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The Impact of Compulsion on Marriage Contract

 
 
dyadak
 
Reply Mon 14 Dec, 2009 06:05 pm
Many praise and thanks to our God for his blessing and mercy. Blessing and peace on our prophet Mohammad, his family, and his friends, and those who continued on his way till the Last day.

Compulsion has a great impact on the individuals and the community as a whole, and it has a basic role in the couples' life, that compulsion is considered one of the affective factors in establishing the family which is considered the first block in constructing a good community. And because marriage contract is the basis of establishing a family, it must be based on satisfaction not compulsion.

In this research I showed the impact of compulsion on marriage contract, that it affects the couples' life and leads to the contract decay if it was under the impact of compulsion, and through this research I talked about the woman right to ask for defeasance of marriage contract if it was made by compulsion, because marriage contract must be based on satisfaction and not compulsion to be considered a correct contract. And I also mentioned the mullahs' opinions in the impact of compulsion on marriage contract, in terms of its impact on marriage, divorce, yank, or return, Elaa', and Thihar. Then I preponderated depending on the strongest evidence, and I showed the opinion of The Jordanian Law of personal affairs working in the religious courts, and I illustrated on what it depends in its articles, and what mullah's opinion it considered .


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The Impact of Compulsion on Marriage Contract
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