Marriage Coercion Guardianship in Islamic Jurisprudence

(Safe girl Ali Aloethelan)

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Abstract

Marraiage contract is one of the greatest heavenly legislations came by Islam. The detailed provisions of marriage has a great importance in human lives. A major condition that should be met for the validity of marriage contract is the acceptance of both parties. This is an example of the accuracy of the Islamic legislation and its greatness. Both religiously and worldly interests needed to be achieved by Islam throughout this blessed contract will not be possible if hatred existed between marriage partners. However, there are exceptional casese where a woman or a man is coerced to marry regardless of his/her acceptance and the marriage contract then will be correct and valid. This research consisted of an introduction which includes the context of the marriage contract and its importance, research purpose, divisions. A preface to clarify the purpose of coercion was followed by two chapters. The first chapter discussed coercion of marriage because of the virginity or teenaging. In addition, the second chapter discussed coercion due to dementia or madness follwed by a conclusion which included the important results. The major findigs were that a father can coerce his adult maiden dauthger to marriage as long as she is vergin. Similarly, A father can also coerce his previously married young daughter to marriage. Key Words: Islamic jurisprudence, Coercion, Marriage.
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