Marriage Analysis and the Effect of Intention in which: A Comparative Jurisprudential Study

Author

Assistant Professor in the Department of Jurisprudence College of Sharia and Fundamentals of Religion King Khalid University - Kingdom of Saudi Arabia

Abstract

The glorious Sharia has taken care of the formation of the Muslim family through a firm contract and covenant, namely, permanent marriage, which is based on sound and sound foundations, from the choice of each spouse to the other over morals and religion, with good intentions and sound intentions. So that the ten will last between them, and each of them will be a residence for the other, and affection and mercy will prevail, as the Almighty said: “And among His signs is that He created for you wives from among yourselves to find repose in them, and He made between you affection and mercy. On His servants, as the Almighty says: “And God has made for you wives from among yourselves, and He has made for you from your wives sons and grandchildren.”
These purposes and purposes are not fully achieved except by a contract intended to be perpetuity and continuity, not by a contract that stipulates piety or is intended to be non-sustainable.
And the non-sustainability of marriage is represented in its being devout, and it has forms, including: the marriage of tahlil in which the man enters to make the divorced woman three times for her divorced one, and that is according to the comparative condition of the contract, or agreed upon before him, or the intention of him, or the guardian, or the wife, or all of them.
Whatever the forms of analysis of marriage, the contracting party does not enter into it permanently and continuously, but rather for a short period of time.

Keywords

Main Subjects