Conditions of Marriage Contract in Hanafi Jurisprudence and Civil Law of Afghanistan

Abstract

In order to achieve justice, according to a healthy family and to protect the rights of husband and wife, Islamic law has established a set of general rules and regulations. Among the rights that Islamic Sharia provides for men and women is the right to condition in the marriage contract in such a way that it is not contrary to it. The purpose of this research is to study the conditions of marriage in Hanafi jurisprudence and civil law of Afghanistan; For this reason, the basic question in this regard is what are the conditions of marriage in Hanafi jurisprudence and civil law? To answer this question, analytical-descriptive method of library resources has been used. The findings of this research show that the conditions of the marriage contract in Hanafi jurisprudence include correct conditions, corrupt conditions and invalid conditions, and the correct conditions are conditions that are either in accordance with the requirements of the contract, or those that have been approved by the Shariah, or that are current in custom. If the conditions included in the marriage contract are among the correct conditions, the fulfillment of them is certain and the contract is also considered valid. According to Hanafi jurisprudence, if the conditions included in the marriage contract are corrupt conditions or invalid conditions, the contract is valid and the condition is void. The conditions of the marriage contract are not stated in detail in the civil law, but the rulings related to the marriage contract are mentioned sporadically. If the conditions included in the contract are against the law and the goals of marriage, the contract is considered valid and the condition invalid.