المشارطات في عقد النكاح بين الشريعة والقانون
Abstract
The research deal with the concept of the stipulation clauses , conditions in marriage contract in a comparative study between Islamic Sharia and law. Some conditions can be provided in marriage contract and it can be considered valid to be provided as such and it should be fulfilled by the parties in an obligatory manner, such as courtesy and intimacy spouse living, as it required by the contract or ensure contractual requirement, as the husband considered to be a guarantor to pay the dowry, or as ligislaturary can be permitted , as the wife stipulated the the divorce restrain to be in her hand or to be her own, or as provided by custom as stipulating pre- paid of some amount of dowry in advance. Otherwise some condition can be considered as invalid and its contradictory to the to the contractual requirement and its objects, as the wife stipulated to leave the house as she desire to do so without the permission of her husband, or stipulating be be without dowry , or stipulating the Divorce of fellow wife in the case of a polygamy. There are other conditions can not be considered to be contrary to the requirement of contract and its objects or what permitted by the legislature, as the wife stipulated not to be travelled from country to others, or not to be subject to polygamy system by fellow wife . The judiciary authority in estimating conditions is to be subject to extraordinary circumstances.
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