The Marriage Suspended on A Condition, And Marriage with The Condition of Choice a Comparative Jurisprudential Study

Abstract

Research objectives: This research aims to address a type of conditions in the marriage contract, which is the marriage suspended on a condition and the marriage with the condition of choice, and the extent to which this contract is affected by the conditions, considering that the offer and acceptance are the most important pillars of the marriage contract, as they may be issued with both or one of them suspended, so does the marriage contract accept the suspension and the condition of choice, and to know the ruling, the thing suspended upon when contracting must be known in terms of existence and nonexistence through the doctrines of jurists and scholars in the research issues and mentioning and discussing their evidence. The study highlighted the extent of the breadth of Islamic jurisprudence, the greatness of Sharia, and its flexibility while preserving its objectives and principles. Study methodology: by referring to the original sources of each of the four schools of thought in each issue and by referring to the linguistic and jurisprudential dictionary, documenting the Qur’anic verses and the noble prophetic hadiths. The origin of the definition of the figures mentioned in the research is other than the Messenger of God; may God bless him and grant him peace. Results: The marriage contract is the most important and reliable of the contracts. Islamic law has paid attention to it. There is agreement between the conditional clause and the condition associated with the contract, as both are additional to the original contract and they are future matters that are likely to occur. They differ in that the conditional clause has no effect on the effects and provisions of the contract, unlike the condition associated with a contract. The basic principle of the marriage contract is that it does not accept suspension on a condition that is not fulfilled or on a condition of choice. Originality of the research: The scientific value of the research appears during the statement of the conditional marriage with issues that clarify the difference between the suspended condition and the condition of marriage in a single narrative, as the researcher did not find a comprehensive book on the subject of the suspended condition and the condition of choice in marriage, but rather found it scattered in the old books of jurisprudence, and it is one of the new developments.