order of inheritance.
The incubator request custody stipulating Article (139)
P-3 of the Code of Personal Status Syria: the pods, but
were or grandmother mother to ask the judge delivered
the small and the judge has to decide this delivery
without spending a feud, after confirming Qrapthma
document from the Secretariat of the Civil Registry, and
decides also for a small expense temporary he deems
costly, and is being implemented judge's decision by the
Department of implementation competent and those who
opposed in delivery or in alimony and Juba or amount to
advance to the competent court claiming grievance of
this resolution, and are subject lawsuit procedures and
methods to challenge the legal provisions does not affect
This litigation is filed on the implementation of the
resolution, but until a final judgment is issued.
If brood multiplicity of single-sex: Hanafis to provide
fittest Valawra the Valokpr, and Maalikis the most pathetic,
but Ding including, Shafi'i and Hanbali: knocks, including
[(1)] .
And went to the Syrian Status Law that is the judge who
picks restricted Balosaleh, where Article (140): If there
are several owners the right to custody فللقاضي the right
to choose the fittest.
If this is not a brooder his lap and they expense Muslims
[(2)] .
The second requirement: custodial Terms of women and men
1 Mind and adulthood : because it is the type of
state, the pledge of a child, even if Jane is not a lesson for
him rarely, and is such as illness.
Therefore Syrian Personal Status Law (AD 137), which
stipulates: incubation is required for eligibility of puberty
and the mind and the ability to maintain the child's health
and ethics.
2 justice and lack of debauchery : so as not to fall
into sins such as adultery, which occupies the mother her
child is lost, and enough justice phenomenon, because
the basic principle of justice and honesty, and that the
personal status law, Vastrt ability to maintain a child's
health and ethics (AD 137).
Some of the scholars to count the large number of exit
and similar adultery than the loss of a child.
As well as longer, in part custodian of the men from the
father and the other العصبات, Valvasag and boob no
custody of them, and on the text of the Personal Status
Law Syrian Article (147/3): If proved to be the guardian if
the father is not safe on the micro-or small, يسلمان to
those followed in the state, and without prejudice by
virtue of the first paragraph of this article.
And that swing weight incubator Muscat whatever the
age of the child.
3 to be the womb of Muharram and that the
League : no girl Nursery Uncle, uncle and aunt girl and
aunt, because the nursery building on the compassion
and mercy, incest more pathetic, advance women the
closest Valabad.
The cousin Nursery if custody of a daughter desirable, is
not delivered to an agreement.
4 can not be married to a foreigner for small: ^
saying: «You are right to it unless Tnkahi» [(1)] and to
spend Abu Bakr Ibn Omar Asem to his mother, God bless
them.
5 annexation mother is delivered to the people of
the child and keep it off .
6 RUSHD Father to save money custody.
7 the ability to do custody matters.
8 and not the disease obstruction and lack عاهته the
even to the child like her.
9, non-mute and deaf together.
10 and the security of the place, and the last three
when Maalikis, except that the boy was able to glance
measure there is nothing wrong do when Shaafa'is.
11 to have a father and similar babysit females, his
wife, rented or donor, with no patience for men on the
conditions of children, but did not have the right [(2)] .
The third topic : the incubation time
The first requirement : incubation women and men
The boy : he went to tap incubation for women to
letting go, so eat and drink .. alone, or seven or eight
years, and then to his father .. If was good.
As well as Shaafa'is and Hanbali but given the choice
with them after the discrimination, if reached given the
same, the first being when the father of homogenization,
although there is the fear him banned from the paradox
of his parents.
But Maliki said: remain at his mother to adulthood, then
to the father, and in this novel about Imam Ahmad also.
The Girl: When the tap keep custody of her mother
until menstruate or desirable, or a eleven-year-old, to
Taatkhalq the ethic Women and أمورهن, then to where
you need men for protection and care, lest they dare
greedy.
Maliki said: continue the mother's custody until the next
pair.
The Shafi'i and Hanbali said: continue to discrimination,
then choice when Shaafa'is of between her father and
mother, and be a father without given a choice when
Hanbali.
The above views of when the tap if the incubator is the
mother or one of Alcdetan, if Be the others: the custody
of women continue them to should do Bashaounama, ie:
to discrimination, or Istgnea, then move on to the father,
lest use of non-mothers, do not use for other they [(1)] .
Evidence and discussed:
The quoted majority of scholars from the tap and Shafi'i
and Hanbali, who said custody of the mother of small to
discrimination, including narrated from Ibn Abbas, may
Allah be pleased with him: «divorced Omar ibn al-Khattab
may Allah be pleased with him his wife Ansariyeh or his
son Asim Vgayha afford Bmahsr, but he received may
wean and walked, took his hand to being snapped them,
and Nazaaha him, even racking boy and cried, and said: I
am deserving of my son to you, Fajtsma to Abu Bakr, he
judged her by, and said: fragrance and its heat, and
furnished better for him you even Jasper and choose for
himself » [(1)] .
He Tap: that the mind requires constantly kindergarten
to adulthood, because they mandate fixed for the mother
and ending with puberty, which is in need of care .., but
we left the measurement in the boy what passed in an
interview with Abu Bakr, may Allah be pleased with him
from serving Avasam to his mother unless jasper, and
that was the presence of the companions, and no one
violates it, it was a consensus [(2)] .
And restrict Basba or Balosman .. It is because the first
case is Shara where خوطب the small prayer, but the
severity of it needs to his mother before that.
The current remains on the origin of the measurement,
as needed to remain with her mother to attain, to learn
the etiquette of women and Okhalagahn [(3)] .
It is important as Ibn Abidin: assigned to illness and lack
of conservation Altadhaaa [(4)] .
But Maliki was quoted speech: «You are right to it ...»
has made the nursery to the mother without Taqat, shall
be well, but when the need for them reaching the boy, so
the father, and the female need is a list even married,
according to the father's right Alarah, but upon their
undertaking and their visit [(5)] .
Weighting:
The difference between the jurists have been limited to
the boy who has not yet Jasper, audience said end of
custody بتمييزه, and the Maalikis by reaching, and
narrower in the audience boys بتمييزها, Bachthaúha or her
period and Maalikis are married.
Which Mulls launch sees evidence Odds
Delete (opinion Maliki in the continuation of kindergarten
to adulthood, for an interview: «You are right to it ..» They
are deserving of Palmhoudon even if there is not married,
if reached acted alone or annexing father to him lest he be
lost, as well as the girl, but remain to married to their need,
and gets the father right Balarah pledge, according to the
views of scholars.)
In addition (Hanafi, lest lost parental right to custody,
giving the judge discretion to consider in each case, and
this with a careful investigation and care right Alarah.)
The second requirement: the time h Dhana men and
given a choice of the child between his parents
May show us in the past that the tap, Maliki did not say
Btejear boy at the age of discrimination, but he said it
Shaafa'is for both, and Hanbali in the boy only, while gold
tap to given a choice boy at the age, that amounted to a
reasonable person and met his opinion, but attached to
himself Shaafa'is Hanbali, if reached, and never Maalikis
is to the father.
The girl of the virgin annexation not given a choice
because they مطمع did not test men and does not believe
the deception, although the safe ثيبا did not comprising
the left where she loved and chose, but if you are not
safe on the same graves.
But their evidence: given a choice boy PHP as follows:
Of the Year: Narrated Abu Huraira, may Allah be pleased
with him that a woman came to the Messenger of Allah ^,
she said: O Messenger of God that my husband wants to
go my son has سقاني of well dad grape, has نفعني. The
Messenger of Allah ^: «Asthma him», said her husband:
from Ahakna to have? ^ Prophet said: 'This is your father,
and this is your mother, take whichever you like, however,
however, took his mother, Vantalegt [(1)] .
He drew inference: that the Prophet ^ has good boy
between his parents, and built the right of custody on his
choice, and has worked so companions Vjera all of them
amounted to discrimination [(1)] .
He quoted Shaafa'is on given a choice girl including
Narrated Rafi bin Sinan may Allah be pleased with him
that the safest, and abt his wife to hand, missed the
Prophet ^ said: My daughter is an Al-Futtaim, said Rafi:
My daughter, said the Prophet ^'s Rafi: «sit hand,» he
said to his wife: «اقعدي hand, »said: sit between the two
boys and then said: «Adeuaha», boys Fmalt to her
mother, said the Prophet ^: «O Ahdha the» Fmalt to her
father, he took Rafi bin Sinan [(2)] .
This is clear evidence to prove the absence of
constraints for boys.
Hanbali said the girl not to be given a choice: The
purpose of conservation custody of the girl, and this is to
be set up when her father after seven, but they are
nearing the validity of marriage .., and mandate ,
because the doctrine but it is a download of the project
on the ground.
And remains Altejeaz in the boy without pursuant to
interviews absence of constraints, and that choice would
talk contained mohair it was a child, [(3)] .
Each said Mardaawi of Hanbali: «does not recognize
the child, however not يصونه and forfeits» [(4)] .
The tap was quoted as evidence for the choice would
not at all, that the choice would talk did not want to the
mohair age, but well Abi shows that grape mohair was
serious, he said tap: the choice would rather it is an adult,
it can not be small االستقاء of the well.
And also: the absence of constraints is no wisdom, to
choose the small evil parents, to the predominance of
whims, and its tendency to present pleasure, chooses
.يؤدبه not يهمله
The Maaliki Fastdloa not the choice would what is stated
in al-Bara may Allah be pleased with him, said: «came out
of the Prophet ^, Vtbathm daughter of Hamza: O uncle O
uncle, فتناولها Ali, he took her hand, and said to Fatima,
peace be upon her: Dunk cousin Ahmeliha, Fajtsam where
Ali and Zaid Jafar, Ali said: I am deserving of, a cousin,
Jaafar said: My cousin and her aunt subway, Zaid said: my
niece, judged by the Prophet ^ aunt, said: «aunt is like
mother» [(1)] .
He drew inference: that the Prophet ^ make nursery
aunt, aunt named either, which in its judgment, did not
eliminated Baltkhier, as he said to the mother in the
previous talk: «You are deserving of ...» Making her
nursery absolutely and without given a choice [(2)] .
The most correct opinion:
To say Baltkhier the hampered by many influences
which يؤثره child of laziness and complacency, as well as
keep the baby in the mother to adulthood in which the
right-wasting paternity making it more likely to child
survival to discrimination when his mother and then be
back to his father, his or to األحفظ of them.
The third requirement: Syrian Personal Status Law and incubation time
It was the Legislative Decree No. (59) dated 09/17/1953
judge the application of the Personal Status Law
stipulates that the Syrian custody expires complete boy
seven years of age and girls ninth, Fdlt Article (19) of the
Act (34) on 12/31/1975 , and became the text of Article
146:
Expires nursery complete nine-year-old boy and the girl
eleven.
This also sees is the application of the doctrine of the
tap, and the provisions of the Sharia courts came
accordingly, because there is discretion in the text
resource, as well as the provisions of the Court of
Cassation came, taking into account the general
conditions of the nursery.
Then this article was amended by Law No. (18)
10.25.2003 became the text of Article (146): «expire
nursery complete boy thirteen-year-old girl the age of
fifteen.
Then came the Article (147) in the first paragraph says:
If the guardian is not father فللقاضي the development of
the child is male or female when the fittest of the mother
or the guardian or from The مقامهما to marry a daughter of
or the child reaches the age of majority.
This paragraph is the application of a partial view of
Maliki in the survival of custody to adulthood when his
mother that it was a male, is contrary to the opinion of
Maliki in survival when his father to adulthood, and OK for
them in the survival of the girl when her mother to marry
if she got married, and contrary to the opinion in Taqat
custody to the mother to attain adulthood by, and
contrary to the opinion in the set when the father, as well
as contrary to the mentioned Taqat in the age of
majority, as the age of majority in at eighteen
(AD 162 conditions).
And I see that this article (147) is more material justice to do justice to the maternity and paternity there is no way to waste the right to maternity and the right of paternity, but prolong the nursery to the thirteenth and fifteenth, the wasting of the right of paternity, it can not be for a child that is content after this age custody of the father , Bploghma the يأنفان follow their father, so I think that the present article in the father and the other, giving the judge discretion considered an objective look at an integrated justice for everyone.
Section IV : a nursery place Differs from the rule of the place nursery for the mother
or the other, the the custody of the mother, the place of
custody statute is the place of the spouses if the
marriage, even if he wanted to go out and take his son
with him does not have it so indispensable, and if she
wanted out he may prevent it, if iddah so too Do not go
out to the verse:) ٺ the ٹ ٹ ٹ ٹ ٿ ٿ ٿ ٿ ٺ ٺ ( Divorce: 1 .
If elapsed preparing and wanted to go out to another
country their distance must be considered as two
conditions: Go to her and the occurrence of the marriage
which, as may remarry in the country, it seems the
residence, and the child of the fruits of marriage was
satisfied with custody of the child in it.
And went Abu Yusuf and Muhammad to be considered
as a contract only place, and likely الكاساني that the words
of Muhammad is the former.
If the distance is so close to the father can visit his son
and return before the night it may, it is like moving from
one locality to another one in the town.
And governance, both for the village or city, but if the
contract is in the village and wanted to transport them
not to do so even close.
If the nursery is the mother not have to relocate to
another country other than father [(1)] .
The Maalikis [(2)] that the small Crown disarm if he
wanted to travel a quantum incubator did not agree to
travel with him, a first Bhoudanth but the condition
accept custody of breast another, and not fear him from
traveling, and security in the country of destination.
If she wanted to travel more than six cold [(1)] Vllola
removed, if only her trade is not he taketh away,
provided the security of the road and Country Traveler
him, and when Shaafa'is whether her father took him
leap.
When Shaafa'is Kamalikih but distinctive and father and
grandfather only, so they Aslan in the ratios and
Aatnaahma most, but resided elsewhere, otherwise فمكان
nursery place of the mother, and if he wants to travel a
parent فمكان small privileged and other place Resident
them to come back the other what the travel of risk.
In addition to the security of the road cold and free
Cdidan if damaged them and only that the قاه of it is not.
And father to travel to the child if it is in residence with
his mother corruptive or loss of interest or vocation
education, rather than father take his place [(2)] .
When the first Hanbali is a resident.
The law authorized to travel to the mother and
grandmother mother inside diameter to the place of
residence if not a former نكاحهما country, and the country
in which they operate employee provided there
Muharram have it [(3)] .
Section V : custody of vision and Travel
The first requirement: the doctrines of jurists in the custody of vision
Hanafi:
1 need to see a parent for cuddled located at the other of
them periodically, but every day.
2 If the custody of the mother is the vision in her
dependents, as well as that of the father was done in
Islamic rule, in the opinion of the container to the
contrary, for permitted, and sends the boy to a place
other non-custodial to see it.
3 include Alarah care and follow-up (pledge), and education
and discipline, thus to save the boy.
View of the Maalikis:
1 are Alarah the periodically to suit extension Alarah to
discipline .. Every day or every week or every month ..
2 are Alarah in the father's home for boys, as well as all his
affairs, and the girl in a house mother.
Shafi'i and Hanbali doctrine:
1 are Alarah the periodically in two days and more ..
Otherwise, that decided to place every day, and this is by
discrimination, and beyond: Vejer child, and if the best,
he chose one of them, it was when the other two if a
male, if chosen then it at night and has in the daytime,
and if chosen shall be the father that does not stop him
visit his mother, and prevents their visit.
2 are Alarah for female chose one, and the pre-selection in
place of the other two chosen, do not go out of her house,
lest consisted of the large number of exit and
prominence.
As for the male, the Alarah holds for the father's chosen
or not, the need for rotation of the night and day between
them, and the mother that chose his father come out to
visitors, and have a visit at home if pleased by the father,
but he has to take it out to a.
3 including disciplinary Alarah, education, health care and
even teach the craft and workmanship.
4 bypass in Alarah that does not disturb the other party not
to prolong staying.
The second requirement: right Alarah to Syrian Personal Status Law
Gone law to prove this right in the fifth paragraph of
Article (148), said: «each parent to see his children who
are at the other periodically in the whereabouts of
custody, and when the opposition in it, فللقاضي ordering
to secure this right and set the method implemented
immediately, without the need to judgment of the courts
of the foundation, and on those who oppose in Alarah or
in its own way to review the Court, and applied to the
contrary, the judge ordered the provisions of Article 482
of the Penal Code.
And taken advantage of this text as follows:
1 boy right vision for the father of the other periodically.
2 visibility in the whereabouts of the child.
3 when custodial refused to see custody by the other party,
ordering the judge to secure the right vision and
determines the manner of implementation, without the
need for the rule.
4 When the objection in Alarah and its way lower court.
5 violation of the judge's order requires the death offending According to Article (482 penalties), which reads as follows: «the father and mother and everyone else does not comply with the judge's order فيرفض or delay to bring a minor is not eighteen years of age shall be punished by
imprisonment from three months to two years and a fine of one hundred pounds ».
He notes the following text:
1 did not specify the amount of the vision of one or two hours of the day or night .. Of one or two days per week or month .. First make them at least one day each week, while also Alpetch, and noted that the Court of Cassation in its resolution No. (207 dated 15/05/1971).
2 did not specify the place of vision accurately, is not enough to say: «the whereabouts of the child» his فيحتمل
.. His village .. And custody small, فمكان and his presence as a house sitter should have a mother or a father.
3 despite the discretion of the judge capacity in securing this right and set the manner of implementation immediately and according to his orders, the judge maximum ordering it to see the child in the circle of its implementation of the place of the child (the Court of Cassation decision 873 dated 07/12/1977).
With the Court of Cassation in its decision last has
pointed to the need to take into account the interests of
the boy where he said: «If the rule does not specify days
to see the boy can the execution officer, determined
according to the interests of the child '(decision 205
dated 04/27/1967).
The third requirement: Travel custody
Doctrines of jurists in travel Palmhoudon:
Went public to differentiate between the types of travel: between the need for travel and shift travel and travel near. They went to that shift travel is transmitted by father Palmhoudon to another place to settle a short distance or more [(1)] .
The need for travel: such as traveling for business or for
Hajj, long or short travel, stayed custody when a resident
of the parents, did not travel it when Shaafa'is and
Hanbali only major interest.
And Maalikis to it if they are traveling soon took him
with them, without the guardian, because the right of her
nursery.
If both wanted to travel to the need, and differed their
way, Fbad from the acknowledge?.
Male Rafii from Shaafa'is and two ways: first: lasted
right of the mother, and the other: be with shorter travel
or destination closer, and likely sustainability of the right
of the mother.
Tap went to because they do not travel until father
dispense, for the revocation of the mother's right to
custody, but the father prevented from traveling, but if
they want to travel to her the marriage, which took place
in which it may [(1)] .
Syrian Personal Status Law and travel Palmhoudon:
Has stated in Article (148) as follows:
1 is not the mother to fly her child during the marriage
except with the permission of his father.
2 incubator for the mother to travel Palmhoudon a
promised after without the permission of the guardian to
her hometown which was held to marry her.
3 and for her to travel within the country to the town
where you live, or to the town in which they operate at
any point of public entities, provided that one of her
relatives incest resident of that town.
4 own mother and grandmother have the same right
given to paragraphs 2 and 3 above.
5 for each of the parents to see children who are at the other periodically in the whereabouts of the child ..
It is clear from this article that it applied the doctrine of the tap without the public to travel Palmhoudon, has added the article itself (P 3) passport to her hometown where you live, as satisfaction with the implicit while held the contract in her بإقامتها it, or to the country in which they operate, if they work the general point, and provided there Muharram in the town .., but that the incubator is the mother As Article (149):
If the incubator is the mother does not have the travel to the child without the permission of his guardian.
This article came a restriction on the previous article as
a whole, and in particular the fourth paragraph, they
must ask permission of the Crown in novelty her traveling
Palmhoudon, a whether كالولي not only for him to travel
with permission Hadhanth.
Article (150): «not for the father to travel to the child in
the incubation period of only permission Hadhanth.
Will prevent travel Palmhoudon if it was under the age
of kindergarten, If overcome فلألب to travel wherever he
wants, and this means that the father can travel
Palmhoudon which exceeded the age of custody.
And I've stated in Article (147): «If the guardian is not father فللقاضي the development of the child is male or female when the fittest of the mother or the guardian or from The مقامهما to marry a daughter of or the child reaches the age of majority.
I have taken this article of opinion Maalikis in the continuation of the mother's custody on the girl to marry her and the boy to adulthood, without the opinion of the public to distinguish .. Or 1 [( أشبهه [( , the detail in this and determine this age for both if the guardian is the father.
Custody and outfitted disease:
If custody of the mother's disease first Pettmreidah, the
paper because it is more experience and patience, if
pleased with the father be Tmreidah in his house may be,
but that did not satisfy in her house without being alone
with her.
If Matt custody attended mother outfitted albeit in
home [(2)] .
Education of the child:
The father teaching his son, writing and craft as befits
the situation of the boy and his favor, including the luck
him not Ichaelh to his mother [(3)] .
Therefore the law went to compel the guardian son
compulsory education and only fell mandate and well as
opposition incubator or failure in the education of her son
fall creche [(1)] .
The law went (AD 173) to that of the foster care money
if deemed minor his guardian فتشارك interest where [(2)] .
Section VI : the fall of the nursery and the establishment of nursery
The first requirement: the fall of the nursery
Nursery and fall to drop the street if I got married as
soon as the contract, and said some of the tap: even
enter.
This is not the husband custody Kaamh or uncle, and
when the tap: It is not disliking him not fall because it
Muharram cuddled when the tap, and when the public
even without a mahram if his custody was the son of
Uncle do not fall down.
If divorced returned custody to not fill her husband as soon as the divorce, because if you still inhibitor returned forbidden, but Maliki said: back at all if landed excuse not estimated with him to carry out the affairs of the custody of the disease or have milk or pilgrimage or travel Crown
leap, then still this excuse, do not go back to it if I got married and then divorced unless they are moved to the nursery had fallen creche goes back.
The Article (141) of the Syrian Personal Status Law: return the right to custody if still the cause of his downfall.
Tap stipulated that divorce irrevocably and only the Shaafa'is Balrdjaa.
And goes Maalikis it though married may not drop her custody, and that, as if he had not accept non Hadhanth, nursing or refused to breastfeed only in the house of his mother, Ulm There Ahoudnh, or the fact that the father is incapacitated or absent or unsafe [(1)] .
The Shaafi'is they were of milk and declined to
breastfeed her right to custody fell right to correct them.
The falling drop of his right to custody as the mother
they fall and move to followed, if she wants to return for
dropping return, because they are renewable rights, and
that the mother does not have to drop the right of the
child to the nursery.
The second requirement: the fall of the mother's custody when she marries
General jurists went to the fall of the mother's custody
if she got married, and went to tap not fall if she married
who has custody of the men incest, and this went Syrian
Personal Status Law (138).
Maliki said: If you marry a mahram if not his custody,
Kaljdh if she married Balkhal, did not fall custody.
The Shafi'i and Hanbali: If who gets married right in the
nursery Kaamh the cousin and nephew did not fall creche
in rather taboo or not.
Also, if I got married and was خالعت his father for
custody did not fall custody, but not to maturity, but
Leasing.
Doctrines evidence of the fall of the mother's
custody when she marries or not:
As for their evidence on the fall of the mother's
custody بتزوجها are as follows:
They went to fall Baltazoaj the interview: «You are right
to it unless Tnkahi» [(2)]
He drew inference: that married leads to concern for
her husband for having human [(1)] .
Was held on that consensus, as this was the presence
of the companions, and no one violates them was a
consensus [(2)] .
The third requirement: Syrian Personal Status Law and the fall of the nursery to the mother without a father married
Gold in the Personal Status Law Article (138) to the
following: incubator marriage without Muharram close to
the custody of dropping her custody.
This article is explicit in the fall right incubator for
married her, and this includes whether her husband was
a foreigner is January or soon, is forbidden son uncle.
The fall of the nursery as soon as the contract or to log
in?.
Gold Hanafi, Shafi'i and Hanbali that the mere contract
falls nursery, while Maalikis to the requirement of access
to its downfall [(3)] .
And that the appropriate article (305 Reliable) The necessity to fall custody as soon as the contract.
And went Syrian Court of Cassation (resolution 175 date
05.14.1963) that Uncle is a small jurisdiction over the
owner his mother married a foreigner. That is, they
suggested that the absence of choice mother married
when you are not the father. It means allocation of Article
(147) Article (138), although it was the first in my opinion,
to stay the judge discretion to the absence of the father
as appropriate Article (147) even if the mother is married,
because the destination nursery care custody, may have
to move to non-mother antithesis interest if the mother is
married, and Well what I went to the second paragraph
(AD 147) when he said: «In the event included the boy to
the mother or of the supply needed maintenance as long
as able to do so.
And that if she made her nursery Olzimtha alimony if
their ability to avoid lost custody.
The fourth requirement: the nursery and women's work
I remember what the law stated in Article (139/2) of the nursery do not fall women's work and read: do not fall incubator right to custody of her children because of her work if they believe in their care and care for them in an acceptable manner.
This doctrine Shaafa'is in failing to prevent the pair
working spouse before the marriage work
as passed in the work of the wife alimony and here do not
fall creche work.
The fifth requirement: nursery and willful defiance of women
Article (145) of the Syrian Personal Status Law: If Nczt the women and children were above the fifth, the judge was placed at any couple willing to be noted in the interest of the children on the basis of a positive reason.
The over in nushuz that women fall expense Balnchoz to leave Dar marital gratuitous legitimate (m 74 75 conditions).
Thus: the position of the law in Article 145 is to give the judge discretion in the development of children according to their interests considered when any of the couple.
The sixth requirement: the establishment of nurseries (and unique (?بالسكنى
If sacked boy's mind was not the father attached only if it is not safe on himself and he does not have his own expense only to donate, a view that majority of scholars and was told when Shafi'i and Hanbali: last incubation for religion not his money, as well as if glabrous or there is the fear it lead at.
And is recommended for the Born that Aanfred have
them in his residence and cut his righteousness for them.
The girl When Hanafi and Hanbali if the firstborn
Fndahma together, and only annexed father to himself if
corruption did not hide them, though ثيبا does not have it.
And if they ثيبا or Ascent opinion nor met suspiciously
not include descend where she loved.
The ثيبا fearful When her guardian, and only placed the
judge when a woman secure the trust were not suspicious
Khalaha [(1)] .
When Maalikis and Shaafa'is Ttejer between her parents
to get married and live where you want, Otherwise فتسكن
when one of her parents or Asptha, or in a decent
position to prevent the descent and shame prevents
inefficient, though suspicion attached to him.
Under article 151 of the Syrian Personal Status Law: the
Crown female taboo that comprising the home If under
the age of forty albeit ثيبا, if rebelled for follow-up unjustly
not expense it.
Chapter IV
expense relatives
The first topic : the doctrines of scholars at the
expense of the relatives and their evidence.
Section II : Terms of proven relatives and expense
caused by the
united left to obligatory and how it is obligatory
The third topic : the amount of expense relatives and
maturity and fall
The first topic : the doctrines of scholars at the expense of the relatives and their evidence
The first requirement: the doctrines of scholars at the expense of relatives
Tap went to the necessity of maintenance of assets and
branches and footnotes with wombs incest Kalajuh the
cousins and Alkhúlh without all of their children.
And went in the Personal Status Law Article (159):
answer the expense of all poor unable to gain the scourge
of physical or mental, to inherit from his wealthy relatives
according to inheritance rations.
It is OK to tap opinion.
The Shaafi'is and Hanbali to alimony should be
accorded to assets and branches فتجب of the solvent on
them, and quoted Hanbalis to Zumha on the solvent
brother to his little brother.
And Maalikis to alimony should be accorded to parents
and Khadmanma, and sons only on the mother without a
father [(1)] .
The second requirement: the evidence to prove the expense of relatives
Proved the expense of the parents saying the
Almighty:) ڱ ڱ ڱ ڱ ڳ ڳ ڳ [Abdallah] ( [Isra: 23], and the
verse:) ڳ ڳ ڳ ڳ ( [Luqman: 15] and that spending on them
and do Bkivaathm when poverty is the best charity
known.
To interview the Messenger of Allah ^: «The best man
what to eat from his earnings and his son earned» [(2)] .
And proved the expense of boys, saying the Almighty:) ۇ
ۈ ۈ ۆ ۆ ۇ ( [Al-Baqarah: 233], but saying ^: «Take what is
sufficient for you and your child Virtue» [( 1) .
And proved the expense of people with wombs (Notes)
when you view them, saying the Almighty:) Io Io Iۇ Iۇ Iۆ ( Al-
Isra: 26] and the most important rights of alimony it.
The nation unanimously agreed to the unnecessary
expense of parents and children, and the right Shafi'i and
Hanbali grandparents to parents and grandchildren boys [(
2) .
Section II : Terms of proven relatives and expense caused by the united left to obligatory and how it is obligatory
The first requirement: Terms of proven
maintenance on relatives and caused
1 soon to be poor, unable to gain the small or illness
without parents should never alimony lest يلحقهم the
fatigue gain no benefit Nafqathma with their ability to
gain when tap and Shaafa'is, stipulated Maalikis
indigestion parents and inability, يجبران of earning that
amount.
Went the Personal Status Law Syrian in Article (158): The
boy solvent, whether male or female, big or small the
expense of the parents of the poor even if they were able
to gain, what does not appear, the intransigence of the
father in the selection of unemployment on the work of his
ilk laziness or stubbornness.
The law appears to mediate between two former
Fiqhien views, فاكتفى to the necessity of alimony anemia
parents without requiring the inability to gain If appeared
Anthma in assigning no expense to them, a Maalikis.
And went Syrian Personal Status Law in Article (154):
the expense of every human being in the money, but wife
Venafqatha on her husband.
Article (155): 1 if it were not for the Born money
Venafqath on his father's poor unless incapable of
alimony and gain the scourge of physical or mental.
2 boys expense to continue to marry the female and
the boy up to the extent that it acquires his ilk.
Article (156):
1 if the father is incapable of alimony is incapable of
earning, cost alimony boy obliged to when you are not
the father.
2 alimony be a religion of the father spender, because it
if Acer.
Article (157):
1 does not cost alimony father his son's wife unless
guarantees.
2 be spending the father in this case we have a boy to
be Yoser.
2 religion Union with unspent : It is not inherited with
the difference of religion, as well as alimony because it is
a branch of inheritance, and this for footnotes without
parents and grandparents and boys partial and Albedeih
the two, as well as his wife.
Article (160) of the Syrian Personal Status Law: No
expense with the difference of religion, but of assets and
branches.
3 near Essar spent : obligatory on the face of necessary
link on the rich, In nearly Alolad and the spender is the
father left and is not required but requires the ability to
gain, and the necessity of it to revive expense to himself.
The cause : it is forbidden kinship pieces, or birth
installed to partial and Albedeih the human must revive
the whole and in part, [(1)] .
The second requirement: Limit the left needed to prove the necessity of alimony
Abu Yusuf went to that extent the left is a quorum of
Zakat and otherwise it is not at the expense of his
relatives are forced, because alimony link on rich كالصدقة
the united riches nisaab.
Mohammed went to be alone for the expense of the
preferred month for him and his family فيجبر otherwise it
is not, and The earned day laborers and preferably his
thing فيجبر expense at his own expense, including an
increased as defined by Shaafa'is and Hanbali.
And that has a constant gain in excess of the needs
should be disbursed to his relatives, nor is the quorum to
be considered in the Zakat should be the right of God,
and alimony right slave, he shall be deemed the
possibility of the performance.
And only Maalikis باليسار, is attributable in which to
custom [( 1) .
The third requirement: How should spend on relatives
Went public to distributed as follows: obliges alimony
father of the branches, and the branches distributed
According to the following:
1 obliges alimony closest relatives degrees if met assets
and branches, like father and son Jr. Father Vtelzm.
2 If you met assets and footnotes as a mother and a brother
and brother of the father's brother was alimony according
to inheritance, as stipulated in Article 159 of the Syrian
Personal Status Law.
If you met 3 branches and Notes Valenvqh of the Notes.
And Maalikis to it on the wealthy as much as boys left,
and was told: According to capes, said: According to
inheritance [( 2) .
The third topic : the amount of expense relatives and maturity and fall
The first requirement: the amount to be at the expense
of relatives
And include food, drink, clothing, housing and
breastfeeding and the needy to the server and doctor
fare and the price of drugs to do enough to do so.
He said the public: answer As of sufficiently, for saying ^:
«Take what is sufficient for you and your child Virtue».
Tap said: estimated need, this is not to say the public,
because they عددوا the types of alimony as stated [( 1) .
The second requirement: alimony maturity and fall
Unanimously agreed on the fall of alimony lapse of
time, but they differed in the fall if the judge ruled:
Tap said: prove the expense of elimination by relatives,
as well as consensual, and if you do not grab it also falls
lapse of time, it should be to fill the need, but this is not
obligatory only with Alaasar and then Judge deficit near
indeed Astdanth.
And went Syrian Personal Status Law in Article (161):
eliminates alimony relatives from prosecution and the
judge may governing alimony boys to their father for the
duration of a precedent for the claim that does not
exceed four months.
It is considered good and good for the need and poverty
and disability.
And the father and the grandfather and the boy never
take alimony, but I decided to Article (104) of the Syrian
Personal Status Law: not being clearing between the
expense of a child due to his father and the religion of the
father of the incubator.
The Maalikis not to fall after a judge or spending
provided refer donor, is not obligatory for the future
because, according to the time in which it should be.
To this Shaafi'is with permission judge borrowing or
spending and obligatory in the future as well and actually
borrowed, and only has certification, and to return to
borrowing spent, كالجد the money spent on his grandson
and the father is absent, and the father takes the
expense of his son by virtue of the state capital [(1)] .
Sources and References Index
Glorious Quran
Islamic Library
Mohamed Fouad Abdel Baki
Index words of the Koran
Written explanation
Dar thought Jassaas Provisions of the Koran
Science easing Downloads
Iran edition Razi Big interpretation
Scientific Library Qurtubi Inclusive of the Koran
Dar Al-Andalus Ibn Kathir Great interpretation of the Koran
Arab Heritage Revival House
Alusi Spirit of meanings
Islamic Library Ibn al- Increased path
Books of the year
House Humanities D . Mustafa Albga
Ithaf الألمعي briefly explain Sunan al-Tirmidhi
Arab Heritage Revival House
Ghazali The revival of the science of religion
Foundation message
I'm بلبان Charity in the order of true son h b
I - Ezzat Obaid Da'as
Tirmidhi Whole
House Humanities Imam Muslim Whole right
House Humanities Imam Bukhari
Whole right
Dar al-Hadith Women Sunan
Dar thought Abu Dawood Sunan
World of books Daaraqutni Sunan
Arab Heritage Revival House
Ibn Majah Sunan
Knowledge House Bayhaqi Sunan major
Ibn Abi Hatem
Ills
I -1372 Watchmaker Open divine order Musnad Ahmad
Foundation message
Abu Dawood المراسيل
Islamic Library Publications
Governor Mustadrak
Dar al-Hadith Imam Ahmad Ascribed
Abu Ali Ascribed
Dar Pen Ibn Abi Shaybah
Seed
Islamic office Abdul Razzaq Seed
Dar al-Hadith الطبر that j East lexicon
Library science and governance
Tabaraani Macrothesaurus
Arab Book House Beji Picker explain Muwatta
Dar al-Hadith Owner Muwatta
Knowledge House Ibn al-Atheer End in a strange talk
Mubaarakfoori
Masterpiece Ahwadhi the
Azhar colleges Ibn Hajar Summarize Habeer the
Foundation message
Ibn Rajab Collector science and governance
Dar Pen Dari Sunan recaps
Portal Mustafa Al-Halabi
Zarqaani Explanation Muwatta
House Humanities Nuclear
Explain nuclear ( Curriculum explain true Muslim )
Arab Heritage Revival House
Aini Mayor continental
Dar al-Hadith Genocidal Aoun idol explain Sunan Abi Dawood
Dar Al-Fayhaa Ibn Hajar Baari Foundation message
Ajlouni Secret revealed
Knowledge House Busayri Bottle lamp
Arab Heritage Revival House
Zayla'i Monument flag
Wrote jurisprudential sources
Abdullah bin Mohammed bin
Choice
Dar thought Damietta Helping students
Arab Heritage Revival House
Ibn al-Qayyim
Media sites
Arab Pen House Sherbini Persuasion
Arab Heritage Revival House
Mardaawi Fairness in matters of dispute
Knowledge House Ibn Najim
Sea al-Raa'iq the explanation treasure minutes
Portal Mustafa Al-Halabi
Altsola Glamour explain Masterpiece
Cultural Library Azhari
Proximal fruit in bringing the meanings
Containing large
Portal Mustafa Al-Halabi
Dardeer Explanation small Khalil summary
Arab Book House Ibn Qudamah Explanation great
Faisal portal Isa Al-Halabi
Dardeer Explanation great
Contracts الدرية in the revision of the fatwas الحامدية
Portal Mustafa Al-Halabi
Azhari Fruits Aldoana
Arab Book I'm جزي Jurisprudential laws
Publishers
Facilitator Book House
Abdul Ghani Ghoneimy
Pulp explain book
Arab Heritage Revival House
Mohammed Makki World
Shines Damascene
Islamic office I'm Mofleh Creative convincing explanation
Knowledge House Sarkhasi Mabsoot
Zakaria Ali Youssef
Nuclear Total polite explanation
Portal Mustafa Al-Halabi
Ibn Hazm Local
Dar issued Imam Malik Great Blog
Arab Book House Ibn Qudamah Singer
Dar thought Shirazi Polite
Scientific Library Almargennane
Guidance
Scientific Library الكاساني Badaa'i Trades
Islamic Library Ibn Rushd Beginning of the industrious
Portal Mustafa Al-Halabi
Sawi Salek language
Princely Zayla'i
Demonstrate ultra explain the treasure of minutes
University of Damascus edition
Samarqandi Jurists masterpiece
Dar issued Ibn Hajar al
The needy, with the masterpiece footnote Crvani the
Dar thought Saleh defiant Crown jewels
Azhari
Arab Heritage Revival House
I'm Abdeen
Footnote Ibn Abidin ( Radd on Durr al-Mukhtar )
Dar thought Local
Footnote c ml to explain the curriculum
Heritage Revival House
Cherkaoui Cherkaoui footnote
Knowledge House Eltahawy Eltahawy footnote on Durr al-Mukhtar
Faisal portal Isa Al-Halabi
ElDesoki Footnote to the great explanation
Books Cultural Foundation
Sheikh Mari Hanbali
Student Guide
I'm Abdeen
Messages Ibn Abidin ( designation message about taking payment for the nursery )
Islamic office Nuclear Kindergarten students
Dar issued الخرشي
Brief الخرشي Explanation Khalil and infection with a footnote
Sheikh Ali's expense the ruler of Qatar
Mari Hanbali Until the end
Portal Isa Al-Halabi
Zakaria Al-Ansari
Open Wahab explain the curriculum
Arab Heritage Revival House
I'm carefree M
Venh Qadeer
Major commercial library
Barakat Iceberg god Owner
Dar thought Bahooti Qinaa
Dar Al-Khair Takieddine Alhsna by
The adequacy of the good guys
Arab Heritage Revival House
Damad Effendi
Rivers explain complex Abhar Forum
Saudi Arabia Ibn Taymiyyah
Total fatwas
Dar thought Initial demands Prevention
Arab Heritage Revival House
Sherbini Singer needy explain the curriculum
Islamic office I'm Azavian Mannar way
Dar thought Lumberjack
Talents of Galilee, a brief explanation Khalil
Dar thought Sandy Muhtaaj Portal Mustafa Al-Halabi
Nuclear Curriculum
Legal sources and contemporary jurisprudence
University House Beirut
Mohammed Mustafa Shalabi
Provisions of the family in Islamic jurisprudence
University House D . Tawfiq Faraj
The provisions of the personal status of non-Muslims
Master Thesis at Salah Abu Statutes of limitation
the University of Jordan
Hashish
Dar es Salaam Abdullah Alwan
Engagement and wedding etiquette
Arab Thought House
Abu Zahra Personal Status
Arab Renaissance House
Beautiful Cherkaoui
Personal status of non-Muslims
Arab Thought House
Ahmed Salama
Personal status of nationals of non-Muslims
Abdul Hamid judges
Sexually transmitted diseases penalty urgent Elahih
Dar Manara Bar Sexually transmitted diseases
Dar Al-Farabi Saadi Abu pocket
Ticket in the religious judiciary
Dar thought D . and Zoheily gift
Islamic jurisprudence and evidence
Jordanian Law of Personal Status
Dar thought Mustafa Zarqa
Entrance idiosyncratic year
Explanatory note to the Status Law
Legal Library Adib استانبولي Leader in the Personal Status Law
1984 Mohammed Najm al-Din Kurdish
Ingredients legitimacy
Foundation message
Abdel Nasser Al-Attar
Polygamy
Knowledge House Ahmad Dahlawi
God argument amounting
Master Thesis at the University of Jordan
Shehadeh Swairki the
Postural movement rationing
Arab Renaissance House
Yousef Qasim
Family rights in Islamic jurisprudence
Library Manar Mohammed Hamed
Mercy of Islam, women
Library Manar D . Fawzi Faizullah
Divorce and doctrines
Dar Arabia Abu Ala Mawdudi
The rights of spouses
Journal of the University of Jordan
Search for Sheikh Mustafa Zarqa
Error division of the marriage to the corrupt and void
House Humanities D . Mohammed Hassan Albga
Ward off evil in Islamic law
Renaissance library
Alabaana Explain the legal provisions
Damascus University
D . Abdul Rahman soapy
Explain the Syrian Personal Status Law
Homs Press Atassi Explain the provisions of justice magazine
Arab Thought Abu Zahra The marriage
House contract and its effects
Yamamah D . Ahmed Hajji Kurdish
Dissolution of marriage
Procedural Law
Judicial judgments magazine
Dar thought D . Abdul Rahman soapy
The freedom of spouses in divorce
Islamic office Mustafa Sibai
Explain the Syrian Personal Status Law
Dar Pen A special committee
Project unified personal status law
World Health Organization (WHO)
Wilcox Disease Control
Metric Hagee Nabil Azawahrh the jeweler
Encyclopedia of Personal Status
Islamic Heritage Library
Abu Mohamed Abdel Hadi fast
And عاشروهن Virtue
Assets and language books, translations and terminology
Books Cultural Foundation
Ibn al-Mundhir
Consensus
Books Cultural Foundation
Ibn al-Mundhir
Consensus
Dar thought Ibn Najim Likes and isotopes
Scientific Library Suyooti Likes and isotopes
Scientific Library Ibn Abdul-Barr
Absorption
Dar capital Ibn Kathir Emitter strenuously
Edition Bashir Aladalba,
Azhari Prosperous in a strange words Shafei
Dar thought A . Saadi Abu pocket
Idiosyncratic dictionary
Dar thought الفيروزآبادي Ocean dictionary
Osama bin Zaid library
Almatarza Morocco in the order expressed
Library of majority I'm Mofleh Rational destination
Foundation message
Dereini Curriculum fundamentalism
Darsader Almahba Summary Impact
Foundation message
Ibn al-Qayyim
Zaad
Foundation message
Golden Sir Heraldry
Dar thought I'm Gen. Gold nuggets
Portal Mustafa Al-Halabi
Local Explain the collection mosques
Dar Pen Nasafi Students Students
Princely I'm Nizamuddin
Fouath Rahmot
Tehran Press Haji Khalifa Revealed misgivings
Dar issued Ibn Manzoor San Arabs
House Humanities Razi Mokhtar Asahah
Dar issued Lexicon countries
Foundation message
Mohammad Reza as a case
Dictionary of Authors
Dar thought Rawas Ji Castle
Glossary of language scholars
Morning Press Ibn Hajar Picnic consideration
Scientific Library Ibn Faris Glossary of language standards
Tehran Press Ismail Pasha Gift knowledgeable
1
[(1)] Islamic jurisprudence and evidence: 9/6487, the Personal Status: d.
Saabooni: 11 13, the provisions of the Personal Status, Tawfiq Faraj: 21 22
Personal Status: Ahmed Salama: 18 21. Waldo e and i called dowry: the
amount of money you pay wife's contribution to the burdens of married life
or her guardian, and enters into the device when the Syriac Orthodox,
personal: Ahmad safety: 634 635.
[(2)] ( 1) Procedure Code: 143.
[(1)] ( 2) Sunan Daarimi: 1/133, No.: 493.
[(2)] ( 3) Messages Arab population: 3/37 38.
[(3)] ( 4) Zarqaani Muwatta: 1/7.
[(1)] idiosyncratic entrance year: 1/190 1 margin, movement postural rationing:
2 5.
[(2)] movement rationing: 6.
[(1)] rationing movement: 42 58.
[(2)] postural rationing: 62 64.
[(1)] (1) Personal Status: Abu Zahra: 12 18, Encyclopedia of Personal Status: 27.
[(1)] explanatory note to the Syrian Personal Status Code: 10 16.
[(1)] (1) Ocean dictionary: 76, San Arabs: 5/98.
[(2)] (2) Footnote'm Abdeen: 2/262, needy singer: 3/135, little explanation:
1/376, and the singer: 7/520: sermon man a woman to marry. War: spirit of
meanings for guardian: 2/150.
[(3)] (3) Verse: Whole of the Koran: 3/124, Alusi: spirit of meanings: 2/150, Ibn al:
Increased path: 10/276, needy singer: 3/135, Salek language: 1/376.
[(4)] Narrated by Al-Bukhari: Book of Marriage, door: not preaching a sermon to
marry a brother or leaves, 3/1849, No.: 4848, and his pronunciation. And Muslim:
Book of Marriage, Bab: investigate the sermon on his brother's sermon even
authorize or leaves, 3/1439, No.: 1412.
[(5)] Ibn Hajar al: open-Bari: 9/250, the mayor of the Continental: 20/132.
[(1)] T: Ibn al-Mundhir: consensus: pp. 76 et seq.
[(2)] Narrated by Tirmidhi and classed: 3/397, No: 1087. War: Ithaf األلمعي short
and explain Sunan al-Tirmidhi brand's parents met with Mr. Dr. Mustafa
Albga, may God preserve him: 142.
[(3)] (3) Mokhtar Asahah: 15.
[(4)] (4) Nuclear explain: 3/1448, footnote'm Abdeen: 2/262 and 237, pulp
explain the book: 4/162.
[(5)] Narrated by Abu Dawood in المراسيل, Door: consider when marriages: 186,
number: 216.
[(6)] Salek language with little explanation: 1/376 377.
[(1)] Narrated by Ibn Majah in the Book of Marriage, Door: looking at the woman
if she wanted to marry her, 1/599 No.: 1864 and son Hibbaan in Marriage
9/350, No.: 4042, ruling in Mustadrak: 3/493.
[(2)] singer needy: 3/128, footnote'm Abdeen: 5/237.
[(3)] singer needy: 3/128, 132, footnote'm Abdeen: 5/237.
[(4)] nuclear: Explanation of Sahih Muslim (curriculum): 3/1448, footnote'm
Abdeen: 5/237, the language of Salek: 1/376.
(5)] Qinaa: 5/10.
[(6)] singer needy: 3/128.
[(7)] footnote'm Abdeen: 2/262, 5/237.
[(1)] nuclear: Curriculum explain Whole correct: 3/1448, Ibn Hajar al: open-Bari:
9/182, footnote'm Abdeen: 5/23, Salek language: 1/376. guide: 4/418.
[(2)] singer needy: 1/128, footnote'm Abdeen: 5/237.
[(3)] to explain the legal provisions: 1/8.
[(4)] singer needy: 3/128.
[(5)]- Tirmidhi, no: 1135. See: nuclear explained: 3/1528 1529
[(1)] Narrated by Al-Bukhari: Book of Marriage, Door: competent in religion:
3/1832, No.: 4802, and Muslim in infancy: Door: mustahabb fuck with
religion: 3/1499, No.: 1466.
[(2)] Narrated by Imam Ahmad in his Musnad 7/224, Number: 7415.
[(3)] footnote'm Abdeen: 2/262.
[(1)] narrated Daaraqutni in Book of Marriage: 3/224, No: 18.
[(2)] Badaa'i Trades: 2/268 269, footnote ElDesoki: 2/219, needy singer: 3/136,
Qinaa: 5/18 , to explain the legal provisions: 1/6, the singer: 7/524 525 .
[(3)] Explanation great and footnote ElDesoki: 2/217 219, singer needy: 3/136.
[(1)] singer needy: 3/136.
[(2)] singer needy: 3/135.
[(3)] already been discharged after 21 p.
[(4)] singer needy: 3/136.
(5)] continental Mayor: 20/132, the open-Bari: 9/251.
[(1)] Fath Al-Bari: 9/250, a footnote ElDesoki: 2/217, Singer: 7/520 et seq.
[(2)] singer needy: 3/135 136.
[(3)] Narrated by Muslim: Book of divorce, the door: three absolute no expense
to her: 3/1526 Number: 1480.
[(4)] singer needy: 3/137, continental Mayor: 20/132 .
[(1)] footnote Ibn Abdin and Durr al-Mukhtar: 2/364, the great explanation: 2/219,
students benefit: 3/355 356 t of it:
144, equity in matters of dispute: 8/296, Mannar the way: 1/198 , explain the
legal provisions: 1/168 170.
[(2)] footnote sentences: 4/129.
[(3)] Radd Durr al-Mukhtar: 2/363 365, great explanation with footnote ElDesoki:
2/319 320. Singer contents of C: 2/404, kindergarten students: 5/378 and 385, relief
Taalibeen: 3/355 356. .
[(1)] likes and isotopes: 278 279.
[(2)] (2) Footnote to explain the curriculum: 4/129.
[(1)] t: a footnote ElDesoki: 2/217, Singer: 7/524, explain the legal provisions:
1/10.
[(2)] Narrated by Al-Bukhari: Book of Marriage, Doors: Human daughter or sister
to good people: 3/1842 Number: 4830.
[(3)] (3) T: continental Mayor: 20/115.
[(1)] (1) And effects of the marriage contract: 73 74.
[(1)] to explain the personal status law for the SBA: 1/69.
[(1)] (1) Guide: 1/45 59.
( (1) Ocean dictionary: 223, San Arabs: 14/350, Dictionary of Language metrics:
5/475.
[(2)] (2) Narrated by Al-Bukhari: Book of divorce, the door: divorce passed three
3/1888 Number: 4960.
[(3)] Vocabulary: 505.
[(1)] footnote Ibn Abdin and Durr al-Mukhtar: 2/258, 260, الخرشي to explain
Khalil: 3/165, needy singer: 3/123, Qinaa: 5/5
[(2)] Sunan Bayhaqi: 7/77, No. 13229.
[(3)] Narrated Mustadrak ruling: 2/175, No: 3681.
[(4)] singer needy: 3/124
[(5)] already been discharged, p 25.
[(1)] [Narrated by Al-Bukhari: Book of Marriage, the door: marriage of Thebes:
3/1828, No.: 4792 and Muslims in infancy, the door is mustahabb to marry a
virgin: 3/1500, No. 1466].
[(2)] [ Narrated Mustadrak ruling: 2/176, ID: 2687].
[(3)] [Sunan Women's Book of Marriage, Door: What married Women .3/376 No.:
3227].
[(4)] [ Narrated by Imam Ahmad: 7/224, ID: 7415].
[(5)] [ Narrated Mustadrak ruling: 2/194, ID: 2732].
[6] [Narrated by Tirmidhi: Book sales, door: Helms in early trade: 3/517, No.
1212. Abu Dawood, too. And in November and enters it too. Singer needy:
3/127 128].
[(1)] Narrated by Bukhari book fasting door: fasting for those who feared himself
Baezzobh the number: 1806 1/634 and Muslim book Marriage door:
mustahabb marriage who تاقت the the same to him .. And functioning of the
deficit for supplies fasting: 3 / 1422 Number: 1400.
[(2)] Narrated by Ahmad, 15/530, No.: 21342, Abu Ali: 12/260, No.: 6856, and
his pronunciation.
[(1)] Sunan Women's Book of Marriage, Door: What married women 3/377
Number: 3227.
[(2)] Local: 9/34.
[(1)] footnote Ibn Abdeen with Durr al-Mukhtar: 2/260, 261, Badaa'i Trades:
2/228, 229, needy singer:
3/125, 126, little explanation: 1/373, Qinaa: 5/6 8.
[(1)] Badaa'i Trades: 2/229, footnote'm Abdeen: 2/262 263, great explanation:
2/220, little explanation: 1/375, needy singer: 3/139,, Qinaa: 5/37 .
[(2)] t: a little insane, p: 118.
[(3)] students students: 326, Radd: 5/80.
[(1)] Narrated by Abu Dawood: Book of divorce, Door: divorce humor, No.: 2194.
[(2)] Narrated by Ibn Majah: Book divorce, door: divorce impeller, No.: 2043.
[(3)] Radd on Durr al-Mukhtar: 5/86, the talents of Galilee: 3/453, little
explanation with Salek language:
1/388, persuasion: 411, Singer: 7/431, until the end: 3/17.
[(1)] singer needy: 3/139.
[(2)] singer needy: 3/140.
[(3)] Narrated by Muslim: Book pilgrimage, door: argument Prophet ^ 3/1260,
No.: 1218.
[(4)] Narrated by Al-Bukhari: Book of Marriage, Bab: insolvent married 3/1830.
No.: 4799-Bukhaari and Muslim: Book of Marriage, Door: Dowry passport
being teach the Koran and iron ring 3/1449, No. 1425.
[(1)] This novel narrated by Bukhari: Book Agency, Bab: Agency for Women Imam in
marriage 2/757, No.: 2186, and Muslim: Book of Marriage, Door: Dowry passport
and being ... 3/1451 Number: 1425, and pronunciation his, singer needy: 3/140.
[(2)] Badaa'i Trades: 2/229, the great explanation: 2/220, 221, needy singer:
3/141.
[(1)] (1) Badaa'i Trades: 2/229 231, open Qadeer: 3/105 108, the explanation great
and footnote ElDesoki: 3/220,
.Khalil summary: 3/172 173, singer needy: 3/140, Qinaa: 5/37 41 الخرشي ,221
[(1)] (1) Previously discharged p.45.
[(2)] to open the Almighty: 3/103 105, footnote'm Abdin and Durr al-Mukhtar:
2/263, 264, Badaa'i Trades: 2/231 , the great explanation: 2/221 and الخرشي
on Khalil summary: 3/173, kindergarten students : 7/37 39, singer needy:
3/141, Qinaa: 5/38.
[(1)] footnote son Abdeen: 2/266, Badaa'i Trades: 2/232, footnote ElDesoki to
explain the large: 2 / 220 221, footnote infection الخرشي a brief Khalil: 3/174,
singer needy: 2/6 and 3 / 138, kindergarten students: 7/39, helping the
students: 3/275, Qinaa: 5/41, 3/147, 148.
[(1)] m timid justice provisions, Article 3:, footnote son Abdeen: 2/267, needy
singer: 3/139 140, 2 / 6, Qinaa: 5/41 and 3/146.
[(2)] footnote Ibn Abdeen chosen Durr: 4/20, a singer in need: 3/140 141, Qinaa:
5/40.
[(3)] footnote Ibn Abdeen with Durr al-Mukhtar: 2/271, needy singer: 3/140, 141.
[(1)] Badaa'i Trades: 2/233, footnote'm Abdeen: 2/265, 267, open Qadeer: 3/102,
footnote Adawi الخرشي the brief explanation Khalil: 3/174, the talents of
Galilee: 3/419, singer needy : 3/141, Qinaa: 5/37 and 39.
[(1)] footnote Ibn Abdin: 2/271, Adawi الخرشي the footnote: 3/174, needy singer:
3/141, and needy masterpiece and a footnote Crvani: 7/221., Qinaa: 5/39.
[(2)] singer needy: 3/141, the needy and the masterpiece footnote Crvani:
7/221, Qinaa: 5/39, to explain the magazine Atassi: 1/194, 195, contracts
1/16الحامدية: in revise opinions الدرية .
[(1)] footnote Ibn Abdin and Durr al-Mukhtar: 2/265, 271, War: :175 3/174الخرشي ,
singer needy: 3 / 140, Qinaa: 5/37 39.
[(1)] footnote Ibn Abdeen: 2/269, 271, needy singer: 3/139, students benefit:
3/276, 277, Qinaa: 5/39 40.
[(2)] to open the Almighty: 3/102, footnote'm Abdin: 2/263, the great
explanation: 2/220 221, :3/173الخرشي , needy singer: 3/139 140, Qinaa: 5/37 .
[(1)] needy Singer: 3/140 141, Qinaa: 5/39, to open the Almighty: 3/102.
[(1)] footnote Ibn Abdin and Durr al-Mukhtar: 2/332 333, Badaa'i 'Trades: 2/278,
the great explanation: 2/307 308 , kindergarten students: 7/40 41, singer
needy: 3/142 143, Qinaa: 5/92 93.
[(2)] Narrated by Muslim: Book of Marriage, Door: prohibition of marrying
shighaar and void: 3/1441 Number: 1415.
[(1)] leader in family law: 1/195, before and after, to explain the legal provisions
for Opiani: 1/30.
[(2)] more detail see: the concept of corruption when the scholars of his doctoral
thesis: ward off evil in jurisprudence : 59.
[(1)] dictionary Pacific: 264.
[(2)] to open the Almighty: 6/2, the idiosyncratic dictionary for Saadi Abu pocket:
203.
[(3)] masterpiece jurists: 2/195, rivers Complex: 1/320, Mabsoot: 5/16, Hedaya:
1/206, the language of Salek: 1 / 375 376, great explanation: 2/216, Picker
explain Muwatta : 3/313, needy singer: 3/144, Muhtaaj: 6/213 , Qinaa: 5/65,
Mannar way to'm Azavian: 2/145.
[(4)] true son Hibbaan: Book of Marriage, Male denied leave the marriage
contract without a guardian and two witnesses 9/386 No. 4075 , Bayhaqi:
Book of Marriage, the door is no marriage without بشاهدين good character
7/125, Daaraqutni: 3/225 No.: 23, The novel Bayhaqi and Daaraqutni-no
where (what was otherwise fuck is false) and has this evidence: 1 ^ saying:
«no marriage without a guardian and two witnesses. Narrated by al-Bayhaqi:
Book of Marriage: 7/125, Daaraqutni: Book of Marriage:
3 / 225 Number: 21, talk strengthens the trial mentioned, 2 saying ^: «to be
in the marriage of four: the guardian, husband and two witnesses» Sunan
Daaraqutni: Book of Marriage 3/225, No.: 19, 3 ^ saying: «no marriage
without witnesses, narrated by Bayhaqi: Book of Marriage, 7/111.
[(5)] Narrated by al-Tirmidhi: Book of Marriage, Door: Helms is no marriage only
3/411ببينة, , Number: 1103.
[(1)] Narrated by Bukhari: Book of Marriage, Door: take concubines and freed جاريته
then married her 3/1830, No.: 4797, and Aloqt : milk powder dry, and Alantaa:
Collect Nta what kept him food from the skin, and concubines collect secret a
nation , finish: 1/68, dictionary Pacific: 690, Fath Al-Bari: 9/126 128.
[(2)] Badaa'i Trades: 2/252, a masterpiece-Ahwadhi: 4/197 198, prostitutes punk
collection a free nation or promiscuous, dictionary-Pacific: 1137.
[(3)] Adawi الخرشي the footnote: 3/167.
[(4)] Badaa'i Trades: 2/253, needy singer: 3/144.
[(1)] Badaa'i Trades: 2/253, explain the large: 2/216 217, singer needy: 3/144,
Qinaa: 5/65 and 41, the singer: 7/337 342, and talk Narrated by al-Tirmidhi:
The Book of the border, Door: What Ja E in the prevention of the border:
4/33, No.: 1424 ruling in Mustadrak: The Book of the border, 4/426 and said:
talk true attribution.
[2] See: Terminator Marriages Posted: 370 375.
[(1)] (1) Jurists masterpiece: 2/195 197, Badaa'i the Trades: 2/253 256, Mabsoot:
5/16 and 31, the explanation great and footnote ElDesoki: 2/216,
kindergarten students: 7/45 49, singer needy: 3/144 146 , footnote
ELSHARKAWY: 2/231, Qinaa: 5/65 66.
[(1)] Badaa'i Trades: 2/252, 253, great explanation: 2/216 and 236, the needy
singer: 3/144, kindergarten students: 7/36, Singer: 7/434 435, Qinaa: 5/66.
[(2)] Narrated by al-Tirmidhi: Book of Marriage, Helms door in the marriage
announcement 3/399, No. 1089.
[(3)] Narrated by al-Tirmidhi: Book of Marriage, Door: Helms in the Declaration
on Marriage, 3/398, No. 1088, said: a good talk, and Women: Book of
Marriage: Door announcement marriage sound, 3/458, Number: 3369.
Bukhaari.
[(4)] Musnad Ahmad: 13/129, No.: 16658.
(5)] masterpiece Ahwadhi: 4/178.
[(6)] Explanation small and Salek language: 1/391 392, footnote ElDesoki and
explanation Big Dardeer: 2 / 216 and 236.
[(1)] Sunan Bayhaqi: Book of Marriage, the door: no marriage without بشاهدين
good character, 7/126, Muwatta: Book of Marriage, the mosque door may not
be the marriage of 388, No: 26.
( (2) Picker explain Muwatta: 3/313, the code for the front of the owner: 2/128,
the first Book of Marriage Marriage without evidence, Blog accessory to Ibn
Rushd: 5/264.
[(1)] dictionary Pacific: 686, Morocco: 2/256, Alzaher: 214.
[(2)] guidance: 1/212, Badaa'i the Trades: 2/272, needy singer: 3/142, Salek
language: 1/393, Qinaa: 5/96.
(3)] Damascene Shine: 5/245.
[(1)] Muslim: Book of Marriage, Door: What came the prohibition mut'ah
marriage, 3/430, No: 1122.
[(2)] Badaa'i Trades: 2/556 557.
[(3)] Narrated by Bukhari: Book of Marriage, Door: Messenger of God ^ for fuck
fun finally: 3/1841, No.: 4825 , and Muslim: Book of Marriage, Door: fuck fun
and a statement that it is permissible and then copy the 3/1434, No. : 1407.
[(4)] Narrated by Muslim: Book of Marriage the door: mut'ah marriage and a
statement that it is permissible then copy: 3/1431, No. 1406.
[(1)] Narrated by Muslim: Book of Marriage, Door: mut'ah marriage and a
statement that it is permissible and then copy the 3/1429, No.: 1405, and
Otas is the year of the conquest of Mecca.
[(2)] Sunan Ibn Majah: Book of Marriage door: it is forbidden to marry fun 1/631,
No: 1963.
[(3)] Sunan Bayhaqi: Book of Marriage, Bab mut'ah marriage, 7/207.
[(4)] Sunan Bayhaqi: Book of Marriage, Door: mut'ah marriage, 7/206.
[(5)] monument flag: 3/180, Sunan Bayhaqi: Book of Marriage 7/207.
[(6)] Fath Al-Bari: Book of Marriage 9/216.
[(1)] Narrated by Al-Bukhari: The Book of Virtues Quran, Bab: authored Koran
3/1803, No.: 4707.
[(2)] Damascene Shines: 5/112, 245 308 and 465, Foresight: 3/148, politeness:
2/190, kindergarten Gorgeous: 2/104.
[(1)] Ibid.
[(2)] Narrated by Bukhari: Book interpretation, Door: verse: ) ڳ ڳ ڳ ڳ گ گ گ گ ک
) ڱ
3/158, No: 4339 and Muslim: Book of Marriage, Door: fuck fun 3/1429, No.:
1404 . And pronunciation him.
[(3)] Narrated by Muslim: Book of Marriage, Door: mut'ah marriage No.: 3/1430,
No.: 1405.
[(1)] Sahih Muslim nuclear explain: 3/1430.
[(2)] Narrated by Al-Bukhari: Book of Marriage, Door: The Messenger of God ^
mut'ah marriage 3/1840, No.: 4825 . Muslim, Book of Marriage, Door: mut'ah
marriage 3/1430, No.: 1406.
[(3)] for an explanation of choice Radd 3/127, great explanation: 7/752.
[(1)] (1) Singer needy: 3/175.
[(2)] containing large: 9/197.
[(1)] singer needy: 3/175.
[(2)] footnote infection: 2/51.
[(3)] Qinaa: 5/69.
(4)] footnote infection: 2/51., singer needy: 3/176.
[(1)] polite: 2/42.
[(2)] footnote infection: 2/51.
[(3)] end Muhtaaj: 6/268.
[(4)] Badaa'i Trades: 2/258.
[(1)] footnote infection: 2/51.
[(2)] for the singer Ibn Qudaamah: 6/569, needy singer: 3/177.
[(3)] Badaa'i Trades: 2/258.
[(4)] containing large: 9/200.
[(5)] polite: 2/43.
[(6)] narrated Daaraqutni: Book of Marriage 3/268, No.: 90, and al: Book of
Marriage, Door: adultery does not deprive halal .7/168 and added: «marry
someone old.
[(1)] guidance: 1/209, jurists masterpiece: 2/124.
[(2)] Narrated by Al-Bukhari: Book certificates, door: the certificate on the
genealogy: 2/875, No: 2502.
[(3)] containing large: 9/198.
[(1)] containing large: 9/198, needy singer: 3/176, demands preliminary Nuha:
5/89.
[(2)] singer needy: 3/176.
[(3)] singer needy: 3/176.
[(1)] Badaa'i Trades: 2/262.
[(2)] initial demands Nuha: 5/91.
[(3)]- Mabsoot: 3/132.
[(4)] Singer: 6/572.
[(5)] laws jurisprudence: 178.
[(1)] pulp: 4/36.
[(1)] Badaa'i Trades: 2/268 269, Muhadhdhab: 2/45, me Muhtaaj: 3/135, the
language of Salek: 1/388, great explanation: 2/218.
[(1)] Narrated by Al-Bukhari: Book of divorce, the door: divorce passed three
3/1888, No.: 4960.
[(2)] Narrated by Ibn Majah: Book of Marriage, Door: analyst and analyst has a
1/623, No: 1936.
[(3)] Badaa'i Trades: 3/187, 188, great explanation with footnote ElDesoki: 2/258,
259, polite: 2 / 46 47, singer needy: 3/183, Singer: 7/574 575, Male talk in the
singer said: Narrated Nafi from Ibn Umar.
[(1)] Narrated by Muslim: Book of Marriage, Door: haraam for a woman to combine
her aunt or her aunt 3/1435 Number: 1408.
[(1)] Badaa'i Trades: 2/262 263, Salek language: 1/401, kindergarten students:
7/117, 118, singer with great explanation: 7/478 479, the explanation great
singer: 7/489.
[(2)] Narrated by al-Tirmidhi: Book of Marriage, Door: what was in the man
delivers and has ten wives 3/435, No.: 1128 , and Ibn Majah: Book of
Marriage, the door of the man delivers and has more than four 1/628, No:
1953.
[(1)] Badaa'i Trades: 2/263, Salek language: 1/401, a great explanation: 2/255,
kindergarten students: 7/121, needy singer: 3/181 182,, Qinaa: 5/81 82.
[(1)] t: Qinaa: 5/38, polygamy: Abdel Nasser Al-Attar, explain the Syrian
Personal Status Law: 1/141 et seq.
[(2)] Badaa'i Trades: 2/270, the great explanation: 2/267, needy singer: 3/187,,
Qinaa: 5/84, the singer: 7/502 503.
[(3)] see p 227.
[(1)] Narrated by Al-Bukhari: Book of divorce, door: Allaan in the mosque, 3/1907,
No. 5003, and his pronunciation. and Muslim: Book curse, 3/1543, No.: 1492.
[(2)] leader in the Syrian Personal Status Law: 1/128, 131, explain the Syrian
Personal Status Law for Dr. Saabooni: 1/156.
[(1] (1) Fath al-Qadeer: 3/157, guidance: 1/213, great explanation: 2/214, 215,
needy singer: 3/147
, 157, kindergarten students: 7/50 and 94, Mannar the way: 2/146 147.
[(2)] Narrated by Muslim in the Book of Marriage, Door: ask الثيب permission in
marriage pronunciation, and pristine silence 3/1443, No.: 1421. It has more
than one context.
[(1)] of the above, p 85.
[(1)] Badaa'i Trades: 2/233, 237 and 5/135, Mabsoot: 4/226, explain the large:
2/241, footnote ElDesoki: 2/241, polite: 2/33, the singer with the explanation
great: 7/393 394, Qinaa: 5/44.
[(2)] singer needy: 2/217, Mokhtar Asahah: 462.
[(2)] Narrated by al-Tirmidhi: Book of Hajj, Door: Helms in hatred married
Muharram, 3/200, No.: 841.
[(3)] singer needy: 2/217, 237, polite: 1/348 349.
[(1)] Narrated by Abu Dawood: Book of Marriage, Bab: In the Guardian, 2/229,
No.: 2085, and al-Tirmidhi: Book of Marriage, Door: Helms is no marriage
without a wali, 3/407, Number: 1101., Ibn Majah in marriage , door: no
marriage without a wali, 1/605, No: 1880.
[(2)] Narrated by Ibn Majah: Book of Marriage, the door is no marriage without
poly, 1/606, Number: 1882 and supplemented: «the adulterous married
itself, Daaraqutni: Book of Marriage: 3/227, No: 25.
[(1)] t: Durr al-Mukhtar stated Radd: 2/327.
[(2)] Sahih Al-Bukhari: Book of Marriage, Door: If the guardian is the suitor
3/1846.
[(1)] guidance: 1/220, 221, footnote I'm Abdeen: 2/325 328, open Qadeer: 3/196
197, treasure Minutes: 2/132 135, great explanation with a footnote
ElDesoki: 2/231 233, الخرشي a brief Khalil: 3/190, fruit proximal: 436 440,
fruits Aldoana: 2/22, polite: 2/38, kindergarten students: 7/72 77, singer
needy: 3/147, 157, 159 and 163, the Scouts Mask: 5/56 58, singer: 7/354 and
361.
[(2)] Kindergarten students: 7/74 75.
[(1)] dictionary Ocean: 1209, Mokhtar Asahah: 463.
[(2)] dictionary idiosyncratic: 39.
[(1)] Sunan Bayhaqi: Book of Marriage, the door: Do not fuck only poly Guide,
7/124.
[(2)] Narrated by Muslim: Book of Marriage, Door: the prohibition of marriage is
forbidden and hatred speech, 3/1436, No.: 1409.
[(3)] Badaa'i Trades: 2/239, Radd on Durr al-Mukhtar: 2/295, 304 306, little
explanation: 1/387 , needy singer: 3/154 156, Qinaa: 5/53 54.
[(1)] Badaa'i Trades: 2/241, 245, little explanation: 1/381 382, kindergarten
students: 7/77, 94, 96, Nuha initial demands in explaining the very ending:
5/55.
[(2)]- Mabsoot: 4/212, beginning industrious and end Savin: 2/9, Local: 9/560.
[(3)] mentioned by Ibn Qudamah in Singer: 7/393.
[(4)] combined with the provisions of the Quran: 18/148.
[(2)] (2) -Mabsoot: 4/212 213.
(3)] Mabsoot: 4/212 213.
[(4)] the beginning of the industrious and the end of Savin: 2/9, Picker explain
the Muwatta: 3/272.
[(5)] little explanation: 2/353.
[6] Singer: 7/380.
[(7)] Narrated by Al-Bukhari: Book of Marriage, door: Ankah man and his son's
small, 3/1847, No.: 4840, and Muslim: Book of Marriage, Door: married father
pristine small 3/445, No.: 1422.
[8] Narrated by Muslim: Book of Marriage, Door: ask الثيب permission in marriage
pronunciation and pristine silence 3/1443, No.: 14217
[(1)] Qinaa: 5/43.
[(2)] kindergarten students: 5/401, total polite explanation: 15/321.
[(3)] Narrated by Muslim: Book of Marriage, Door: ask الثيب permission in
marriage pronunciation, and pristine silence: 35/1443, No.: 1421.
[4] Sahih Muslim nuclear explain: 3/1444, Sunan women explain Suyooti: 6/86.
[(1)] to open the Almighty: 2/396 397.
[(2)] to open the Almighty: 2/405 407, Mabsoot: 4/213 215, Radd: 2/304 306,
Badaa'i ' Sanai:
2/245.
[(1)] to open the Almighty: 2/406 407, Mabsoot: 4/214.
[(2)] little explanation: 1/381 382, Picker explain Muwatta: 3/274, Qinaa: 5/45
46.
[(1)] Singer: 7/381.
[(2)] already been discharged, p 85.
[(3)] of the above, p 85.
[4] Total polite explanation: 15/321.
[(1)] to open the Almighty: 2/407, Mabsoot: 4/219, sea al-Raa'iq the: 3/127.
[(2)] to open the Almighty: 2/413 414.
[(3)] is part of the modern Narrated by Abu Dawood: Book of Marriage, door: in
the Guardian: 2/229, No.: 2083, and pronunciation him, and Tirmidhi: Book of
Marriage, Door: What came no marriage without a wali: 3/407, No. : 1102,
said: good. It is: 'Any woman who gets married without the permission of her
masters, her marriage is invalid, her marriage is invalid, her marriage is
invalid, the income her فالمهر her what hit them, the فالسلطان تشاجروا Crown
does not crown him.
[(1)] Badaa'i Trades: 2/239, Radd on Durr al-Mukhtar: 2/295, 304 306, little
explanation: 1/387, needy singer: 3/154 156, Qinaa: 5/53 54.
[(2)] Badaa'i Sanai in divine order: 2/247 248, Radd Durr al-Mukhtar: 2/297, the
great explanation:
2/222, 223, polite: 2/36, Muhtaaj to explain the curriculum: 6/223 , Singer:
6/491.
[(1)] See: Badaa'i, Sanai in divine order: 2/248.
[(2)] already been discharged, p 85.
[(3)] Narrated by Abu Dawood: Book of Marriage, door: In ,2/233الثيب , No.: 2100,
and Women: Book of Marriage, Bab: pristine permission, 3/400, Number:
3263.
[(4)] Narrated by Al-Bukhari: Book of Marriage, the door: If his son is unwilling
Venkaha payoff, 3/1848, No.: 4845.
[(1)] already been discharged, p 57.
[(2)] already been discharged, p 89.
[(3)] already been discharged, p 85.
[4] See: mujtahid start: 2/5, the end of the needy: 6/223, needy singer: 3/149,
Muhadhdhab: / 37.
[(5)] Badaa'i Trades: 2/247 248, the guide: 1/191, sea al-Raa'iq: 3/117,
industrious start: 2/9, singer needy: 3/150 151, Qinaa: 5/54.
[(1)] to open the Almighty: 2/415 and 416, Mabsoot: 4/220, 222, Qinaa: 5/54 55.
[(1)] Mabsoot: 4/222, Badaa'i 'Trades: 2/250, the talents of Galilee: 3/421, little
explanation: 1/384 385, needy singer: 3/153.
[(2)] Badaa'i Trades: 2/247, Grand Entries: 2/144, needy singer: 3/198 199, Singer:
7 / 368, Mannar the way: 2/154.
[(3)] dictionary Pacific: 930, Mokhtar Asahah: 284.
[(1)] Narrated by Al-Bukhari: Book of Marriage, Door: said: no marriage without
a wali, 3/1846, No.: 4837.
[(2)] Badaa'i Trades: 2/247 249, jurists masterpiece: 2/224 225, the explanation
great with footnote ElDesoki:
3/222 223, Salek language with little explanation: 1/381, kindergarten
students: 7 / 54, a singer in need:
3/147, Qinaa: 5/48 49.
[(3)] already been discharged, p 85.
[(1)] Sunan Daaraqutni: Book of Marriage 3/228, No: 30.
[(1)] (1) Hedaya: 1/220, 221, footnote I'm Abdeen: 2/325 328, open Qadeer:
3/196 197, treasure Minutes: 2/132 135, great explanation with a footnote
ElDesoki: 2/231 233, الخرشي Summary Khalil: 3/190 , fruit proximal: 436 440,
fruits Aldoana: 2/22, polite: 2/38, kindergarten students: 7/72 77, singer
needy: 3/147, 157, 159 and 163, Qinaa: 5 / 56 and 58, the singer: 7/354 and
361.
[(1)] treasure of minutes: 2/132 133, Badaa'i 'Trades: 2/233, footnote'm Abdin:
2/325, 327, little explanation: 1/386 387, kindergarten students: 7/75, a
singer in need: 3 / 163, Qinaa: 5/56
and 237, and t it: 5/50 51 and 62.
[(2)] Radd on Durr al-Mukhtar: 2/304 306, little explanation: 1/382, needy
singer: 3/150, 164 165, Qinaa: 5/43 46.
[(1)] Radd and Durr chosen: 2/296 297.
[(2)] subsidy applicants: 3/330, Book of Marriage. separation efficiency.
[(3)] Sunan Bayhaqi: Book of Marriage, Door: efficiency as 7/133.
[(4)] Badaa'i Trades: 2/317, Radd: 40/209, 215, the language of Salek: 1/398,
singer needy:
3/165 166, singer: 7/375.
[(1)] Badaa'i Trades: 2/317.
[(2)] Narrated by Abu Dawood: Book of Marriage, Door: qualified 2/233, No:
2102.
[(3)] Musnad Ahmad: 17/12, number: 23381.
[(4)] Badaa'i Trades: 2/318 319, Radd on Durr al-Mukhtar: 4/209, 215, jurists
masterpiece: 2/212, 215, pulp: 3/13, Qinaa: 5/67 68, equity: 8/107 110.
[(5)] jurisprudence laws: 202, footnote ElDesoki the: 2/249 and beyond, in a
language that walketh to the nearest tract with little explanation: 1/370 371.
[(6)] singer needy: 3/165 167, students benefit: 3/330 331, Muhadhdhab: 2/39.
[(1)] Narrated by al-Tirmidhi: Book of Marriage, Door: What if there comes came
from whose religion فزوجوه commitment, 3/395, No: 1084.
[(2)] Radd: 4/213, pulp: 3/13, jurists masterpiece: 2/212, Badaa'i the Trades:
2/318 320.
(3)] footnote ElDesoki: 2/251, the language of Salek 1/398 399, laws
jurisprudence: 202.
[(1)] the previous reviewer.
[(1)] Badaa'i Trades: 2/623, Radd on Durr al-Mukhtar: 2/297 and 234, Mabsoot:
5/25, the language of Salek: 1/399, singer needy: 3/164, polite: 2/49, total:
17/275, Singer: 6/480 481.
[(2)] Narrated by Muslim: Book of divorce, Door: divorced three times at the
expense of her 3/1526, No.: 1480.
[(3)] Narrated by Al-Bukhari: Book of Marriage: Door competent in religion:
3/1831, No.: 4801.
(4)] Mabsoot: 5/25 26, Badai: 2/624, a footnote ElDesoki: 3/58, the language of
Salek: 2/399, Total: 17/275, Mother: 5/15, Singer: 6/481.
[(1)] to open the Almighty: 3/187, crown jewels: 1/288, students benefit: 3/554,
Mannar the way: 2/106:
[(1)] t: ward corrupting: 311 et seq.
[(1)] t: Leader in the Personal Status Law: 1/102, 104 and beyond ...
[2] See: Terminator Marriages Posted: 373 380.
[(1)] Narrated by Al-Bukhari: Book of Marriage, the door: your husband have the
right to 3/1869, No.: 4903, Fath Al-Bari:
9/299, and t: the interpretation of the verse: 3/80 onwards and 424 et seq ..
[(2)] Narrated by Bukhari: Book of Marriage, the door: If you are women
immigrant mattress her husband 3/1868, No.: 4897 and Muslim Marriage:
Door prohibition of abstaining from the bed of her husband 3/1470, No.:
1436, Fath Al-Bari: 9/293 299.
[(3)] (3) The revival of the science of religion: the rights of the spouse 2/58.
[(1)] Narrated by Al-Bukhari: Book Friday, Door: Friday in villages and towns,
1/296, number: 853.
[(2)] Narrated by Muslim: Book of Marriage, the door: the prohibition of
disclosure of the secret Women 3/1470, No.: 1437.
[(3)] t: Human Family: 257 258, the provisions of the Family: 347, footnote son
Abdeen 3/28, and guidance: 1/208 209, the explanation small: 1/399, explain
local: 3/243, polite 2/25 , Mannar the way: 2/163 165, Local: 9/224.
[(1)] t: guidance: 2/221 and beyond, polite: 2/55, kindergarten students: 7/249,
little explanation: 1/375, fruits Aldoana: 2/22, Rawd box: 411, Mannar way:
2/187.
[(2)] Narrated by Al-Bukhari: Book of expenditure, the door: If you do not spend
man, 3/1926..., فللمرأة , No.: 5049.
[(3)] Narrated by al-Tirmidhi: The Book of Virtues and Merits, Door: creation ^ And patience 5/709, No: 3895.
[(4)] Narrated by Al-Bukhari: Book expenses, door: Alimony preferred to parents
3/1921, No.: 5036.
[(5)] Narrated by Abu Dawood: Book of Marriage, door: In Alastimar 2/231,
Number: 2095.
[(6)] Narrated by Muslim: Book of breastfeeding, Bab: commandment women
3/1504, No.: 1469.
[(1)] Narrated by Al-Bukhari: Book expenditure, door: service men in his family
3/1926, No.: 5048.
[(2] (2) Hedaya: 1/241, 242, great explanation: 2/339 343, needy singer: 3/251,
256, Qinaa: 5/198.
(3)] Tabari explanation: 28/165.
[(4)] (4) Mercy of Islam, women: 49 50.
[(1)] Musnad Ahmad, 2/307, No: 1661.
[(2)] Narrated by al-Tirmidhi: Book of Marriage, door: what came in the right pair
of women 3/466, No: 1161.
[(3)] Narrated by Ibn Majah: Book of Marriage, the door: the right pair of women
to 1/595, No: 1835.
[(4)] the provisions of the Family: 347 349, the rights of the family: 207 208, the
engagement and wedding etiquette: 126 128.
[(5)], the engagement and wedding etiquette: 127.
[(1)] polite: 2/66.
[(2)] Radd: 2/359 in Radd said: «if they wanted obligatory pilgrimage mahram or
her father for so, for example, needs to be serviced, even if an infidel or was it
coming down and did not ask her husband about the world and they come out
without his permission in all ».
[(3)] the rights of the 212 family, the mercy of Islam in women: 57.
[(4)] Narrated by Al-Bukhari: Book Friday, Door: Friday in villages and towns,
1/296, number: 853. War: Open-Bari: 2/380 381.
[(5)] the rights of the family: 212 213, the provisions of the Family: 350 351.
[(6)] t: the facility: 1/140.
[(1)] the rights of the family: 214 216, the provisions of the Family: 350 352.
[(2)] Narrated by Ibn Majah: Book of Marriage, the door hit the women's 1/638,
No: 1984.
[(3)] Narrated by Ibn Majah: Book of Marriage, the door hit women 1/639, No:
1985.
[(4)] the rights of the family: 214 216, the provisions of the Family: 351 352 t:
Fath Al-Bari: 9/302 304.
[(1)] (1) In the Syrian Personal Status Law called this: types of marriage,
preferring to be called the above-mentioned this, because it is not a
marriage of sorts, but is one thing, and accidentally species, but it is a
positive judgment, the descriptions of the contract.
[(2)] (2) Badaa'i Trades: 2/330 334.
[(1)] (1) Great explanation: 2/302.
[(1)] Radd on Durr al-Mukhtar: 2/350 353 and 607, Badaa'i made: 2/335, explain
the large: 2/302, explain the personal status law Syrian: 1/252 and beyond,
search: «error division of the marriage to the corrupt and void »Sheikh
Mustafa Zarqa Journal of Research, University of Jordan: 29 and beyond.
[(2)] dictionary Pacific 431, Morocco: 2/279, Mokhtar Asahah 404.
[(1)] Radd on Durr al-Mukhtar: 2/329, needy singer: 3/220, footnote sentences to
explain the curriculum: 4/35 , Qinaa: 5/128.
[(2)] Narrated by Al-Bukhari: Book of Marriage, Door: marriages on the Koran
Without Friendship, 3/1851, No.: 4854.