Umm Al-Qura University

Umm Al-Qura University

Health Symptoms Affecting the Marriage Contract Between Pay and Lift


- 2024/06/27

Dr. Huda Bint Abdullah Al-Gutmail*
Assistant Professor, Department of Jurisprudence, College of Sharia and Islamic Studies, Umm Al-Qura University, Makkah, Kingdom of  Saudi Arabia.
Issue: 96 | Pages:170-183 | March 2024 | https://doi.org/10.54940/si81983876 | PDF
Received: 12/9/2023 | Revised: 17/10/2023 | Accepted:5/11/2023
*Corresponding Author: [email protected]

 

Abstract

The research, titled (Health symptoms affecting the marriage contract between payment and withdrawal), aims to participate in developing appropriate solutions to reduce the rates of divorce and annulments that are growing day after day. The research relied on the inductive and analytical approach to the texts of jurists and examined their meanings and objectives. To achieve the objectives of this study. The research included an introduction, two sections, and a conclusion. The first section, Pictures of jurists’ attention to health symptoms affecting the marriage contract, contains two requirements. The second topic is the guardian’s right to organize a healthy marriage contract and its legal and theoretical supports, and it contains three demands. The researcher concluded that the health symptoms that require annulment between spouses are not limited to specific descriptions but rather everything that prevents enjoyment, causes alienation, reduces it, or affects the regularity of marital life, such as psychological illnesses, which are left to the discretion of the judge. He also concluded that a legal document was drawn up that gives the guardian the right to expand the conduct of medical examinations as needed and for the benefit of the public, provided that the contracting parties are not obligated to perform the results of the examinations and that they are left free to sign the marriage contract or withdraw from it. Thus, it is known that the medical examination before marriage is not a condition for the validity of the marriage contract but rather a condition for its legal documentation. Among the most important recommendations were health authorities continuing to raise awareness and educate the community about the necessity of adhering to the results of medical examinations that have health consequences for the individual, the family, and society, and the attention of the media and mosque preachers to spread awareness among people by disclosing the spouses’ faults before the marriage contract; To avoid or reduce division after the contract, and to urge universities to conduct studies to evaluate the results of the medical examination system, its positive or negative effects, and the means of treating them, through scientific dissertations, or scientific promotion research for faculty members.

Keywords

Symptoms, Health, Marriage, Payment, Lifting, Healthy Marriage.

How to Cite 

Al-Gutmail, H. (2024), Health Symptoms Affecting the Marriage Contract Between Pay and Lift, Journal of Umm Al-Qura University for Sharia'h Sciences and Islamic Studies, Issue.96. pp. 170-183. https://doi.org/10.54940/si81983876

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