International Journal of Legal and Comparative Jurisprudence Studies

Volume 5 - Issue 1 (6) | PP: 68 - 81 Language : العربية
DOI : https://doi.org/10.31559/LCJS2024.5.1.6
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Registration of Marriage Contracts in Islamic Jurisprudence and Afghan Law

Najibullah Salih ,
Abdul Rahman Khaksar
Received Date Revised Date Accepted Date Publication Date
7/11/2023 4/12/2023 14/3/2024 20/4/2024
Abstract
Objectives: This research aims to understanding the methods of formalizing marriage contracts in Islamic jurisprudence and Afghan law by emphasizing the importance of written documentation as a means of formalizing marriage contracts in modern times, as endorsed by Afghan law despite being secondary in ancient times, recognizing that the methods of formalizing marriage contracts are subject to change over time and are not immutable based on religious texts. Methods: The research methodology involves desk research to gather and analyze texts, comparative analysis of legal texts and opinions with Afghan law. Results: Islamic jurisprudence is the primary source for matters of personal status in Islamic and Afghan societies, Afghan law aligns with Islamic jurisprudence in the development and regulation of marriage formalization, writing marriage contracts is one of the essential methods used in official circles, especially in cases of dispute between spouses. In conclusion, marriage is a contract that every individual may encounter, and it is essential to understand the methods of formalizing it in both Islamic jurisprudence and the prevailing law of the country. This article has addressed this issue, providing evidence from both jurisprudential and legal texts. Conclusions: In conclusion, the purpose of formalizing marriage through registration is to document the contract in an official document issued by an authorized public official, such as a judge within the country or a consul abroad.


How To Cite This Article
Salih , N.& Khaksar , A. R. (2024). Registration of Marriage Contracts in Islamic Jurisprudence and Afghan Law. International Journal of Legal and Comparative Jurisprudence Studies, 5 (1), 68-81, https://doi.org/10.31559/LCJS2024.5.1.6

Copyright © 2024, This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.