The theory of annulment in contracts_ the marriage contract as a model Comparative study

Authors

  • Muslim Kadhum Eidan Al-Shamary

Abstract

The Shari'a law is based on the fact that the relationship between the spouses is based on intimacy and love, as it comes to guarantee the happiness of the couple and the charity. Sharing each other, enjoying it to the fullest and best image.

The defect in the door of marriage is: Described physical or mental maltreated necessitated by the custom of the couple's safety is often prevented from achieving the purposes of marriage and enjoy marital life.

The research concerned clarifying the legal position of the right of annulment in the marriage contract, and mentioning the common faults between men and women, which are responsible for the annulment of the marriage contract, since the validity of annulment of the marriage contract is not limited to certain defects, He does not meet the purposes of marriage, and there is with him the alienation between the couple, and loses affection and compassion, such as madness, leprosy and leprosy, which are common between the two parties, and the curse and the sins of men, and exclusion and blindness, blindness, limp and others for women.

As the theory of annulment is general, and can be used in the various fields of jurisprudence and its various sections, such as contracts and interpretation of the verses of the provisions, as well as a comparison between the provisions of the law and law, the research came in a section of Islamic jurisprudence, which is marriage, as a model; This has a negative dimension on both sides of the relationship, so the Holy Street has the right to terminate the contract in resources, in order to prevent harm, and all that has the effect of disrupting the real purpose of marriage.

Published

2019-12-31

How to Cite

Kadhum Eidan Al-Shamary م. . (2019). The theory of annulment in contracts_ the marriage contract as a model Comparative study. Mustansiriyah Journal for Sciences and Education, 20(6), 583–602. Retrieved from https://edumag.uomustansiriyah.edu.iq/index.php/mjse/article/view/726

Issue

Section

Research Article