Paper Information

Journal:   MAQALAT WA BARRASIHA   Winter 2004 , Volume 36 , Number 74(3); Page(s) 103 To 129.
 
Paper: 

MU*ATAT MARRIAGE

 
 
Author(s):  HUSAINI ADYANI S.A.
 
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Abstract: 
The compliance (£jab)and acceptance (qabul) are two basic elements of Islamic transactions and contracts. There are two kinds of acceptance and compliance: verbal and in act or actual ones. The latter is called muatat. Muslim Jurists (filqaha) hold that many Islamic contracts and transactions are concluded either verbally or in act (MUlltat). The issue of marriage (bab al- nikllh) pertains to the section of contracts in the Islamic law books. It means that the conclusion of marriage (nikcrh) needs both compliance and acceptance. One may raise the question of whether the conclusion of a marriage be fullfilled without a verbal contract. In other words, can a contract in act (mulltllt) replace the verbal one in marriage? The present article discusses the juridical principles and arguments of the abovementioned question. First of all, it brings out the views of the main Shlite and Sunnite jurists on the validity of a verbal contract to fullfil a marriage. It proposes the jurists reasons against marriage in act (niklih - i mUlltllt ). Secondly, it criticizes the evidence and arguments that are used to prove the validity of muMm marriage. The writer hopes that all juridical researches and jurists innovations will be supported by scholarly evidence and juridical reasons, Again, it is expected that religious scholars avoid expressing views that are not in accordance with the principles of individual inquiry into legal matters.
 
Keyword(s): MU*UTAT , MU*LLTLLT MARRIAGE, VERBAL CONTRACT, CONTRACT IN ACT, COMMON MARRIAGE, FOUNDING RULES, CONFIRMING RULES.
 
References: 
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