Invalid Marriage Contract A Comparative Study Between Sharia & law

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Ahmed Burhanuddin Abdul Rahman
Ammar Mouloud Hajem


The principle in any relationship between a man and a woman is prohibited until there is a permissible reason that proves its permission، and the permissible reason is the valid marriage contract، and for the purpose of reaching this contract the individual must verify its components، as the defect in one of them inevitably leads to an incorrect contract; and the jurists differed in their division of the invalid contracts basing their opinions on two sayings: the first is for the public who do not differentiate between the corruption of the contract and its invalidity، so both are the same; while the Hanafis differentiated between the invalid contract and the corrupt contract، and despite this difference in their description of the invalid contract، this contract does not entail anything before getting into relationship it، but if it took place without their knowledge of the defects in it، then the Islamic law has arranged for this relationship some effects such as the fall of the ‘hadd’ punishment for adultery، the obligation of the dowry، waiting period for the woman، and the proof of lineage for the child. As for the Iraqi law، the Iraqi personal status law stipulated the elements of a valid marriage contract in several articles. Legally speaking، if one of them fails، this contract is considered invalid، such as the lack of capacity، the lack of union of the contract council، the lack of acceptance of the offer and others. Finally، the researchers suggested some remarks to access to sound legal texts from the defects that may be inflicted on them، in order to be more accurate and clear

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How to Cite
أحمد برهان الدين عبد الرحمن, & عمار مولود حاجم. (2023). Invalid Marriage Contract A Comparative Study Between Sharia & law. MIsan Journal of Comparative Legal Studies, 1(9), 358–389.