الشكلية في عقد الزواج

Abstract

The religious jurists differed in defining the definition of marriage, the pillars and conditions of marriage, and after the new amendment to the Family Law, Articles 09 and 09bis, the legislator began to distinguish between the pillars and conditions of the marriage contract. For example, nullity is decided only if the element of consent is violated, according to Article 33, the first paragraph of the same law, which states: “The marriage is null and void if the element of consent is violated”. By writing the marriage contract, the legislator aims to empty the legal marriage into an official form and to protect the contracting parties from one of the contracting parties denying the contract, since it is valid and produces its effects, as long as there is no text obliging Muslims to write the marriage contract. An unregistered marriage, customary marriage, is one of the legally correct marriages that results in a marital relationship. Correct, but failure to register in accordance with the stipulated legal procedures may waste the rights of the spouses and children, especially in cases of ingratitude and denial, or disagreement and conflict that may arise between the parties to the marital relationship, or between them and others, or between each of those who have an interest in the marriage. Among the administrative obstacles encountered by children when seeking to exercise their legitimate legal rights, due to not writing the marriage contract, each of them may lose some of their rights or lose their rights given the establishment of the marital relationship, and that the law and the judiciary require to prove the marriage contract an extract of the marriage contract to prove the status of the legal marriage