Kuwaiti Personal Status Law and explanatory memorandum

Law No. 51/1984 on personal Status

Section 1-Marriage

Book One (marriage creation)
(Part I) Marriage introductions
Article 1
Marriage is a contract between a man and a woman, legally dissolved, the purpose of housing, the statistician and the power of the nation.

Article 2

Betrothal does not bind to marriage, and is represented by a promise, a dowry, and the acceptance or exchange of gifts.

Article 3
A. Each of the parties to the sermon may amend it.
B-if he does not get a marriage and the fiancée marries another, then he does not dissolve the wedding.

Article 4
A. If one of the parties has modified the sermon, the suitor may recover the dowry which is a tool or value on the day of the fist if the sample cannot be returned.
B. The dowry shall be considered as gifts which have been custom made as such.
C-If the fiancée buys the amount of her dowry or some of it, then he modified the suitor, she has the choice between returning the dowry, or handing over the equivalent of each or every part of the device at the time of purchase.
Article 5
If one of the parties has amended the engagement, there are no conditions or custom:
(a) If he did not do so, he did not recover anything that he gave to the other.
(b) If the renunciation is in accordance with the Act, he or she has recovered if he or she is on the day of arrest if he or she is doomed or consumed.
Article 6
(a) If the betrothal ends, the parties shall, by reason of one of them, consider the other’s renunciation by virtue of, and apply paragraph “b” of the preceding article, and shall not recover any of them if present.
(b) If the death or a non-marital status is terminated, nothing is recovered from the gifts.
Article 7
In all cases no gifts are returned that do not survive.
Part two
The Pillars of marriage
Article 8
The marriage shall be done in the affirmative by the wife’s parents and the consent of the husband or of the spouse.
Article 9
(a) The offer and acceptance in marriage shall be in the words which serve the meaning of the word or any language.
B. The offer may be between absentee by writing or by Messenger.
(c) In the absence of pronunciation, the author’s place of writing shall be prevented by a written reference.

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Part III
Marriage contract Strips
Chapter I

The formula
Article 10
The offer and acceptance requirement:
A. They should be non-indicative in timing.
B. Consent to acceptance of the offer expressly or implicitly.
C-the Union of the Board of the contract of the present, and the Council starts between the absent since informing the subject positively about the contents of the book, or the messenger of the prophet, and in this case the Council is considered continuous three days valid during the acceptance unless the affirmative specifies a sufficient period of time, or issue from the sender a refusal.
D. The offer remains valid until acceptance is issued.
(e) Each of the present-day conveners should have heard the words of the other, understanding that the intention is to marry.

Article 11
A-the validity of the marriage requires the attendance of two Muslim witnesses, adults, sane, two men, who heard together the words of the contractors, understand what is meant by him.
B. A certificate of writing is valid in the marriage of a Muslim in writing.
Chapter II
The two
Section I
Solution and Sanctity

Article 12
The validity of a marriage requires that a woman shall not be banned for life or temporary imprisonment.
The first section
Life inviolability

Article 13
Deprivation of the person due to parentage:
A-his Origin and the Ola.
B-his branch and inn.
C-Parents branches, if they are still.
D-First class of the branches of his ancestors and grandmothers.

Article 14
It is haraam for men because of affinity:
A. Who has married one of his origins and is high.
B-who married one of his branches and went down.
(c) The origins of his wife and that of their height.
(d) The branches of his wife, who entered the real income and went down.

Article 15
The person is deprived of a branch of adultery and is not deprived of adultery either.

Article 16
A. The breastfeeding is deprived of the parentage.
B. The affinity nursing are established.

Article 17
The prohibition is required to be in the first two nursing, and to reach five infants, uncertain, saturated.
The second section
Temporary inviolability

Article 18
Not convened:
1. Marriage of a Muslim to a non-Muslim.
2. The Muslim’s marriage is not written.
3-The marriage of the apostate or apostate, even if the other party is not Muslim.

Article 19
The marriage of a man to another wife is not held.

Article 20
It is not permissible to combine even a couple of women if they impose a male on the other.

Article 21
A man may not marry at the age of five before his marriage is dissolved by one of his four wives.

Article 22
A man may not marry a woman who was divorced three times until after the expiration of her kit from another husband, who actually entered it, in a valid marriage.

Article 23
A man may not marry a woman who is spoiled by her husband unless she returns to her first husband and then divorces her or dies.
Section II
Eligibility and mandate
The first section
Eligibility for marriage and prosecution in knots

Rule 24
A. The qualification of marriage is a requirement of reason and puberty.
B. The judge may authorize the marriage of a madman or a lunatic, whether male or female, if a medical report proves that his marriage is beneficial to his recovery and the other party is satisfied with his condition.

Rule 25
It is not valid to marry an impeller or a drunk.

Rule 26
It is prohibited to document a marriage contract, or to certify it unless the girl is 15, and the 17-year-old boy is at the time of documentation.

Rule 27
A. A power of attorney may enter into marriage.
B. The agent may not marry himself or herself unless provided for in the agency.

Rule 28
A. A curious marriage, if it is valid, depends on the author’s leave.
B-if the agent in marriage exceeds the limits of his agency he was curious.
The second section
State in marriage

Rule 29
A. The wali of the eldest marriage between puberty and twenty-five is the league in the same order of inheritance, and if the league does not exist, the judge has jurisdiction.
This sentence applies to the madman and the lunatic, male or female.
B. The meeting of the Wali and the Mawla shall be required.

Rule 30
The Dune or the twenty-fifth of her age, the opinion of her in her marriage, but does not start the contract by herself, but to her guardian.
An exception to the preceding paragraph is that the Guardian may request the coroner to direct her marriage contract to her former husband, after notifying her to hear his opinion.

Rule 31
If the Guardian muscles the girl, she may raise the matter to the judge to order or not to order the marriage, as well as if there are multiple Awliya and they are in one degree, all of them, or disagree.

Rule 32
The non-Mahram Guardian has to marry himself from his mawla with her consent.

Rule 33
A. Those who have attained a snuff, or have been found, may marry themselves.
B-If his marriage after the stone remnants of the money to object to the increase on the same dowry.

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Section III
Efficiency

Rule 34
The requirement of marriage is that the man must be efficient for the woman at the time of the contract, and the right of annulment for both the woman and her guardian upon loss of competence.

Rule 35
The lesson in efficiency is in goodness in religion.

Rule 36
The proportionality of the age between the couple is really considered for the wife alone.

Rule 37
The guardian of the competence of the clique is August, the son, the paternal grandfather, the brother and then to August, the brotherly uncle and then to August.

Rule 38
If the man claimed competence, then turned out to be incompetent, both the wife and her guardian had the right of annulment.

Rule 39
The right of dissolution shall be extinguished by the pregnancy of the wife, or by consent, or by the expiration of a year of knowledge of marriage.

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Section IV

Contract association with terms
Rule 40
A. The marriage contract is accompanied by a clause contrary to the contract champion.
B. If it is accompanied by a condition which is not contrary to its origin, but which is contrary to derives from, or is prohibited by the requirement and the contract is correct.
C. If it is accompanied by a condition which is not contrary to its origin or derives from, and which is not prohibited by law and must be fulfilled, if it is not met, the conditional has the right to request annulment.
D. The provision of the preceding paragraph shall apply when the specified conditional description is lost in one of the spouses.

Rule 41
The condition must be registered in the contract document.

Rule 42
The right of annulment is extinguished if the author expressly or implicitly drops it.

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Part IV
Types of marriage and the first semester
Types

Rule 43
A. Marriage is two types: TRUE or FALSE.
B-The right marriage is not available, and all tapes of his health in accordance with the provisions of this law, etc. are untrue, void or corrupt.

Rule 44
Valid marriage is effective, necessary, ineffective, or not already in force.

Rule 45
A. The necessary marriage shall not be suspended on leave of absence and shall not be subject to annulment, in accordance with the provisions of this law.
B. A marriage in force that is not necessary shall be the one who accepts the annulment on the grounds of this law.
C. A non-enforceable marriage shall be held on leave who has the right to leave.

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Chapter II
Provisions

Rule 46
The correct and valid marriage that has been in force since its convening has all its legitimate consequences.

Rule 47
A. A valid, non-enforceable marriage does not entail any effects before the leave or entry.
B. If approved, it shall be deemed effective from the time of the contract.
(c) Entering into it takes the sentence of a corrupt marriage after entry.

Rule 48
A false marriage does not have any effect on marriage.

Rule 49
The marriage is void:
A. If there is a defect in the formula, or in the capacity of the contract.
(b) If the wife is a relative, or affinity, or a wife of a third party, his spouse, the divorced husband of three, or does not replace her with the one who is in his or her own, or does not condemn a heavenly religion.
C-if one of the spouses is an apostate, or the husband is not Muslim and the woman is Muslim.
In the former paragraphs B, C-The knowledge of the prohibition is established and caused, and ignorance is not an excuse if the allegation is not accepted by the plaintiff.

Rule 50
Every invalid marriage that is mentioned in the previous article is considered corrupt, and its entry entails:
A. The minimum requirement of a named dowry and the dowry of the same name, and the dowry of the same when not.
(b) Proof of the proportions of the children with their tapes and the results set forth in this law;
C. After the irony, consent, justice and post-mortem.
D. Inviolability of the affinity.

Rule 51
A corrupt marriage has no effect before entering.

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Part 5
Effects of marriage
Chapter I

Pony
Rule 52
The dowry must be for the wife as soon as the correct contract.

Rule 53
There is no limit to the least of the dowry.

Rule 54
All that is legally committed is to be a dowry, money, work or benefit, which is not contrary to the husband’s strength.

Rule 55
A. The dowry must be labeled as valid in the contract.
B. If the dowry is not named, or the name is incorrect or denied, the same dowry shall be made.

Rule 56
A. Some dowry may be postponed, and when the text is not followed by custom.
B. The term of the contract for the dowry entitlement is dropped by Baynunah or death.

Rule 57
The release of the delay in the dowry goes to the nearest two-Baynunah, or death.

Rule 58
The husband has an increase in dowry after the contract, and the wife has to degrade him if they are fully competent to act, and this is caused by the origin of the contract if the other.

Rule 59
To the father, then to the grandfather of the bride, the eldest dowry was arrested until the age of 25, unless she terminated.

Rule 60
If the spouses disagree in the seizure of the dowry, the wife’s statement before entering, and the husband after him unless there is evidence, or a contrary custom.

Rule 61
The whole dowry is confirmed by the real entry, the proper seclusion, or the death of one of the spouses.

Rule 62
If the wife kills her husband in a way that prevents her from inheriting before entering, he has recovered from the dowry, and the rest of it has fallen.
If the killing is after entry, nothing is worth the rest.

Rule 63
A. The wife must divorce half of the dowry so called before entering or being in proper seclusion.
B. If she received an increase of half, he was returned with an increase.
(c) If she gave her husband half of her dowry or more, she would not be referred to in the divorce before entering or being in the proper seclusion, even if she had been given less than half of the dowry.

Rule 64
A woman must have the pleasure of a judge with no more than half of the same dowry, if the band falls before entering or being a proper retreat in the cases described in paragraph (b) of article 55.

Rule 65
The whole pony falls or has fun if the band is signed because of the wife before entering the proper retreat or seclusion.

Rule 66
If a man marries his death with more than a dowry, the rule of will increases.

Rule 67
A. No action in contravention of the marriage document of the origin or amount of the dowry is heard on denial.
B. If the document is devoid of the dowry statement, the following articles are applied.

Rule 68
A. If the husband disagrees with the original name of the dowry after his confirmation, and the plaintiff fails to prove, he shall be named at Al-Nakul, with a dowry at the alliance, provided that he does not exceed what the wife claims, and does not diminish what the husband claimed.
B. The difference between one of the spouses and the heirs of the other shall apply
(c) If the difference between the heirs of the spouses is determined by the name, or by the same dowry.
D. If the difference before the dowry is confirmed, half of it must be determined by the pleasure if not proven, provided that it is not more than half of what the wife claims, and does not diminish half of what the husband claims.

Rule 69
If the couple disagrees with the amount of the named dowry, the evidence is on the wife, if she is unable to say to the husband on his right unless he claims what is not suitable to be a dowry of her custom, and governs the same dowry, but not more than what the wife claimed.
This applies to the difference between one of the spouses and the heirs of the other, or their heirs.

Rule 70
A. The guarantee is valid by a dowry who is eligible for donation, provided it is accepted in the Council, albeit implicitly.
B. The wife may require the husband, the guarantor, or both, and the guarantor to return to the husband if he guarantees his permission.
C-Bail in the death of the guarantor in the ruling of the commandment.

Rule 71
The guarantee may be suspended by the appropriate condition, and it does not lapse with the death of the guarantor, the sponsor or the sponsored.
Chapter II
Device and House baggage

Rule 72
A. The wife is not obliged to do anything from the matrimonial home, so if she brings something from him, she will belong to her.
B. The husband may avail himself of the wife’s attendance from a body, as long as the marriage exists, and he shall not be liable for it except in case of infringement.

Rule 73
If the couple disagrees with the belongings of the house and have no evidence of them, the wife’s right to be known to women, and to the man with his oath otherwise.
This provision applies to the difference between one of the spouses and the heirs of the other, or their heirs.

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Chapter III
Spousal expenditure
Section I
Provisions

Rule 74
Alimony must be provided to the wife on her husband in the correct contract, even if she is wealthy or different in religion, if she surrendered to him even if he had a verdict.

Rule 75
The expense includes food, cladding, accommodation, and the following medical, service and other services as custom.

Rule 76
Depending on the spouse’s situation, alimony is estimated to be easy and difficult, regardless of the wife’s condition, but not less than the minimum age for the wife.

Rule 77
A. Alimony may be increased and decreased by changing the condition of the spouse or the country’s prices.
B. The claim of increase or decrease is not heard until a year after the imposition of alimony except in exceptional emergency cases.
C. The increase or decrease shall be from the date of judgement.

Rule 78
A. The alimony of the wife from the date of withholding the expenditure and the obligation of the husband shall not depend on the judicial or mutual consent, and shall only be extinguished by performance or exoneration, subject to the following paragraph.
B. The claim is not heard for a previous period of more than two years after the date of filing, unless it is imposed by mutual consent.
C. If the spouse is not based on such consent, it can only be established by writing.

Rule 79
A. The judge may, in the course of the maintenance proceedings, order the husband to perform temporary alimony to the wife if she so requests, and renew monthly, until final dismissal.
This is an immediate obligation to implement.
(b) The husband may, in accordance with the final judgement, degrade or recover any instrument.

Rule 80
If the wife asks for a debt-clearing, her alimony should be granted to her husband, even without his consent.

Rule 81
If the husband requests a set-off between his wife’s alimony and a debt to her, his application is not answered unless she is a solvent, able to perform the debt of her money.

Rule 82
The wife’s alimony in execution is provided on the husband’s money, although it is not extended.

Rule 83
A. The guarantee shall be valid at the maintenance of the matrimonial past, present or future, whether react judicial, or consent or not imposed.
B. The provisions of articles 70, 71 shall apply to bail by maintenance.

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Section II
Rulings on lodging and obedience

Rule 84
A. The husband must house his wife in a dwelling like him.
(b) Following the arrest of the dowry accelerator, she must live with him.

Rule 85
A husband cannot live with his wife in one dwelling without her consent.

Rule 86
A husband has no one to dwell with his wife but his own children who are not privileged and who need to be accommodated with him from his other children and his parents, provided that the wife does not inflict harm upon them.

Rule 87
A. If the wife refuses to move to the marital home on an unjustified basis, or the husband is prevented from having her in her home, and his father was not transferred, her right to alimony was extinguished by a fixed abstention.
(b) The wife is only found guilty of failing to perform the final judgement of obedience.
(c) If the husband is not a non-secretary, or does not pay the dowry, or no longer has the legal domicile, or refuses to spend on her, she cannot carry out the provision of her alimony, because there is no apparent money.

Rule 88
The rule of obedience may not be enforced against the wife.

Rule 89
It is not the wife’s departure for what is lawful or permissible work unless her work is contrary to the interests of the family.

Rule 90
The wife must move with her husband only if the court considers that the interest in her failure to move.

Rule 91
The wife may travel with a mahram to perform the hajj, even if the husband does not authorize, and the urban maintenance lasts for the duration of travel.

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Section VI
Matrimonial action

Rule 92
In incidents occurring from the date of operation of this law:
A. The matrimonial action is not heard at the time of denial, unless it is fixed by an official marriage document, or the denial of marital recognition in official papers has been denied.
An exception is made to the fact that the case is a cause of an independent lineage, or a rate of attribution to another right, in which the judgement is in the case of marriage.
B. The matrimonial action is not heard if the age of the wife is less than fifteen years or the husband is 17 years of age at the time of filing.

Rule 93
be eligible for a marital claim, and for all the implications of every sane person reached the age set out in the preceding article.

Rule 94
The case is brought against the wife alone, but if the spouses are consenting to a marriage in which the consent of the guardian is required, he must also be sued.

Rule 95
If the marriage is claimed by the same husband, it must also be shortened.

Rule 96
A. The matrimonial action is not valid if the plaintiff has previously contradicted it in an entrenched contradiction.
(b) A person who has pleaded nursing to a woman, then claims that the marriage is inexcusable, if he returns from his approval before the proceedings.

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Book II
Marriage teams
Part One
General provisions

Article 97
Divorce is the solution of the right marriage contract by the will of the husband, or his substitute, in an ad hoc term, according to article 104.

Rule 98
A. Divorce are two types: retroactive and irrevocable.
B. A retroactive divorce does not remove the marriage before the several.
(c) An irrevocable divorce immediately removes the marriage.

Rule 99
Dissolution of marriage is a breach of contract, when it is not necessary, or where it is legally withheld, and does not reduce the number of rounds.

Article 100
A. The annulment shall in all cases depend on the judge’s justice, and no judgement shall be established before the court.
B. However, if the reason for avoidance renders a woman haraam, the couple must be prevented from the time of existence of a positive annulment until the judge’s verdict.

Article 101
A. Dissolution of marriage after entry or proper retreat, a woman must be entitled to a dowry or a dowry when he does not name a suitable amount according to the woman’s virginity or thiobtha and the period she spent with the husband before the dissolution.
B-if the dissolution after the right of entry or seclusion due to the husband’s apostasy from Islam, the wife deserved all the dowry.

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Part two
Band by Will
Chapter I
Divorce

Rule 102
The divorce of every sane husband, adult, chosen and conscious of what he says, is not a divorce of the madman, the lunatic, the coerced, the mistaken, the drunk, the drunken, and the angry if the defect in his words and deeds.

Rule 103
Divorce does not occur on the wife unless she is in a valid, non-righteous marriage.

Rule 104

A. Divorce is expressly defined in the term, and it is only in the words of intention to write.
B-it is written when unable to pronounce it.
C. The signal is expressed when the inability to pronounce and write.

Article 105
Divorce is required to be completed.

Rule 106
The husband may appoint another to divorce, and the agent may not entrust others except with the husband’s permission, and the agency shall terminate the dismissal, subject to the knowledge of the agent.

Rule 107
The husband has three bullets on his wife.

Rule 108
If the divorced woman marries the last to enter the shots of the ex-husband, even if she is under three, then if a king returns to him three new.

Rule 109
Divorce with a number of words, signs or writings is only one.

Rule 110
Each divorce occurs retroactively except for divorce before entering, divorce on an allowance, and a supplementary divorce for the three, and what is stated to be apparent in this law.

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Chapter II
Dislocation

Rule 111
A-Khula is the divorce of the husband his wife as a substitute for mutual consent, by the words of Khula, divorce or match, or in its meaning.
(b) The Khula does not belong to the spouses, or their parents.

Rule 112
In accordance with this law, the validity of the marriage is required for the spouses to be eligible for divorce.

Rule 113
Each of the parties shall return his or her affirmative in the past before accepting the other.

Rule 114
All that is true is his commitment to the law to be in lieu of khula.

Rule 115
The substitute must be agreed upon in the Khula, and nothing falls into it that is not made to replace it.

Rule 116
In order to be eligible for a husband’s benefit, the wife should be removed from her choice, without coercion or harm.

Rule 117
A. If the mother is required to breastfeed the child, or to have custody without pay or to spend a certain period of time, she has failed to do so, the father had to return the equivalent of the child’s alimony, a feeding fee or custody.
B. If the mother is insolvent, the August is forced to pay for the child and is a religion.

Rule 118
If the August in the Covenant requires the child to hold the nursery, correct the Khula, and the hero of the condition, the incubator had to take the child, his father was obliged to pay, and his custody.

Rule 119
The patient is sick of dying, and one-third of her is considered not to be a survivor.
If she dies in the kit, he will be the least of her inheritance, of the reward, and of one third of the money.
If she dies after the kit, or before entering, he has the least of a reward, and one third of the money.

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Part III
The band in the judiciary
Chapter I
Divorce for not spending

Rule 120
A. If the present spouse refuses to spend on his wife, has no apparent money, and has not proven his insolvency, his wife may apply for a divorce, and the judge shall immediately divorce him and shall divorce him by paying her due expense from the date of the filing of the lawsuit.
B. If the husband proves his insolvency, is absent in a known or confined place, and has no apparent money, the judge shall give him at least one month, and not more than three months, in addition to the scheduled time of the distance, to perform the said alimony, if he does not spend the divorce on him.
C-If the husband is absent in an unknown location, missing, and has no apparent money, the judge shall be divorced without a grace.

Rule 121
The divorce of a non-spending judge is retroactive.
The husband may review his wife in the kit if he proves to the court that he is able to maintain her expense and prepare for the tunnels.

Rule 122
If the lawsuit is repeated for not spending more than twice, the wife asks for a divorce for damage that the judge has divorced.

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Chapter II
Divorce to pay

Rule 123
If the husband has sworn to leave his wife politicized for four months or more, or without specifying a term, and continued on his right until four months ago, the judge divorced her with a retroactive shot.

Article 124
If the husband has prepared for the visa before the divorce, the judge has postponed a suitable period, if he has not been divorced.

Rule 125
The authenticity of the divorce is conditional on the fact that it is really effective during the course of the kit, but there is an excuse to say.

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Chapter III
Differentiation of damage

Rule 126
For each of the spouses before or after entry, to ask for a differentiation, because of the harm done by the other in words or in deed, so as not to be allowed to the ten times between them.

Rule 127
The court must make every effort to reform between the spouses. If the repair is not possible and the damage has been proved, a distinction must be made between them by an irrevocable bullet, although the damage has not been established to establish conciliation or differentiation.

Rule 128
The two provisions stipulate that they should be amended if possible by the parents of the spouses, or by others who have good understanding and the ability to reform.

Rule 129
The two provisions should identify the causes of discord and make efforts to reform the spouses in any way possible.

Article 130
If the two provisions are incapable of reform:
A. If the abuse is found to be of the husband, and the wife was a student of distinction, the two provisions proposed differentiation, obliging him to all the rights deriving from marriage and divorce.
If the husband was a student of distinction, the two judgements proposed to dismiss his claim.
B. If all of the abuse was from the wife, they suggested differentiating between the spouses, in return for the restitution of the dowry, and the loss of all the financial rights deriving from marriage and divorce.
C. If the abuse is common, they suggest a differentiation without a substitute or mosquitoes commensurate with the abuse.
(d) If the abuser does not know the husband, if the applicant is the husband, he proposes to dismiss his claim, although the wife is the student, or each of them requests a differentiation, the two provisions propose a differentiation without compensation.
E. Differentiation of damage is a shot.

Article 131
A. The two judgements shall submit to the Court their report in detail, and the judge shall, if he consents to the provisions of the preceding article, rule.
B. If the two provisions differ, the court will include a third, weighted judgement of non-parents, capable of reform.

Rule 132
A. The three arbitrators shall submit their report by agreement, or by majority to the court, in order to decide the case, in accordance with Article 130.
B. If their views have been dispersed or they have not submitted a report, the Court has proceeded with the ordinary proceedings.

Article 133
Proof of damage by the testimony of two men, a man and two women.

Article 134
It is sufficient to prove the damage the testimony of the fame based on the life of the couple, and this certificate does not accept the denial of damage.

Rule 135
The testimony of a relative, and of his being associated with his acclaimed, is accepted when they are eligible to testify.

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Chapter IV
Differentiation for the ghazal or imprisonment

Rule 136
If the husband is absent one year or more without an acceptable excuse, his wife may ask for her divorce, if he is affected by his absence, even if he has money to spend.

Article 137
A. If the absent can be declared to have been beaten by the judge sooner, and excused by the fact that he is calling it, if he does not come to reside with her, transfer it or divorce him, if the term is expired and he does not do so and does not show an acceptable excuse, the judge divorce him.
(b) If the absentee is not made public, the judge shall have no excuses and no order.

Article 138
If the husband, in the execution of a final sentence of a custodial sentence, is imprisoned for three years and more, his wife may request a divorce on him after one year of detention, even if he has money to spend from him.

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Chapter v
Dissolution of the Bears

Article 139
Each of the spouses may request the dissolution of the marriage if it finds in the other a persistent defect of repulsive or harmful defects, or which prevents enjoyment whether the defect existed before the contract or occurred afterwards.
The right of each of them to be dissolved is forfeited if the defect is known before the contract, or is expressly accepted after it.

Rule 140
An exception to the previous article does not waive the right of the wife to seek annulment, because of the defects of the man that prevents enjoyment, such as curse, original or emergency, if expressly consented to.

Article 141
If the defects in question are not irreversible, the court will dissolve the marriage immediately, and if its demise is possible, the case may be postponed for an appropriate period. If the defect is removed, and the applicant insists, the court has ruled.

Rule 142
The experts of the Muslim physicians are used to determine the appropriate duration and to know the defects for which avoidance is required.

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Chapter VI
Annulment of the difference of religion

Rule 143
A. If the spouses are not Muslims and are Muslim together, their marriage remains.
(b) If the husband and his wife were to surrender in writing, the marriage remained, although it was not written, offered to Islam, if it became Muslim or written, the marriage was stayed, and the dissolution of the marriage was terminated.
(c) If the wife only becomes Muslim, the husband will be subjected to Islam, if he is eligible for the offer, and the marriage will be dissolved.
If it is not for the offer to dissolve the marriage immediately, if it is Islam before entering, and after the expiration of the kit if it is admitted after entering.

Rule 144
A. In the previous cases, the marriage must not be a reason for the prohibition set forth in this law.
B. In any case, it is not permissible to examine the sincerity of the person declaring Islam, nor the motivation to convert to Islam.

Rule 145
A. If the husband enters the dissolution of the marriage, but if the apostasy occurred after entry, he returned to Islam during the period, Lagha the dissolution, and the marriage returned.
B. If the wife wears off, the marriage is not dissolved.

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Chapter VII
Missing

Rule 146
The death of a lost person is judged after four years of loss. In all other cases, the order of duration shall be delegated to the judge after being investigated to find out whether he is alive or dead.

Article 147
After the death of the missing person, his wife invokes several deaths from the time of sentencing.

Rule 148
If the missing person comes, or turns out to be alive, his wife has nothing to do with the second husband, other than a scientist in the first life, otherwise, unless he is held in several of his first deaths.

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Part IV
Effects of marriage teams
Chapter I
Marital effects

Rule 149
The husband has to review his divorced ex as long as she is in the kit, by word or deed, and this right is not dropped by omission.

Rule 150
1) A requirement to return by saying:
A. be completed.
B. The presence of two witnesses: two men, one man, two women or an official attestation.
C-to be taught by the wife.
2) Writing is considered to be a return by saying.

Rule 151
If the divorced has claimed the survival of his right to return for menstruation, and the divorced has denied it, she has ratified her oath, if the time is likely to elapse.

Article 152
The absolute is shown retroactively by the expiration of the kit without review.

Rule 153
A divorced woman may marry an absolute Baynunah minor in the kit or afterwards, with a new contract and dowry.

Rule 154
Irrevocable divorce is a major baynunah prohibiting marriage, unless the tapes mentioned in article 22 are available.

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Chapter II
The kit
Section I
Her general

Rule 155
The woman must:
A-by the band after entering or being alone, valid or corrupt to a legitimate impediment in the right marriage, and after entering into a corrupt marriage.
B-The husband dies in a valid marriage.
C-by entering on suspicion.

Rule 156
Start Kit:
A-in the correct marriage from the date of divorce, or the death of the husband.
B. In a corrupt marriage from the date of participation, or the death of a man.
C-to enter on suspicion from another politicized date.
D. In the judicial differentiation from the date of the final judgement.

Article 157
A. The deceased lying her husband in a valid marriage for four months and ten days since his death, if not pregnant.
B-the number of the pregnant woman expires by the status of her pregnancy, or fall, some members.
C. Several non-pregnant, other than death:
1-Three periods of conamal in a period of at least sixty days for women with menstruation.
2-Ninety days for those who did not see menstruation loves most, or reached menopause, and interrupted menstruation, when the menstrual period before its expiry, the kit resumed with three menses.
3. Ninety days of extended blood, if not usually known, if it has a habit of remembering it followed in calculating the kit.
4. Less than three menstrual periods, or one year for those whose menstrual periods were interrupted before menopause.
5. The term is further removed from the divorce, or the death toll for the divorcee by divorce to flee the inheritance, if the divorced one dies before it is complete.

Rule 158
A. If the divorced husband dies retroactively during her period, the death is resumed internship four months and ten days since his death.
B. In the Baynunah of divorce, or dissolution, if the man dies during the course of the kit, the woman shall be removed and not transferred to several deaths, subject to the provision of the case (5) in paragraph (c) of the preceding article.
C. The income is on suspicion of a corrupt contract, or without a contract, if the man dies from it, several of which do not have several divisions of death.

Rule 159
A woman who has been removed from her husband after entering, if he marries her during the course of the kit, then divorced her before entering new, her previous post.

Rule 160
In all cases, the kit does not exceed one year.

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Section II
The effects of the kit

Rule 161
A. A retroactive divorce must be carried out in the marital home only if necessary, and shall be transferred to the House designated by the judge.
B-it is considered to be a non-justifiable if you go out of the house.

Rule 162
Alimony must be granted for a divorce, annulment, entry into a corrupt marriage, or suspicion.

Rule 163
The maintenance of the kit shall be considered as a debt to the man from the date of its obligation, and shall be extinguished only by performance or exoneration, taking into account the situation of ease and hardship.

Article 164
There is no expense for the aggressor to die, even if she is pregnant.

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Chapter III
Compensation due to the band

Rule 165
A. If the right marriage is dissolved after entry, the wife is entitled to the expense of a woman who, depending on the husband’s condition, is able to perform in monthly instalments after the expiry of her work, unless the parties agree otherwise in the amount or performance.
B. Excludes from the provision of the preceding paragraph:
1) Repudiation for non-spending because of the husband’s insolvency.
2) Differentiation for damage if due to the wife.
3) Divorce with the consent of the wife.
4) Dissolution of marriage at the request of the wife.
5) The death of one of the spouses.

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Book III
Birth and its effects
Part One
Confirmed ratios
Chapter I
General provisions

Rule 166
The minimum gestation period is six lunar months, with a effect of sixty-five and 300 days.

Article 167
The adoptive lineage is not proven, even if the adoptive child is unknown.

Rule 168
The proportions of a man are not proven if he is found to be unenriched, or the child cannot come from a congenital or pathological inhibitor, and the court in dispute may use the people of expertise of the Muslims.

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Chapter II
Parentage in the right marriage

Article 169
A. The child of each wife in the proper marriage is credited to her husband with two conditions:
1) The minimum period of pregnancy has passed on the marriage contract.
2) not to prove that there is no possibility of meeting between the spouses with a sensory barrier from the date of the contract to birth, or after marriage and lasted more than sixty-five and three hundred days.
If the inhibitor is still, the minimum period of pregnancy must expire from the date of extinction.
B. If one of these conditions is absent, the ratios can only be confirmed by the husband.

Rule 170
A. If the aggressor is born retroactively in the course of her birth, the lineage is fixed from the absolute.
B. If she was born after the expiration of the period or by the expiration of the term, the filiation shall be established only if she was born before six lunar months from the date on which the number was deemed to have elapsed.
Childbirth is then evidence of the return, and the persistence of the marriage.

Article 171
A. A prima facie offender or death if she does not acknowledge the expiry of her birth, the lineage of her child shall be established within one year, sixty-five and three hundred days from the date of Baynunah or death.
B. Taking into account the provisions of the filiation if they have been brought over for more than this period, the percentage is not proven.
C. If it has expired for a period of time, the lineage shall be established if it is born for less than six lunar months from the moment of its approval, and for less than sixty-five and three hundred Days of Baynunah or death.

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Chapter III
Parentage in a corrupt marriage and entry on suspicion

Article 172
A-proves the lineage of the boy from the man in the corrupt marriage, or enter on suspicion if he was born for six lunar months and more than the real date of entry.
B. If the child is born after the participation or differentiation, a percentage is fixed only if the birth is 65 and 300 days after the date of participation or differentiation.

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Chapter IV
Acknowledgement of ratios

Article 173
(a) The recognition by a man of the filiation of an unknown parentage, even in the case of death, if he is not lied by reason or habit, he does not say that he is adultery, and is not required to ratify the premises unless he is in charge.
B. An anonymous acknowledgement of paternity of a man with a proven lineage, once the conditions mentioned in the preceding paragraph are met.

Article 174
A. The proportions of the child are confirmed by the birth of the mother, when the conditions for a man’s admission are met, not married or at the time of birth.
B. A percentage of the mother is confirmed by his approval if the conditions set out in the preceding paragraph are met.

Article 175
Recognition of the attribution of parentage to others does not prove the proportions.

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Part two
Negation of lineage (Laan)

Article 176
In cases where the lineage of the child is established in a valid or dissolved marriage, or by entering into a corrupt marriage or suspicion, a man may deny the child’s lineage within seven days of the time of birth or knowledge of her, provided that the filiation has not been expressly or implicitly recognized.

Article 177
Action must be taken for a lawsuit within fifteen days of the time of birth, or knowledge of it.

Article 178
If a man and a woman were to be blamed, the judge denied the boy’s lineage, did not have his alimony, did not inherit each other, and the child was born with his mother.

Article 179
If a man admits to a lie in the accusation and denies the lineage, he must have the child’s lineage, even after the sentence is denied, and he may marry the woman.

Rule 180
The band is an annulment.

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Part III
Suit lineage

Article 181
From the date of the Act:
The claim for acknowledgement of filiation is only heard if the acknowledgement is fixed by a formal or customary paper, all written at the headquarters line, signed by or certified as having been signed.

Article 182
The validity of the filiation claim must include the cause.

Article 183
The deduction in the filiation claim is the right holder, or the right to prove it.

Article 184
A. The contradiction in the claim of filiation and paternity is inexcusable, and is inexcusable except for them.
B. The contradiction is raised by the actual conciliation, the approval of the adversary or the denial of the judge’s jurisdiction.

Rule 185
The sentence in the lineage is not an argument except for those who were parties to the dispute.

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Part IV
Breastfeeding

Article 186
The mother should breastfeed her child if he cannot be fed without her milk.

Rule 187
The breastfeeding fare is worth the time of lactation, and only falls on performance or discharge.
Rule 188
A. The mother is not entitled to a nursing fee for the marriage, or several fathers, who are entitled to alimony.
B. Nursing fees are not payable for more than two-time births.

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Part 5
The Nursery

Rule 189
A-the right of custody of the mother, then her mother and the mother, then to the sheep, then the mother’s aunt, then his maternal aunt, then the grandmother to August, then August, then the sister, then aunt, then Aunt August, then the August aunt, then the brother’s daughter, then the sister, by presenting the brother, then Lam, then to August
B. If there is no entitlement to foster care, the right to custody is transferred to the chosen Guardian, then the brother, then the paternal grandfather, then the uterine grandfather, then the nephew, then the uncle, then his son, by presenting the brother, then to the mother, then to August, whenever possible.
C. If the persons entitled to the Nursery are equal, the judge shall choose the best of them.

Rule 190
A-a requirement for a nursery receivable: puberty, reason, honesty, and the ability to raise and maintain the child’s health and morals.
B. The Guardian is required to be a female mahram and has a woman who is fit for a nursery.

Article 191
(a) If the incubator marries a non-mahram for the wife and enters the husband, her guardianship falls.
B-Silence who has the right to custody for a year-without excuse-after learning to enter, his right to custody is extinguished and the allegation of ignorance of this provision is not an excuse.

Article 192
The non-Muslim incubator deserves the custody of the Muslim boy, so that religions are reasonable, or he is afraid to be familiar with other than Islam, even if religions are not.
In any event, a person may not be kept at the time of the age of 7.

Article 193
The right of custody is not extinguished by projection, but it is prevented by its inhibitions, and it is caused by its demise.

Article 194
Women’s custody of the mother ends with puberty, and she is not married and the husband enters her.

Article 195
A. The incubator may not travel by cuddled to another country of residence except with permission or guardian.
(b) The Guardian has no August or other travel in the custody of his or her residence without the permission of his or her nanny.

Article 196
A-the right of vision for parents and grandparents only.
B-it is not for the custodian to prevent one of them from seeing the crowd.
C. In the event of prevention, and unwillingness to go to see the child at the time of the other, the judge appoints a periodic date and a suitable place to see the child in which the rest of his family can see him.

Article 197
The incubator has received alimony payments, including his residence fees.

Article 198
Those who are obliged to take care of a dwelling must pay for their custody, unless the incubator owns a dwelling in which they reside, or is allocated to their housing.

Article 199
A. The incubator is not entitled to a nursery fare, if it is a wife of the father, or an offender who is entitled to alimony, or during the period of pleasure imposed on his young father.
B-the incubator must have a nursery fare until the young child reaches the age of seven, and the small nine.

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Section VI
Expenditure of relatives

Article 200
There is no expense for relatives other than the origins, the altitude, the branches and if they go down.

Article 201
The solvent boy, male or female, has to pay for his parents, his grandparents, his poor grandmother, and if they violate the religion, or they are able to earn.
When the children are numerous, the alimony is dependent on their left.

Article 202
The solvent August must pay for his poor child, who is incapable of earning and is able to go home, even to dispense.

Article 203
A. If the August is insolvent, the mother is solvent, the maintenance of her child, and a debt to the August, shall be returned to him, if it is easier, as well as if the August is absent and the alimony cannot be met.
B. If the August and the mother are insolvent, the alimony must be provided to those who, without the August, are obligated and have a debt to the August, which is attributable to the August if it is easier.

Article 204
If the persons who are entitled to alimony are numerous and not at the left of the alimony, all of them are provided with alimony, then their children, then the mother, then the August.

Article 205
They are entitled to alimony from the date of filing, or mutual consent, and are deemed to be in the custody of the child, only by performance or discharge.

Article 206
The child’s alimony is not set off against his father, and the August religion is on the incubator.

Article 207
The provision of article 79 of this Law shall apply to the relatives ‘ expense.

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Section VII
Self-mandate

Article 208
Subject to the provisions of articles: 29-33.
Subject to the state on the small and small self until they reach the law, or they are 15 years old, sane, and subject to the adult insane, or the lunatic, male, or female.

Article 209
A. Self-guardianship of the father, and then to the paternal grandfather, and then to the same in order of inheritance, provided that it is haraam.
B. In the multiplicity of persons entitled to the State and their equator, the court chooses to fix them.
C. If there is no receivable, the court has appointed the good to others.

Article 210
Subject to custody provisions:
The Guardian shall supervise and preserve the affairs of the Wali, raise him, educate him and prepare him in good numbers.

Article 211
A-The guardian is required to be a secretary to the minor, able to manage his affairs, united with him in the religion.
B. If the Guardian has lost one of these conditions, he has been deprived of his mandate.

Article 212
If a minor has not been appointed, or has been deprived of guardianship, the court shall entrust the minor to a secretary, or a charitable entity, until the matter is adjudicated.

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Section II
The commandment
Part One
General provisions
Chapter I

Definition of the will, its corner, and its strips
Article 213
The commandment is a disposition of the estate, added to the post-death.

Article 214
The will is held by the phrase or the writing, if the recommended persons are unable to meet with their stated reference, and when denying the incidents occurring from the date of the operation of this law, the claim of the commandment, or the return of the said after the death of the recommended unless there are official papers or customary written in a plan, stamped, or His or her signature, indicating what has been said, or whether or not the probate paper is certified to be signed by the recommended.
In case of necessity, the verbal commandment may be evidenced by the testimony of two justice witnesses who attended.

Article 215
The validity of the will is required not to be a sin, or to be motivated contrary to the intentions of the street.
If the non-Muslim is recommended, the will is true unless it is haraam in Islamic law.

Article 216
A-it is correct to add the will to the future, or to comment on the condition or restrict it if the condition is true.
B. The correct condition is that there is no legitimate interest in the draft, or the intention, or the other, which has not been terminated, is not contrary to the purposes of the Shariah, and must be taken into account, as long as the interest in it is achieved or predominant.
C-If the will is suspended on an invalid condition was void.
D-If the will is restricted by an incorrect condition, the commandment is correct and the condition Lagha.

Article 217
A. The recommended requirement is to be eligible for donation in law.
B. If the recommended is snuff or inattention, or eighteen years of age, and his/her permission has been authorized by the court or vacationed.
C-The commandment issued by the interdicted before the stone for the sake of the horse or the Guardian does not need to continue to leave.
-The apostate and apostate will enter into force if they return to Islam.

Article 218
The recommended requirement is:
1. Be known.
2-He must be present at the will if he is appointed.
If not specified, it is not required to be present at the will, nor the time of death of the recommended, subject to the provisions of article 279.

Article 219
A-the commandment is valid for Allah Almighty, and for the deeds of righteousness, without appointing a hand and acting in good things
B. The will is valid for mosques, charitable institutions, other land bodies, scientific institutions and public interests and shall act on their administration and architecture, their interests, their poor and other matters, unless the bank has the necessary knowledge or significance.

Article 220
The will is valid for a certain part of the land to be found in the future.

Article 221
The will is valid with the difference of religion and denomination, and with different darias, unless the recommended is affiliated with an Islamic country and the recommended non-Muslim of a non-Islamic country, prevents his sharia from the will of the recommended.

Article 222
The recommended requirement is:
1. Whether the inheritance takes place, or may be the subject of a contract for the life of the recommended.
2-the recommended and recommended if it is money.
3. To be present at the will of the king of the designated individual, subject to paragraph (a) of article 216.

Article 223
The commandment is valid in the absence of rights and inheritance, including the right to benefit from the leased eye after the death of the tenant.

Article 224
The will is valid by lending the recommended amount of money. More than one third of the estate is carried out only with the heirs ‘ leave.

Article 225
A-the will is correct by dividing the elders of the estate on the heirs of the recommended, so that each heir, or some heirs, to his recommended part of the estate, equivalent to his arthy share.
(b) The increase in the allocation for some of them was a testament.

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Chapter II
Nullity of the Will and the return of the commandment

Article 226
The commandment is invalidated:
A-the death of the recommended before the death of the recommended.
B. The recommended loss of the designated prior to the acceptance of the recommended.

Article 227
It is prohibited from the entitlement of the optional commandment or the obligatory will to deliberately kill the person who is the perpetrator, whether the murderer is an actor, a partner, or a false witness, whose testimony led to the death sentence and execution of the recommended, if the murder is without right, without excuse, the murderer was criminally responsible, and excuses exceeded The right of legitimate defence.

Article 228
The trustee may refer to the whole or some of the wills expressly or in a meaningful way.
Any act or act that denotes a presumption or offer of return is considered as a return to the commandment.
It is a reference indication of each behavior removes the recommended king of the recommended.

Article 229
It is not considered as a return to the will of the will, nor the removal of the recommended eye, nor the act that removes the name of the recommended or other than most of its qualities, and the act in which an increase is required can only be delivered, unless a presumption or custom indicates that the recommended intention is to return the will.

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Chapter III
Acceptance of the will and its reply

Article 230
The commandment is required to accept it from the expressly recommended or connotation after the death of the recommended, if the recommended person is a fetus, a minor, or is interdicted, the acceptance of the will and its restitution by those who have jurisdiction over his money, and the reply after the court’s permission.
The acceptance of the entities, institutions and establishments represented by law shall be the same. If she does not represent her, the commandment will be required without stopping the acceptance.

Article 231
If the recommended deceased died before accepting the will and restitution, his heirs took his place in that.

Article 232
Neither acceptance nor restitution is required immediately after death, however, the will is invalidated if the heir is informed, or the applicant is executed by a solemn declaration containing an adequate statement of the will, and has been asked to accept or respond, and has been informed of 30 full days, other than the legal distance, and has not been accepted or Reply in writing, without an acceptable excuse.

Article 233
A. If the recommended person accepted some of the will, some of the other said the will was required before, and I stopped in response.
B-if the recommended multiplicity of them before some of them, others have responded to the share before, and I have stopped the share of the reply.

Article 234
A. The commandment does not invalidate her cold before the death of the recommended.
B-If the recommended answer is all or some of them after death and before admission, I will not reply.
(c) If all or some of them are returned after death and acceptance, and accepted by one of the heirs, the will has been broken, although none of them has accepted it as a champion of apostasy.

Article 235
A-if the recommended is present at the death of the recommended, he deserved the recommended death, unless the text of the will is proven to be due at a certain time after death.
(b) The Trustee shall have the recommended growths from maturity to acceptance, if the acceptance is late for the commencement of the benefit and is not a will, and the recommended expenditure for that period.

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Part two
Rulings of wills
Chapter I
The recommended

Article 236
The will is correct with the elders of the dome, and to include the existing and the missing persons who count, if no one is recommended at the time of death of the recommended, the yield to his heirs, and when despair of the presence of one of the recommended, the recommended eye belongs to the heirs of the recommended.
If any of the recommended ones are found at or after the death of the recommended. It was the yield for him to exist and to share it with him. All of whom are involved with those who are present at the time of the onset of the yield until the existence of another receivable, the eye and the yield for all of them, and the share of those who died left it.
Article 237
If the will–for those mentioned in the previous article–of benefits alone, and none of them at the death of the recommended, were for the heirs of the recommended.
If there is a receivable at the time of the death of the recommended or then the benefit is to him and to all those who are eligible until their loss, the benefit is to the heirs of the recommended, and when despair of the presence of others who are recommended, the eye is returned to the heirs of the recommended.
Article 238
If no one is recommended, alone with the yield, or with the recommended eye, unless the recommended phrase or a presumption indicates that it is intended to be a multiplicity, in this case the person is distracted by his share of the yield, the remainder is given to the heirs of the recommended, the eye is divided between the recommended, and the heirs of the recommended despair of having a worthy brother Qar.
Article 239
If the commandment of the benefits is multiple and layered, the benefit of the lower class in despair is the presence of one of the upper-class people, or their subordination, taking into account the provisions contained in the preceding articles.
If all classes are extinct, the eye is left only if the recommended or some of them are recommended to others.
Article 240
The will is valid for those who do not count, and is competent for those who need them, and it is left to be distributed among them to strive for the implementation of the will without complying with the circular or equality.
Execution of the will for the chosen one, if not, for whom the court appoints.
Article 241
If the will of a people is confined by a word that they eat, and they are not appointed by their names and some of them are not parents at the time of death of the recommended, the remainder deserve all the will, subject to the provisions of articles 236, 237 and 238.
Article 242
If the commandment is shared between a particular group, a community or a body, or whether it is shared by a group of destinations, or is shared by all. Each appointee, and each individual member, had a confined community. Each group is not confined, and each side has its own recommended share. Unless otherwise recommended.
Article 243
If the will of the appointees returned to the estate of the recommended share of the non-parents when the death.
Article 244
A-if the will of a certain, or a group, is stopped, the recommended return to the estate.
(b) If the rest of the wills are increased, and the commandment is no more than one third, one third is distributed to the recommended and heirs, with the remainder of the commandments and the will of the commandment.
Article 245
The commandment for pregnancy is valid in the following circumstances:
1) If the recommended pregnancy is approved at the time of the will and born alive for sixty-five and three hundred days and less than the time of the commandment.
2) If the recommended pregnancy is not recognized and born alive for seventy and two hundred days at most of the time of the will, unless the pregnant woman is a guardian of death or a dowry, the will is valid if he was born alive for Sixty-five and 300 days and less than the time of death or the dowry.
If the will is to be carried by a certain, the validity of the will is stipulated with the foregoing.
The recommended yields stop until the pregnancy is separated alive, it is for him.
Article 246
A. If the pregnant woman comes with two or more live births at a time, or in two times between them less than six months, the commandment will be equal to them only if the will is otherwise provided.
(b) If one of them is separated from the neighborhood, the neighborhood deserves all the will.
C-if one of the children dies after childbirth, in the commandment of the elders his share between his heirs, and in the will of the benefits will be his share of benefit allowance until his death between his heirs, and after his death returned to the heirs of the recommended.
Chapter II
Recommended
Article 247
The intestate will be carried out within one third of the remaining estate after the debt is fulfilled without the heirs ‘ leave.
The inheritance is not carried out, or by more than one third unless the heirs leave after the death of the recommended, and the magies are fully eligible.
If some heirs leave the will of the heir, or more than one third of the inheritors, some are not allowed to do so.
It implements the will of the non-religion, the heir to him with all his money, or some without stopping on the public Treasury’s leave.
Article 248
A. The will of the debtor, which is in debt, is valid, and it is only by acquittal.
(b) If he is acquitted of some religion, or if the debt is not taken, the will was executed in one third of the remainder after the fall of the religion or its fulfillment.
Article 249
If the debt is not taken, and all or some of the recommended is satisfied, the amount of the credit may be returned to the extent of the completed debt within one third of the remainder of the estate after the debt has been fulfilled.
Article 250
If the will is the same as the fate of a particular heir to the recommended heirs, the trustee is entitled to the fate of this heir plus the obligatory.
Article 251
If the will is like the share of an undesignated heir to the recommended heirs, the recommended one is a plus for the obligatory, if the arrows are equal, and their share is greater than the obligatory arrows.
Article 252
A) If the will of one of their own is common in the estate, and to another such as the fate of a particular or non-specific inheritor, it has first been assessed as a guardian.
One third of the wills are divided into a alopecia, if one third is narrowed.
b) If the will has a limited amount of money, or one of the objects of the estate instead of the common stock, the money is valued or the value of the eye is equal to the shares of the estate.
Article 253
If the will is with a certain amount of money, or with an eye, and the estate has a debt or absent money, the recommended output of one third of the present from the estate, deserved by the recommended, or deserved from him as much as this third and the remainder of the heirs, and whenever he attended something deserved the recommended one third to meet his right.
Article 254
If the commandment is common in the estate, and where there is a religion or money absent, the recommended one has earned his share in the present, and whenever he attends something worthy of his share.
Article 255
If the commandment is common in some kind of estate, and where there is a religion, or absent money, the recommended share of this kind is earned if this stock comes out of the present one-third of the estate, or the recommended one is worth the share as much as this third.
And the rest is for the heirs and the more you attend something worthy of the recommended one third of the type recommended in it, but not harm the heirs, if it hurts them the recommended take the value of the remaining share in the recommended type of one third of what he attends to meet his right.
Article 256
A. In all the cases described in the preceding articles, if the estate includes a debt owed to a surviving survivor, that religion is of the present sex of the whole or some of the estate, the set-off occurred as much as the heir’s gender, and thus considered money present.
B. If the debt owed to the heirs is non-gender-based, the set-off does not occur, and the debt is considered to be present if it is equal to or less than the present survivor’s share of the estate. If it is more than that, consider what is equal to this share of money present.
In such a case, the heir shall not seize his share of the present money unless he has performed his debt, if not by the sellers of the judge, and by the price of the debt.
C. The types and papers of cash are considered as one sex.
Article 257
If the will is in the eye of the estate, or in some of its types, the recommended, or deserved, nothing for the advice, and if some of them perish or deserve, the recommended take the rest of it if it comes out of a third of the estate, or if it has as much as one third.
Article 258
A. If the commandment has a common share in a particular, it is lost or deserved, there is nothing for the trustee.
B-if some perished or deserved to take the recommended all his wills from the rest to be able, and she graduated from a third of the estate.
C. If the remainder does not fulfil the will of the third, the remainder is taken, although the will is fulfilled, but more than one third is taken as much as one third of the estate.
Article 259
A-if the will is a common share in the type of the money recommended, so you perish or deserve, nothing for the advice.
(b) If some of them perish, or deserve, they have only their share in the rest if they get out of a third of the money, or take as much as one third.
Chapter III
The commandment of benefits
Article 260
A. If the commandment is of benefit to a particular term of the principle and the end, the trustee is entitled to a benefit in this period.
B. If the period elapses before the death of the recommended champion, and if some of them have expired, the recommended benefit is the remainder.
C. If the period of time is limited in principle, it starts from the moment of death of the recommended.
Article 261
A. If the heirs or one of the recommended beneficiaries is prohibited from using the eye for all or part of the period, the objector is included in the benefit only if the recommended and all the heirs agree to compensate him for another term.
B. If the prohibition on the use of the recommended entity, or an excuse between the recommended and the benefit, has a further period of time for the cessation of the inhibitor.
Article 262
Subject to the provisions of the preceding articles:
A. If the commandment is beneficial to a non-confined people who do not think their interruption or to a party of righteousness, and the commandment is life or absolute, the recommended benefit is worthy of support.
B-If the commandment is life or absolute for a non-confined people who think their interruption has earned the recommended benefit to their rescue.
Article 263
If the will is for the benefit of a certain period, and for the enclaved people, then after them for those who do not think their interruption, or for a side of the land, and no one is trapped within thirty-three lunar years of the death of the recommended, or during the period specified for the benefit or found during this period and was extinct before the end of the whole period Or some of them, depending on the circumstances, for what is more useful than righteousness.
Article 264
If the recommended eye can be used or exploited on a non-recommended basis, the provider may use or exploit it as it sees it, provided that it does not damage the eye recommended for its benefit.
Article 265
If the will is the yield or the fruit, the result is the yield or the fruit existing at the time of the death of the recommended, and future developments, unless otherwise implied.
Article 266
(a) If the will is to sell the eye for a price, or lease it for a certain period, and with a named fare, and the price or fare is less than the same with an obscene injustice that comes out of one third of the estate or a lesser injustice, the will is carried out.
B. If the gross injustice does not come out of one third, and the heirs do not increase, the will only be carried out if the recommended payment is accepted by the trustee.
Article 267
In the will with a share of the benefit that satisfies the share by dividing the yield or the fruit between the recommended and the heirs of the recommended percentage for each team, or Balmhayah time or place. Or the division of the eye if it is necessary to divide without harm, and the court when the difference set one of these methods.
Article 268
The recommended benefit is what imposes on the eye obligations and what is required to fulfill its usefulness, even if the neck is recommended to others.
Article 269
The commandment will be forfeited in the following cases:
A. The death of the recommended prior to the completion of all or some of the recommended benefit.
B-by buying the recommended eye that I recommend to him for its benefit.
C. By waiving his right to the heirs of the recommended mosquito or non-compensated
D-Due to the benefit of the recommended eye.
Article 270
The sale of the recommended heirs performs their share in the recommended eye for their benefit without the need for the recommended leave.
Article 271
If the commandment is for the benefit of a particular life, or for the duration of his life, or divorced, the recommended benefit shall be eligible for the duration of his life, provided that his benefit arises in the range of Thirty-three lunar years from the death of the recommended.
Article 272
The departure of the commandment with benefits and rights is calculated from one third of the estate as follows:
A. If the commandment for benefits is life, absolute, or for the life of the recommended, or for a period of more than ten years, in the will of all the benefits of the eye, the benefits are equal to the value of the same eye, and in the will with a proportional share of the benefits is considered equal to that proportion of the particular.
B. If the commandment is for benefits for a period not exceeding ten years, it is valued at the value of the benefit recommended in this period.
C. If the commandment is a right in rem, the difference between the value of the eye and the amount of the right recommended, and its value without it, is estimated.
Chapter IV
The will to pay
Article 273
A-the will is valid for salaries from the capital for a certain period, and is allocated from the recommended money to ensure the execution of the will in a face that does not harm the heirs.
B. If more than one third of the estate is allocated for the implementation of the will, the heirs do not allocate the increase by one third, the will is carried out and the payment is made until the recommended salary meets the equivalent of one third of the estate at the time of death, the period expires or the recommended dies.
Article 274
If the will is with a salary from the yield of the estate, or from the yields of a given period, the estate or the eye, loaded with the recommended salary, is out of one third of the money, the will was increased, the heirs did not allow the increase of one third, the excess of the salary and the corresponding estate or the eye for the heirs of the recommended.
Article 275
A. If the commandment for a particular salary of capital, or the absolute or life-long yield, or the life of the recommended one, is considered to be seventy years, for the account of the recommended departure for one third of the estate, the recommended money shall ensure the execution of the will on the face specified in article 273 if the will is paid by capital, and (l) The amount of the recommended salary as set out in article 276, if the will is paid by a yield.
B-If the recommendation dies before the period mentioned in the preceding paragraph, the remainder of the will of the heirs or the one who has recommended it after him, and if the money allocated for the execution of the will or the recommended lived more than the said period, he may return to the heirs within the limits of one third.
C. In any event, the remainder of the recommended age may not be less than ten years when the salary is due.
Article 276
A-in the will with a salary of capital, the recommended takes a mattress of the eye yield allocated to the head, if the yield does not meet the salary heirs to complete it or sell from this eye to pay the salary.
If the yield increases on salary, the increase is refunded to the heirs of the recommended.
B. In the will with a salary of yield, the salary will be met from the yield of the intended provision. If the yield in some years increases on salary, it is not returned to the heirs of the recommended, but has ceased to cover the lack of yield in some years.
C. If the will provides that the salary is a year or a year or a presumption, the annual increment shall be refunded to the heirs of the recommended.
Article 277
A. If the salary of a permanent guardian is recommended, or for life, the recommended money shall be included in the payment of the will, and more than one third shall be allocated only on the basis of the heirs ‘ leave.
B. If the provision is more expensive than the recommended salary, it is earned by the recommended entity, and if the yield is decreased from the salary, that entity has no recourse to the heirs of the recommendation.
Article 278
A. In the circumstances set forth in articles 273 to 276, the heirs of the recommended person may seize or dispose of the allowance for the execution of the will in respect of the salary, provided that they are placed in their recommended destination or appointed by the judge for all salaries in cash, and the amount deposited is allocated for the execution of the wills.
B. If the applicant dies before the deposit has entered into force, the remainder shall be returned to the heirs of the recommended.
C. Every right of the estate to be deposited is removed by deposit and allocation.
Article 279
The will is not valid for salaries from capital, or only for those who are recommended at the time of death of the recommended, and appreciates their lives as stipulated in article 275, and the wills are executed in accordance with the provisions set forth in the wills of the appointees.
Chapter v
Increase in recommended
Article 280
A. If the recommended eye is not recommended, or the architecture has increased its self, such as restoration, the whole eye will be a testament.
B. If the increase is in the same capacity as grass and construction, the recommended heirs in each eye share the value of the existing increase.
Article 281
A. If the recommended construction of the recommended eye is demolished, and in the case of the first, the eye in its new state would have been a will even changed its contours.
B. To reconstruct the other face, the eye was a company of the value of the construction of the heirs, and the value of the land for its resources.
Article 282
If the recommended demolition of the recommended eye, the annexation of land to the land owned by him, and built upon them, the recommended participant with the heirs in all land and construction of the value of his land.
Article 283
An exception to the provisions of articles 280, 281, and 282, if what has been recommended, or increased in the eye, which usually tolerates the increase in the will, and the increase that is not tolerated, is also incurred if there is evidence of intent.
Article 284
If the recommended construction of the recommended eye building with the construction of another eye owned by him, and make them alone can not be delivered with the recommended solo, the recommended co-signed with the heirs as much as the value of his wills.
Chapter VI
Contention of Wills
Article 285
A. If the commandments increase by one third of the estate, the heirs do not divide the increment by one third between the wills in alopecia.
B. If the heirs leave the increase and do not meet the sum of the wills, the estate is divided between the commandments and the alopecia.
Article 286
If the will is in many different areas and it is not fulfilled by the commandment:
A. If the kinship is of a united degree, the distribution is equal.
B. Although different degrees, the obligatory duties and duties of the Naafil prayers were provided in the previous manner.
Article 287
If the wills are crowded with salaries, some of the recommended persons have died or a recommended salary has been interrupted, the share of the deceased has been lost to the heirs of the recommended.
Part III
The Obligatory commandment
Article 287 bis
If the deceased did not recommend to his son’s branch who died in his life or died with him even if he had a verdict–to the extent of his share of his origin in leaving him if he were alive at his death As much as he must, and if he gave him less, he had a will as much as he possessed.
This will be for the parents of the first class of children of girls and children of children to appear, and if they come down to block all the origins of the branch without other branch, and to divide the share of each asset on his branch and inn, dividing the inheritance as if his origin or origins to the deceased died after him, and their death was arranged as a dish At.
Article 287 bis (a)
If the deceased recommends to the one who has the commandment more than his share, the increase will be optional, and he shall recommend to him less than his share, which he must complete.
and to recommend to some of what they had the will without others had to recommend to him as much as his share.
The share of those who have not been recommended and the share of those who recommend it is taken less than the remainder of one third, in addition to it and what is occupied by the optional commandment.
Article 287 bis (b)
The obligatory commandment is an introduction to other commandments.
If the deceased did not recommend to those who had the will and recommended to others, all those who had the commandment deserved as much as the remainder of one third of the estate to be in or out of it and recommended to others.
Section III
Inheritance
Book I
General provisions
Article 288
Inherited by the death of a gene is a fact or a verdict.
Article 289
A. A heritage entitlement is required to achieve the life of the heirs at the time of death, truth or judgment.
B. The existence of pregnancy and the entitlement to inherit is achieved if the conditions contained in article 330 of this Law are met.
Article 290
If two or more die, some inherit, and no one dies first, there is no entitlement to the other’s estate, whether or not they die in one incident.
Article 291
A-leads from the estate according to the following order:
First: enough to equip the deceased and equip the person who died before him who needs his expense to the extent of the project.
Second: The debts of the deceased.
Third: the Obligatory commandment
Fourth: The optional commandment at the limit in which it is carried out.
Fifth: Inheritance in accordance with the order of this law.
-If there are no heirs, the estate is eliminated in the following order:
First: The benefit of those who have been admitted to the deceased in proportion to others.
Second: What has been recommended, as far as the will is implemented.
If none of these are the estate, or what is left of it to the public treasury.
Article 292
of inheritance is the intentional killing of a gene, whether the murderer is an original or a partner, or a false witness whose testimony led to the death sentence and execution if the murder was not true, without excuse and the killer was sane, extreme criminal responsibility, and is an excuse to override the right of legitimate defence.
Article 293
A. No inheritance between a Muslim and a non-Muslim.
B-Non-Muslims are inherited from each other.
C-the difference between the two darias does not prevent inheritance between Muslims.
D. The difference between the two non-Muslims is not prohibited from inheriting unless the law of the foreign home prohibits it.
Article 294
A. The apostate does not inherit from anyone.
(b) The money of the apostate before or after apostasy, when his heirs are Muslims when he dies, if he has no heirs of the Muslims, he shall have his money for the public treasury.
C. If the apostate is naturalized as a non-Muslim state, it shall be deemed to be the deceased and his heirs to Islam.
D-If the apostate returns to Islam after he has naturalized the nationality of a non-Islamic State, he shall have no money left in the hands of his heirs, or the public treasury.
Book II
Causes and types of inheritance
Article 295
A. Causes of inheritance: marital and kinship.
B. Inheritance shall be by means of an obligatory marriage.
(c) The inheritance shall be by kinship, by means of imposition, or by blindfolding, together or with the uterus.
D. If the heir has inherited a legacy with them together, with the provisions of articles 302, 326.
Part One
Inheritance by force
Article 296
The imposition of an arrow is destined for inheritance in the estate, and begins to inherit by the owners of the hypotheses, namely: August, serious and even, brother Lam, Sister Lam, husband, wife, daughters, daughters of the son and the Sisters Inn for August and mother, Sisters of August, mother, grandmother fixed and that is.
Article 297
A. Subject to the provision of Article 309, the father must impose one sixth if found to deceased a boy or son.
B. In the absence of the August the seriousness of the one sixth, as described in the preceding paragraph.
The most serious is the one who does not enter the percentage of the deceased female.
Article 298
A-the children of the mother impose a sixth of one, and a third of the two and more, males and females in division either.
(b) If the children of the mother are two or more, and the estate takes the inheritance, the children of the brotherly mother or siblings shall participate in private or with one or more sister sisters, and a third shall be divided among them on the advanced face.
Article 299
A. The husband has to impose half when the child is not born and the son is born, and the quarter with the boy or son and that inn.
(b) The wife, even if she is divorced, if the husband dies in the kit, the wives impose a quarter when the child is not born, the son is born, the price is with the boy, or the son is born.
The divorced woman is considered an absolute death in the wife’s rule if he does not accept a divorce, and the divorced died in the disease, and she is in his promise on condition that her eligibility to heritage from the time of divorce to the time of death.
Article 300
Subject to the provision of article 307:
A. One of the daughters has to impose half, and two or more two thirds.
B-Daughters of the son the advanced imposition when there is no girl, or a daughter of a higher degree.
(c) They have one, or more, a sixth with the girl, or the daughter of the higher son.
Article 301
Subject to the provisions of articles 307 and 308:
A. One of the sister sisters has imposed half, two or more thirds.
B-Sisters to August the advanced imposition when there is no sister.
(c) They have one or more sextant-sisters.
Article 302
A. The mother imposes a sixth with the boy, or the son of an inn, or with two or more brothers and sisters.
(b) She has only one third of these conditions, but if she meets with one of the spouses and August only, she has a third of what remains after the imposition of one of the spouses.
(c) A fixed grandmother is the mother of one of the August, or of a grandparent’s grandfather, who, with or for a sixth, is divided between them, and does not differentiate between a relative and a relative.
Article 303
If the owners of the hypotheses increase their inheritance, they are divided by the rate at which they are inherited.
Part two
Inheritance by blindfolding
Article 304
A-if there is no one of the following, or it is found and it does not take the estate, the estate, or the rest of it after the hypothesis of the League of proportions.
B-the band of the ratio three types:
1) Self-clique
2) A clique
3) a clique with others.
Article 305
The league has four sides, each presented in succession in the following order:
1) filiation, including sons, sons of the Son and Inn.
2) parenthood, include August, and serious and that Ola.
3) Brotherhood, include brothers to August, brothers to August and their children and that they descended.
4) cousins, include the uncles of the dead to August, or to August, and the paternal uncles as well, and the uncles of his grandfather and that Ola, and the sons of those mentioned and they descended.
Article 306
A. If the league is united in its own right, it is owed to the heritage who are closest to the deceased.
B-if they unite in the side and the degree, the presentation was by force of kinship, and who was his August, submitted to those who were his relatives of the August only.
C-if they unite in the side, the degree, the power was the legacy of both.
Article 307
A. The League of Others is:
1) Girls with children.
(2) The Daughters of the son and the sons of the son, if they are in their class at all, or if they do not inherit from them.
3) The Awat for August with brothers to August, and sisters to August with brothers to August.
B-the inheritance between them in these circumstances, for males like the luck of the two females.
Article 308
A. The league with others:
Sisters to August or to August with the girls or daughters of the son and to go down and have the rest of the estate after the homework.
(b) In this case, they shall be considered for the rest of the leagues as brothers of the August or August and shall take their powers of presentation on the side, degree and strength.
Article 309
If the August or grandfather meets with the girl or the daughter of the son and if he is descended, he deserves one sixth, and the remainder by means of blindfolding.
Article 310
A-if the grandfather meets with the brothers and sisters of August or August, he has two cases:
1) to be named as a brother if only males, males and females, or anatha Assab with the female heir section.
2) to take the remainder after the hypotheses by means of blindfolding if it is with sisters who have not been angry with males, or with the inherited branch of females.
B. However, if the name of the person, or the succession to the advanced face, deprives the grandfather of the inheritance or lacks one-sixth, he is considered to be a sixth.
(c) The name of the August is not considered to be concealed from the brothers or sisters.
Book III
Cloaking
Article 311
A. Blocking is that a person has the capacity to inherit, but does not inherit due to the existence of another heir.
B-The Mahjoub is blocking others.
Article 312
Deprived of the inheritance to prevent its inhibitions, does not obscure any of the heirs.
Article 313
A. The grandmother’s fixed mother is obscured by pain.
B-The distant grandmother of the nearby grandmother is obscured.
C-the grandmother blocks the August August.
D-The grandmother is seriously withholding the hurt if he is originally for him.
Article 314
The children of the mother are August, seriously and in the child, with the boy and the son and the boy.
Article 315
A. The daughter of the son is obscured by the son, son of the son and a hostel, if he has dropped a degree.
B. They also conceal the daughters, or daughters of the son, if they are of the highest degree, unless they are angry with them, according to article 307.
Article 316
The sister blocks the August August and son, son and son.
Article 317
A-the sister blocks the August August, son, son and son.
B. The two August are also obscured by the brother of the August if they are a clique with others, in accordance with Article 308 and two August, if there is no August brother.
Book IV
Reply
Article 318
A. If the hypotheses do not take the estate, there is no league of proportions to which the remainder is returned to the non-spouses of the hypotheses.
(b) The rest of the estate is given to one of the spouses if there is no league of parentage, a relative, or a kinship.
Book V
Inheritance due to uterus
Article 319
A. If there is no one of the relative hypotheses, nor of the relative leagues, the estate or the rest of it, the relatives.
B. The relatives are non-hypotheses or relative leagues.
Part One
Kinship classification
Article 320
In the following order, there are four types of kinship in the inheritance.
Category 1: Boys and girls, children of the Daughters of the Son and Inn.
Category II: Uterine and non-persistent, and grandmother is not fixed and if it is done.
The third category: Children of the Brothers Lam and their children and if they go down.
And the children of the Sisters for August, or one of them and if they go down.
And the Daughters of Brothers to August or one of them and their children and if they go down.
And the daughters of the brothers sons for August or August, and if they go down and their children and if they go down.
Category 4: Includes six sects, each presented in succession in the following order:
First: The uncles of the deceased’s mother, his aunts, his uncles, and his aunts for August or one of them.
Second: The children of those mentioned in the previous paragraph and that they went down, and the Daughters of the dead uncles for August or August, and daughters of their children, and if they came down, and children of males and those who went down.
Third: The uncles of the deceased father, his aunts, his uncles, his aunts for August, or one of them and the uncles of the deceased mother, her aunts and uncles, and her aunts for August or one of them.
Fourth: The children of those mentioned in the previous paragraph and if they descended, and the daughters of uncles father dead to August or August, and daughters of his sons and if they came down, and children of males and those who went down.
5. The uncles of the deceased father of the mother, the uncles of the father of the deceased, her aunts, their uncles, their aunts, the August or one of them, the uncles of the deceased mother, the mother of his father, their aunts and their uncles, and their aunts for his parents or one of them.
Sixth: The children of those mentioned in the previous paragraph and if they descended, and the daughters of the uncles father of the deceased for August or August, and daughters of their children, and if they descended and children of the male and if they descended, and so on.
Part two
The inheritance of the people of the womb
Article 321
A-first class of the relatives first by inheritance the closest to the dead degree.
B. If they are of equal rank, the first owner of the birth of the uterus is born, although they are all children of an imposing or not an imposing owner, who have participated in the inheritance.
Article 322
A. Second class of relatives first by inheritance, the closest to the deceased, the same degree of equality, the one who gave the owner of an imposing.
B. If they are equal in class, and no one who makes an imposing or all of them is imposing an imposition, if all of them are from the August or the mother, they have been involved in the inheritance, although their destinations are different, two thirds of the August, and one third of the mother’s kinship.
Article 323
A-the third class of the relatives first of them by inheritance closest to the dead degree.
B-if they are equal in degree, some of whom were born Aasab, some of whom were born with a uterus, the first on the second, or the strongest of the deceased, whose origin of the August, is the first of the origin of the August, and whose origin to August is the first of the origin of the mother, unite in class and strength of kinship, participated in the
Article 324
In the first category of Class IV denominations set out in article 320, if the August team, the uncles of the deceased mother, his aunts, or the mother’s team, the siblings, and his aunts, gave his relatives, who had the August was the first to August, and who had been to the August he was the first to be a mother, and to be equal in kinship.
At the meeting of the two groups, two thirds are for approximately August and one third for the mother, and the share of each team is assessed as advanced.
The provisions of the preceding paragraphs shall apply to the third and fifth communities.
Article 325
In the second sect, the closest of them offers a degree on the furthest side, if only on the other hand, and on equal footing, and the Union of the entity, the strongest in kinship offers if they are AASAB children or children of the womb.
If they are different, the boy with the uterus is given a child.
On the other hand, two-thirds of the August, one third of the mother’s kinship, and each team is divided in the advanced way.
The provisions of the preceding paragraphs shall apply to the two communities: fourth and sixth.
Article 326
There is no regard for the multiplicity of relatives in the heirs of the uterus except when the side is different.
Article 327
In the inheritance of the relatives, the male is like the luck of the two females.
Book VI
His headquarters by descent
Article 328
A. If the deceased is admitted to the same lineage, this declaration does not exceed the heirs, unless he has fulfilled the conditions of his health.
B. If the lineage is recognized as other, the estate is entitled to a legacy if it is unknown, a percentage is not established and it is not confirmed by the headquarters.
In such a case, it is required that the headquarters be alive at the time of the death of the headquarters, or at the time of sentencing as dead, or in the absence of an impediment to inheritance.
C. If the heirs have passed a legacy, and the ratios have not been substantiated, the headquarters has only participated in its entitlement, if not withheld by the headquarters, and does not deserve anything if it obscures it.
Book VII
Miscellaneous provisions
Part One
Pregnancy
Article 329
It is interrupted to conceive of the deceased’s estate, which is estimated to be male or female.
Article 330
If the man dies from his wife or his mother, he will not inherit her pregnancy unless he is born alive for sixty-five and 300 days at most from the date of death or the band.
A pregnancy other than a father inherits only in the following cases:
First: To be born alive for sixty-five and 300 days at most from the date of death or the band.
If a nation is a dead or a band, the gene dies during the kit.
Second: To be born alive for seventy and two hundred days at most from the date of death of the gene if it is a marital list at the time of death.
Article 331
(a) If the detainee is not pregnant, he or she is entitled to the remainder of the survivor’s share.
(b) If the detainee increases his or her entitlement to the excess of his or her heirs.
Part two
Missing
Article 332
A. The missing from the estate of the deceased is stopped by his share, if he appears alive and is sentenced to death his fate returned to those who deserved him from the heirs at the time of his death.
B. If he appeared alive after his death, he took the remainder of his share in the hands of the heirs.
Article 333
If the missing person is sentenced to death, his heirs deserve to leave him, then this missing person, or turns out to be alive, he has the rest of his legacy, in the hands of his heirs, and does not claim what went from their hands.
Part III
Shemale
Article 334
For the problem shemale, who does not know to mention he or she is a female, the lowest, and the left of the estate is given to the rest of the heirs.
Part IV
Born adultery and boy
Article 335
Subject to the period set forth in the last paragraph of article 330, the child of adultery is inherited, and the mother and kinship are born, and the mother inherits them.
Part 5
Exit
Article 336
A-the exit is that the heirs reconcile to remove some of them from the inheritance on something known.
B. If one of the heirs exit with another of whom he deserved his share, and replaced him in the estate.
C. If one of the heirs exit with the remainder, the payment of the estate is divided among them by their share, although the payment is made of their money, and the method of dividing the share of the outside is not provided for in the exit contract, divided by the proportion of their respective payments.
Final provisions
Chapter I
Prosecution intervention in certain personal status issues
Article 337
The Office of the Public Prosecutor shall sue or intervene in cases where no one is present in any matter affecting public order.
Article 338
The public order in the preceding article is intended for the provisions of Islamic sharia in the following circumstances:
A. Marriage to haraam life or temporary imprisonment.
(b) Proof of divorce.
C. Dissolution of marriage.
D. Endowments and charitable Wills
E. Filiation claims and correction of names.
F. Claims for disqualification, missing, absent and missing persons.
In such circumstances, the Prosecutor shall have the rights of the litigants.
Article 339
A. The Public prosecutor’s Office is represented in the case when a memorandum of opinion has been submitted, and it shall not be present unless the court so deems.
B. In any event, the Prosecutor shall not be present when the sentence is pronounced.
Article 340
In all cases where the law provides for the intervention of the Public Prosecutor’s Office, the Registrar of the Court must inform the prosecution in writing as soon as the case is pending.
When the case is heard, it is a matter of interference by the prosecution, which is informed by a court order.
Article 341
Upon request, the prosecution is given at least fifteen days to submit a notice of its statement from the date on which the case file was sent to it.
The prosecution has the right to appeal the verdict, even if it has not intervened.
Chapter II
Miscellaneous provisions
Article 342
The years and months contained in this Act are calculated in the lunar calendar.
Article 343
All that has not been stated in this law is to refer to the famous in Imam Malik’s doctrine, if there is no other famous dish, if there is no provision originally, the general principles are applied in doctrine.
Article 344
Final judgements issued by the Personal status services are an argument before all circles.
Article 345
Apply the provisions of this law to the Personal Status Department of the Court of Appeal and discrimination.
Article 346
A. This law shall apply to those who have been applied to the Imam Malik doctrine, and otherwise their own property shall apply to them.
B. If the parties to the conflict are non-Muslims and have different religion or doctrine, they shall be subject to the provisions of this law.
Article 346 bis
The rulings of the Supreme Court in personal status cases are issued by a single judge, an exception to the provision of article 7 of Decree-Law No. (23) of 1990. On the Law on the organization of the judiciary referred to.
Article 347
This law was published in the Official Gazette, and it operates from October 1, 1984.
The Emir of Kuwait
Jaber Al-Ahmed
Released at the Palace of the sword in 8 Shawwal 1404 H.
Corresponding to July 07, 1984.
This law was published in the Official Gazette No. 1570 of 23 July (July) 1984. P 1.

* * *
Explanatory memorandum to the draft Personal status law
Section I
Marriage
Book I
Create a marriage
Part one
Marriage Introductions
Article 1
The draft law in the definition of marriage aimed at the words of the Holy Qur’an in the saying of Allaah: “One of the verses is to create for you a pair of yourselves to inhabit, and to make between you affection and compassion.”
And what is stated in the Sunnah of the prophet that marriage is a means of dehydration and statistics.
The desire of Islam to foster pure and strong offspring, to whom good is born, and nurtured by the loving fatherhood, is not a great deal, but rather the refiners of power, in the hope of the family, and of the nation.
Thus, the definition ruled out what was common among the late jurists that the wife was a place to enjoy, to delve into the joy of this pleasure, and showed the lofty purposes of marriage in building a good society and establishing a life of serenity, affection and compassion.
Articles 2, 3
The betrothal is to seek marriage, and by agreement to receive it later, it does not require marriage, and is only a prelude to it, whether it is a request from one of the parties, or it became an agreement between them, or ascertained the habit of the people to get the promise, or acceptance of each other’s gifts, or the woman or her guardian or all of them, For the machine to be consensual.
These introductions do not entail some marriage provisions, but each of the parties may modify them whenever they wish.
The mujtahids have agreed to a religious offence in a marriage with a non-betrothed, so if the second suitor has concluded his marriage with her, he will fulfill his elements and tapes, and he has consequences for the public of the Fuqaha ‘, because the betrothal is not a condition for the validity of the marriage. The third is in the opinion of the public, saying in the Maliki doctrine is not famous, and unlike the famous in the doctrine of annulment before entering the wife, and not to break after it, as a third saying is the avoidance at all before and after entry.
The article took into account the concern for the stability of the family.
Article 4
If one of the parties has modified the sermon, the suitor’s whole or part of the dowry has the right to recover his or her sample if it is present or a suit–for example or value–if it is a mortal or a consumer, because a woman has no right to a dowry except by marriage, and this is not the case with the Fuqaha ‘ agreement.
The dowry is governed by the gifts that have traditionally been recognized as one of the most important of the marriage negotiations, and may be for the value of the real dowry, and this is the jurisprudence of the hanbalis, and what has been decided in the Maliki fiqh and from it the saying “al-Zarhani” in the explanation of Khalil’s brief: “What guides in the contract or before He tasted, and what is required is agreed to be eliminated. ”
But the fiancée may buy the device or some of it with the dowry provided and after the engagement of the suitor does not guarantee all that was expected to be used, and the reply of all what his fist, the loser, while the introduction of the dowry benefit the included permission of the suitor to buy the device it is not fair to oblige it as the fist, but closest to justice to have A choice between returning the dowry, or delivering the equivalent of any or all of the objects of the device purchased.
This is in the words of Maliki’s jurisprudence, including al-Zarhani’s statement in a brief commentary: “… If a woman is engaged and has paid her a dowry before the contract, then she is processed, then there is no contract for their dispute, is he going back with what she bought or cash?.
The first appears to have been authorized, knowingly, or otherwise known and the second when this is no longer “.
What was decided in the Hanafi jurisprudence from the rule of the shed, according to the suitor that the betrothed to buy the device by paying the dowry, because the purchase is intended, speeding up the payment as usual, and the apparent desire of the motive to complete the marriage by preparing for it.
Paragraph (c) expressed the amount of the dowry to include whether the dowry was in cash, whether a commodity retained by the betrothed, and purchased with the value of an organ, had a choice when the suitor had to reverse the item in kind, or the organ that purchased it was reimbursed for its value.
This paragraph stated that there was no option for the hacker if it was abandoned, then they should return the dowry or a suit.
Articles 5, 6, 7
The origin of the Maliki doctrine is that from a gift to the fiancée, then married to another, he never returns anything, but the late scholars of the doctrine, they made the suitor to return to her if the objection by her, because the one who was given for him did not, if the inhibitor of it is not returned, and all that unless there is a condition or custom.
The great explanation is that the aspects are to be consulted if the abstention is on its part.
The late Shaafa’is in this matter, which was indicated by the words “El Rafeay”, that if the reply from the parents of the fiancée, he returned to them, because he only died on the basis of their marriage, and did not get his purpose, if the reply from him is not returned, and the authors of this opinion indicates the Hadith : “The money of a Muslim can only be solved with a good breath.”
They indicated that the two types of restriction were:
Seizure, is taking the money on the hand of conquest, oppression and dominance. And timidly, he took it with some kind of modesty.
Al-Ghazali said: They are haraman, because there is no difference between the coercion to take money with visible whips and the taking of internal whips.
Ibn Taymiyah chose that the gift, if it were before the contract, and he was his enemy in marriage, and did not meet, married others returned the gift. The Hanbalis stated in the same way that the contract would remain, and that they would be able to return it if they gave him something before entering and then divorced.
The tap applies their rulings in the gift of engagement gifts, so they are not refunded if they are lost or consumed, and their value cannot be returned when they are reversed.
The draft has supplemented the provisions of these gifts, choosing them from the jurisprudence of the Imams, taking into account that those who modify may be the cause of a defect or a non-decent creation in the other was not just aware of it, or the occurrence of what the ten do not last with it, or otherwise which makes Adel excused in not completing the marriage, a contract Age at which the damage lasts.
In fact, in such circumstances, it is the reason for the renunciation that it is necessary to refund or replace the gifts, and it is a priori that he does not deserve to be refunded, because he is the one who has made his behaviour between the fair and the marriage, and if there is a condition to be served, for the consent of the parties, and the custom is in his place
What is required is that it cannot be controlled or limited, because by different people an environment, culture, time, etc., it is up to the judiciary to be guided in every incident by its circumstances and conditions, and on the basis of Islamic law.
If the betrothal ends with death, or in the event of a failure to complete the marriage, such as the capture or insanity of one of the parties, there will be no refund of the gifts, the non-completion of the marriage for a reason not by the deceased, insane or captive.
The source of this is the fiqh of Imam Ahmed, Ibn Taymiyah said:
“If they agree–the suitor, the woman and her guardian–to marry without a contract, then give–a suitor–her father for that something other than a dowry, and she dies before the contract, he has no refund.”
The bottom scout came aboard a persuasion “… Because the failure to do so is not for their part, and to measure it if the suitor dies, no return to his heirs, “and in this reasoning the verdict is dismissed in the circumstances specified by the draft text.
Gifts that do not survive are considered to be not in all cases, taking into consideration the doctrine of the tap, and what they achieved “Kazytian”, and came in “Al-Ingruje” and others, because it is usually low-priced, and not custom made cold, and in the obligatory response what is not to be unfair and dignity.
Part two
The Pillars of marriage
Article 8
In the fiqh of Imam Malik:
Ibn al-Hajib and Ibn Shas, followed by Abu al-Dhiaa Khalil in his brief, said that the pillars of marriage are the Guardian, the dowry, the shop and the formula, and because the shop is a husband and wife, the aforementioned pillars are five.
Al-Hattab said: The husband and wife appear to be two pillars, because the truth of marriage is in them, and the Guardian and the formula are two conditions, for their departure from the same marriage, and the dowry and witnesses should not be counted from the pillars, nor the conditions for the existence of marriage without them, because the harmful drop the dowry and enter without witnesses.
In the answer to Ibn al-Hajib and his approval, it was said that what is meant in the corner is not the legal truth without it, and the Ibn Arafa was quoted as stating the objection to “Hattab” that the couple married and marriage a contract which is a meaning, it is not correct that they are two corners.
The ABI-Hanifa doctrine is that the marriage contract has two pillars: an offer and an acceptance, because it is the subjective element of the contract, and by their association with the intended appointment: satisfaction is achieved.
The corner in the faucet term is what the texture of the thing is, so that it is part of what it is.
The Hanbalis prepare the couple without inhibitions as a third pillar with the offer and acceptance, and they dropped it in some of their books, like the masked and the most wills, for its clarity.
The Shaafa’is said: The pillars are five: the formula, the wife, the two witnesses, the husband, and the Guardian.
In view of the very difference in the elements of marriage, the legislator considered the affirmative to be the first issue of the wife’s husband.
Acceptance is the second issue of the husband.
Article 9
The marriage is based on all the words that serve the meaning of language or custom to what Ibn Taymiyah chose, and the correct statement at the Shaafa’is, and to the jurisprudence: that the lesson in contracts for the non-words and buildings. ”
The language is intended to include Arabic and others, even if the two are able to speak Arabic.
If the contract is absent, first in one town, the offer may be by writing, or by a messenger, to the inability of the author, which is the origin of the expression, and is not accepted by the present who is capable of speaking.
If an author is incapable of pronunciation, he or she may accept his or her writing, if it is not possible to do so by his or her signal, and the impossibility is whether the positive or the Midwife is not already written or written, but is unable to write for paralysis or so.
The failure to meet with a sign of mute who is able to write is understood from the appearance of the novel at the Tap, and is chosen by a collection of their investigators, which is the prudent of the two novels, for the seriousness of marriage, and his need for full clarity in the expression of will, and write a statement and clearer from the reference and this applies to the tongue detainee to pronounce.
It is noted that article VIII has established the offer and acceptance of a marriage, and article 9 has limited the means for their expression, and the project categorically denies the possibility of marriage by abuse, as if a man paid a woman as a dowry, his fist and surrender to him without an offer and acceptance, it is only a compromise between them To cohabitation, a pure thug, and the Fuqaha ‘ were unanimous in not marrying him.
Ibn al-Qayyim said: “…. If adultery is no longer in this way, it would be easier for her and for the man. ”
Part III
Marriage contract Strips
Chapter I
The formula
Article 10
A. The original in all contracts is a contradiction except what is not accepted by its nature, such as a will. The marriage contract formula is absolute from each entry, free from addition to the future, comment on a condition, and it is clear that commenting on an object is a sham comment, the formula is completed, and the same is done in the board of the contract.
A contract that is pending on an order that is not immediately present or in the Council does not meet whether it occurs later as an investigator, a potential or an impossibility.
The fact that marriage is not being added to the future, such as: I Married you a month later means that it does not take place immediately, nor when the time added to it, because the addition to the time of future is incompatible with marriage.
The draft was in accordance with the Hanafi doctrine, and it was not advisable to introduce some books in the Hanbali doctrine authorizing the suspension and addition of marriage.
He also followed the public opinion on the invalidity of the pleasure marriage, the temporary marriage, and the saying “Exhale” from the tap with the temporary marriage and the cancellation of the timing, I consider it void, because the meaning in it and in the pleasure one, each of them marriage to the term, and the word marriages, witnesses, and the lesson in the contracts for the purposes of For vocabulary you.
B-the tacit consent is intended to be contrary to the affirmative to what is good, such as to require the husband to have a dowry of 1,000 dinars, accepting the wife for 500 dinars, or having to 500, accept a thousand, in these two pictures and like them the violation of the acceptance of the offer is fictitious, including the informed consent, The marriage shall be held in the affirmative, unless the other party is satisfied with the admission.
C, D-the original in the acceptance from the theoretical standpoint, to call the offer directly and immediately, to meet the contract, and because of the difficulty of the fact that the jurists to the contract a council considered a time unit, only the Union of this Council between the offer and acceptance, no matter how long the Council and remained uninterrupted. Therefore, the TAP’s jurists decided: “The council collects miscellaneous”, and what is at the end of the Council is considered to be the first in terms of the unity of time.
If the board breaks down with something that indicates the symptoms of the offer, or champions the offeree’s eligibility, then the acceptance is not held.
It is noticeable that the absent person in the affirmative in writing or a letter if the book is read or heard, and not in the Council witnesses, the reasonable time to seek witnesses, to recite the content of the book or the letter and accept, this is not considered conclusive to the Council of the contract, and does not miss the union of the Council.
The project stipulated in the contract between the absent by writing or arrival that the acceptance arose on the reading Board of the book, or informing the Prophet, did not take the project to the happy Shaykh al-Islam “The Thoughts of Zadeh” and the decision of “Alrahmati” that the absent who sent the affirmative in the book if he read it did not accept it in the First Council, He may then read it in another council, whenever he wishes in the presence of witnesses, which is at his home if the speech is repeated from the present in the Second Council, so that acceptance becomes no longer between the two readings, on the pretext of accepting the affirmative, the Council of the contract is the Council of each reading, this opinion is embarrassing to the offeree, the addressee For an affirmative may recite the book does not accept, and long time to dismiss the sender look, and despair of acceptance, and may marry, then, be surprised that the addressee read the book and before marriage, and does not hide in this result of problems.
In the case of a contract between absent, the legal consideration determines that if the addressee does not have a time limit for admission, a reasonable period of time has been granted since he was informed of the affirmative to accept or reject, and the board of the contract is considered to be present.
The Committee considered that this legal opinion was not incompatible with the consideration of the Board of the contract by the latter, but that it had set such a reasonable time limit of three days, certainly for the confusion of discretion, unless the sender in the affirmative set a shorter or more time limit, then follow the time limit set.
The document in determining this time limit is the rule of reclamation, because the topic is discretionary, and the Council’s determination is left to doctrinal consideration based on reasonable discretion, in accordance with the interest.
The three-day time limit was inspired by the Committee’s choice of a legitimate requirement for prudence, which was determined by many jurists three days ago, taking a modern view: “If you are a little more than a witch, I have the option of three days.”
ﻫ. Each of the two present-day convenors shall hear the other’s words, provided that they are necessary in order to achieve the meaning of the contract and the mutual consent of the will.
To understand the meaning of the phrase, not the vocabulary and phrases, it is sufficient for the author to know that the expression benefits the creation of the marriage, even if the person is taught the offer or acceptance in a language that he does not know and pronounced, knowing that the marriage was meant to be sufficient.
The Fuqaha ‘ are called a hearing requirement, and they are intended for the contract between attendees, which is why it is restricted to those present in paragraph (ﻫ).
Article 11
Consent alone is not sufficient for the validity of the marriage contract, but must be removed from the scope of secrecy, so that the relationship between the spouses is not compromised or ill-thought. Because marriage has serious consequences between the two parties, which inflict others as proof of parentage, this cannot be proved when the contract is not known, and therefore all the laws agree that it must be declared and publicized, although it differs in the methods of advertising and publicity.
The Imams: Abu Hanifa, Shafi’i, and Ahmed agreed to require the certificate of the marriage contract, and the imam did not require the owner to testify to him, only publicity and publicity, and said: The attestation at the contract delegate, and upon entering a duty, the husband’s income with his wife without testifying the dissolution of the marriage with a dowry.
The scholars unanimously agree that witnesses, adulthood, reason and Islam should be required if the spouses are Muslims.
The public required both witnesses to hear the words of the contractors and to understand what was meant, so that the purpose of the certificate was achieved, and the public did not require sight.
Abu Hanifa, Ahmed, Zeid Ben Ali and others went to the fact that justice was not considered.
Malik, Shafi’i, and Ahmed in the healthiest novels stipulated the status of masculinity.
Abu Hanifa and Abi Youssef al-Mufti said that he was correct in writing in the marriage of a Muslim in writing, which is one of the sayings of the Hanbalis.
Those who have made the attestation a condition, Omar, Ali, Ibn Abbas, al-popularly, Ibn Musayyib and Uzaa’i.
Al-Tirmidhi said: “Working on this in the knowledge of the people of the Prophet (peace and blessings of Allaah be upon him), following them from the followers, and others, they said:” No marriage except with witnesses “, they were not different from the past, except the people of the late people of Science.
This article was taken from the Abu Hanifa doctrine and approved, and in its rulings facilitated and paid to the crowd, taking into account the interests, justice and opinion of many diligent people.
The requirement of masculinity in the two witnesses was taken from the doctrine of Malik.
It is clear that the certificate in the marriage contract is originally intended to be the declaration due in this contract, not to prove that the marriage witnesses may be unfit to prove it in Sharee’ah, a Muslim marrying in writing with a written testimony, their testimony to the Muslim is not admissible.
Thus, the proof of marital order remains subject to the methods of proving it.
Chapter II
The two
Section I
Solution and Sanctity
Article 12
For a certain man, a woman may be able to marry her and may be haraam to him.
Women in this regard are divided into: analysts and taboos:
Taboos are confined to the text, and they are the analysts behind.
The first section
Life inviolability
Article 13
Life inviolability, its causes: parentage, affinity, and the subject of a person, to include men and women, so that these specific reasons, if they are achieved, stipulate that women are inviolable and men must be deprived of the woman.
The branches of the August include: sisters from any quarters, daughters of brothers, sisters as well, daughters of brothers and sisters as well as no matter how they descend.
The first class of ancestral branches include: aunts, aunts, uncles, uncles even if they are for August or mother only, and the children of this class, the children of aunts and uncles, and the children of aunts and uncles, solve each other’s marriage.
Articles 14, 15
According to the owner, the inviolability of the affinity is not proven by adultery, and this is the belief in the monarchy, the Shafi’i doctrine.
In the view of the tap, the sanctity of the affinity proves in all its images of adultery and its causes, including touching with lust, and some cases of consideration, the establishment of means and introductions as the ends in government.
Al-Shafei said when he debate in this matter to Muhammad ibn al-Hasan Sahib Abu Hanifa:
“Did you praise him, and you stoned him, so how do they suspect?”
It appears that the Hanafi jurisprudence in it is critical, and the example of Hambali, but the doctrine of Shafi’i and his approval lead to the dissolution of marriage in the branch of adultery, and in this is so horrible, so the branch is forbidden regardless of the hard work of the tap, and took the doctrine of Shafi’i and the adoption of the Malikis.
It is noted that the sponsors of adultery have not had any effect on the project, since the affinity is not obligatory, and the expression here includes both the daughter of the adulterer and the son of the adulterer.
Article 16
(a) The imams unanimously agree that: “It is haraam to breastfeeding what is haraam from the lineage”, and this is the text of the prophetic hadith, and the faucet from the whole excludes many images, which are in fact no exception, because the real link between the two parties is interrupted, but only by name.
From this photograph, the mother of the brother or sister, the sister of the son or the girl, the son or daughter, the mother of the uncle or aunt, and the mother of the uncle or the aunt…
(b) The public of the four imams agreed that it was forbidden to breastfeeding what was forbidden from affinity, since breastfeeding established a maternity and paternity link between the breastfeeding mother and the infant, which was breastfed as the one born, the mother of the wife, as her mother was a relative, and her daughter was a relative, as well as a breastfeeding August, and The wife of the August a child as a relative August wife, and the wife of the consensual coffee as the relative son’s wife.
Paragraph (b) was thus worded.
Article 17
The period in which the prohibition is required to be breastfeeding is about the time of birth of the child, so that he is not deprived of it except what was in them, this saying, Omar and Ibn Abbas, Ibn Massoud, Abu Hurra, Ibn Omar, the gold of Abu Hanifa and his companions, Malik, Shafi’i, Ahmed, and Al-Nuri,
The amount of haraam breastfeeding reached the JAWF and said, even if it was one drop at Malik, Abu Hanifa and Al-Atara, and who approved them.
The project has been modified, because it is embarrassing people with the strictest jurisprudence in the solution and sanctity, and has followed the fairest views on this subject and reformed them to work in the present time, which improves the facilitation of marriage, taking the breastfeeding of five infants, for sure in the number, the infant in each of them to leave the breast of His own without returning to him, and not taking away the snatch.
Ibn Massoud, Abdullah, Erwa ibn al-Zubair, Aisha and Al-Tender, watous, Ibn Jubayr, al-Laith, Shafi’i, Ishaq, Ibn Hazm, and a group of scholars, Zahir Ahmed doctrine, and narrated from Imam Ali, may Allah be pleased with him.
The second section
Temporary inviolability
Article 18
The absence of marriage in cases 1, 2, 3 is in the doctrine of doctrines, taking explicit texts of the Qur’an and Sunnah, and their connotations.
The apostate and apostate of Islam are to be regarded as atheists who are not religious, even if they embrace another religion.
Article 19
Marriage to the wife of the other, and his rights before the expiry of whatever the cause of the band, and like the right marriage in that of the bad marriage after entering, and the entry on suspicion, and the evidence of this prohibition is the Qur’anic text and its meaning, unanimity, and wisdom in preserving the genealogy, and not mixing it, and preventing infringement on the right of others.
Articles 20, 21
Following the project in the prohibition of combining the taboos of the doctrine of the general public, the Holy Qur’an prohibited the combination of the two sisters, and it came in the prophetic Sunnah: The woman does not tenkh on her aunt, nor on her aunt, nor on her niece, nor on her niece, if you did you cut your womb “the public measured the likes of them in a degree To kinship and its characteristics, there is no denying that a man can assemble a woman with a husband who has previously been married, because the woman of the August if a man is imposed, may marry this girl, and did some good salaf, and it is established that Abdullah bin Jaafar combining Leila bint Massoud woman Imam (Ali) and built (for Ali) of others.
“Exhale” has argued that it is enough for the plural to be one of them if it imposes a man who has not solved the other, and this expansion of the circle of Proscription is contrary to the public, and it is forbidden to combine taboos when the marriage of the first of them, it is haraam in the kit until it expires if it is several, whether the divorce is reactionary Whether or not they are reactionary by the agreement of the Imams, because the entry of the marriage only rises after the expiry of the period, and the dowry in it other than Malik, Shafi’i and Jafari, said the tap, and Hanbalis: Some provisions of the first marriage remain after the divorce until the end of the number, such as prohibition of exit and proof of parentage if a boy The feeds of marriage is not all interrupted by the dowry, but some of them remain, as long as the kit is not allowed to be collected.
The draft has chosen to do so so that the man does not marry an absolute sister, and in her judgment, until the marriage feeds between him and the former is completely interrupted, it is the most appropriate and prudent legislation.
And the proof of the prohibition of the increase on the four says Allah almighty: “Screw the women of the two, three and a quarter…”, the Sunnah of the verse, agreed upon by the four imams and the Muslim public, showed that there were four women in a valid marriage, so that a fifth could not marry until there was a band between him and one of them If she has several, whether they are all in his capacity, not a band between him and one of them, or all of them are aggressors, or some of them were in the inerrancy, some of them in several, and his apparent promise here as several reactionary to the foregoing.
Article 22
This article is worded so as to include a wife who is being segregated between her and her husband, and who completes three rounds, when the band is considered a divorce, as provided by this law.
Article 23
The project’s keenness on the existing legislation to maintain the family, thus abolishing the work of those who seek to differentiate between one and the wife, by inciting the wife to the harm of her husband, or seduce her with money or otherwise, until they reach marriage to those who fall in their trap.
The books of history and doctrine find these incidents to be considered since the first century Hijri, and that the Maliki doctrine dealt with the prohibition of the second marriage, and a copy if done, and went in this prohibition to the two: the first: To be life, and second: not to support the prohibition.
Al-Maliki said, “See what it is very much to seek a man in a wife’s band from her husband, can she marry her if he proves his quest? Some of our friends have said that it is not possible to do so, and to convey to the trusted people that Ibn Arafa “approved it right, because of corruption, and memorize the avoidance before and after construction, because the corruption in the contract”.
Abu al-Hasan al-Sagher was asked about a man who hid his wife’s man until he divorced her, so when she was interviewed by the accused, she could marry her, so can she be found in evidence or in a fascist hearing? He said: “It is forbidden and not possible.”
In a footnote to al-Kharshi’s explanation of Khalil’s brief: “Who spoiled a woman on her husband, divorced her husband, then married the spoiler after the expiry of her, not to be forbidden to him, and that does not contradict his marriage dissolved before and after construction.”
“Al-Zargani” said, “the lack of tabid is famous, and that this does not contradict what the” father “told about Ibn Arafa, because the invocation of his dissolution after a treatment with an intentional antithesis does not require the sanctity of it.
In the footnote to the Desouki on the great explanation:
“The woman who corrupts her husband until he marries her is said to be forbidden, and it is said that she does not have to be forbidden, but that his marriage is dissolved if she returns to her husband and divorces her, or dies from her, so that the spoiler may marry her, and this is the famous.”
He explained that her temporary proscription of this deceiver does not deprive her of any other, and after the dissolution, she has to marry others, and she can return to her first husband.
On the basis of the famous in the Maliki doctrine this article confirms the state’s approach to the sustainability of building a virtuous society, in which no man in his eyes can be taken to the other, knowing that the law with its clear texts does not repair the work of spoilers.
Section II
Eligibility and mandate
First Search
Eligibility for marriage and prosecution in knots
Articles 24, 25, 26, 27, 28
A diligent audience, including the four imams, that there is no requirement for puberty in marriage, it is right to marry small and small awliya, although in the cradle.
They were violated by Abdul Rahman ibn Shebmeh, Osman al-Batti and the deaf, who were given the marriage of the young and considered invalid, and their argument is:
(and plagued orphans even if they reach the marriage, if you forget them, pay them money…)
This provision indicates that the age of marriage is the mark of the end of the child, if the marriage is of a young age, since that purpose has no meaning.
They felt that there was no benefit for the young and small from this marriage, which God has made for the good of society and the happiness of its members, for mental habitation and reproduction, and none of this is achieved in the marriage of young people, and may be seriously damaging them by forcing them to a life in which the harmony between the spouses is not assured.
The revolutionary, peacock, timed, and Muammar said: “If the young couple of their parents or others died before they realized there was no inheritance between them.”
The public also does not require reason for the validity of the marriage contract, but at the Shaafa’is he does not marry a madman, nor a great psychopath except for a need such as the expectation of recovery, and in the expectation of healing two opinions, first: Certificate of Justice of Doctors, second: Certificate of Justice In Ahmed jurisprudence, August Baker said: “The father has no right to marry a sick adult” and the judge considers that he may marry him when needed, such as Shafi’i. The lunatic believes that only the ruler can marry her.
Ibn Hazm said: The insane and the great lunatic are not married to anyone, not August, nor else.
The draft noted the importance of the marriage contract in the social situation on the part of the family’s happiness or misery. The ability to have a strong offspring and care for it, and the time that the development of the Times is dictated by the great willingness to do family affairs, and that the marriage of young people is a disease: the young, the girl prevents her normal growth, and the transmission of mental illnesses prevents the building of a healthy society.
Based on the foregoing, the marriage of the age company must be properly chosen, and the right of the guardian to restrict the permissible, based on the opinion of the scholars and religion, if the permissible leads to public harm-the project required puberty and reason in the capacity of marriage, and made the judge who authorizes the marriage of insane or lunatic, of both sexes If the marriage proves to be beneficial for his recovery, he is aware of the situation of the other party and is satisfied with it, and the formal documentation of the marriage contract is prohibited or ratified only if the boy and the girl reach the specified age. It is clear that the prohibition against authentication does not contradict the validity of a marriage of a normal sex before that age, if the marriage is in accordance with the law and the percentages are established in this marriage.
The project also took into consideration that the marriage of both the coerced and the drunken, male or female is untrue, and the disadvantage of this in coercion Shafi’i, what the son of Values decided, and in a drunken marriage saying al-Laith, syphilis, Alti, and a team of Malikis, the healthiest and most famous at the front, and clarified by Ibn al-Qayyim Hate is not allowed, because orbit is the health of Will.
Articles 24, 25 and 26 were drafted in accordance with these provisions.
Articles 27 and 28 are the source of the fiqh of Malik, Abu Hanifa and Ahmed.
The second section
State in marriage
Articles 29, 30, 31, 32, 33
It is now being done that the rational August has the guardianship of marriage to his adult eldest daughter, even if she is a spinster of 60 years or more, as he is known in the fiqh of Malik, and then to marry her, without her permission and with her consent, a blind man, an ugly, less-than-right, or a quarter-dinar, even a dowry Has a hundredweight, and his right to this compulsion applies to his young daughter, a virgin or a dune, and if a Guardian chooses to marry his daughters in a forced marriage, or the husband is appointed to him, Guardian has a mandate to compel, provided that the husband makes the same dowry and is not a punk.
The TAP said: it must be considered the adult’s satisfaction, and no one has to force her to marry.
Al-Shafei said: “She has a mandate to compel the eldest of her father, and then her grandfather.”
There were numerous accounts of Ahmed, including those approved by the owner, including those agreed August.
At Nile el-Outar:
“The appearance of the door talks that the eldest Virgin if she married without her permission did not correct the contract, and the mechanisms of the Al-Ozai, revolutionary, al-Atara and Tap, and narrated by Al-Tirmidhi about the most scholars, Malek, Shafi’i, Lithi, Adnan and Abu Laila, and Ahmed, and Isaac that the father may marry her without permission The conversations of the door. ”
There is no doubt that the faucet and its consent are likely to prevail over their evidence and strength.
And the public that the sane adult can not marry only Polly, and does not have to marry herself.
One of them, Abu Hanifa, Exhale, and Abu Yusuf, in the face of the novel, went on to hold her marriage on her own, a virgin or a dune, without a father, and to carry out her marriage, and if the husband was a efficient and dowry, Muhammad ibn al-Hasan said that if she married herself and her parents, her marriage depended on his leave, Led her with his will, and shared it, and he went on to the fact that Awliya are the only clique, not others have a mandate, but they are after them to the ruler.
Abu Thor felt that if she proceeded with the contract after the consent of the wali, the contract was correct.
Ibn al-Qayyim says: “The eldest, rational and wise, her father does not behave in the least of her property except with her consent, and does not force her to take away from him without her permission, so how can she get herself out without her consent?
It was felt that the period between normal puberty and the attainment of the twenty-fifth year was a critical stage for girls, where their souls were not ripe for distraction and risk-resisting, and did not extend their gaze to the distant future, and the release of freedom in this period, by applying the most correct in the Hanafi jurisprudence or forcing them to marry those of their choice The Wali, as stated in Malik’s doctrine, was the result of many tragedies, in order to ward off all of this, and to establish a family on a wise basis, the project chose that girl marriage between normal and twenty-five years requires a meeting of her opinion and opinion of the Wali. The Guardians of the marriage are the league in the same order of inheritance, followed by the judge in Imam Muhammad’s opinion and approval. This state is confined to the girl at this time, and to the madman and the lunatic, male or female, without others, and decided to the wali to start the marriage contract of his daughter, who completed the twenty-fifth after taking her opinion, observing the tradition, and to preserve the status of the Wali, and all the matter in the case of muscle to the judge, to order By marrying, as provided by the Malikis and Shaafa’is, from the transfer of the State to the judge and not to the furthest wali.
The guardian of a girl who is not forbidden to marry himself from his mawla with her consent, because she is acting in an exclusive right. And it’s the same.
The marriage of the fools is valid even if it is quarantined, because the stone is in the financial acts.
Marriage is a personal act and not a stone, marriage is permissible, and the dowry does not prove more than a dowry, if the husband is a person, and the wife proves the dowry if she is a man.
The source of articles 32 and 33 is the Hanafi jurisprudence.
Section III
Efficiency
Rule 34
Competence in marriage means that the husband is not without the wife to be acquainted with her and her parents, but is considered at the time of the contract, if it is realized that its demise does not affect it after it, because it is considered in the event of extreme embarrassment, especially after entry, childbirth, the length of ten, the time of the assignee, and the embarrassment paid legitimately, There is no shame in changing the situation.
It is a right of both one and the Guardian, each of whom may request the avoidance of the contract when it is lost, and if one of them drops his right, this does not affect the other’s right.
Rule 35
The scholars differed in determining the element of efficiency, including what is contrary to the standards of this age, and the fact that religion alone, as the right of women and their guardian, is the fiqh of the owner now followed, transferred from Omar, Ibn Massoud, Ibn Cyrine, Omar bin Abdulaziz and Hammad. Bukhari has triumphed in his true. It is evidenced by the saying of the Almighty: (To honor you by God. And the prophetic hadith: “If you are engaged to those who accept his religion and his creation, then marry him, do not be strife in the land and wide corruption.”
The Committee was of the opinion that the element of religion should be declared, so that it would be clearly efficient, and that it would suffice to show justice, so that no chaste woman would marry a playboy, dealing with good morals, especially what the nation needed in its political, social and economic life.
Rule 36
The age-old disparity between the spouses has been a matter of long and recent censure, as it is not done by a conjugal life together, and is often intended to satisfy the desire of the wife’s parents to take advantage of the husband’s or his father’s money, and this has not escaped the eyes of our poor, and the Royani saw that the sheikh is not efficient The “Royani” statement is weak, but should be taken into account.
Hanbalis scholars cautioned against this marriage, because perhaps the girl should not be pregnant.
The tap advised the father not to marry his young daughter old.
In some Arab countries, personal status laws have determined the extent of inequality, while setting limits at all stages of life is problematic, and the complaint in the case of years of marriage and drink is dictated by their parents.
The Project Committee considered treating this as a right of age for the wife alone, the sole opinion in it, as enshrined in Maliki’s jurisprudence on the right of option if she wants to marry a man with a defect that the marriage must be dissolved: this is what the personal Status code of the Kingdom of Morocco in chapter 15 of the Honorable Dahir issued on 28 of Spring II 1377 ﻫ. Thus, the age difference between spouses will be only with the consent of the wives themselves, and every human being is visionary.
Rule 37
The scholars did not collect the qualification requirement, including those who do not consider the competence in marriage, such as Abi-Hasan al-Karkhi, Abi Bakr Jassas, and those who follow them from the elders of Iraq, and narrated from Abu Hanifa himself in what the owner of the perplexed and the owner of the jewelry, and care for the stability of the family decides that the Guardian in efficiency is Then the grandfather, then the brother, then the August, then the brotherly uncle, and then to August only, because these are the ones who are affected in our society by incompetence, and for those who are not guardians, the project is taken in the opinion of those who do not consider the competence in marriage.
The right to seek avoidance of incompetence is intended to protect the reputation of the family and not to protect the financial rights of women. This right is established for the above-mentioned guardians, even if the woman exceeds the age of 25.
Rule 38
This article sets out the ruling on the manipulation of efficiency, so if the man claims it then turns out that it was not a list at the time of the contract, both the woman and her guardian have the right to ask for annulment of the contract which is necessary and to lose satisfaction.
Rule 39
If the wife gets pregnant in the dissolution of marriage for lack of efficiency harm goes beyond the newborn, and if a year has elapsed since the knowledge of marriage increased the right of efficiency weaker, and who satisfied he lost his right, and the fallen does not return, and therefore, and according to the opinion of the Navin to consider the competence to decide to fall the right to request annulment Family resolution.
The tap advised the father not to marry his young daughter old.
In some Arab countries, personal status laws have determined the extent of inequality, while setting limits at all stages of life is problematic, and the complaint in cases of marriage between the elderly and young people is dictated by their parents.
Section IV
Contract coupling with condition
Articles 40, 41, 42
In this era, the need for the people to enter into marriage has increased, as every person wants to establish his or her own life, the area of individual freedom has widened, and there have been many incidents in which men abuse their wives so as to motivate them to think that women protect themselves and their interests under conditions stipulated in the contract.
The importance of these conditions arises from the fact that the marriage contract often gives rise to conversations between the spouses, or their representatives of family and friends, which contain covenants, promises without which one of them would marry, then the covenants will not be fulfilled and promises are broken, and the ten are worse.
The conditions-in general-are hated by the owner of God’s mercy, and he has stated that he forbade people to marry by the terms, wrote a book, shouted it in the markets, and gilded jurists that the conditions are three sections.
I. What is required by the contract even if it is not mentioned, such as: Good ten, alimony to the wife, oath to her, and non-altruism, this is permissible and his existence or not, because the wisdom of the supplies of the contract is proven by the condition and without it.
II. What is always contrary to the contract and its consequential provisions, such as a husband’s requirement not to spend on her, or not to be divided with her own, or to give her son, or a condition that there is no inheritance between them, or the choice for one, the other or the other, this type may not be required, and the marriage must be dissolved before entering And beyond.
It was said: dissolved before entering, and proved by entering and dropping by the condition, and this is the famous. In the opinion of Malik, if the requirement was dropped, the contract was terminated and the contract avoided.
III. What is not required by the contract and is not incompatible with it, and the wife has a valid purpose, such as: not to marry her, or not to take her out of her home or country, and he does not avoid the contract before or after entry, and does not need to be fulfilled, and is hated for the warning, and the tap prolonged the words in the conditions It appears from their decision that the requirement of one spouse to enter into marriage has no effect, but the conditions of the contract are at least considered corrupt if the meaning of corruption is understood as the non-requirement and fulfilment of the condition.
The Shaafa’is, according to the mother, and the Muslim explanation of the nuclear, consider that the conditions of the prize are those that are the requirements and purposes of the contract, such as the ten known, and not to fail some of the rights of the wife. Conditions that are not required by the contract and are not in accordance with its rules are void and the contract is valid, such as: to leave the house whenever it wants, or not to marry or not to travel from her country.
Ahmed ibn Hanbal scholars divided the conditions into three:
First: What is invalidated by marriage, including: Altakit, Cucumber, and Shgar, each of which has words and faces.
The second is that the condition is invalidated and the marriage is valid, such as: non-dowry, alimony or oath, or to be divided more or less, taking into account the controversy, Ahmed that this condition is corrupt without the contract. Both the requirement and the contract were said to be corrupt. Ibn Taymiyah chose the validity of the condition and the contract. Those who corrected the contract without the condition argued that a missed term of the condition had the right to terminate the contract free of charge if he was unaware of the corruption of the condition at the contract, if he was not ignorant of his corruption at the contract, he was not dissolved. Those who said that the condition and the contract were correct made ALMSHTRT the right to dissolve if he did not have police. The Hanbalis spoke of the requirement of descriptions, such as the husband being a doctor, or the wife, who said: “If the husband requires safety, or the beauty condition of pant, or a young woman in a cron, or a virgin, he will be dissolved.”
The owners of Ahmed said: if they were required to be in a different capacity, they had no choice but to be free, in the condition of parentage, two sides, and in the re-argument required by Ahmed doctrine and rules that there was no difference between its requirement and its requirement, but to prove the option if it was too late, because it could not paradoxically divorce; Annulment, with the ability to depart by others, will not be allowed to break with the inability of the first… If you require a beautiful young man to be a deformed old man, blind, deaf, dumb, how is it obligatory and prevented from dissolution, this is a very simple omission, contradiction and distance from the measurement and the rules of Sharee’ah. This was chosen by Ibn Taymiyah, and he was taken away from Judge Abe, and others.
Third: What needs to be fulfilled as a condition of a certain criticism of her dowry, or an increase in her dowry on a dowry like her, and towards it of a valid purpose, if the husband does not fulfill the dissolution and it is necessary for the husband has no change without her.
The front says: If a condition in the contract is forbidden the champion of the condition without the contract, and if required not to get out of her country necessary condition. They may require that they not marry and the husband commits to do so. The agency may require a divorce itself when it has committed certain things from long travel, a crime of imprisonment or otherwise to be its agent for divorce itself, and it may not isolate it, if divorced itself is divorced. If its condition is tomorrow it will appear as if it was dissolved under the condition, Ibn Idris said: No dissolution, but its dowry decreases in proportion to the dowry of the eldest and the Dune.
The author of the Fiqh of Imam Jaafar al-Sadiq says that one of the spouses, who was a virgin, or who is religious and intolerant of his religion, is correct and requires the contract to be fulfilled, and the option of annulment is established with his retardation.
It has been observed that in the provisions in force there is an expansion in other doctrines that are more widely accepted by the parties to the marriage contract, within the rules of public interest, and not contrary to the origin or derives from of the contract, nor is it prohibited in the prevailing doctrines, and the draft provisions of the terms to facilitate life Quiet doubles, divided into three types:
First: What is contrary to the origin of the contract, if the champion of the contract, such as: to marry her to a period of information or unknown, or to divorce her at a known or unknown time, or on condition not to harm her, or if her mother consented, or if the person agrees, such as marriage, that is to marry two men each other close, The dowry of each of the two wives is the marriage of the other, and the condition of the Shamgar usually falls between the two men of the Badia, considering that the two women cannot depart from the will of their parents who want to marry, and the marriage is held on the basis of the consent of the two defeated women, which is a relic of ignorance, The imam’s public is invalidated, because of the injustice of women by eating their rights. Malik said in Frank Al-Shamgar that the wisdom of annulment is absolute, if the children were born, and nothing for the woman before entering, and have a good friendship. And the prophetic hadith in it is haram. Al-Nawawi said: They agreed that other than the daughters of the sisters and the Daughters of the brothers and others like the girls in that…
Second: What is not contrary to the origin of the contract, but contrary to derives from or haraam, the condition is invalidated, and the contract is correct, such as: one of them requires the option of marriage or a period of unknown, or the other is required not to inherit, or the wife requires to live where her father or other Required is not to be spent on them, these are invalid conditions contrary to the contract, and include the termination of rights that prevail in the contract, and the contract is valid because these conditions belong to an excessive meaning in the contract that does not contradict its origin.
One example is haraam: The condition that the August not have jurisdiction over his children, that their lineage is not established, that they are dependent on the religion of their mother in writing, that they do not have a mahram or that they drink haraam drinks, or that they continue to work illegally, such as acquiring dance.
Third: What is not contrary to the origin of the contract and not the derives from and not haraam, and this must be fulfilled and the owner of the right of annulment if he violates the conditional on him, such as: The wife requires not to marry her, or not to move from her home or country, or to reside with her son of another, or to spend the husband on this newborn : Practicing lawful works, completing the study, and so on every condition in which it is beneficial, and does not prevent the intention of marriage.
Article 41, paragraph (d), decided to settle the husband and wife in the loss of the status of the contract, i.e., a woman, such as a young wife and a doctor, as required by the doctrine and rules of Ahmed, and decided by Judge Abu-Mahmoud, chosen by Ibn Taymiyah and weighted by Ibn al-Qayyim.
And certainly the disputes and lies in claiming some of these conditions and proving them article 41 stated that the requirement must be registered in the marriage document, and that in the doctrine of Ahmed that there was no consideration of a condition if the contract was held free of each condition, then one of the spouses on the other after the contract had nothing of it and the other satisfied , but must be held from the outset on the basis of the intended condition.
Article 42 was drafted in accordance with the provisions of the above-mentioned doctrine.
It has been made clear that the source of this section in the sentence, is Ahmed doctrine, and is due to the fact that Allah Almighty ordered the fulfillment of all contracts and covenants, and to the correct and explicit year in which the conditions must be met in marriage, and that it is the most deserving of the conditions to meet at all and to spend a lifetime, with the condition of her husband According to the police on himself. Omar told him why he discussed it: “Passages of rights when conditions, and you have not stipulated.”
The Commission has taken into account the realization of the interest and the social and temporal evolution.
Part IV
Types and provisions of marriage
Chapter I
Species
Articles 43, 44, 45
Chapter II
Judgements
Articles 46, 47, 48, 49, 50, 51
The project chose to divide the marriage, in terms of health and not, into a valid marriage and an invalid marriage.
The right marriage was then divided into: effective, ineffective, making the force necessary and unnecessary, and identifying the notions of access, necessity, Weadmhma, and their effects.
The improper marriage falls under the wrong, the rotten.
It is known that the corrupt theory of origin, which is between health and invalidity, and in its scope is lengthy, and a team of tap jurists wanted to use the word “corruption” in distinguishing between the types of marriage not held until the provisions are controlled by jargon, although there are differences between the corrupted marriage contract, and the corrupt Financial transactions, Kamal Ibn al-Hammam goes on to explain the opening of the Almighty to the fact that there is no difference between the nullity of the marriage and the corrupt. This is problematic if we follow the images of improper marriage, such as: Muslim marriage to non-Muslim, and it is agreed that there is no sign of it. For example, a contract entered into by a person who is incompetent, such as a madman, is not in place. However, if we seek in doctrine an officer who distinguishes between false and corrupt marriage contracts, it will not be clear Muslim, this has led to the difference in application, and to strange results, and some of the legislation came out of this disorder by restricting the nullity in one case the marriage of Muslim non-Muslim, The result is not palatable, namely, that the marriage of a man to one of his mahrams, no matter how close she is, and her sanctity is clear, as a mother, daughter or sister, is considered corrupt and not void, although it is a crime of the most heinous religion, a mind and a law of adultery with a foreigner, despite the image of the contract.
In order to remedy this situation, the project has declared all what constitutes a valid marriage and its provisions, and then stated that it was not correct to be considered corrupt and cited the provisions of the corrupt contract.
He followed the doctrine of the public, and the Friends of Abi Hanifa in the marriage of incest in the case of knowledge of sanctity, and the eye of Haraam, and did not consider it corrupt, avoiding what appears to be a bad human nature and the logic of legislation.
It is clear that knowledge of sanctity is achieved by knowing the rule of law, the reality together, and that science is a requirement for both spouses.
The inviolability of the affinity received as a part of the effects of real entry into a corrupt marriage has been mentioned, since it is a requirements for proof of parentage, not in excess of the first three effects that have been decided by the Fuqaha ‘.
Part 5
Effects of marriage
Chapter I
Pony
Articles 52, 53, 54
The Fuqaha ‘ differed in determining a minimum dowry, so the tap went on to be ten dirhams of silver or equivalent.
Malikis said: It is a quarter of a dinar of gold or three dirhams of silver, or what it is worth, and they have quoted traces of this limitation.
Many companions, followers, and Mujtahids said that there is no limit to the least dowry, including: Omar, Ibn Abbas, Abu Saeed al-Narri, Jaber bin Abdullah, Hassan al-Basri, Saeed bin Musayyib, Laith, Ozai, Shafi’i, Ahmed, and Ahl al-Zahir, for the Almighty saying:
“I would like to ask you to keep your money safe and secure, and to say peace and blessings, seek even an iron ring.
This shows a clear indication that the dowry is true with all the so-called money, even if it is a little bit, so it was suggested that no minimum amount of dowry should be specified, according to the strong evidence.
The Fuqaha ‘ also agreed that the dowry has no limit. And their guide to unanimity, based on the saying: “You have come from a Quintin” any money much.
The dowry is not required to be gold or silver, but all that is to be a dowry, money, work, or benefit provided by the husband, which makes money, and does not contradict the strength of the marriage.
The administration of the wife’s business, the supervision and education of her property, and so on, may be a dowry.
This is evidenced by the hadeeth of Sahl ibn Saad al-Saadi, who says that the Prophet (pbuh) is a husband of a woman with his Qur’an.
A dowry may not be any benefit that is not met with money, as if a man marries a woman and her dowry is not to marry her. or divorce his ex-wife, nor may he be a dowry to serve his wife, because of the humiliation of the husband, and his contempt for his wife.
Rule 55
A dowry must be a valid label, but if it is not called or denied, or the name is incorrect, if it is not money that is not in Islam, or the name is unknown ignorance obscene, the same must be said.
The dowry is a dowry like a woman from her father’s family, such as her sister or her aunt, similar to the time of the contract, age, beauty, money and religion, science, mind, virginity or thiba, and any of the qualities that the dowry differs in the exchange of people.
If there is no similarity between her father’s family, as described in the descriptions, dowry is regarded as a dowry by a woman who is similar to her father’s family.
The source of this article is the tap Doctrine.
Articles 56, 57
It is not necessary to speed up the dowry before entering, it is all, or deferred all, or to be in some cases, or deferred some until after entry, or to the nearest time: Baynunah or death, or for a term agreed by the spouses, and may be paid in instalments in a period of information, although not agreement on any of it- This was done in the country where the contract was established, which is known as conditional conditionality.
If there is no tradition of postponing some of it, the whole dowry must be made immediately upon contract.
This, and the release of the postponement in the dowry goes on until the Baynunah or death, and so he said, the elite, the folk, and Laith Ben Saad, and the text of one, and selected by the elders of the Hanbali doctrine, Judge Abu-Sa’ada and Ibn Taymiyah.
Rule 58
The husband May, after the contract, increase in the dowry to his wife as he pleases, provided that the amount of the increase, the marriage is a real list or a judgment, and the wife’s acceptance of the increase in the Council, and a wife may place her husband at will, without any difference between if a debt is constant, which should not be appointed as money, and whether Such objects as the designated house were not substantiated, because the intent and intentions, subject to the consent of both parties, and their full eligibility, satisfied the conditions for the disposition of their property.
The increase or decrease of the principal of the contract, and takes its wisdom, the wife may demand the husband for this increase, as you claim the original, and make sure that it is obligatory with the origin of the dowry to enter, and divorce before entering as the origin.
This was made by Imam Ahmed, a view of the Malikis, and by Abe Yusuf’s first saying of the tap.
Rule 59
If a woman is a good virgin, she has a mandate to seize her dowry, because after the end of the decade the dowry is the exclusive right of the woman, and no one else will receive her dowry except with her permission, and from the tacit permission to receive the August, then the grandfather of the eldest dowry up to the age of 25, unless she finishes it, and this is what The August or grandfather about the capture of the dowry had no grip, because the explicit prohibition is stronger than the ear is a sign.
The dune must be explicitly authorized by the Guardian to seize the dowry.
The source of this faucet material.
Rule 60
The second part was mentioned in the footnote to the Desouki on the great commentary.
“If there was a conflict in the seizure of the dowry, the construction was said to be said (entry), after which it was said that it was sworn in” unless there was evidence or a contrary custom “.
According to this jurisprudence, al-Maliki has drafted the article.
Rule 61
If a man enters his woman with real incomes, the whole dowry is confirmed: “What you enjoyed from them has been paid for by them, and because the marriage has been fulfilled, and this is by the agreement of the jurists, including the Malikis.
Al-Dardir said in the great commentary: “All the legitimate dowry named or the same is decided in the authorisation of the adult, and… Because it has fulfilled its commodity… They all deserved it. ”
The scholars disagreed that the whole dowry should be in the right seclusion, and Abu Hanifa, Ahmed that she affirms the obligation of the whole dowry, to say: “And how to take it, some of you have led to each other and have taken a thick charter.” What is meant by being alone or not entering, and this is saying fur. Ibn Qudaamah said: “This is true.” Al-Tahawy told the companions of the Prophet’s consensus.
“The caliphs ruled that the one who closed the door, or loosened the bride, had the dowry, and he had to eat,” he said.
As for the Shaafa’is, they saw that the dowry should not all be alone, and this is narrated from Ibn Abbas, Peacock, folk, Makali, and Abi Thor.
According to the Malikis, if the wife is pitched to her husband and has a full year with him, the whole dowry is confirmed, because the long stay with him is based on an anus, when the husband is adult, and the wife applies the anus.
And being alone has two types, a building alone, and a visit, so if the asphalt to her husband and took it after the wedding was a constructive retreat, believe in a suit to the right, as the wedding is a testament to her.
In the visiting retreat, which is before the wedding, they govern the appearance of the event.
If the husband is the visitor, he believes in the non-swearing-in suit, although the wife is the visitor and she has been certified in her right-wing suit.
The Malikis do not rely on short-term seclusion, but rely on the accompanying anus, relying on the evidence supporting the case and judging the dowry, once the evidence has been confirmed.
Taking into account what is closest to justice, and on the basis of what the tap has gone and who agreed to it, and given the strength of the evidence they relied on, the project has tended to ensure that the dowry is all confirmed by the proper seclusion.
The TAP agreed that the death of one of the spouses entails the whole dowry, because death was not entrusted to the debt, and death was interrupted by the possibility of falling dowry.
Rule 62
Al-Desouky from Malikis said:
“The consideration of the murder of a woman remains her husband: he is treated in the opposite of her intention and her friendship is incomplete, or is incomplete, and apparently does not complement her, to accuse her, lest it be a pretext to kill the women of their husbands.”
In keeping with justice, and in the interest of not extorting money for wealthy husbands, and based on the principle of sharia policy, reform is the fall of the whole dowry if the wife kills her husband in an anti-inheritance way, before entering it, because she missed her husband’s right to her, so she loses her right to the dowry, as well as recovers his grasp of it The case, but if the killing after entry is not worth anything from the rest.
Rule 63
A, B-half of the dowry for the wife to divorce before entering or proper seclusion if the dowry is named correct in a valid contract. If the wife received more than half of her dowry, her husband would return to her more.
(c) If the woman gave her dowry to her husband or more, then divorced her before entering, or the proper retreat, she would not be able to return anything unless the donation was less than half, he returned with the rest of the half, because it is usual that a woman blows this gift in the hope of continuing marital life, and if she knew that he would divorce her Her dowry said or more.
There is no difference in this provision between the dowry gift to the husband after or before the arrest, when the husband reached the half of the dowry, or a gift from the wife fell, and then divorced before entering or the proper seclusion he had no right to recover something from her. The source of this article is the Maliki doctrine.
Rule 64
The pleasure is the money paid by the husband to the divorced man other than the dowry, to be good for herself, and to compensate for the pain of separation, and no difference between the money or the clothes and considered to be according to the condition of the husband left or insolvency, this is the saying of the Malikis, and the Hanbalis, for saying: “and enjoy the enlarged capacity The broom’s ability is really known to the benefactors. ”
The Shaafa’is and the Hanbalis stated that they should entrust their appreciation to the judge, for the absence of a text of appreciation that needed to be diligent, because it differed according to the circumstances, the judge should be consulted, but the pleasure should not exceed half the same dowry.
Rule 65
The whole dowry falls or pleasure if the band gets because of the wife before entering a fact or a verdict, as if Islam was abandoned if the husband and not written, because it caused the band, knowing that there is no confirmation of the dowry, it is considered to be abandoned, as well as dissolution of marriage because of the incompetence of the husband, because this group is considered for its part
Rule 66
If a man marries his death with more than a dowry, the provision of the will was governed by one third of the money, if only one third of the increase was carried out by one third, unless the heirs leave.
Articles 67, 71
In order to prevent any appearance in the name or amount of the dowry, and for the conflict in the dowry of secret and publicity, the project tended to consider the dowry named in the official marriage document exclusively, unless it was established by the legally prescribed methods, taking into account the consistency of the legislation, and taking from the apparent words of Imam Ahmed, a statement Al-Shaabi, Abu Dummah, Ibn Abi Leila, Ibn Sheshmeh, and Ozai, famous for Shafi’i.
If the document is devoid of the dowry statement, apply as follows:
If the couple disagrees with the origin of the dowry after there is all confirmation of real entry or judgment, the band obtained or did not obtain, the evidence of the alleged, and the right to the one who denied, the plaintiff set up the name he claimed, and if the inability to turn right to Vice, NCL a verdict by name, and if he swore to the dowry such as, but not more than what the wife claimed to be satisfied with her name, and does not detract from the husband’s claim, for his satisfaction with the name he alleged.
As well as the judgment when the difference between one of the spouses and the heirs of the other.
In the event of disagreement between their heirs, he shall be named if the name is fixed and the dowry is the same if it is not proved, according to the authors: Abi Youssef and Mohamed, subject to the requirement of whether the difference between the spouses.

If the husband disagrees with the amount of the dowry, by claiming that the wife is a thousand dinars, and the husband claims that he is 500 dinars, he sees Abu Youssef from the tap, that the difference is on the wife, and the right on the husband.
If the wife has established her case, and if she fails to take the husband’s oath, she will be sentenced to her claim, and that the swearing of the husband is a verdict of his claims, unless he is less than a dowry like her, ruling on the dowry, but not more than what his wife claims and this applies when the husband and the heirs of the other are different The source of articles 68, 69 is the doctrine of tap and Hanbalis, both of which are clear.
Chapter II
Device and House baggage
Rule 72
The faucet considers that the preparation of the House on the husband, for the maintenance of all kinds of restaurant, clothing and housing, including the preparation of the House, and the dowry is not a substitute for the device, but is a pure property of the wife without any reward, not the device really on the woman, and there is no evidence that the organ is duty on her father, Force them to do so, if you bring the device they donate it, and the husband does not use it for himself or to Adiav without her permission.
The Malikis argued that the dowry is not the exclusive right of women, and therefore they may not spend on themselves, nor do they have to spend on it, although the needy must spend it, have little to do with the known, and take away the little religion, such as the dinar if the dowry is too much.
She has nothing to do with it, because she has to get married to her husband, known for his grasp of the dowry before entering if he is at once, or what she is arresting him if he is postponed, and the term is resolved before entering it, if the delay of the receipt of a dowry until the husband entered her, she should not have been able to catch anything It was conditional on a condition, or it was known.
The husband may avail herself of her organ and may not act in it until after the spouse has been in use, and the year is said to be few. Ibn Rushd stated that she had to act after four years.
The article is based on the Hanafi jurisprudence that the wife is not obliged to do anything from the matrimonial home, and that according to the belief of Malik in the use of the husband’s body, without restriction of time, in accordance with the knowledge of the people, the sustainability of the ten, but without prejudice to the ownership of the objects of her device or the right to dispose of it To harm them from these limitations.
Rule 73
The baggage is intended for all that the couple or one of them attends after entering, which needs to be used in the marital home.
The article went on as stated in the Fiqh of Imam Malik, who is working, and he says in the Woodsman: “… All what is known as men is spent by the man with his right, as well as what is known to men and women to be served to the man with his right, because the house is the man’s house, what is known to women to be spent by the woman with her right, and the legacy of each of them, what is known to men, spent for the heirs of the man To the heirs of the man with their right, and what is known to women is spent by the heirs of the woman with their right… “.
Chapter III
Alimony of the wife
Section I
Its general provisions
Rule 74
The reason for the wife’s alimony on the husband is the marriage contract, which, together with the judge, the soldier and other retained for the benefit of others, made it limited to the right contract, which, in the correct decade retained the husband’s right, and the dignity of the family, must have been its expense in the family’s restitution money from the time of the contract Or she was at her father’s house or her own house, provided she was willing to obey him, and was prepared since the contract only if requested and she refrained unduly, and that is the intention of extradition, and not be considered a child, and it is justified not to perform urgently her dowry, as well as the failure to prepare the dwelling as described in section II of this chapter, Then it is a legitimate right, and it does not affect its entitlement to alimony.
As the reason for the alimony of the wives was that they were confined to their husbands, they had to alimony without a difference between the rich and the poor, for their leveling on the grounds of entitlement, the wife had not to spend on herself of her money, however affluent.
Rule 75
God says that wives must be saved.
“The child must have a living and be clothed with a favour.”
The livelihood of the human being is the money that resides and fills the needs of his life, the three basic necessities of life: Food for construction, cladding for external protection, and shelter for rest and accommodation, followed by these three other elements, such as medicine and service.
The general public does not oblige the husband to treat his sick wife, so they do not have to pay for the medicines, the doctor’s wages, or any kind of medication, because all of this means repairing her body.
They add that medicine results in suspicion, and does not oblige the person in particular, how do you make it for others?
If it has a face in the distant past, and medicine is primitive, its consequences are questionable, it is not right to be said in our present age, in which the benefit of medicine is certain or close to certainty, and the medication in it is necessary at the place of food and clothing, and from its parents fallen from the eyes of the people.
The adage about the prophet of mercy, he has to pray and peace, he heals from his illness and wounds, and ordered his parents and companions, as he ordered Saad to go to the doctor, and sent a doctor to Abe bin heel. He said: “… For every medicine, they healed, “he protested and gave a good August the fare of cupping.
Zaidi’s doctrine is that the price of medicine, and the doctor’s fee, is paid for by the wife, because they are meant for life, which is what the front memorized.
El Shafei decided to take the medicine and the doctor’s fee to the father, the child and the boy. It is known in the fiqh of Malik that the husband has to pay for childbirth, and the woman is strengthened at birth.
The marriage is one of the pillars of Mercy, in which the wife is caring for the husband, she is sick, nothing less than to reply to her some known by what she said on the days of her health, and all the punishment of charity except charity.
In order to do so, it was taken that the wife’s alimony, depending on the husband’s condition, and within his capacity, did not leave it to his discretion and choice.
Rule 76
Malik went on to say that the alimony was capable of the husband, the wife’s condition, and Ahmed also looked at the situation of the couple, namely the lack of a tap. While al-Shafi’i, Abu al-Hasan al-Karkhi and many of the elders of the tap went on to think that the wife’s alimony was valued only as the husband’s case, whatever the wife’s situation, and that is closest to justice, and the Holy book agrees:
“Stay where you live… To spend a capacity of his own capacity, and the amount of his livelihood, to spend what God has done, does not cost God a breath except what she has… ”
When she married herself to spend on her what he could, she should not take from him more than he could, it was in the interest of followers of the Shafi’i doctrine, and the novel about Abu Hanifa as stipulated by Muhammad, and said the Karkhi and who with him, and came in the masterpiece, and the good, but it is required that the alimony imposed be sufficient For the necessary amount that fills the minimum sufficiency of a woman, whatever the condition of her husband.
Rule 77
If the condition of the husband that has been taken as a basis for estimating alimony has changed, or prices have changed significantly in the adequacy of the imposed increase or decrease, those whose right of the couple is affected by this change may request a modification of the alimony, the valuation document is the condition of the husband, and the country prices, what is built on them must be altered by their change Instead, the husband may ask for a reduction if his condition worsens, or the price increases, or the prices are cheaper, and the wife may ask for an increase in the reversal of these conditions.
By way of malicious proceedings, and by confusing the courts with cases of comparable duration, which were aimed at easy differences, the Committee considered that the minimum period of one year should not be amended, during which time it was not possible to modify the sentence, which was reasonable and often had little change. If exceptional circumstances arise, such as inheritance or bankruptcy, the amendment may be requested even if This time.
Taking care of the fairest, unifying the work of the courts provided that the amendment was increased or decreased, only from the day of judgement in the case.
Rule 78
(a) The doctrine of Malik, Shafi’i, and Ahmed that the alimony of the wife is a strong religion which proves in the husband’s hands when he is not spending, when he is obliged, and if the alimony is not approved or satisfied between the spouses, because she had the right to legislate for the contract, it is not a link, it is a debt as a pain Her.
The jurisprudence of these imams and granites of marital rights, and therefore the work is done, is worded on the basis of this paragraph.
B. Since the release of the frozen alimony claim for a prior period is likely to be claimed for many years, the husband is exhausted, and his wealth and capital may be depleted, it was considered fair to compel the wife to apply for her right first, so that no more than two years prior to the filing of the proceedings would be delayed by preventing the hearing of Proceedings, unless the alimony was previously imposed by mutual consent, and there is no harm in this provision to the wife, since she can claim her right before the years, but it is often that the wife will not be silent about requesting her alimony over the years unless she receives her from the husband, and her claim for not spending a long time is often false. The appropriate duration was considered to be two years.
C. It also considered that forgery and false claims should require that, when a mutual consent is claimed, it can only be established by writing if the husband is not based.
Rule 79
The temporary benefit during the consideration of the alimony claim was introduced by the project, in order to pay for the embarrassment of the wife, because of her need to spend on herself and to limit the prolongation of the litigation which is incompatible with the nature of the alimony claims.
This provision is prima facie not in need of a statement, the kindness of wives, and no harm to husbands.
Articles 80, 81
The set-off provisions were followed by the jurisprudence of the Malikis, which is also the Hanbalis doctrine.
It is noticeable that the debt of alimony is a strong religion, that the husband may ask for a set-off and the wife is insolvent and needy to her expense, so his answer is detrimental to her, while the religious spending must be enough, and Allah Almighty ordered the attention of the insolvent.
Articles 82, 83
These provisions are due to the doctrines of imams, Abi Hanifa, Malik, and Ahmed they are carried out on the priority of the wife’s alimony in execution, and the alimony of the wife who has surrendered herself, and is considered a valid religion is not extinguished except by performance or exoneration, and does not depend on consent or justice, and that once the bail is done, the wife can Elephant or husband, and to claim them together, the guarantor may return to the husband if the bail is by his order, and take bail in the death sickness of the probate, because it is a donation. The Hanbalis stated that it is right to guarantee what is not to be done at the most, such as: “What was given to the person is as shown by the Qur’an in the words of Muezzin Yusuf”.
And to those who came to carry camel and I am a leader
They said that the interest required it, and that it might be needed or necessary. At the tap, bail is correct, which has been confirmed by the debtor after the bond contract. It is to be said that it does not lapse with the death of the guarantor, principal or sponsor.
Section II
Rulings on lodging and obedience
Articles 84, 85
The dwelling of Proverbs takes into account the custom, the temporal evolution, the condition of the husband, the difference of place between the village and the city, and even between his locality and the other one city. –
In many of the molecules that they have requested in the legal home, they have a breakdown of the needs for use and consumption according to their age, including: Barada or allied mats, or summer under bedding or bedding, and a bed that you usually need to prevent scorpions and so on, firewood for cooking, bread and oil for eating and adhan. It follows from the description of our former poor that they intend to have a dwelling that includes basic necessities of life, adequate facilities, not be a lonely hiding place, and not to combine them with their pain without their consent. The partial details are subject to development. In the city, no firewood is required today, a wardrobe and tea utensils, and some types of furniture are more necessary than fate and mats and in the countryside what is not contained in the village houses.
The marital status of the husband must be seen, for a person who may be a roommate of a neighbour in another stone is a sufficient lawful dwelling, and for another that is not, it is necessary to take into account the conditions of man, time and place, and the evolving custom, and on this basis articles 84, 85 are drafted.
Rule 86
It is clear that the husband is forced to house his young, unprivileged child with his wife, and not in his housing with an unlikely harm to the wife.
Our current social conditions require that his children be inhabited by other distinguished and adults, and that his parents be accommodated, and the project chooses the possibility of housing them with his wife on three terms:
1. The obligation to housing.
2. The housing is expanding.
3. The wife is not harmed.
As a result of Malik’s jurisprudence, the son of the Magshon was quoted as having been married on condition that he lived with relatives, that she was obliged to live with them, no matter how honorable he was.
These Maliki commentators have been constrained by the question of whether they do not have access to their faults, which is typically conditional and says the son of salmon:
“Whoever marries a woman, and lives with his father, mother and family, complained about the damage he did not have to live with them, and if he argues that his father is blind, the judge’s opinion is a prevention.”
The allocation of boys and August, without others, was noted as necessary, interest and religious etiquette.
It is apparent that the dwelling here includes several houses, not the bayberry.
Rule 87
A wife’s alimony is required to be paid for, or to be prepared for, if she is not responsible for the husband’s obedience, she has no alimony as long as she is resident on the grounds, who has left her husband’s house unjustifiably, or prevented him from entering her home, and had not asked him for the transfer, her right to alimony fell.
The elimination of the fact that the law was established only by a final obedience of the wife was not carried out in order to break the dispute between the spouses.
The reason for the wife’s failure to move to the matrimonial residence includes the fact that the husband does not trust her in herself or her money, that she does not meet all the dowry, before entering it, and that no legal housing is prepared, and also that the husband does not spend if she cannot carry out her alimony, because there is no apparent money. This situation, protecting her life, and taking the Hanbalis in the secret wife that she has the place on the husband, does not require her to reside in his house, and must not imprison her but let her acquire even if she is wealthy.
Rule 88
The wife’s forced market to the husband’s dwelling will not be a way to preserve the family, to achieve what the Holy Quran has separated from serenity, compassion, but raises problems, and to act as a pretext for false accusations, and not to be upright beyond marital life.
In the jurisprudence of Malik Rahmtalla, it is confined to the wife’s alimony at the time of its abandonment, and is not forced to obey, based on the necessities of temporal development, mistrust of the fairness that must be available from the wife itself, and in all cases, as well as the husband’s side, where coercion does not fully obey, while The complete maintenance is undiminished.
Thus, the view was expressed that the provisions of obedience to wives should not be enforced, and that it was sufficient for the wife to treat the effects of her marriage, which would be detrimental to the husband, who would be allowed to seek a differentiation, and to be subject to material consequences, in accordance with the provisions of the differentiation.
Rule 89
Between the tap, the wife has the right to leave the marital home to visit her parents, and the husband does not have to prevent her from doing so. They said: They have the right to serve the patient from their parents, and they have to make a pact as much as he needs, even if he is not Muslim, and the husband’s father.
The Shaafa’is stated that she would leave her father’s house, relatives, or neighbours to visit, clinic or condolence, and to the judge to ask for his right, and leave her layette, which requires her to leave her for her to return closely and leave her to supervise the house, or to force her out, or if he is left with alimony whether she is satisfied To be insolvent or not.
Based on this, and on custom, this article was drafted, and it was noted that if there are reasons why the continuation of the wife’s work is incompatible with the overriding interest of all the family, then the wife’s exit to work in this case is considered to be a nachuz.
Rule 90
The origin is the wife’s transfer with her husband, because he knows his livelihood and benefits, and his life is affordable, and she is expensive to live with him in the lawful dwelling where he is.
The article was excluded if the court did not consider that the wife should be allowed to travel with him, and it was clear that in assessing the inhibitor, the family was left to the judge and must take into account that the husband was safe for the same wife and her. and to be able to travel hardship, good value, as if it were in its original place, and the reason for the transfer is a significant interest, and is not intended to harm it, and the husband of money or earning what he does his pension, and his family pension in the place of the traveller, and this place is good security and not the source of Epidemics, to this end are different considerations of different people and citizens, and do not conceal the acumen of the judiciary.
Rule 91
The source of this article is the doctrine of Imam Malik and Ahmed, and the statement of Abi Youssef from the owners of Imam Abu Hanifa, and it was deemed appropriate to have the wife on her husband alimony the length of her travel to perform Hajj imposed, as far as she is resident, because by the performance of the imposition, she did the obligation to the origins of Sharee’ah.
Section VI
Matrimonial action
Rule 92
The marriage contract is the basis for the formation of the family, and it is in the most urgent need of maintenance and precaution, it may falsely claim marital status, in order to obtain a nationality or other purpose, depending on the fact that it is easily proven by witnesses, and may testify in marriage with a hearing, and might be called an incorrect customary paper in practice, and May The right marriage is not proof of it, and avoiding all of this is by proving this contract with an official document. In the official document, the declaration of a fixed marriage is recognized in an official paper.
In order to demonstrate the honour of entering into marriage, to avoid inaction, and to prevent evils, paragraph (a) of this article has been placed in the way of the allocation of the judiciary, and the judiciary has been prevented from hearing an action that cannot be substantiated by those documents and in the said circumstances.
An exception is made from the matrimonial action which is intended to establish the parentage, whether it is a separate claim, or a lineage intended to prove another right, such as alimony or inheritance.
It has been introduced in the doctrine of Abu Hanifa that if the lineage of the newborn is judged in the case of the correct matrimonial causes, it is a sentence of marriage, which entails all the valid marital effects.
While the provision of paragraph (b) is novel, it is noted that, to the extent possible, people have been made easier to safeguard rights and to respect the effects of marriage, since the prohibition of hearing is limited to one case, and whether the parties are at least at the time of the case, without regard to the age of the spouses at the time of the contract.
Articles 93, 94, 95
The original is that the mature sane person is raising the case and therefore, and it is necessary to judge the effects of the verdict and the emirate of puberty differs legitimately, but the project set a certain age, the action is not heard before it, a work control and uniformity.
Taking into account the facilitation, and the lack of complexity, it was felt that the case was brought against the wife alone, excluding the case of a marriage that required the consent of the Guardian, which should be shortened, to verify that the marriage was consensual, and thus article 9 was drafted. The provision of Article 95 is clear and does not require a statement.
Rule 96
It is generally not for the plaintiff to contradict it, the contradiction is to govern, and the case is forbidden if no one is likely to prevail, and if there is a likelihood, the contradiction fades and rises, the contradiction rises with the ratification of the opponent, the denial of the judiciary, as it rises with actual success, and is scheduled here to In reality, it is unforgivable and inexcusable if the reality is one of ignorance, and paragraph (b) is in accordance with the meaning of the persistence in the sanctity of breastfeeding, and the source of the Hanafi jurisprudence.
Book II
Marriage teams
Part one
General provisions
Articles 97, 98
The reasons for which the marriage contract is dissolved, it breaks out between the spouses from the bond, and it entails the division immediately and money: divorce, annulment and death.
Divorce is only in a valid marriage, it is not true that the marital bond is not established, there is no divorce, but the judge differentiates between the two parties if they do not find themselves, because their establishment is a prohibited crime which must be prevented from continuing.
The power to divorce is in the hands of the husband, but it is possible for another to take the divorce: either by choosing the husband and his will, as an agent, or by speaking out when he is unjust or harmful, as the law gives the judge the power to divorce the husband by requesting the wife under his general jurisdiction, as in the band for not spending or for Long alibi.
A non-husband of a guardian or trustee may sign a divorce, even if he is a self-appointed guardian, and his wife is not divorced and cannot take his place, but only the judge.
It is a woman’s honor that God is the only one with a passionate passion, a delicate conscience, so that she may be taken care of her home and her children, and stronger to fulfill her basic mission, but this made her often easy to temper, it was wise not to have a divorce order, but the Queen of Man in line with the requirements of marriage to stability, especially Alone, he needs financial consequences, including dowry, alimony and alimony: The children, and he has to sacrifice much of what he has done to complete the marriage and build the house, so that he can wait and balance these consequences, and the risk of continuing the marriage.
The articles in the specific term are explicit and their metaphors, and they do not have to be spoken in all cases, but may be by writing, referring, or dispersing the numbered judiciary from divorce and divorce either retroactive or apparent:
An ex-wife who is not compensated for her divorce and who does not remove any of the effects of the marriage as soon as it occurs, shall remain married, and the spouses shall continue to enjoy the same, even if one of them dies during the other heirs. The husband may refer to him in the kit, and if he does not accept the wife, the review will be interrupted and rise to no end, and divorce shall have the effect of only the lack of the three men’s bullets on his wife. If he did not review until her expiry, the marriage ended and the Baynunah took place, and only a new contract was returned to her.
As for the apparent divorce, since the end of the moment, the solution of the constant pleasure of marriage immediately, only a new contract and dowry, and works and resolves the dowry delayed by the mere rhythm of the dowry. But the Baynunah before completing three rounds is a minor baynunah that removes the solution of pleasure and not dissolution of marriage, the divorced may conclude his marriage to his divorced. The Baynunah after completing three rounds is a major baynunah that also removes the dissolution of the marriage, only to be renewed after marrying another who actually enters it, and then this marriage also ends and several of them expire.
Articles 99, 100, 101
The draft text in many cases of marriage difference is considered a divorce, and in a lot of other cases it is considered to be a dissolution, the differences between divorce and annulment should be found in the law, and in this section of the general provisions, in order to be specific legislative, do not leave the explanatory note, nor Of the jurisprudence of the judges, and their differing eyes on the reasoning of the doctrine.
The dissolution of a marriage is interrupted, so that men and women are cut off from the marital link immediately, without being based on the past, and it comes only in a valid marriage, which is not true but is not in session, although some of the images have some valid effects, such as dowry and several.
Avoidance is when the contract is not required from the original, as in the case of the Guardian’s choice if the woman marries incompetent:
It may be because of an emergency on the contract that the street prevented it from continuing the marriage, such as: that the Muslim husband would fall back, or the husband would refuse to surrender after his wife’s Islam or the non-biblical wife refuses to surrender or embrace a heavenly religion after her husband’s Islam.
The annulment division does not reduce the bullets owned by the husband, even if the annulment on his part, apart from the divorce squad, is retroactive or irrevocable, it entails the lack of such shots.
The project took into account that the reasons for the annulment required judicial scrutiny, and decided that the dissolution of the marriage depended on its elimination and did not establish a ruling before the courts. But sometimes marital life continues to be the same until it is dissolved, sometimes the spouses are denied, and marital cohabitation is prohibited for reasons that oblige a woman to be deprived of a man, such as the husband’s response, if he returns to Islam before the ruling of annulment, the marriage remains and persists, and the father returns a ruling of annulment, and she assaulted of women.
It has been observed that the avoidance teams that do not stop the judiciary in the Hanafi doctrine the source of division of the types of marriage, no longer exist or justified:
The avoidance of the option of emancipation, or the possession of one of the spouses to the other, has expired with the expiry of slavery and has become a landmark judgment.
The project proceeded that the affinity were not substantiated by adultery and thus made the way to those who took a ride to the squad, and to cases intended for defamation and cunning, so as not to be dissolved because of contact with adultery, the affinity had to be inviolable if it had been in contact with a valid marriage.
In the rulings of the husband’s response, it is obligatory to dismiss what is considered to be his response and what is not, which we now see in many cases, and we find in the branches of fiqh. It says in the carotid fatwas about the captured: the world should raise something from this door to not take the initiative of Takfir the people of Islam, even though he is serving the Islam of the impeller under the shadow of Swords.
The dissolution of the marriage before entry or proper retreat would drop all the dowry, because the marriage had been lifted and not entered, as if the contract had not been found, which was included in article 65.
Article 101 stipulates that avoidance after real or current entry requires that a dowry, or a dowry of the same order, must be proportionate to the virginity and conviction of the woman, and to the time spent with the man before the dissolution, and to the judiciary to apply these measures to the different facts in which the circumstances Course. This is because there are two fundamental things that must be taken into account:
First: Marriage is a contract of age, always built.
Second: Once the project has been entered into, it cannot be free from the law of compensation.
The project combines these two things from the Thioba and virginity observation in the standard of what women deserve by dissolution, and this project has taken a middle path between the sayings of the Fuqaha ‘:
He recounted Ahmed the fall of the dowry, which the husband had lost, or if it was his fist. Ibn Taymiyah said in his choices: “The arrogant husband is returning the dowry to the woman or the Guardian in the healthiest words of the scholars.”
Omar ibn Abd al-Aziz said in this section that he gave the woman a quarter of the dowry, and shwind compensated ALBRSAA something if the marriage was dissolved because of this defect.
He recounted such a tender, and Rabieh to the mute and her guardian of the defect.
In the fiqh of Malik, the dowry is less than a quarter of a dinar, or three dirhams.
More forward, as in Riad al-matters, went on to the fact that a husband’s fraud is worth a woman’s dowry less than what he finances, the less so-called money.
It has been suggested to keep the husband’s rebound after entering the ruling in the Hanafi doctrine, which requires all dowry, so that apostasy does not become an excuse for dropping a dowry.
Part two
Band by Will
Chapter I
Divorce
God entered into marriage for his creation, and worshipped them from the reign of their father, Adam (as) until the day of resurrection, and with a halo of divine light, a dignified guidance, and on the basis of a lifelong association between the couple. This association may, however, be based on a wrong choice, an improper assessment, or a deterioration of the dissonance, the diversity of morality, the demise of trust, hatred and misbehaviour, the existence of a loving life, no advice or reconciliation, and the establishment of the boundaries of God, and Islam is a realistic religion given the marital suffering Of these problems, he was granted divorce treatment, made it on times, to give way to the return of harmony with a reactionary divorce or to end the deadlock in the apparent divorce.
The doctrine of Imam Malik, which prevails in the application, was the basis of the reform introduced by the laws of the most Arab countries in the divorce system, but includes provisions that became the source of the misery of families, narrowing the judges when they perceive the abuse of man in the rhythm of divorce by his own will, and in the references of the doctrine between Our hands are seen as a defence. We find, for example, Shaykh al-Desouqi conveying the Arab son that he said: “I have never slaughtered a rooster, and if I find the divorced three for his slaughter with my hands, and he is famous for Ibn Taymiyah not to be the right of those who signed it, and said some imams Shaafa’is: Ibn Taymiyya misguided and the path of innovation. ”
In addition, in the destabilization of the Muslim family, the husband uses divorce in his own right, such as the Alliance to confirm the news, and he is rushing into his rhythm, often followed by remorse, seeking fatwas, and may be marred by the falsification of facts against Muftis, the ugly tricks at the expense of religion, and the dignity of families.
It was felt that the best way to avoid the disadvantages of divorce and its dire consequences would be to choose the provisions that would limit its occurrence to the fullest extent and hinder haste to the extent possible, depending on the texts of the book and the Sunnah, the rules of the Shariah and the opinions of the diligent in different sects, in the interest General, and raises general damage.
It is clear that when the jurisprudence differs in the validity of divorce, the prudent way is to introduce the non-occurrence of a divorce which is doubtful in the evidence of his health, because in his rhythm the wife’s prohibition on her husband, her analysis of the foreigner, and the pious to keep the halal fixed with certainty, not in the followers of speculation and potential.
Rule 102
This article has set out the rhythm of divorce for a husband who wants to divorce by his own volition, which is necessary for the integrity of his will, since no judgement can be built to the will if it is not properly due to the lesions.
1, 2-the lunatic and the lunatic do not get divorced by the unanimity of the Fuqaha ‘, because their will is nonexistent, and if there is a picture, and the difference between them that the lunatic is a little understanding, mixed speech is corrupt measure, but does not hit or insult other than insane, and reminds them of sleep and fainting, both a timed viewer prevents choice The understanding of the discourse does not take into the words of both the sleeper and the unconscious.
3. An impeller cannot be seen as expressing its will and choice, but rather as an coerced will, so that the words of Malik, Shafi’i, Ahmed, and the public of the Ummah are not fluent, such as the companions, followers and after them. The Prophet (pbuh) said: “God has put away the wrong and forgotten nation and what they dislike”, a hadith that the nation has received with acceptance.
4. The one who wanted to speak without divorce blew up his tongue. Divorce and tap sign fluent because it does not need any intention and since it is clear that he does not intend to pronounce divorce and does not want his meaning, and in the Hadith: “God put away from my wrong nation…” He saw that his divorce did not occur, and this is the opinion of the Imams of Islam scholars, and who went to him: Malik, Laith, and Shafi’i.
5-The drunk is different in the occurrence of the fluency of Mujtahids:
A team went on to not fall, whatever the cause of a sugar. And they said: he and the insane both of them are unconscious, and it is a requirement of commissioning, so the divorce does not fall drunk as he is defeated on his mind, babbling in his words, and his will is not achieved, and this is the constant of Sayyidina Osman. Ibn al-Mundhir said: “We do not know any of the companions.” He went to Omar bin Abdulaziz, Al-Laith, Rabieh al-Rai and Abu Thor, al-Qasim, Peacock, Anbari, Yahya al-Ansari, Isaac and Daoud, Ibn Hazm, one of the said Shafi’i, and from the tap: Tahawi, Karkhi and Shaafa’is Al-Malikis ibn ‘ Abd al-Hakam, narrated by Al-Mazidi, chose him from Hanbalis: Abu Bakr in Al-Shafi, Sheikh Taqi al-Din, and his assertion in the facility. Al-Zarkshi said: his evidence showed. Ibn al-Qayyim said that Imam Ahmed’s doctrine had been settled.
Others went on a drunken divorce, not on the grounds that he had a will, enough consciousness, but for his punishment, and as a matter of fact, and dispersed him and the madman that the drunk had brought corruption to his mind by his will. In this sense, they said that there is no divorce if he is drunk because he is not a sin, such as from eating alcohol he thinks it is water or hate to drink alcohol, so he divorced. This was taken by Abu Hanifa and his companions, the revolutionary, the Ozai and Ibn Seeb Weatah, and was chosen by most of the Shafi’i. This view is clearly far from an important aspect of the notion of punishment, its legal norms and the subject of divorce. That his building is that divorce does not fall into his grave and painful consequences only on the head of the man, and the authors of this opinion did not consider the effects of divorce for the wife and the children, while everyone testifies that the woman’s luck in the misfortune of divorce is greater than that of men, how is it permissible in Sharia jurisprudence to inflict this fragmented divorce of the family, And the dispersed to reunite the children with the punishment of the husband, and without considering that this punishment affects other innocent people, more than it strikes him? The first statement was seen as being in accordance with the interests and purposes of the Shariah.
6. The man who overcame his mind, and his consciousness went from a sudden, such as witnessing a spectacular incident, or hearing painful or delightful news, is attached to the madman as long as he is surprised, and if it is not surprising, but left a trail that gave him an extended imbalance in the balance of his words and deeds, is attached in this case to the lunatic.
And like the one who lost his mind to big or sick
7-Ghadbian is not fluent if his anger between him and the perfection of his intention and conception, provided for that Imam Ahmed and others, and from his evidence narrated by Hu, Abu Dawood, Ibn Maajah, and the ruler of hadith mother of believers Aisha:
No divorce, no more. The closure was interpreted with anger by Sabouk, al-Shafi’i, Ahmed, Abu Dawood, and Judge Ismail Ibn Ishaq, an imam of the Malikis, and by the scholars of the people of Iraq, whom he said: it is the order of the Malikis, the best of them ever Ibn al-Qayyim, Sheikha ibn ‘ amulet, said that rage has three sections:
One-Removes the mind and does not feel what he said, and this is not a divorce without a doubt.
2-it is in its principles so that its owner does not prevent him from visualizing what he says and his intention and this is with him divorce without dispute.
III. The author is very strong, he is not informed of the demise of his mind, but prevents him from proving and moderating, and out of moderation, this is a case of diligence and the absence of divorce in this case is bound.
Ibn Majdin was likely not to have an angry divorce if he beats his words and deeds, so that he is out of his habit, and if he knows what he is saying and wants, because this knowledge and will is not considered at that time, because she did not get a correct understanding.
In the relief of the youngest, this is what is required by the Book of God, the Sunnah, the sayings of the Sahaabah, the Imams of jurists, the correct analogy and the origins of the sharia.
This is being done in the Kingdom of Morocco, Egypt, the Sudan, Jordan, Iraq and Syria.
She points out that the divorce of Hazel is a reality, because the street made it very humorous for him to be a deliberate reason, so he needs his wisdom and if he is not satisfied with it.
Rule 103
This article stipulates in the wife who is to be divorced that there is a valid marriage between her and the divorced man, because the incorrect does not need to be resolved, as already indicated in the general provisions. It also stipulated that the wife should not be an aggressor, with the jurisprudence that does not allow the buttocks of divorce to the aggressor, which has its strong evidence of movable and reasonable:
Allah Almighty is the king of the absolute after entering a divorce in which he has the right to return, choice between catching a favor, or laying down with benevolence, unless he is mosquitoes, or satisfies the number, and from the meditation of the Koran and his grandfather is unlikely otherwise the ruling of this type of divorce may change, it falls on a face that does not prove the return It violates the rule of God in which he was sentenced, and this is a necessary characteristic of him, so that the absolute does not have to act on its own, and God wanted to make room for him to return or father, so what God initiated the divorce only started divorce before entering, divorce of Khula, and the third divorced, Ibn al-Qayyim said : “Between us and you, the Book of God, if there is something other than this, we have created it…. He then said Imam Ahmed in his gilded appearance, and agreed: if he wants to divorce her again after a decade or a return. ”
If a woman is in several, she will end up in Baynunah, there is no use in the buttocks of the new shot except to increase the number, the increase of repudiation is not a legitimate interest, and the divorce is intended and without it the divorce of the aggressor in vain, pointless exile from the actions of the sane, and the proceeds of Sharee’ah, and that the fundamentalists are scheduled There is no tampering with the legislation as explained by Imam Shafi’i in the approvals.
Therefore, the words of those who do not allow the buttocks of divorce on the aggressor in any number were chosen, taking the true doctrine Ahmed and those who consented to it, according to the Koran, and what the fundamentalists decided, and definitely to cheat the rhythm of the three rounds in an hour of the day by creating divorce the aggressor again and again even in multiple councils.
Rule 104
This article defines the ways of expressing the will to divorce, with a view to making the way of expression clear and unequivocal, and it has not accepted from the absolute slightest way in the power to signify and assert this will, when it can be expressed in the most meaningful way, and furthest from the odds.
Paragraph (a) decided that the original route was the explicit walrus in the divorce that the people had known and made, whether in Arabic or in other words, the divorced person should use any language that would improve their expression, even if he was able to speak Arabic, and this term does not require intention or presumption, since he does not understand the meaning of the speech except divorce.
The writing of a divorce is what is likely to mean divorce and others, and the divorce requires that the man intends to divorce, according to the case of the Maliki and Shaafa’is, and can only be discouraged by the statement of the same speaker that he intended to divorce, and does not pay attention to any presumption in the intention, whatever the case.
If the author of the divorce is incapable of speaking, he accepts to write in the expression of his will, and does not accept writing without being speechless, because writing is the slightest indication in the case of speech capacity, the clearer expression is taken to narrow the circle of divorce, and the doctrine of the phenotype who do not sign the divorce Originally written, Shafi’i said, and that the author intended divorce, which is a saying for some salaf.
The inability to speak includes the original silence, including the arrest of the tongue, possibly an emergency.
If the author of the divorce is also unable to write, either to be ignorant of it, or to prevent it, to express his written reference.
Article 105
The general public is of the view that divorce is an accomplishment that is intended to prompt divorce immediately, such as: You are divorced, a reason is given, followed by wisdom at once, and added, such as you are divorced after one month, and it is immediately a reason and has no wisdom except when the added time comes. It is suspended, such as: if you get out of the house you are divorced, there is no reason but the condition.
The addition of moral disadvantages has been observed or seen as a requirement to prevent them, as the wife whose divorce is added is waiting for the band, counted and the time is day-to-day, and the husband may continue to have intercourse with the date, which is not determined by good nature and emotional emotions.
The condition upon which a divorce is suspended does not make a difference between being a sin committed by a wife, and being obedient to her, such as: If you pray, you are divorced or a sin from the husband, such as: If I do not kill a person, my wife is divorced and may be commenting on someone else’s act or being used on the right. : If I’m not honest, my wife is divorced. In this way, the incidents of the division and the diaspora increased without guilt, while there was a lack of good and obedient wives, and in this case the wife loved everyone to her husband.
The strengthening of wills for action or abandonment, like the confirmation of news, but its way in Islam is the alliance with Allah Almighty, and the use of divorce so it is a deviation from his purpose and what he initiated, even if the right to divorce a comment, or to be in the form of comment, which is more rotating these days.
Therefore, the annulment of the added divorce, and the annulment of the suspended divorce and the right to divorce, were chosen in all photographs. It is based on the words of many of the Salaf and successors: Imam Ali, Shwind, Tawafah, Ikrama, tender, Abu Thor, referee Ben Otaiba, Ibn Hazm and Daoud, and all his companions. He is the choice of Abu ‘ Abd al-Rahman ibn Yahya ibn Abdulaziz for the people of Shafi’i.
It is understandable that commenting on the requirement of an investigator at the time of speaking is a sham commentary, the wording of which is in fact a paradox. Such is the case if the commentator is found in the Council, because once the Council has been achieved, it will be in the judgement of its accomplishment.
Rule 106
Divorce is accepted by the public, and the husband is to be jealous in divorcing his wife. The agent is then set to have no other agent except with the original permission.
The tap at the expiry of the agency’s dismissal stated that the agent continued in his agency to know about the insulation, to safeguard the rights of the dealers, and to pay for harm in his responsibility to act, which was the article, and agree with the Maliki and sayings in other doctrines.
To determine the number of shots owned by the husband on his wife for reference to the Qur’anic text, and not to jurisprudence a share.
It appears that the repetition of the common life of the couple three times, and their failure to establish them on a firm face, shows that there is no use in other experiments, as long as their biography, and the since there were of experiments may be detrimental to their children, and return and failure are more like manipulating the place of marriage, and enjoying Provisional. This is why the man was prevented from renewing the marriage after the three, restraining him from continuing the divorce, and in order to harm the woman, even if she experimented with others and failed her experience with the other, and began her desire to return, it is estimated that they are not their habits, and determined to approach the upright life between them.
Rule 108
Who was deprived of her divorced after three shots, then returned to him after another husband, she returns on the basis of the destructive of the three previous shots, as she marries him first, and this is agreed between the imams.
If the first divorced one or two, then the second married and entered, and their wives ended, and then returned to the first, would he be demolished below the three, and would have three new ones, such as her return to him after the three, or not demolish, and return to him with the rest of the three?
Abu Hanifa and Abu Youssef said that the marriage in the second destroys the below three, so it returns to the first with a whole new number, the second husband if he destroys the three by unanimous, it destroys below it a fortiori.
Malik, Shafi’i, Ahmed, Mohammed, and Exhale said: The second marriage does not demolish the below three.
The first view was considered, as it was clearer, easier and fuller in interest, and it was also the doctrine of Ibn Massoud, Ibn Abbas and Ibn ‘ Umar of Sahaba.
Rule 109
The subject of this article has different opinions, and has been devoted to it, there is no room for further elaboration, and it is known that the four doctrines of the three signs of divorce with one word, or words in a single council, and that Ibn Taymiyah and the son of the values strongly invalidate that, because the three did not proceed only sporadic, and the collection of them is void Project, and the aim of the street is to disperse the bullets from the opening of the door of the doors of meditation and return, and has prolonged this inference, and all those who wrote on this issue after them are children on them.
They saw them–God has mercy on them–that a divorce with a number of words, signs or writing is only one shot, supported by what was narrated by a Muslim in Saheeh and Ahmed in his deed, and the ruler in afterthought, that the three divorces with one word was considered only as one under the reign of Rasulullah (peace be upon him). Abu Bakr, a Sadr from the emirate of Omar, until Omar saw that people had followed him, said: “People have rushed into something they had in it, if we spent it on them, then spend it on them,” it was a policy age, a restraining order, and the following facts showed that this measure increased the problem of divorce, and exploited by the ignorant, even The Ismaili keeper recounted that Omar regretted it in his last days, as it was estimated that the three people would not submit to them, which was the opposite.
What these two jurists have gone through is the famous of a dozen of the Toledo jurists who mufti the doctrine of Malik, and those who are victorious from the elders of Cordoba: Paint Bin al Habbab, Mohammed bin left bin Khaled, Mohammed Abdulsalam Khashni, Ibn Grapefruit, with other counterparts of the young in Andalusia, and his transfer to Ibn Taymiyah about some of the owners Abi Hanifa, Malik, and Ahmed, the doctrine of the Ahl al-Zahir. As stated by: Ibn Abbas, Zubair, Ibn Aouf, Ali, Ibn Massoud, Akrama, Afoos, and Ibn Amr, and Mohammed bin fighter, Ibn al-Qayyim said: “All my friends from the succession of friends to three years of the succession of Omar were that the three were one, fatwa, acknowledgement or silence, so some scholars claimed that this was a consensus Yum, the nation has not gathered, thankfully, for a succession, but it is still in them a century after century, and to this day. ”
This is the norm in the personal status laws now in force in the Arab countries, on the basis of which article 109 is drafted.
In this article, the multiple or successive divorce provisions of a single Council do not mention that there is only one, but only the foregoing in Article 103 that, in the event of divorce, the wife must not be an aggressor, because, in the first divorce, she is not injured by the latter.
Rule 110
Divorce is apparent if it is before entering, and if it is retroactive, then the husband, if divorced, then he can review the divorced during her time, the sentence rises, and the marriage continues until there is a reason for its dissolution. This is agreed between the doctrines, but it differs in that the husband can make a divorce by his own will, which is a categorical, forbidden for the wife, only to be solved by a new contract and dowry, or not, because this matter of public order in Islam which kept the field of vision and return, the husband or father wished.
-The faucet went on to the fact that the husband may sign the divorce retroactively if he wants, and we hope.
The public went to the second opinion, deciding that every divorce was retroactive except for divorce before entry, because there were no several, and divorce on the allowance paid by the woman to the husband was redeemed.
The divorce, which is complementary to the three, and some cases of judicial separation, in these excepted cases the divorce is divorced. God has made the provisions of the types of divorce from their constant supplies, and their provisions may not change, as in divorce before entry can not prove the return, as well as the other type of divorce may not change the wisdom, it falls on a face that does not prove the return, as well as the other type of divorce may not His wisdom changes, and he falls on a face that does not prove to be irreversible, it is contrary to the rule of Allah Almighty, and this is a necessary characteristic, it is not at all different, and from the meditation of the Qur’an and Oujda is unlikely otherwise. It has been identified that the second opinion is required by writers, the Sunnah, the analogy, and the more so, which is closest to the purposes of sharia, and which is appropriate to the need of the people, the helper to alleviate the problems of divorce, and its tragedies resulting from haste, and thus the laws of personal status, Article 108 is drafted on the basis of it.
Chapter II
Dislocation
Rule 111
If the spouses disagree, and each one of them believes that he does not assess the rights and moral obligations of the marital family, the wife has begun to redeem herself from the inlaws of her husband and to take them away from her, and there is nothing wrong with her in what she gave, and there is nothing wrong with him. The Almighty said: “It is not permissible for you to take from what you have come, but to fear not to establish the limits of God, if you are afraid not to establish the limits of God, they have no wings in what they have done,” he called the Khula Redemption, and the redemption needs a compromise between the two parties. In order to rid itself of the inerrancy with which the dowry is divorced, the man cannot review it, and only return to him in a new marriage with all his tapes.
The fact that Khula is a divorced divorce is the doctrine of the public of scholars, including: Omar, Osman, Ali, Ibn Massoud, Zaid ibn Ali, Abu Hanifa, his companions, Malik, revolutionary, Ozai, Qasemiah, Ibn Abi Leila, and Shafi’i in his new saying.
It does not deal with the khula with a specific term, and the rules of Fiqh and its origins require that the pasture in the contracts the facts and meanings, not the pictures and words, and therefore took the project that the dissolution is divorce for Awad, for the match and divorce on money. The judge says Ahmed and others: The Almbaraeh, the Makhle’ah, the key, and reconciliation are words that belong to one meaning.
In order to do so, and in the foregoing article, the dissolution shall not be deemed to be taken away by any term unless it is signed by the parties ‘ agreement to a substitute, and if the husband uses the term “khula” or, in his sole volition, without agreement with his wife on her part, it is considered an abstract divorce, and only a retroactive divorce and The previous article.
Rule 112
Since the Khula is a divorce for Awad, it is necessary for his health to have all the legal tapes prescribed for the divorce according to the previous chapter, so that the husband or wife owns the behaviors that the divorce entails for the financial and other effects, although no one is informed of the age of financial maturity.
Rule 113
The faucet goes on to adapt the khula to that on the side of the husband right, and on the wife’s side netting the semi-donation, he means to suspend her divorce on her acceptance of giving the reward, and the comment right, and she makes a reward to explain herself and arranged that the husband if started with the Khula did not have to return his positive before accepting it It is obligatory as soon as it is issued, and the wife may return her affirmative before accepting it as other objections.
The suspension of the divorce was not valid, and the provision of objections in the affirmative and acceptance for the spouses had to be applied, and the husband also had the right to return the offer before accepting the wife.
This–and the possibility of a return in the affirmative before admission, for both men and women, is provided for by the Hanbalis, as stated in the Fiqh of Zaydi by the statement of the possibility of return from the offeree before admission.
Rule 114
The allowance is valid from all that may be a dowry, which is true of its commitment, and has no small end and no limit, so the wife is obliged to do so, because she has committed to her consent in exchange for the termination of the husband’s right. The evidence of this is that the almighty says: “They have no wings in what they have done.” The permissibility of Khula more than that given by the husband is the doctrine of the public, said Malik, Abu Hanifa, Shafi’i, their companions, Abu Thor, Roy about Omar, Osman, Ibn Omar, Qoubeida, and Al-Nakai.
Rule 115
Abu Hanifa believes that the Khula and the match fall every right of one of the spouses over the other with regard to the marriage that has been removed from it, such as dowry and frozen alimony, although it is not stipulated in the contract to fall, so consider falling here as collateral.
The Malikis, al-Shaafa’is, and Mohammed bin al-Hasan from the TAP said that the Khula falls only what has been agreed, whether by the words of the prophet or the match, such as divorce on money, because the effect of netting is not only to be labeled not to drop others, and the financial rights have settled the right marriage, so do not fall down by mere The projection is like a khula, because the constant with certainty does not go away with doubt, and it says in the small fatwas: “Khula a netting contract, it does not increase on the basis of mutual consent, and the pronunciation and if it speaks of dismissal, the dismissal found a measure of satisfaction, how to fall others.”
The Committee considered this opinion to be working, which was fairer and conducted with legal consideration, and took it.
Rule 116
Some men make up for the good of the ten and the generosity of the company until their wives are redeemed themselves, and the treatment of this matter is by the signature of a dowry, by committing them to refund the financial compensation, and by dropping what the woman has committed like her son’s wife, or alimony, and congratulated the Malikis in two things:
The first is that it is the harm that the wife launches, which is not permitted in Sharee’ah.
The second is to facilitate his proof, accepting the certificate of hearing from the trust or other persons whose testimony is not admissible, such as the servants and to them, as sufficient one witness and right, or the testimony of two women and their right, and the fact that she accepts even if the husband testified that she was not harmed, and that the evidence of her witness was dropped certification, projection, and you are aware of it.
Malek Rahmtalla said: “I have not heard this from the people of Science, which is the society upon us, which is that if the man did not harm the woman, and did not offend her, and did not believe in him, and loved his parting, it solves him to take all that I have done, as the Prophet peace be upon him in a woman thabet Ben Qais He had been so much to be uneasy and to harm her, to answer what he had taken. ”
According to the Al-Dawani fruits, the message is that a woman can marry her husband with her friendship or more if the redemption is not caused by an illegal harm, if he is causing harm to him, he does not win it, and return to him by what she gave him, and the necessity of khula after proving the damage, Khalil said
Rule 117
This article describes the provisions of the Khula on the rent or custody of the child, or the maintenance of it, it is right that the allowance of the khula or some of it to breastfeed the mother of the children without pay, or incubating him, or spend on him a period of information, because breastfeeding and custody with the benefits that are worth the money, and ignorance in amount Easy fiqh, she bears in the Alkhalaleh and the mother accepted to bear a financial burden that was necessary August so it is not legal to do so, and she is committed to it.
If you leave the child, the father may return the equivalent of the amount of breastfeeding, custody or alimony for the remainder of the time left unless we all agree that she is not complying with something in this case.
If she was insolvent at the time of the tunnel, or later lost money to the young, she asked the August to spend on it, he was forced to do so, and then returned to her left by the expense, because it was not possible to implement what the mother committed, and alimony the right of the child, which is originally on his father, forcing her to maintain the boy , as God does not cost a soul.
If the child has money, then his money is in his wealth, he will be at the expense of relatives, and the August is not forced to spend.
Rule 118
If the child is caught at his father’s custody in the incubation period, she is the hero of the condition, because his stay at the mother is also a right for the young, she has to take him, his father’s expense, and his custody if the boy is poor. “She has to go back by taking the boy, the strongest right in custody for the young, and while the wife has dropped her right, she can never drop the child’s right,” said Mufti Abu Saoud.
What is meant by constipation in this article is merely the right to join and retain the child, not to spend on it, because the spending requirement operates by the agreement of the August, which is purely a financial matter, and it is not prevented from implementing their agreement, because it does not affect the rights and interests of the child.
Rule 119
Removing the patient’s death sickness is true, it is a false divorce, and it proves his reward, but only one third of her money is executed when the heirs do not leave, because he donated, and donate in death sickness will.
The substitute agreed upon in the Khula is not the duty in any case, if the wife dies in the kit, the husband does not have at the tap, but at least three things: the amount of his share in inheritance, the reward, and a third of the money.
This is because the spouses are likely to agree to take off the death sickness, so that the husband will have more of his wife’s money than the inheritance, so that the two spouses are treated with the opposite meaning of the three things.
If the wife dies after the end of the kit, or if the divorce was done before entering, where there is not several, the lower spouse of the two things: the reward, a third of the money, and does not pay attention to his share here in inheritance, because after the kit, or where not several.
The source of this article is the tap Doctrine.
Part III
The band in the judiciary
Chapter I
Divorce for not spending
Rule 120
The public sees the divorce of the wife on her husband for not spending it, and they have their evidence of the book, the Sunnah, and the analogy. Those who came from the companions were later: Omar, Ali, Abu Hurra, Ibn Seeb, al-Hasan al-Basri, Omar bin Abdulaziz, Rabia, Hamad, Malik, Shafi’i, Ahmed, Yahya, Ishaq, Abu Obeid and Abu Thor.
According to this article, a husband who refrains from spending unjustly if he has apparent money in which alimony can be carried out is not allowed to ask for her divorce, whether he is present or absent, because she has access at her own expense, and by execution, the injustice suffered.
If the husband is present, has no apparent money and has not proved his insolvency, the judge immediately divorced him, if he proves his insolvency, or he is absent in a known place, the judge has given him no more than three months to perform her expense since the case was filed, if he did not spend, and at the end he did not attend to the judge.
According to the owner, he is on the line and waiting for the judge to be diligent, and the judge should strike the deadline at his discretion. Omar bin Abdul Aziz said: “Hit him for a month or two months.” Shafi’i said in one of his opinions, the insolvent should be postponed for three days. Hammad bin Abi Suleiman sees him postponed for a year. The midpoint, the period indicated in the article, was chosen. The duration of the distances was added to the term, in order to achieve equality of liabilities.
The wife from the day of the suit is entitled to a present alimony, no less than to receive her alimony since that day, and is not harmed by the length of the proceedings.
Absent in an unknown place, the missing cannot be excused, and their grace is not produced other than the wife’s damages, so they are called without grace.
The detainee is known as a husband who is absent in a known place, and is only called after excuses, and times the term.
Rule 121
Divorce for non-spending occurs retroactively, until there is another reason for the marriage, such as to be a third divorce, or before entering. This is the jurisprudence of Maliki, which is now in practice. It is decided that the husband will have to return if he is found on the left, if he does not find the irrevocable, and in determining the left take into account the statement of the son of Abdesssalam, to be thought that he is able to maintain maintenance like in the future, and the divorce of the judge was to harm the poverty, so the husband cannot return unless he still positive The shot, which is insolvency.
Rule 122
If the husband repeats the refusal to spend his wife three times or more, and the order is brought to the judge, asking for a divorce for not spending, the husband’s failure to pay the alimony at present is detrimental, so if the wife asks for a divorce to harm in this case, the judge divorced her with a shot.
Chapter II
Divorce to pay
Articles 123, 124, 125
Pay means that the husband is sworn in as a denial of his politicized wife. And the people of ignorance were paying the year and the two years and more, they intended to harm women, and Islam came as an injustice of this man, contrary to their legitimate rights, which the husband may not harm her, says Allaah Almighty: “For those who internship their women for four months, the fulfillment of God is forgiving, and that They resolved to divorce, God is good. ”
The imams differed in the occurrence of this divorce: time, how, and kind:
-the TAP said: It is a clear penalty, as soon as the period has elapsed without the husband’s right to be left, if he does not until the end of the four months of his wife, and there is no need to eliminate the divorce, nor the husband’s pronunciation.
The public went on to do the same:
(a) One of them stipulated that the man should be divorced, if he did not do the judge’s effort to be divorced, the old Shafi’i, al-Dhahiri, Peacock, Akrama and Ahl al-Hadeeth, and selected by Shaykh Ibn Taymiyah.
B. Others said that he was ordered to divorce or to be in court, if he did not divorce the judge under his general mandate. Malik, Al-Shafi’i in Al-New, Ahmed, Laith, Ishaq, and Abu Thor, chosen by Ibn al-Mundhir, and narrated by Suleiman bin Issar of the nine men of Sahaba, said. It is clear that this view was conducted with the wisdom of the legislation, and in other apparent caveats, the couple may be surprised by a prima facie divorce in which they are unaware of the duration. The judge withheld the power of forced repudiation of the coerced guardian against the assets, and the legal and lawful rules.
The type of divorce the tap, the Zedia, the Abu Thor, and others went to be apparent, because it was intended to pay the damage. The most, including Malik, Shafi’i, and Ozai, and Ahmed in one of the two novels, went on to divorce due to retroactive pay, as the original is that every divorce is retroactive and the woman’s harm is relieved by her review of the kit, the reactionary any desire, and the cessation of damages.
And the warmth is the politicised for those who have no excuse, when the divorce is forced on the husband for a reason, it is not permissible to return it until the end of the reason, so as not to invalidate the justice of the judge, with the reason for which the verdict was pronounced, if the Guardian had an excuse from a sickness to make him incapable of politicized by saying. Ibn al-Mundhir said: This has been agreed upon by all those who are kept from scholars. And the owner said in the blog and the happy. The provisions of this chapter are modelled on the foregoing.
Chapter III
Differentiation of damage
Articles 126-135
The judicial differentiation between the spouses through arbitration, which is now followed by the Maliki jurisprudence, which is the most correct in the Hanbalis, and became prevalent in the personal laws of the Islamic countries, but its application showed many defects and shortcomings, amended its provisions to avoid defects, and extends The shortfall, and achieves its purpose, as follows:
1. The request for differentiation is not limited to the wife, but the husband also has to ask him, even if he has a divorce, so that the quarrelsome wife does not take a means to divorce her from her husband free of charge; In opening the court to a request for a distinction, he could be exempted from such consequences, compensate him for a divorce to which he was compelled to abuse the wife, and that exemption, thereby preventing the wife from deliberately abusing her, to divorce her.
2. Article 126 stated that a differentiation may be requested prior to entry so that there is no room for disagreement at the time between the courts, and that the injury may be achieved before entering into numerous forms, and it is in the interest that the marriage, which began to be diseased, be removed before the damage extends to the non-married parents or innocent children.
3. If the court is unable to reform, it shall appoint two provisions for conciliation, or a differentiation under article 127, which does not require a repeat of the complaint, which is not in the Book of God, so as not to alter the system of arbitration, he said: “If you are afraid of discord, send a verdict from his family and a judge….” In sending the two judgements, beginning to shorten the proceedings, and not wasting anything necessary, to achieve justice, which is the appearance of the term “comprehensive” from the books of the Malikis.
4. Articles 129, 130, of the two provisions, and the following in the event of failure to reform, indicated the distinction and its financial consequences, or its proposal to dismiss the case, depending on the offence, its origin and any applicant for differentiation from the spouses.
5. The incidents indicated that each sentence tended to be the author, and seldom agreed, if the judge ordered them to re-examine the difference, each insisting on their position, and that the other two had followed the two new provisions, thus prolonging the arbitration and prolonging the litigation without reaching a conclusion. The view was expressed that it would be good for the court to choose a third judgement likely to be non-marital, which would send it together with the two judgements when they differed, and would provide for their agreement or majority opinion.
The organization of arbitration in this respect is not in any way contrary to sharia law, but the holy verse has not terminated the increase in the number of judgements, since when it is found necessary in this age, there is no place to resolve, to show the right from falsehood, to remove the damage, to be taken, and this has been followed by the Ottoman family rights decision since 1917, Of the Syrian and Jordanian laws, however, that the Malikis did not abide by two arbitration, one of whom went to be rewarded with the dispatch of one sentence, said Abdelmalik in the blog, and said Al-Lakhami also.
If each of the three arbitrators goes to the dissenting opinion of others, the court shall make a distinction as to what it deems to be in financial obligations, on the understanding that they shall then be considered as witnesses to the details and causes of discord, informing the Court of their statement in the judgement of what they deem to be the fairest.
This trend is reinforced by the fact that some of the Salafi jurists, including Hassan, see the two judgements as witnesses, bringing the matter to the sultan, testifying to what appeared to them, and narrated from Ibn Abbas, if their statements did not produce an opinion or report, the Court proceeded with the ordinary proceedings.
6. Marital damage is frequent in special cases, and it is rare for those who accept their testimony to be present in the Fuqaha ‘ community, and it is difficult to prove it, although it is well known to many, in order to facilitate justice and to show the reality between the spouses, article 134 is based on the jurisprudence of the Maliki, from which the provisions of the subject Before the testimony of the damage to the intercourse, it was intended to be known in the vicinity of the couple. This is clearly different from different times and circumstances, and it is up to the court to determine the context of the spouses ‘ lives.
A certificate of Denial of damage is inadmissible.
It has been determined that the degree of kinship or connection between the witness and the eyewitness, whatever the same, does not preclude the acceptance of the certificate only when its other conditions, such as Islam in the testimony of the Muslim, are paid for the sin and embarrassment, and the maintenance of rights, taking the words of Omar ibn al-Khattab, all Sahaba, and his followers.
Chapter IV
Differentiation for the ghazal or imprisonment
Articles 136, 137, 138
The Maalikis and Hanbalis went to the possibility of differentiating the marriage if it lasted, and the wife was harmed, even if her husband left her what she could not spend for his absence.
The Malikis allowed a differentiation of the husband’s alibi, whether with an excuse or an excuse, and made the long-term alibi a year or more to their own words, because a woman’s long stay away from her husband is intolerable for the most part.
If the husband is absent from his wife for one year or more, and the wife asks for a differentiation for his absence, if the husband is in a known place where the declaration can be reached, the judge shall not rule in the case, but shall declare the husband: either to come to reside with his wife, or to transfer her to him or divorce her (a) He did not divorce her until the time fixed by the judge divorced her with a shot. If the husband is in an unknown place, the judge will divorce her without a strike and no excuses.
In the absence of the husband here, his absence from his wife is meant to reside in another country, while being absent from the wife’s house with residence in one country is a condition that the differentiation deals with.
In the absence of a distinction, it was required to be without an acceptable excuse, but if it was an acceptable excuse, such as his absence on a scientific mission, the wife could not be with him, and no differentiation was permitted, as he did not intend to harm the absence.
This requirement is taken from the doctrine of Imam Ahmed.
Article 138, in order to impose a final sentence on the husband’s sentence, stated that, if the husband was sentenced to three years ‘ imprisonment or more, his wife could, after one year of execution, request a distinction between her and her husband, since the wife was affected by the husband’s distance from her, and there was no income to the fact that the dimension was chosen He saw him, and the judge answers her to her request, and governs the differentiation by a dowry, without writing to the husband, or waiting, as he does with the absent who can write to him, because the detainee cannot go out on the execution of the sentence, and the damage is controlled if it remains in his face to the end of this long time, she is like the absent The K.
There is no difference between whether the term of imprisonment of a husband is three years or more by one sentence, or more than a sentence.
Chapter v
Dissolution of the Bears
Articles 139, 140, 141, 142
If one of the spouses finds in the other a bodily bug, such as leprosy, lepers, or a nationality, such as a curse, a bequest in a man, a century and a woman, or a mentality, such as insanity, the jurists disagree on the permissibility of dissolution of marriage:
The people of the phenomenon did not accept its dissolution with a bug.
The public said that the sentence had been dissolved, and they differed in detail.
The tap does not break marriage with a defect in women, because men have the right to divorce, and they allow the woman to break with defects in the man, in her statement, Shaykh and Muhammad and imams: Malik, Shafi’i, Ahmed, and others have details: is annulment a right of both parties? Are the defects that are dissolved because of them confined or not confined? And if it’s confined, how many? This means that the broadest doctrines are adopted, in order to pay for the harm of the spouses.
It allowed each of the spouses to terminate the dissolution of the marriage to the husband, and went on the criterion of defects Ibn Qayyim according to the Masai of a team of Salafi jurists, he indicated that the defects intended here is any defect that alienate the other spouse, or hurt, or prevent enjoyment because then the intention of marriage of affection and mercy, and By him, and the Salaf did not relate to this defect without defect:
-This is Omar ordering the wife of the sterile woman, and for a year insane to wake up, or differentiate between him and his wife.
-Syphilis responds to the marriage of every incurable disease.
And Shrayeh says to those who are blind and do not know them blindly: “If the DLLs are not permissible.”
-Omar and his son, Ibn Abbas, Jaber Ben Zeid, Ahmed, Shafi’i, and Isaac, have established a choice of dissolution for those who find the couple in the other a defect in the sentence.
In the re-increase: “Only two faults, six, seven, eight without the first of them, or equal to them, are not addressed, blindness, silence, the fact that they are cut out of hand, or the two men, or one of them, or the man, is one of the greatest repellents, and silence from the ugliest fraud and cheating, which is contrary to religion…. God and His messenger have never been so arrogant, nor oppressed by their alienation. To manage the purposes of the sharia in its confiscation and resources, and its fairness and wisdom, and the interests involved, has not concealed the preponderance of this statement and its proximity to the rules of Sharia. ”
It is taken that the knowledge of one of the spouses of the other defect when the contract or his consent to it after the contract, the right to the request for annulment, except the sexual defect (curse) in The man, in which he decided to the wife absolutely the right to annulment, even if a scientist is satisfied, or the husband’s sexual illness after entering, this doctrine of Imam Abi Al-Hasan Lakhami of Malikis, to prevent her embarrassment and maintenance, she may be satisfied with the hope of his recovery, or hope her ability to patience, and then disappoint her.
The case is adjourned after the proof in all the curable defects, a suitable period, if the term is expired, the illness is removed, and the applicant insists on a difference between the spouses.
The appropriate duration includes a few or more, at the discretion of the people of experience, from the sum of the reported age and the postponement of the year, and from ploughing Ben Abdallah from the postponement of ten months, and from Osman, Ma’awia and his old Ben Grasshopper who did not postpone the eyes originally, and about Ibrahim al-Nakaei who said to postpone the eyes Or a lot, it meant he left it to the judge’s discretion.
It is notable that the court has the authority to use the persons of expertise in the defects for which it is required to dissolve the marriage and to assess the appropriate period of recovery, taking into account the doctor’s Islam for the availability of competent Muslim trust, pursuant to the doctrine of Malik and the diligent public.
It has been suggested that, in accordance with the Shafi’i doctrine and Ahmed, the differentiation of the head should be a purely repudiation and non-repudiation, and that the number of rounds shall not be diminished, and that the financial implications shall be the result of only the consequences of the avoidance of the statement in the general provisions.
Chapter VI
Annulment of the difference of religion
Articles 143, 144
The rulings of the parents of one of the spouses about Islam if the other spouse is recognized by articles 143 and 144 of the correct source of the Hanafi fiqh, except for two things:
1. The fact that the group is regarded as an annulment by the fathers of the husband, in the opinion of Abe Yusuf, because there is no distinction between the fathers of the wife and the husband’s fathers, and because “there is no compulsion in religion”, and not even fancy that the financial obligations that this divorce squad is a means of forcing the husband to Islam.
2. Dissolution of marriage without the court exposing Islam to the representative of the husband if he is not eligible for the offer, there is no point in the non-binding offer to his parents, or the establishment of a litigious guardian, which is purely formalistic and opposes in his appearance the previous verse, and he ordered us to leave non Muslims and what they condemn, and not to offer Malik, Shafi’i, Ahmed, and Zaidi imams.
He observes that silence after the offer of Islam takes the judgement of the fathers, and that if there is a reason for inviolability between the spouses the court dissolved the marriage anyway, and dispersed the spouses if they did not disperse.
Article 144, paragraph (b), declares that it is not permissible to search for the sincerity of the person declaring Islam, nor in its motivation for Islam: Does he want to keep the marriage, or to salvation from it, or to come to it, or otherwise, because this matter is left to the law, because he is with Allah Almighty who assumes the beds, but in this world I hope apparently. This is evidenced by the saying of Allah Almighty: “and do not say to those who gave you peace I am not a believer….” What did Ibn al-Qasim hear about Malik in the cause of this verse?
Narrated by Muslim and the imams who were in secret, he realized a man who said no God but God, he stabbed him, and said, “O Messenger of God, but he said it for fear of weapons,” said the Prophet (pbuh): “Did you not get out of his heart to learn to dismiss it or not …”.
In another talk about Grasshopper ibn Abdullah: “How can you make no God but God if it comes on the day of resurrection?”
The judiciary is based on the fact that religious belief is a psychological matter, and no judicial body can search it only through official external manifestations, and when such manifestations are available, the judiciary confined its research to the consequences of changing religion, in accordance with the provisions of the new religion, and explained that Islam is not It is true that one of the spouses claims to have marital retention according to the sharia under which the marriage was contracted.
Rule 145
Ibn al-Magshon and Ibn Abi Aweys of the Malikis said that one of the couple’s reply was an annulment of marriage without divorce. This novel was conveyed by Ibn Younis, Ibn Rushd and others, and in the mass that if she intended to break her marriage she did not dissolve, and in the Hanafi fiqh al-Sheikh: Abu Hanifa and Abu Youssef said that the husband’s response breaks the marriage immediately without interruption to the judiciary, and the three agreed that the band with the wife recoil dissolution, and the T, some of Balkh imams, and the elders of Samarkand that her apostasy does not require annulment, and that the owner of the river is likely to respond to her bad intent, and to resolve her fraud to salvation in the biggest major sins.
It is submitted that the wife’s reply was dissolved, bearing in mind the temporal interest in the renunciation of the termination of the dissolution of the judiciary, as mentioned in Article 100, and also the jurisprudence of Shafi’i and Ahmed in the stability of the band after entry for this reason depends on the expiration of the kit, as noted the complaints in the decoration of Satan for Muslim wife Way Apostasy in order to achieve salvation from marriage does not satisfy her, and he was chosen that her apostasy does not require annulment, to fill this dangerous door, expulsion of what is stated in the law of Maliki, and issued by the Hanafi jurisprudence to fill this part of its origin, whether the trick or not.
Chapter VII
Missing
Articles 146, 147, 148
The provisions of these articles are as stated: 146, 147, 148, on the basis of loss, experience, and no placement, either his absence appearing to be lost, such as losing between his family day and night, or coming out to pray, he does not return, or he goes to a nearby place to spend his needs and return, he does not show him news Halke, or in a stricken plane, or a steamboat hit. As for the apparent absence of safety, such as tourism, demand for science, and trade in non-lethal, the introduction of Imam Ahmed doctrine in the first case, is expected to four lunar years from the time of loss, and if he is not returned and searched for him, his wife did not have several deaths, and dissolved to the husbands afterwards. In this time, the frequency of travelers and merchants is frequent, and the interruption of experience in this face is dominated by the thought of Doom, if the remainder of experience to this end is not interrupted.
In the second case, he took a correct statement in the doctrine of Imam Ahmed, and the doctrine of Abi Hanifa, authorizing the assessment of the period after which the missing person lives to the judge, if he examined the scope of his presence in every possible way and investigate him to find out the situation of his whereabouts, and found that his ideals do not live until this time
The Malikis and the tap see that the death of the missing is from the time of the judge’s judgment. Which is why, it is valid from its time. His wife has several deaths from the time of sentencing, and he deserves to be left behind by the heirs who are then present. This is set and reformed for the work system in the judiciary.
Article 148 was drafted according to the owner’s doctrine now.
Part IV
Effects of marriage teams
Chapter I
Marital effects
Articles 149-154
A section of these provisions has passed when commenting on article 98 and it is sufficient to decide here that:-
1. The review is the sustainability of the marriage in the list after the retroactive divorce has been fixed by the end of the term, by saying:…….. If you divorced women, they divorced them…. If they reach their order, they will catch a favor…. ”
The deadline is to reach the end of the period, to agree that it is irreversible after the lapse.
2. The jurists ‘ review has two ways: a complex road, namely, to say.
and a different way of doing it.
A. The review by saying is in every way issued by the absolute meaning of it: and from it the Frank who becomes a reviewer without intention, like to say, I checked my woman. Or address her by saying: I checked you, or I caught you.
It is a metaphor that depends on the intention, like, you have as you, or you are my woman.
It is required that the return be completed, so it is not correct to add it to the future, nor to comment on the condition, as if he said: If Ramadan comes I have reviewed you, or if I enter the house, I have checked my wife.
It is also required to be certified by two men, or a man and two women, and the obligation to attest is said Ibn Musayyib, Hasan and Shafi’i in the old, and the people of the phenomenon. It has been taken into account that the man is often officially certified, and if the wife is aware of the divorce, he will continue to do so on the basis of the actual return of the marriage, and then the dispute between them denies the return, dies and denies the heirs the continuation of their spouse, or the lineage of the child who came after the divorce. These provisions were used on the other side in false claims of marriage and genealogy, requiring the administration to ensure the maintenance of rights and family ties and to fill the doors of fraud and perjury, in keeping with the declaration and clarity at the beginning of marriage, and in divorce, and was chosen to return with the presence of two witnesses: two men, one man, two women, or With a formal attestation and a wife’s knowledge of it. It has been observed here that the writing is back from a verbal return.
B. The review is already politicized. This is the doctrine of Abu Hanifa and his approval, Ibn al-Mundhir said: It is the return of Ibn Musayyib, Hasan al-Basri, Ibn Sirin, peacock, tender, syphilis, Ozami, revolutionary, Ibn Leila, Jaber, Al-Abi, and Suleiman al-Timimi.
The politicization of the return of the affinity in the Hanafi jurisprudence, even if it has been misappropriated or coerced, is politicized because the pleasure is halal on both sides to keep the marriage from every face. He considered that this doctrine was more satisfactory and more akin to the perpetuation of marriage, since no doctrine had been adopted which made it necessary to return to the verbal expression.
2. Marriage has the right to be reviewed by his wife in her own free will, whether or not she is entitled to say “and they are more deserving of their restitution”, and his right is not dropped. I revoked my return, dropped it, or did not come back, his right to review was not extinguished, as explained by Al-Tahawi and others, because saying this is a change of God’s law, and me So to him.
Chapter II
The kit
Section I
Its general provisions
Articles 155, 156
The order of the street strike for the expiry of the remaining traces of the marriage or its similarity, and its parking bars to prove at the band until this time elapses, such as the inviolability of the woman married without divorced, and the inviolability of an aggressor from the matrimonial home in which she divorced.
It is a public order in Islam and has embarked on two basic goals:
The first is to create the opportunity to rebuild the marriage that has collapsed, and in that Allah Almighty says: “You don’t know maybe God happens after that.”
Second: the maintenance of the genealogy, as the woman lying to put her pregnancy cut off by his father, or get reassured about the absence of pregnancy.
In many other literary meanings, such as keeping the memory of the marriage to the point where women regret the demise of the grace of matrimony in the death or divorce squad, since the blessing of marriage for women has the greatest impact and the greatest place in the comfort of their lives.
The Fuqaha ‘ are made up of the internship of women, although the man must wait until the inhibitor ceases if he wants to marry a woman whose marriage is prohibited by a temporary impediment, such as marrying his wife or other aggressor. Faqeeh Abu al-Laith stated in the Treasury of Fiqh that the pictures internship the man 20, quoted by the son of Najeim in the clear Sea, and Ibn Abdeen in reply al-Mehtar, but this internship of men not called several in the reform of jurists.
The project has been taken in the various reasons by the Hanafi jurisprudence, which is to avoid the division between the spouses after entering, the right seclusion, or the corrupt seclusion on the one hand is legitimate as fasting Ramadan-if the band is in a valid marriage as the band must after entering into a corrupt marriage. As for the death of the husband, real or ruling, the couple must answer them even if they are not alone or enter, to release the words of Allah Almighty: and those who die from you and weather husbands who are looking for themselves four months and ten, and the man is called a husband as soon as the correct contract, and the woman wife then even before entering, and because the Death is the fulfillment of the conjugal, and regrets the marital loss by the death of the man, and this is equal to whether the death before being alone or entering or after.
The TAP stated that if the death of the missing person was sentenced, his wife had several deaths from the time of death, as he died at the time of the examination, because the death was considered true, as stated in the guidance and the Fatah of the Almighty. In entering on suspicion without a contract, he did not see who had declared the commencement of the kit, and should be the last entry upon the disappearance of the suspicion, knowing that she was not his wife, and that it was not resolved, since there was no reason for the only entry.
Article 157
A. The expiry document of the pregnant woman in all circumstances is the general experience of the saying of Allaah: “The pregnancy is the burden for them to carry their pregnancies”, and the Sunnah was approved and planned for him, and the audience of the Sahaabah, followers, and after them, and the four imams, covered this general all cases and all The reasons why pregnancy rates are fixed, it deals with the pregnant woman in the cases of death and the band in the right and other marriage, and entering on suspicion, even if the situation after the band by a moment. Omar said: If she and her husband were placed on his bed, she would not be buried yet, and she would be married.
B-the reference in several verses to the Qur’anic text: “The divorced women are lurking on their own three villagers.” The menses is menstruation in the words of the caliphs, the rest of his companions, the owners of Ibn Abbas and the owners of Ibn Massoud, and the Imams of hadith, the doctrine of Abu Hanifa and his companions, and settled Ahmed doctrine, and the Zaidi said.
The opinion of Abi Hanifa was chosen in the shortest period of time for the expiration of menstruation is sixty days, and this estimate is apparent in the graduation of Mohammed bin Hassan to say in front of him, and in the graduation of Hassan also, and restriction of the modesty in the Coamal, to report that the Hydah does not count if the band falls during it, because it is not a Counted.
C-the original in several months to be considered the month from the Crescent to the Crescent, whether thirty days or twenty nine days. But this can only be done in all the duration of the period unless the divorce is signed with the Al Hilal in one moment, and only if the divorce is suspended on the crescent, or added to the first of the month.
If the divorce took place during the month, in the opinion of Abu Hanifa in the 90 days, every thirtieth month, and after the cancellation of the suspension and the addition in divorce it became impossible to achieve the divorce at the moment of Ramadan, and took the view of Abu Hanifa in cases 2 and 3 of paragraph (c), that the son of Njeim moved in the clear sea The months in the days of the day without the people when the kit starts during the month is a consensus between the Imams of the doctrine and the disagreement between Abu Hanifa and his friends in Ijara only.
D-in the Hanafi jurisprudence two opinions in several women continuing blood that are not usually known to them in menstruation:
The first is that it expires seven months from the time of the band, counting six months for three Athar, and one month for three periods, which is the chosen to work, and based on the exaggerated reserve.
The second is the three-month lapse, because women tend to see menstruation once a month, and this view is closer to reality and to justice, and it is one of the two novels of Imam Ahmed, said Ekrama, timed, and Abu Obeid, and approves the reign of the Prophet (PBUH), as the daughter of a donkey is ordered to sit every month Six or seven days in which all other menstrual provisions are confirmed.
E. Article 4 (c) of the TAP’s jurisprudence, except for the replacement of the Sunnah with despair, and he agrees to estimate the maximum duration of pregnancy as prescribed by this project, which is followed by the personal status laws and the people, i.e. the three periods of time of the year-elapsed, the kit is over, and what is seen Article 160 is written in this section.
F. Tapes in which divorce is considered to be a decision set forth in the following succession provisions: once they have been achieved, so that the fugitive inherits from the divorced, she is accustomed to the death of the longest, and, if it is longer, to the divorce, which is far-reaching, since it is because she is not present that her wife is not in existence. Since it is a legacy that shows the meaning of marriage, which entails a number of deaths, it is decided that the two sides should be accustomed to the two destinations, to be merged at the longest, and that menstruation should be considered from the time of divorce and not from the time of death, which is the doctrine of both parties: Abi Hanifa and Muhammad.
Rule 158
Several of her husband dies in a valid marriage for four months and ten days under the words of the Almighty: “Those who die from you and the weatherman are husbands who are lurking on their own for four months and ten.”
The ex-husband of her wife is a list of all faces, and if the divorced person dies during the course of the kit, she certifies that she is deceased, then she is subject to the sentence of her husband’s death in a valid marriage. Her nights since the death if she encounters a death by surprise of the month, or one hundred and thirty days after the opinion of Abu Hanifa advanced his statement.
In the event of a non-flight, the marriage after Baynunah or dissolution is interrupted in every way, and the Qur’anic text does not include the case (b) of this article, so that the kit does not turn into death.
Several of the deaths are observed in the introduction to the present chapter, which do not apply to the income in a corrupt marriage or suspicion, and it is not necessary to separate the band from the pregnancy, if pregnant at the time of the band, the birth status of the pregnancy, as provided in the article 157 memorandum.
Rule 159
The Imams of hadeeth differed from his income Baynunah junior, then married her in the kit, then divorced her before entering:
Abu Hanifa and Abu Yusuf said that she had several debutante, because the mere renewal of the contract, a aggressor after a previous entry, was a new entry, and if divorced she had several beginner who did not count the past.
-Muhammad felt that she had to complete the first kit.
-Exhale said: No several on them originally.
Tap jurists agreed to the corruption of “exhale” because it leads to the missing of the kit and the mixing of genealogy. The opinion of the two sheikhs had a hardship on women, which was built on a far-from-reality assumption. But the doctrine of Muhammad ibn al-Hasan is closer to justice, and is in keeping with reality, because the last divorce was issued before entry, and several of the first divorce must continue until it expires, on the basis of which this article was drafted.
Rule 160
The socket of this article determines the maximum duration of pregnancy, because the most important thing in the kit is to know the innocence of the uterus, and from its documents also that neither in the book nor the year determine menopause at a certain time, and it is true about the age of the persons who were divorced so she had a day or two and then rose her menses she waits for nine months It is a three-month pregnancy. This has been done between immigrants and supporters, and has not been denied by denier. Ibn al-Qayyim said in Zad al-Reaad: The most agreed on this, including: Malik and Ahmed, and Shafi’i in the old, they said:-lying most of the duration of pregnancy, then the number of the Aysa, then dissolved for couples even if she was a girl thirty years or forty
This is to the effect that at the age of Ibn al-Khattab and the approval of the predecessor and the successor, women are Ayse before 50 and before the fortieth, and their despair is not limited time for women.
Ibn al-Qayyim has long spoken, many texts, and clear evidence of the meaning of despair and suspicion in the words of the Almighty: “Those who are desperate to be tired of your women, if you arrange them three months later,” he said;
In determining one year, a comprehensive reserve for all cases, as determined by doctors, is to adjust and reform the system of work in the judiciary, and pay to lie in this serious matter.
Articles 161-164
Taking into account what everyone has come across, and in the interest of time, it is not obligatory for the deceased and not for her husband to take pride in the marital domicile, but rather the fact that each of them has the right to invoke it, and that the rule of article 161, paragraphs B, is limited only to the reactionary aggressor.
This is what the Qur’an text appears in the first chapter of the divorce and is supported by the fixed year. He was said by a collection of scholars and followers of the Sahaabah and after them, including: The mother of Believers Aisha, Imam Ali, Ibn Abbas, Jaber bin Abdullah, Abu Sha’ar, Omar bin Abdul Aziz, Salim bin Abdullah bin Omar, and Peacock, and the tender who said: The two go Hajj, the deceased, and the two of them are moving, and they are sleeping The ideology of Ahl al-Zahir, and others.
In article 161, it is observed that lawful periodic action is a ground for the departure of the aggressor, as if it were in female schools.
The avoidance of article 162 was made to include whether it was a sin on the part of a woman, and in this project he became confined to the case of the fathers of the non-biblical wife Islam, and was considered to have alimony, as she sequestered the right of the husband as long as it is in his promise, and the Sharee’ah does not force them to Islam, to say : “There is no compulsion in religion”.
Article 163 may be submitted in connection with article 76 and article 78, paragraph A.
Article 164 was painted in accordance with the doctrine of Abu Hanifa and his companions, who considered that the aggressor of death was not entitled to housing or other types of alimony, whether pregnant or not, not to her husband or to others, the king of her husband ended by his death, no money after death, no positive support for the heirs, or other deserving To leave it, because it is a marital effect and the marriage contract between her and the deceased, none of the effects of this personal contract must be on the non-committed person.
Chapter III
Compensation due to the band
Rule 165
The pleasure of every divorced “Ali”-the generosity of God and his face-, and syphilis, Saeed bin Jubayr, Abu Dumab, tender, al-Nakai, Hasan, and revolutionary, and Ibn Hazm.
Imam ibn Jareer al-Tabari says: “The pleasure is the right of a woman to be divorced, he does not absolve him from doing it, or innocently from her, and I see that he is locked up in pleasure, because God commanded pleasure, and he commanded Almighty.”
The Shaafa’is, and the Malikis, believe that the pleasure has begun to make the woman’s heart bereavement divorce, and to medicating herself from the pain inflicted on her because of parting.
Hence the new from the Shafi’i doctrine that the pleasure must be given to the divorced after entering, and the Shaafa’is considered that the band without a reason of the wife is like a divorce like the husband’s reply, and the fact that if the group of it or because of it, as its Islam, even depending on, or dissolution of the marriage with its defect, it is not fun, neither A. If she dies, or dies together, or the husband dies alone, because the obligation, which is the reason of necessity, has been negated in such cases.
In the books of the Maalikis, there is no pleasure to be hidden, no reconciliation, no one who made a defect, and narrated Ibn Wahab about Malik that choice, and the kingdom, have fun.
In this time, the nakedness of the merties, and the absolute need for aid more than the expense of the various, help them to lessen the results of the divorce in material terms, and in the pleasure to achieve the aid, while at the same time prevents much haste in divorce.
Since the original in the legislation of pleasure is the reparation of the husband for the difference, and the consolation of the generosity required by the Sharia, Allah Almighty says: “and enjoy them on the enlarged ability, and on the ability of the broom,” but no, no pain in a divorce was done with her consent, and there is no place to comfort her if the band by her request, or because of it, or when The husband’s insolvency, or death misfortune, article 165, paragraph b, specifies the exceptional circumstances in which pleasure is not to be met, and its paragraph (a) sets out the moderate criterion acceptable in the estimation of pleasure and its performance only if the parties have consented to the other, following what they have agreed.
Book III
Birth and its effects
Part one
Confirmed ratios
Chapter I
General provisions
Rule 166
There is no disagreement between imams of religion that the minimum duration of pregnancy is six lunar months, according to Ibn Abbas, to say: “And the campaign and the rift 30 months,” with Ezz said “and the rift in two years.”
The Maliki jurists unanimously agreed that, in the judgment of the year, it would be less than four, or five days, because it would be less than four months, and that there could be three missing, and the remaining two months after the full fourth were incomplete. If the shortfall is six days, it is the most, and it is true, that it is not the wisdom of the six.
The imams differed greatly in the maximum duration of pregnancy:
The Abu Hanifa and revolutionary doctrine is two years old.
The Shafi’i doctrine and Zahir Ahmed doctrine: four years.
In the fiqh of Malik: Four years were said, five were said.
Al-Laith said: three years.
Ibn al-Awam’s cult said: five years.
Syphilis has two novels: six years and seven.
Rabieh ibn Abi Abd al-Rahman, and some owner owners: six years.
Abu Obeid said: No limit to the maximum.
The virtual went on as nine months.
Muhammad ibn al-Hakam said: It is a year.
Most of these doctrines are based on incomplete extrapolation from the news of individual people, and the gift of pregnancy is not readily known, it may precede a long or short period during which menstruation is interrupted, it is thought that the whole duration of pregnancy, and the error and suspicion of calculating its duration.
The tap is based on the arrest of the mother of Believers Aisha, narrated by Malik for the news of his neighbour, Mohammed bin Ajlan, as I introduce Shafi’i and Ahmed, they are imams of hadith, and they are imams in the fiqh of jurisprudence, and to the sayings of non Aisha, explain that the issue is not a book or a year, and that the first to consider Appointed to make the maximum pregnancy a year, it is a good estimate, a thousand people, and is close to the opinion of Mohammed Bin Al Hakam, and has sufficient reserve for rare cases.
Article 167
Adoption includes an anonymous catch-up with the statement that the lineage is not real, as it deals with taking known lineage as the boy.
The people of the Jahiliyah knew, and the man was one of them if a boy liked to hug himself, and he made the rulings of relative filiation, and made him the luck of the son of his inheritance, and this continued in the bosom of Islam, until he was invalidated by saying: “And what made your pretenders your sons say with your mouths, God says the truth For their fathers is the most glorious of God… ” This heroes decided the correct year, including: The incident of Zaid ibn Harith, and the words of the Prophet (peace and blessings of Allaah be upon him): “Emma is a woman who has been brought to the people of none of them, not from God in anything, and God will not enter Paradise, and any man who is his son, and he looks at him, he protested on the day of resurrection and debunked him For the first two and the others. ”
In this way, Islam does not keep up with any adoption practices, nor does it recognize or act in any case, it is not consistent with the desire of those who want to create for themselves a manufactured paternity or motherhood, and to be adorned with a borrowed feeling, recognizing the proportions of children know for sure that they are not their children, whereas the texts of the Qur’an and Sunnah do not and purely civil, from the presumed paternity, filiation or motherhood, the project is to highlight the ruling on adoption, the preservation of genealogy, the protection of heirs, and the prevention of the evils, and certainly the lack of invitation, and the fascination in its means in the Islamic world.
It does not prove the proportions, no adoption is required for the adoptive child, no inheritance and no relative right.
Rule 168
A man may not be able to have a child of his own, such as: some cases of sterilization, or the removal of his sexual organs, or her laceration, and the proof of parentage in this case for the mere bed and the possibility of it is usually impossible, and the corruption of the receivables, and bad morals, led to the audacity to inflict the proportions of illegitimate children with husbands To Islam in show him to prove the lineage but keen on pure genealogy, as well as to cleanse the family from intruders, this article shows the lack of proof of parentage if it is proven that the man is not enriched, or the boy cannot come from it, to prevent congenital or sick, and when the dispute in that, allow the court to use the people of expertise to touch Lemin. The source of this is the Imam’s doctrine: Malik and Ahmed.
The books on article (142) are considered.
Chapter II
Parentage in the right marriage
Articles 169, 170
In the correct hadeeth that the “boy to bed” The Karkhi explained the mattress in the contract, and the other of the tap interprets the woman to prove the lineage of the boy if she came, and decide in the correct contract a percentage of the husband if born after six months and more than the date of the contract, even if the couple did not prove to meet Here. The latecomers assumed distant, and often bizarre, assumptions to make the impossible possible, justifying what they said, and increased their doctrine on this subject.
In the doctrine of Malik, Shafi’i, Ahmed, and the public of jurists, the mattress is in the contract with the possibility of entry. A war was narrated from Ahmed that the mattress was in the contract with the possibility of entry. A war was narrated from Ahmed that the mattress is the contract with the entry achieved, which is required by the rules and doctrines of doctrine, and was chosen by Ibn Taymiyah.
The project opted for doctrines that required the percentages to be able to converge between spouses. It appears that this is the fairest of the words, which is now followed, and prevents the audacity to append the proportions of children to husbands who have not met with mothers. If the marriage contract is correct, the minimum period of pregnancy is fixed, and the child’s lineage can be confirmed, and if it is established that there is no possibility of meeting between spouses
An example of a sensory inhibitor is the confinement of one of the spouses in a place where they are prevented from meeting or in other, as well as those who married a woman and then divorced her in the Council of the contract, or died before his absence from the people of the Council.
The legal prohibitions: such as fasting in Ramadaan, Ihraam for Hajj or nafs, and menstruation are not a sensory impediment.
The text of article 16 removed the following cases from the confirmation of parentage:
A. If the marriage and childbirth contract does not elapse below the period of pregnancy, and the couple is joined and entered, because it is not long enough to form the child from this spouse.
B. If the spouses are not found to have a continuous sensory inhibitor from the time of the contract until the birth, no matter how long between marriage and childbirth, because the reason here is to do the inhibitor, not short term.
C-If the inhibitor occurs after the possibility of convergence or after verification, then the inhibitor lasted more than 65 and 300 days, as if the husband was imprisoned after entering, the wife came born after a year of imprisonment and the establishment of the inhibitor.
D-if the inhibitor is still, and it is not between his demise and childbirth less than the duration of pregnancy. As if the husband was imprisoned for two years, then he came out and the wife was born four months after the date of his departure.
In all of these photographs, he was selected as a sine qua non for the filiation, which is not proven by the husband, but if the husband claims it, he did not say that adultery proves the lineage, taking into account the interest of the child and correcting the words of the sane person, by inducing him to make his statement on legitimate reasons of parentage.
The expiry of the contract in article 170 is intended to mean that the divorce shall proceed irrevocably, either one year, three or ninety days, depending on the status of the woman in the invocation of menstruation or in months, as indicated by the article.
The expiration of the declaration is that the aggressor has acknowledged the expiry of its menstrual period in a time-limit.
The aggressor is a retroactive divorce if it is considered to have elapsed by the duration of the period, or by a declaration, then the boy came less than six months later proved the lineage of this child from the absolute, even if the birth after more than a year after the date of divorce, the birth is considered proof of the return, and the marriage continues, because this aggressor in the rule The husband has the same meaning as the one who did not divorce her, and her cohabitation indicates a visible return. This is based on the doctrine of Imam Ahmed.
Article 171
What is meant by the aggressor: Baynunah includes a minor Baynunah or a major Baynunah, the aggressor of the dissolution of the marriage, since the result of the avoidance is a distinct band, although the husband’s own bullets are not diminished.
The dowry or dissolution does not solve the sex of the difference in the course of the kit, they are not able to be cohabiting except before the band, and the possibility of this cohabitation is lost in the sense of the aggressor, and then separated from the reactionary aggressor, it is necessary to prove the proportions of the baby born before the maximum period of pregnancy from the history of the band or a To death.
If the aggressor does not decide by the expiration of the kit, the offender is found to be guilty, dissolved or killed, when the child has been brought in during this period. If the child is born then it is not fixed in the mattress, but if the husband or the heirs of the deceased claimed it, and the conditions for establishing the filiation were met, it would prove the lineage.
If the term expires in a time-lapse period, the percentages shall be fixed, if the child has received less than six lunar months from the time of the acknowledgement, and for less than sixty-five and 300 days of division or death.
Chapter III
Lineage in a corrupt marriage, and entering on suspicion
Article 172
Bedding in a rotten marriage proves from the time of real entry, and no lesson in the date of marriage, married a corrupt marriage that does not prove the proportions of the child who married her unless she came to him for six lunar months and more than when he entered it, not until the contract, and all her children after that period are credited to him as long as he is sleeping without needing To be called by the man, and not to end: the mattress unless they leave their own, or differentiate between them the court, and after the irony or differentiation apply the provisions of lineage born of the aggressor of Baynunah.
The suspicion is like a constant and not a constant in the same order, and for the people in their divisions, and naming them, many terms, and the correct at the hanbalis that a woman who started a husband with no suspicion of a boy right in proportion, and stated that if two men married two women, then each one on the other husband wrongly, entered and carried The boy who got into it, because he thought the solution would follow the lineage, such as entering into a bad marriage, and as if she were not a husband. Or married a missing woman who was sentenced to death and then alive.
They said: If a woman starts a suspicion in a cleanse that her husband did not start with, then he retired until she comes to a boy for six months from the time of the child’s right to which he entered, without a proportion. If the child had been brought in six months in advance, the husband was in any case, for the record, that he was not allowed to enter under suspicion.
They dispersed between entering with suspicion and adultery that he did not believe the solution in adultery.
Imam Ahmed said: “Anyone who has been the one who has done so has inflicted the child on him.”
The project has been taken into consideration by Hambali, as it is closer to the interest in the genealogy.
Chapter IV
Acknowledgement of ratios
Articles 173-175
The recognition of the self-righteousness has made its rulings in the Hanafi jurisprudence a lot of good faith in people, and their condition to be righteous was a means to the harms of the heirs, to reach illegitimate purposes, and in the doctrine of Imam Malik what cuts the reasons for it, ensures the correct treatment of the complaints, and keeps the advantages of this acknowledgement in favor Of the family and society, the project derives from it, and from the rest of the four sects, the following:
1) in the admission of a man to filiation, true or sick, and whether the child is young or large, alive or dead, a percentage of the man is confirmed by the headquarters when the following conditions are met:-
(a) The headquarters is of unknown parentage, if the lineage of the August designated champion of the Declaration, because it is legally unattributed, such as whether it is established that the mother of this child is still a non-headquarters wife until she dies.
(b) The mind does not lie, such as the fact that the headquarters is not the one who claimed to be his son, so that the age difference between him and the child is not tolerated, because it is a lie of common sense.
(c) Not to be lied to by the habit, such as acknowledging that no marriage originally occurred, and that a boy in a distant country knew that he had never entered it.
D. He should not declare that the child was a adultery, so that the wrongful statement did not prove the lineage, because he denied the bedding.
ﻫ-The child will believe him if he is an expensive adult, and this is contrary to the Hanafi doctrine which requires ratification from the distinguished also, but it is the doctrine of Imam: Shafi’i and Ahmed, and the project has taken into account that the stage of discrimination does not get deep sight of things in all aspects, the discrimination in it is incomplete and does not satisfy the Results, the consciousness of which emanates from the mind of an unmatured, unfinished business, and it is in the interest of those who have not attained the legitimate mandate to prove a non-stop rate of ratification so that he benefits from the existence of his pledge, and is prepared between him and the sources of bitterness and resentment on society, and maintained of material and literary loss.
2. In an anonymous declaration of paternity, the above conditions must be met.
3. The mother’s admission of the child’s lineage takes into account the conditions for a man to recognize the child as well, not to be a husband, nor a person at the time of his birth.
4. In admitting the child to a mother, a condition is required in its acknowledgement, and if so, it is confirmed, as it is recognized as necessary, and it is not the attribution to others.
It is clear that the fixed ratios of recognition on this face are not negative, and are not transformed from one person to another, as prescribed in each fixed lineage.
Part two
Negation of parentage
(Al-Laban)
Articles 176-180
The Maliki scholars have made a statement that the cult is a ritual of Islam. It is a project for the preservation of genealogy, the payment of the Quran for couples, and proved by book, year, Measurement, and unanimity.
And how these verses came down: “And those who throw their souls and have no martyrs except themselves, one of them is the testimony of four testimonies to God that it is for the honest, and the fifth that God curse him if he is a liar, and the torment of it to witness four testimonies of God he is a liar, and the fifth that the wrath of God if it is a For the honest. ”
Malik, Shafi’i, Ishaq, Saeed bin Seeb, Hasan and Rabieh, Suleiman bin Issar, Al-Zaydiyah, and Ahl al-Zahir have gone to the right, and it is true of every couple.
The Malikis stated that it was a suspicion of marriage, but that the marriage was not proven, and that it was in a corrupt marriages, which the couple did not recognize, and between the sinners, and between the Muslim and the biblical, and if the child who accused her was dead.
Al-Shaafa’is said that the marriage is valid from the husband, even if it is considered to be, or as a photograph, the lineage is lost in the cases of Baynunah, entering into the wrong marriages, or suspicion.
Isaac Ben Mansour narrated Ahmed that all husbands, they are not. The group has provided the authors with this novel, and the contrary is abnormal in the transfer, and they have indicated that the child may be exiled after Baynunah.
The tap took precedence over the verdict in the referee, and built on their origin that he was not only in the right marriage, the boy could not be exiled in a corrupt marriage if he was born at six months from the date of entry, and stipulated that both spouses should be eligible to testify in Islam, puberty, mind, speech and no limit In libel, and the chastity of the wife at the time of her innocence even from the accusation of entering into a bad marriage or suspicion.
The need for a husband who is not correct to testify to the law, and to deny the child as a need to correct his testimony either. And what is coming down is what is called to play like the one who descends justly, and the sharia does not raise the harm of one of the two species, and makes him a relief and a way out of it, and let the other in the shackles and fetters, he does not sing, and may not dare to speak a great thing, and if he is silent on his ideals, he has narrowed the mercy that has been extended H His testimony, and this is what the vast and tolerant Sharia has.
In order to do so, the project chose the fiqh of Malik and those who agreed to it in the tapes of the party, and was modified from the doctrine of the tap, which stressed in these strips almost confiscate the man’s legitimate right to play and denied parentage, and therefore may be held in other conditions where the lineage is proven without an allegation, as a result of a mattress A bad marriage or suspicion, if the woman is not Muslim or not, or the man is not eligible to testify or shut up, and suffice it to be costly.
The seriousness of the issue of genealogy has led the project to a serious rapid path to its stability. He chose to deny the lineage of the child within seven days of the time of birth or knowledge, and it was obligatory to take action on the grounds within fifteen days from that date. The duration of the exile is al-Hasan’s novel about Imam Abi Hanifa.
Implicit recognition of the fact that a man has something to do is an indication of the recognition of parentage, such as the purchase of childbirth supplies, and the acceptance of congratulations.
The marriage of the two people in a new marriage was taken by the doctrine of Abu Hanifa and Muhammad ibn al-Hasan, because in the return of the marriage, it is the words of Ibn Musayyib, Ibn Jubayr, revolutionary, al-Nakai and Al-Hadi.
It has been observed that the annulment is not explicit in divorce, and the husband does not intend to divorce, and the band in it without his choice but by the rule of Sharee’ah, and the interest in keeping his own bullets, article 178 decided that the band is dissolved, and to this went Shafi’i, Ahmed, Hadawia, Nasser, supporter of God, and others.
The remainder of the provisions of articles 178 and 179 are on the Hanafi doctrine and are clear.
Part III
Suit lineage
Articles 181-185
The purpose of article 181 is to close the door to fraud and fraudulent actions, which can only be achieved by restricting the acceptance of a claim for recognition, by the fact that the acknowledgement of the filiation is fixed by a formal paper, or by a customary paper, all written at the headquarters line, signed by or certified as having been signed.
The filiation claim is not a valid case that the judge must hear, except if it contains the cause, from a valid or corrupt marriage, entry on suspicion, or confirmation of the filiation, in accordance with the provisions of this law.
Article 184, paragraph (a), stated that the contradiction in the filiation and paternity proceedings was due to the street’s keenness to prove the parentage, which was not tolerated except for them, and was preceded by a general contradiction in article 96.
The draft did not respect the final provisions of the ratios except for the parties to the dispute, sponsorship of justice and maintenance of rights. This is what we are doing in Kuwait, since no final rulings on the genealogy of false conversations (Court of Cassation-appeal No. 14 of 1979-Personal conditions-1980/1/5 session) were heeded. Supreme Court of Appeal on appeal No. 160 of 1978 1979/8/21 session the Sharia Supreme Court of Egypt was not contravened by any court of law, although the provisions of the filiation were considered to be an argument for all to be implemented by the Ministry of the Interior in matters of nationality, and the public interest was lost. A commitment to the pretext of res judicata between the opponents themselves is the fairest way after the common claims of false proportions.
Part IV
Breastfeeding
Article 186
The project has developed a general officer for cases in which the mother is required to breastfeed her child, it is not possible to feed him without her milk for any reason, and it was suggested that if he is able to nourish him without breastfeeding it is not harmful to him, the mother does not have to breastfeed if he does not accept other breast, nor in the absence of other breastfeeding, and that A. Agrees with the view of “Halawani” in the appearance of the novel at the tap of not forcing, and in maintaining the infant for sickness or loss first, and respect the will of the mother second, when this maintenance is achieved.
Rule 187
The cost of breastfeeding is considered to be from the child’s expense, and his expense is obligatory in his money if he has money, such as his expense of food and clothing, and if he has no money, his alimony is obligatory for his father who does not share it, so he must breastfeed him if he is able to make his left or earn it The child is obliged to his/her expense if the August does not exist and is due from the time of breastfeeding.
It is a valid religion that falls only with performance or exoneration, if the mother dies before a fist, her heirs had to claim him, as the one who left her, and if the August died before the mother took his leave as other debts, like the rest of the water.
Rule 188
If the mother nursing when the marriage is done, or in the divorce of a divorced or irrevocable person, she is not entitled to a fee for breastfeeding, because the husband is charged with spending it in the case of marriage, and in the case of several divorces or divorce and the meeting of two alimony at the same time, it is not permissible, for the husband’s alimony to do this Right. This is a tap doctrine.
If the mother breast-feed after the end of the marriage, the expiration of the kit or the death, she is entitled to pay for breastfeeding without a disagreement between the Fuqaha ‘, for saying: “If they breastfeed you their wages”, God enjoined the husbands to give their divorced women if they did, and because the mother in this case does not answer him (a) alimony on the August, for the dissolution of the marriage, and interruption of its effects by expiration or death.
If the breastfeeding is not a mother, it is worth the fee for breastfeeding in any case.
Paragraph (b) explained that the fee for breastfeeding was not due to more than two perinatal births, by the agreement of the Fuqaha ‘, when the young child reached the full two-year-round, the right to claim the wages of breastfeeding did not cease, and the fall of her right to remuneration did not depend on consent or justice.
Part 5
The Nursery
Rule 189
The nursery is meant for his upbringing, his care, his pledge to arrange his food, his clothes, his sleep, his cleaning, and all his affairs in which he has the right to be raised, and the right of custody is first established for women, then for men in the following order:
Mother, she is the most deserving of the people in custody, whether it is the wife of my young father, or divorced, when a woman came to the messenger of Allaah (peace and blessings of Allaah be upon him) said: O Messenger of Allah. This son of mine had a pot, a stone with Eve, and his breast, and his father divorced me, and he claimed to take it from me, and the Prophet (peace and blessings of Allaah be upon him) said to her: “You deserve it unless you are married.”
Because the mother was so sorry and able to endure the hardships of the children, the guardianship of the nursery had an interest for the young.
If the mother did not exist, or found and was not welcome to the nursery, the custody right was transferred to her mother. The mother is the mother, the mother or the August, and the woman is the employer.
Then to aunt the sister, then Aunt Lam, then aunt to August, then maternal aunt, offering that to August and mother, then to Lam, then which to August, if there is no aunt of the mother, the nursery moved to the mother of the August, then mother, mother mother, father, then mother of the August. The grandmother provides kinship on the dimensional.
If there is no grandmother on the August the nursery has moved to the August, then to the sister-in-hand, then to the mother, then to August.
If there is no one to be a sister, or to be found and not to be a nursery mother, she has moved to his sister-in-school aunt, which then Lam, then to August.
If there was no aunt, the nursery moved to his father’s aunt, to be provided by the sister, who then Lam, and then to August.
If there is no aunt of the father, the nursery has moved to the aunt of the August, to be presented to the sister, then to the mother, then to August.
Thus, paragraph (a) was worded.
After these are the nursery for the Guardian if the girl is male, if he is a female, and the chosen Guardian is a man, do not prove to him custody if he is not forbidden to her, and submit to him who was forbidden to her by a brother, uncle, or grandfather, and that Sheikh Khalil in the explanation, and adopted by the son of Abdul Salam in the “Tas For a time.
After the Guardian moves the nursery to my brother-in-court, to present the brother, then the brother Lam, then the brother of the August, if he has no brother, the nursery moved to the grandfather to August, then to Grandpa Lam, then to the nephew, then the nephew of the brother Lam, then the nephew of the August Then Uncle Lam, then the uncle of August, then the nephew, then the cousin of the lam, then the cousin of the August if the one who deserves custody is a boy, if a female does not have the right to custody if she tolerate politicization, whether the cousin is safe or unsafe, because it is not forbidden to her.
If the persons entitled to the Nursery are numerous, and in one degree, such as sisters and sister aunts, the judge chooses the best for the children.
The source of this article is the jurisprudence of the Malikis.
Rule 190
Women or men are required to be eligible for custody:
1. Puberty and reason, because both the small and the small, the insane and the insane, and the lunatic need the care of others, because they do not improve the affairs of themselves, how to entrust them to do the affairs of others?.
2. The secretariat to preserve both the religion and the money, as applied by the jurisprudence of the Malikis.
3. The ability to raise and maintain the child’s health and morals, if the woman or the man is unable to take care of the cuddled, there is no right for one of them in the nursery, as well as the old age that prevents the incubator from doing the affairs of the Young, and the incubator Islam does not require either or other, because the nursery building on Compassion, tenderness, and the difference of religion does not affect them, unless there is a danger to the religion of the child, that his child began to learn the matters of her religion, and became so reasonable, and found that there is a danger to his religion, in this matter falls her right to custody.
Paragraph (b) of the article stipulated that the Guardian should be a mahram for the female, and therefore the man did not have the right to custody of his cousin, because of the lack of such a right, which could lead to corruption and sedition, so as to prevent him from being given custody.
It is also necessary for the incubator to have a woman, such as a wife, mother, aunt or aunt, who is fit for the nursery because the man has no patience to raise children, such as women, if he does not have a woman who does not have the right to a nursery.
This is the jurisprudence of the Malikis, and it is taking the project.
Article 191
In the doctrine of Malik that the marriage of the babysitter without a mahram and the entry of the husband loses her right to custody, unless the husband knows about her marriage, and a public residence, and has no excuse to silence, and starts the year from the date of his knowledge, the period prior to the knowledge is not counted.
No less than his claim that he did not know that her marriage to a non-mahram was his right to custody, because such is not unknown to anyone.
Article 192
A non-Muslim incubator, like a Muslim, who has the right to hold her son, unless he has a religion, or is afraid to be accustomed to other than Islam, if he is reasonably religious, or fears that he may be brought up on other than Islam, he is removed from her
In any case, they are removed if they are seven years old, because that is the age of discrimination in the most general sense.
The source of this article is the tap Doctrine, which is the most viable in this time.
Article 193
This article determines that the right of custody does not fall in the projection, but refrains from its inhibitions, and it is due to its demise and known in the jurisprudence of the Malikis that the inhibitor of the entitlement to custody if it is an emergency, no income to the incubator, the nursery returns to it after the end of the inhibitor, although the inhibitor is optional, the nursery does not She returns to her after the end of the inhibitor, if the incubator had a disease that prevented her from custody, or travelled to perform the hajj, then recovered from her illness, or returned from Hajj, the nursery belonged to her, because the inhibitor was necessary.
If she marries a foreign man and enters her, and her right to custody falls, then the husband dies with a divorce or death, the nursery does not belong to her, because the inhibitor was by her choice.
In the view of the tap, the Shaafa’is and the Hanbalis, that if the nursery is dropped to prevent, then the inhibitor is still back to the owner, whether the inhibitor is necessary or optional, and the view was taken, taking into account the interest of the child, and because he saw the public.
Article 194
There is no provision in the Holy Qur’an, nor in the Sunnah of the Prophet, specifying the time when the nursery ends, and then the Fuqaha ‘ differed:
The TAP considers that the little nursery ends for the mother when she is not able to serve women, and she is estimated to be seven years old. It was estimated by al-Razi with nine, and the fatwa in the Hanafi doctrine on the first.
As for the girl, her guardianship ends at the age of his desire and is estimated at nine years.
According to Shaafa’is, a male or female child stays in the custody of women until he reaches the age of seven, and then all right between his father and mother, or between those who replace them.
The Hanbalis doctrine agrees with the tap in their right, which is from the seventh to the mother and then all right between his parents, which is true in the doctrine, and between the ninth of the girl to the famous opinion, and then the August the most deserving of it.
The Maalikis see that the boy stays at his mother, or replaces her in custody, until he reaches, and then goes where he pleases.
It is famous in the doctrine of Malik that if the boy reaches insane, or time, his custody of the mother fell, and his expense continued to August.
This corresponds to Ibn Shaaban’s statement: “The duration of custody in the male until puberty is reasonable and not time.”
As for the girl, she stays in the custody of her mother, or replaces her in custody, until she marries, enters her husband, and therefore if the marriage contract, the husband did not enter her custody, as well as if divorced before entering, she kept her custody, and did not drop the contract on her.
It says in the code: The girl is at the mother, at the grandmother, or at the aunt, depending on the circumstances, to reach the marriage, and fear for it, if the amount of the marriage, and it is considered, if its mother in a score, prevent it, and immunization, she had the right to Tanakh, and if she reached the age of 30 or 40 , if the girl is kept in the position of the incubator, and is not immunized, prevented or otherwise unsatisfactory, the maid will include her father, or her parents, if he is in the place where he has sufficient and a score. ”
From the language of the Malikis, this article was drafted, expelling the work.
Article 195
The decision is made that the wali of the court must undertake, and look at his circumstances, and he cannot do so if the incubator travels to another state to reside in it, if she wants to travel he may remove the one from it, and so for the Guardian if he wants to travel with a cuddled to stay in another country.
Thus, the provision in the article was made, taking the doctrine of Imam Malik.
It is self-evident that both the incubator and the Guardian have to travel by cuddled for walks and others, or with the permission of the other.
Article 196
This article regulated the provisions of the vision of the child, making it a right for both August and grandparents only, and stated that the original in the vision to have the boy in his hand, and when not agreeing on the time and place of view the judge appoints a periodic date and a suitable place, and takes into account the location where the rest of the child’s parents can see it, In the hope of empathy and family harmony and kinship, and so that there is no room for any impurities in the psychological distress.
Articles 197-199
According to the great explanation of the drdir in the jurisprudence of the Maalikis:
“A mother or other must receive his expense, his clothes, his cover, his clothes, all that the child needs, not my father to tell her send him, to eat them, then it is up to you, because of the damage to the child and the disruption of his maintenance, the damage to the incubator of the problem, and has no consent August on it to harm the child…”
“In the case of housing, the doctrine of the fatwa, which has the opinion that it is August to both the Guardian and the incubator, is not diligent.”
The house is made up of the alimony due to the young, taking the famous in the Maliki fiqh, and the incubator does not have to do anything, unless the incubator owns a dwelling in which to reside, or is allocated for housing, it does not deserve the wages of a dwelling for the child.
Article 199, paragraph (a), stated that the incubator was not entitled to a custody fee if either, and the marriage existed between it and the father of the child, or whether it was a retroactive or irrevocable divorce, because it had alimony, or alimony, and did not combine two expenses, since the cost of the nursery was almost alimony, but deserved it after the expiration of the count Legitimization.
The source of this article is the tap doctrine, because the Malikis consider that the incubator was either a mother or a non-deserving of a foster care, whether a wife or divorced woman. He narrated about “grizzled” saying: The August does not cost with alimony to the child alimony on the grandmother and mother, and not her guardianship, but the child’s alimony in particular.
If the non-parent incubator has a nursery fare, it does not contribute.
Paragraph (a) also stated that the incubator was not entitled to a nursery fee during the period of pleasure imposed on the young father.
Paragraph (b) indicated that the incubator was entitled to a nursery school fee until the young woman, who was seven years old and nine years old, was not allowed to serve women, because the nursery was an act of work, and it was the duty of the child to pay for it, and from the legally prescribed rules, the work of the other was performed On that other, unless he was a donor.
The incubator is not entitled to a nursery wage after this age, because after that the child performs many of his affairs, and has times for delivery or work, the task of women is closer to supervision and care of them to the nursery.
Section VI
Expenditure of relatives
Article 200
The Fuqaha ‘ agreed on the principle that alimony should be reserved for the relative, but they differed in determining the positive kinship of spending.
The Malikis and Shaafa’is consider that the alimony of relatives is only answered between relatives in the lineage column. If they differ in this regard as well, the Malikis consider that it is obligatory for the child to be male or female to his father and to the adenine nation, and to August to his son a male or female, the mother does not answer her child’s alimony, and does not answer to other male relatives.
Shaafa’is consider that the maintenance of the assets of their branches, and the branches of their assets are not restricted to a degree, because the assets are fathers, the branches are boys.
The tap went on to the fact that alimony is obligatory for all those who have mercy, and the relative is not haraam, so it is not obligatory to support him.
Al-Hanbalis said that the maintenance of the assets of their branches, the branches of their assets, and the other relatives, but provided that they are heirs.
The introduction of the doctrine of Shaafa’is was considered to be a maintenance of relatives only assets, altitude, branches and, in recognition of the power of kinship.
Article 201
If the asset is poor, whether August, mother, grandfather or grandmother, on the August, or on the parent’s side, and has a male or female-born solvent, the expense of food, drink, clothing, housing, and treatment, which is included in this expense of the servant to be needed, to be a patient, a large elder, or the like, as well as The fiqh of the wife of the non-mother August, if he needs it, she must answer the branch.
It came at the end of the needy: the branch must alimony the wife of the parent if Aavafah, and if the parent needs to marry, the mother’s alimony is obligatory in any case.
The inability of the asset to earn is not required, so long as it is in need, even if it is able to earn, it has its expense on the branch, and this is the doctrine of the tap, because in carrying the August to gain with the richness of the branch hurt him, God ordered us to charity to the parents, and not to harm them, and because Islam made the L: “You and your father’s money”.
When the children are multiple, they must maintain the origin according to their left, saying in the Hanafi, and famous for the Maliki.
Articles 202, 203
If the child is poor, young or old, male or female, his/her expense is obligatory for his or her wealthy father.
The branch is required to be unable to earn a profit, because if it is able to earn, it would have earned it, and it would not have been doom if it had not been spent on its origin.
The inability to earn is a small, feminine, because the female’s origin is not to bother the work, and the father does not have to pay it, unless she is actually acquiring a job, or from a craft, such as sewing and so on, she is earning it, and she has to alimony herself, if she does not earn it or not enough to earn it, her expense To her father, or to the following of her origins, until she marries, her expense to her husband, if she divorced, and expired, and she needed, her expense returned to her father, or the following to spend on her, and is incapable of earning a “seat” who cannot work, the illiterate who does not improve the industry, and the students of science who occupy the education Learn about earning, provided that the student of science is successful in his educational life, if he is not to ask for knowledge, he must seek his livelihood, earn to spend on himself, and not be the other. Maintenance is maintained on the poor, helpless child, so that they do not earn a profit or money.
If the August is insolvent, capable of earning, but has not been facilitated by an act of acquiring it, or is pleased with an act of money that satisfies him or her needs, and the need for the alimony of his children, in this case he is obliged to alimony for his children, but is not ordered to perform, but the mother is told to perform, if she is wealthy, Her return to their father if it is easier, and if the August is absent, and the alimony cannot be met.
If the August is poor, incapable of earning a disease or old age, or any impairment that is incapable of earning, it is considered a non-existent, and alimony is obligatory for other children’s relatives at their father’s.
If the August and the mother are insolvent, the alimony must be provided to those who do not August, and that is a debt to the August is demanded if it is easier.
The source of these two articles is the tap doctrine.
Article 204
If the persons who are entitled to alimony are multiple, and the left of the alimony must be all sufficient, he shall give his wife or his wives, because the alimony of the wife, other than other relatives, is the consolation of the link, then the young boy, then the old boy, then other than the time, then the mother, then the August, and then others They have what they can do with alimony, and this is a follow-up to justice.
The origin of this is what was narrated that a man came to the messenger of Allah-peace be upon him-he said: O Messenger of God: I have a dinar, and he said to him peace and blessings: You believe him on yourself, the man said: I have another dinar, the prophet said to him: You believe him on your wife, said the man : You believe it on your son. In another novel, The boy was presented to the wife-the man said: I have another dinar and the prophet said to him: You believe him on your servant, the man said: I have another dinar, and the Prophet said to him: “You are seeing him.”
In another hadith, the Prophet (peace and blessings of Allaah be upon him) said: “Start with yourself and you will believe it, if you prefer something to your family, then if you prefer something, then you will prefer something about your relatives, so this is how you distribute it in people.”
Article 205
The provision of this article takes into account the work of the courts in Kuwait, and the provisions of the personal status laws prevailing in the Arab countries, and if the Hanafi doctrine has a disagreement in attributing the sentence to the day of its issuance only, in their reasoning, to exclude the period if it is less than a month, they said: The judge should be able to See his judgment, and this time is sufficient for the judge to be handed down.
The implication of this reasoning is that the maintenance applicant is not harmed by the obstacles that impede his right to alimony from the day of her request, nor by the procedures instituted in the system of pleadings that delay the dismissal of his claim. He must preserve his right from the date of the suit, or consent to it, and shall be deemed to have been discharged only by performance or discharge.
Article 206
This article does not flow between the child’s alimony to his father, and the religion of the August on the foster mother, if he has a religion, to maintain the child’s life, and for fear of harm, because the child is entitled to this alimony, not the mother, so she did not require insolvency to prevent the set-off at the child’s expense, but Students August alimony on the child, and the mother pursues her money on her.
It is planned that the revival of the money is provided on the funds, many examples of which are in many jurisprudential areas.
Article 207 stipulates that the provision of article 79 of this Act shall apply to relatives ‘ maintenance.
Section VII
Self-mandate
Articles 208-212
Before completing his qualification, a person is called a minor, whether or not all of this capacity is missing, as in the stage between discrimination and maturity.
A minor from the time of his birth to three states:
First: guardianship, already spoken.
Second: the mandate to maintain and maintain itself is unrestricted. A legal attainment is by the appearance of known natural signs, when it appeared to be an adult, without a certain age, and if its appearance was delayed, it was considered to be a 15-year-old sentence, both male and female.
and third: financial jurisdiction, proving to the young, the insane, the blind, the heedless, the silly.
In all cases, the minor is in need of a person who is responsible for his or her affairs, so he or she must be appointed.
The mandate has two types:
Mandate on the self, the mandate on the money.
Here we confine ourselves to the guardianship of the minor and himself, such as marriage, education, medicine and work, which are closely related to the family, and which is based on the Guardian being careful, able to care for the minor, and the maintenance of his rights, so that the original in the state was taken over from the family by the relatively closest people to A minor, such as a young son, a madman, a August the head of the family, usually makes people aware of the interests of his children, their future, and the very seriousness of the street, thus making the state the first to the father, then to a grandparent, and when they are not present, the State shall be in the order of inheritance, provided it is haraam, Degree and strength the court chooses whom it sees, if none of them has appointed the court from others.
It is a matter of argument that if the incubator and the Guardian differ in other than in relation to his service, it is for the Wali, as in his orientation to a craft, or a particular type of education.
If the task of the Guardian is to work on behalf of the Young in himself and his money, then he must be eligible, by being an adult, sane and faithful, united with him in debt, capable of protecting his interests.
If the Guardian has lost one of the said conditions, the power has been denied, which is by a court ruling at the request of the minor’s interest.
If the August or grandfather does not exist, the guardian of the minor has not been appointed, or the state has been robbed of the wali, the court shall entrust the placement of the minor to a secretary or a charitable entity until his guardian is appointed.
Section II
The commandment
Part one
General provisions
Chapter I
Definition of the will, its corner, and its strips
Articles 213-225
In article 213, the commandment was defined as an act of inheritance added to the post-death. This definition is more comprehensive, and has been set out by the older jurists, some of whom have defined it as a donation added to the post-death, some as a name for what the recommended in his money after death, and these definitions do not include some wills, such as the commandment to divide the estate between the heirs. But the definition of the law includes all wills, it includes the titling, the projection, the salary report, and includes the division of estates between the heirs of the deceased, and includes the commandment of benefits without the objects.
The Guardian’s corner is stated in the first paragraph of article 214, namely that it is held by the phrase or by writing, and if the trustee is incapable of them, the commandment shall be made with his written reference.
The decision at the tap is that the act arises by the phrase if the disposer is able to do so, and does not enrich the writing of the phrase unless the contract is by correspondence, because the problem is not possible in this case, the writing is in place, and this is because the original in the semantics to be in the words, it is transmitted to others only when the deficit, The person who was the one who was incapable of the phrase was a mute and the one who arrested his tongue, the written reference or the writing was the place of pronunciation, and if he cannot pronounce, and does not know the writing in the doctrine two opinions, either that the contract is not allowed by reference and the second that the reference is sufficient.
The law was done on the basis of the tap doctrine, only between the holding of the commandment by the phrase and the writing, and did not make the creation by writing when the phrase was not possible, but made the commandment by the phrase and writing, and did not make the creation by writing when the phrase was not possible, but made the will to sign when the deficit For the phrase or writing, and in the novel The permissibility of writing, and then read it, this conforms to the doctrine of Imam Malik, and saying in the doctrine of Imam Ahmed.
The second paragraph of article 214 provides that, in the event of a denial in incidents occurring from the date of operation of this Law, the Act of probate is not heard or referred to after the death of the person recommended, unless there are official papers, all written in the deceased’s line, and his or her relatives, indicating what has been said, or whether the probate or Hunger is certified as the signature of the recommended and, if necessary, the verbal commandment may be attested by the testimony of two justice witnesses who attended.
Applicable in the State of Kuwait in personal status, including the commandment is the provisions of Imam Malik’s doctrine, which provides that the will may be proved by any legitimate evidence, such as legal evidence and others.
However, the preceding paragraph required the hearing of the commandment, or the return of the said after the death of the recommended in case of necessity, one of the following:
A-the will or the return of the will be fixed by official papers.
(b) The will or the return of the commandment is written in whole or in the line of the deceased, as well as indicating the foregoing.
(c) The probate paper must be authenticated by the signature of the recommended person and, if necessary, the verbal commandment may be attested by the testimony of two witnesses present.
He argued that the case should not be heard or reversed in the circumstances other than those mentioned, namely that his followers were encouraged to be reassured, that the religious motivation was weakened, and that it arose that the claims of false wills were increased after the death of the recommended, and that death had prevented him from approving or denying the commandment, and the heirs might not know the truth, and Easy to prove the commandment with false, fabricated certificates.
To be absolutely false, and false commandments, it was suggested that only previous cases should be heard, which was not against the Shariah, and did not deviate from it.
The hanbalis went on to say that the commandment was a year, taking the words of the Prophet (peace and blessings of Allaah be upon him) “What is the right of a Muslim with something to recommend for two nights but his will in writing
The Guardian has the right to devote the judiciary to time, place and incident. In providing that cases are not heard in cases other than those mentioned, people are urged to document their commandments officially, to write them all in their own handwriting, to sign them, or to certify that they have signed them, and not to entrust people with what is hard for them, there are means, and people are more aware.
This is all when the will is denied.
When they are recognized, they are heard in other than the cases mentioned, all in normal cases. In case of necessity, he was the recommended travel, and recommended that in such a case the will be proved by the testimony of two witnesses, who attended the recommended, and he recommends, do not accept the testimony of those who did not attend, all this after the date of the work of this law. The meaning of the verbal and other reference in article 228 will come.
Article 215
The subject of this article is the condition in the motive of the commandment: the conditions in the commandment are types. of which are attributable to their motivation, including as a result of their wording, including those attributable to the recommended, including those attributable to the recommended, including those due to the recommended, and all in the optional and not the obligatory commandment.
What is motivated by the article–and what is meant by motive–is the reason why the recommended person has given his will to issue his will–if the commandment is issued, the factors that led the recommendation to recommend the recommendation should be sought, considering what it required and the author’s circumstances, and if it turns out that the insult B. which he paid to the recommendation is illegitimate and contrary to the purposes of Sharee’ah, and he did not intend to be good and no legitimate interest, the commandment was void.
What is meant by the motive contrary to the purposes of the street is what makes the commandment haraam or objectionable.
The commandment, which was created for a mahram, is the commandment of a forbidden order, such as the will of gambling clubs or of a discotheque.
The commandment, which is not in itself haraam, is a permissible titling, but its motive is haraam, such as the will of his concubine, to ensure that he continues with him the forbidden situation between them, and as the commandment of the people of debauchery, to use their debauchery, and to invalidate the commandment by sin, the tap, the Malikis, the Shaafa’is, the Hanbalis, Al-Zahir, the Ja’fari Shia, and Zaydiyah, the nullity of the commandment by sin is the subject of an agreement between the doctrines.
The law has done that the commandment will invalidate whether it is haraam or objectionable, as is the doctrine of the tap-and the forbidden Prohibition is considered haraam when it is not the tap-but the tap does not make it haraam, but they give him wisdom. The will with money buys a wine, or a thousand dinars to buy a shroud, or with the money of adopting a dome on his grave, or to build a mosque around the tomb void, because it is haraam or objectionable-and the hated is not invalidated by the will.
The article as mentioned includes the commandment of the Darar, stating that it is void-and the general public that the commandment, if it is one-third, or less, and a non-heir was not the will of the Dirar, does not invalidate whatever the purpose of the recommended, whether with a little or a lot of money, damaged by his heirs or not Making the commandment a will for harm if it is intended to damage his heirs, albeit less, than one third or to an alien, and that the orbit is on the intention of the gene damage, if he did not mean it was not a will dirar.
This is the verdict in the Muslim commandment.
As for the non-Muslim commandment, the last paragraph of the article stipulates that it is valid only if it is haraam in the Islamic sharia, and the commandments issued by non-Muslims may be close to his law and in Islam, such as the commandment of the Holy House, or to the poor Muslims, the will of the poor is near in all religions, and The fact that the commandment is haraam in Sharia law and in Islam, such as the will of the singers and the prophets, and the commandment is void, because it is a sin in all laws, and may be the will of what is close to them, not the closeness in Islam, and this closeness may be forbidden in the Islamic sharia, and may not be, the will of the Of the Christian religion, and the apostasy of Muslims in its proximity to non-Muslims, but it is forbidden in Islam, it is not valid to work in it, and such a commandment is void for violating the Islamic sharia.
The added, suspended, or associated commandment:
Article 216 stipulates that the ruling of these wills is correct, whether the condition is true or not, subject to the provisions of Article 213 of the Probate of a sin, or which is motivated by the purposes of the Shariah.
The formula establishing contracts and dispositions is to be either completed, suspended or added.
It is a sign of the establishment of the contract and its presence immediately, such as buying and selling.
The addition to the future is indicative of the establishment of the contract immediately, but its provisions are delayed to a future time, such as a lease to be held immediately and implemented two months later.
What is outstanding is the order of existence of the contract that is not impossible to fall into the future.
It is clear that the will does not take place in a completed format, because its effects are delayed beyond death, it is only valid to add to the future, or to be suspended.
The law permits the wording of the will to be accompanied by conditions, some of which must be considered, and some of them repealed, so that the right condition, which was in the interest of the trustee, the recommended or otherwise, was not terminated, was not contrary to the purposes of the Shariah, and the invalid condition was removed.
An example of a condition in which a guardian has an interest in the execution of wills with the loss of Zakaah or Hajj, and an example in which he has a vested interest, is to start from the will to repay his debt, and the example of the interest of others is to recommend an expense to one of the authorities to be the right of those who do not find a dwelling of their descendants
An example of the conditions that are terminated is that the wills of a certain amount of money shall be required to be paid for the products or singers.
An example of a condition contrary to the purposes of Sharee’ah is to recommend to a person, as long as they are single. According to the article, the invalid conditions do not affect the validity of the commandment of a sin, and it is invalidated, as previously, if the presumption is not met and the requirement is invalid, and the commandment is correct.
The right condition is taken into account as long as the interest in it exists, in the sense that it is in the interest of a person, and if someone recommends to the poor a sum spent in their cloth, and their interest in it, and if it is in their interest to take money or food, give money or food, the interest is vested.
Article 217
What is meant by who is to donate the wise, rational, non-interdicted to snuff or inattention, and therefore the will of the boy who does not discriminate nor the wills of the madman, or the lunatic and the unconscious, this is the subject of agreement between all imams, because they have no desire, and not a significant phrase, their wills will be void by agreement.
Also, the drunken will is not valid, if he recommends a sugar case, because he is neither sane nor willing, this is the Malikis, Hanbalis, and Ja’fari Shiites, and the tap went to the health of the drunken commandment, restraining him and considering his intention. He is drunk knowing that he may come from the commitments to his intended purpose, so that if he is drunk with a mahram, but if he is drunk without a mahram, the drinking of intoxicating for Tadawi His will is void, because of his absence, and that is what the Shaafa’is also went to.
As required by the article that the recommended should be eligible for donation, the commandment of the impeller, Hazel and the sinner is incorrect, which was the case of the four imams, the Zaydiyah and the Ja’fari Shia.
The guardian of the snuff or inattention of an eighteen-year-old will be void unless authorized by the competent court prior to its receipt, or leave after it has been obtained, since the age of majority under Act No. 4 of 1974 is twenty-one years old, and if the recommended insanity happens after the will, it is a madness applied , who does not get his recovery before death, and continues to death the will of the will, according to the doctrine of the tap, although not applied, does not invalidate, which is the doctrine of Malikis and Hanbalis.
The will of the apostate is disputed between the imams, for the Friends of Abi Hanifa: Abi Youssef and Muhammad that the commandment of apostate and apostate prize, Abu Hanifa said: The commandment of the apostate prize, because it does not kill, and the will of the apostate false if he dies. On his apostasy. The Maliki, the Shaafa’is, and one of the priests for Abu Hanifa that the apostate and apostate will be suspended, that the deceased on apostasy stopped. And if they return to Islam. True this view is perhaps the fairest of opinions.
Articles 218-221
In addition to the provisions of article 215, the Law stipulates the terms of the recommended and related articles 218-221.
Article 218 stipulates that the recommended requirements are two conditions:
First: to be known.
2. To be present at the will if he is appointed, if he is not specified, he is not required to be present at the will, nor the time of death of the recommended.
Article 219 stated that the will of the mosques, charitable and other institutions of righteousness, scientific institutions, and public interests is correct, and acted upon its architecture, interests, poor and other affairs, unless the Guardian bank has to know or signify it, as the will of Allah Almighty is correct without mentioning a particular entity, The acts of righteousness are without the appointment of one, and then they are in good ways.
In article 220, it is stated that the commandment of a certain land point does not exist, but that there will be a valid future, if it is not possible to exist, the commandment was spent to the nearest homonyms of that entity, according to the Hanbalis doctrine.
Article 221 stated that the will is valid with the difference of religion, denomination and the difference between the two countries, unless the recommended country is affiliated with an Islamic State, and the recommended non-Muslim in a non-Islamic country prohibits his sharia from the will of the trustee.
It was stipulated that the recommended person should be known and present at the will, if a particular agreement is in place between the doctrines, and the appointment of the recommended person may be by reference to him, in which case he can only be imagined to be present at the will, and may be by mentioning his name, whether one or multiple, and may be mentioning a competent adjective by a person Trustee, for the indication of his name on him, and that he was recommending a person to carry the woman, or to carry this women; or to the eldest children of that age, or to the first born boy, or so descriptions, in these circumstances all the law requires that the recommended be present at the will, with the exception note of the Righteousness, if recommended to a certain party A.
The validity of the wills of certain charitable establishments that do not exist is the doctrine of Hanbalis, and the Malikis.
At the Malikis, the recommended pregnancy is not required to be present at the will. The will is valid for non-existent salaries, which is an exception to the requirement of article 218.
Articles 222-225
The law mentions the recommended conditions, and the related articles in this article 222 stipulate that the recommended three conditions are:
(1) It is to be inherited, or it is valid to contract the life of the recommended.
(2) It should be what the recommended if it is money.
(3) He must be present at the will of the king of the recommended if he is particular.
Where inheritance takes place, money that is owned, whether real or movable, or a right that is inherited, such as debt owed by debtors, proceeds, by the death of the creditor to its inheritor, whether it has prepared funds or a financial right, and also addresses easements, namely, traffic rights Drinking, education, and the right to drink, because they are all financial rights that are transferred by inheritance, all that is mentioned the place of the recommending, the will of the estate, and movable, whether under the hand of the recommended, or under the hands of a deputy, the tenant, the depositary, and the borrower, as well as the will, if recommended in the hands of the It was the will of the debtor or of others, and it is valid for construction and grass, even in the land of others, and there are rights necessary for its assignees, which continue to be transferred to the heirs, with their assignees and according to them, they continue their shops only by waiving them, such as the right of choice, the right of option, for the reason of the defect Imagined to be recommended to other than the hereditary.
It is not money to contract the life of the recommended, as the benefit is not inherited, but it can be the place of the recommended contract of his life, owned by the Ijara contract, the loan contract, the Waqf, as well as the right to postpone the debt, and to turn to the heir for him, but it is suitable to be the place of commitment and contract of the creditor, the debtor is deferred to the debt and needs the term. It is therefore true that the will to postpone the debt, the innocence of the religion and the commandment of innocence from the bail.
The article stipulates in the recommendation that the recommendation should be the same as the money, i.e. that the recommended and recommended Sharia law should be the same if it is money, because the description of the property is in the funds and not in others.
And the one who was valuable when attacking him, and that only in the money owned, because the money owned by it what is, and from it what is not, the wine is money, but it is not based in the sharia of Islam.
Therefore, it is not right for a Muslim to recommend alcohol even for a taste.
The benefits in the law are derived from the funds, the validity of the will must be the same in the Shariah of the recommended, based on the said condition, the will is valid for the residence of a house, because it is a non-profit substitute for money in the Ijara contract, and the will is not valid in the shadow of a wall because it is an unclouded benefit
The third condition is that the recommended is present at the will of the recommended king, whether specific or individual. Like the will of this House to this, or with this sheep, or the sheep that I own now, for example. This requirement is subject to agreement among jurists.
If the recommendation is not specific to the personality or in particular, it is not required to be present at the will, but is required at the time of death. If he dies and has no books, his will is void. It was stipulated that the recommended at the time of the recommendation should be the property of the imam if it was the doctrine of all Imams.
If the recommendation is a common part of a particular money, its presence in the recommended king is a condition when the will exists-but there is an issue where the will is determined by the absence of the recommended at the time of the will, and not at the time of death, if he recommends a grove, if he dies and not in a grove yields the will As long as he is alive, and if in the grove yields time of death, the will was in the existing yield, and in the future yields, as long as he is alive, because the will to yield such as the will of the benefit, which is permissible, although renewed after the death of the recommended, and because the yield name of the present at the time of death Ruling on whether the fruit of a grove is recommended, according to the doctrine of Shaafa’is, who do not differentiate between the will to yield and the fruit, unlike the tap doctrine, who differentiate between them.
Article 223 is a breakdown of what is stated in article 222, as it is devoid of rights that are transferred by inheritance, and according to al-Maliki’s doctrine the source of the material is the name of the money spent in the building of the Waqf, or in the exchange of Waqf banks when they need it, and the absence of rent to stop the benefit paid for it, and really For the priority of staying in it, the Malikis has mentioned three pictures:
The first is that the eye of the Waqf is destroyed, so that the Waqf manager rents it to his people, to be a partner of the Waqf by increasing his architecture, if she leases like the building with 100 dinars, for example, and then leases two hundred, the owner of the building was a partner for the Waqf in the right half and named his own free.
Second: To have a mosque for shops, for example, and I need the necessary architecture, and there is no revenue to be baptized, the beholder to the tenant of shops, and take away the amount of the mosque, and in exchange to reduce the rent of shops in half, for example, and then the utility of shops is a company between the tenant The suspension is equal, and the tenant’s own is called free.
The third is that the Waqf has a space, and the beholder wants to build it, paying it to a person to reside on the building of his money, he has the right to stay for a fare paid each month however in exchange for the use of the land of Waqf, and then the tenant is a partner to stop in the benefit of the eye for what he paid in the construction a free.
They have–the Malikis–that it is permissible to dispose of it by selling, gift, and wills, and by inheriting the inheritance upon death, except for the absence of rights that are passed on by inheritance, which is described in the words of article 222, and the absence of the Hakar, which is the absence of its provisions.
Article 223 details the first paragraph of article 222 or its application.
The validity of the will is to lend the tap doctrine, and two things have been observed: one is that it entails preventing some of the estate from being inherited by a period of time in which they cannot benefit, so the commandment must not exceed one third of the estate, since their right to two thirds should have a property and benefit from the time of the death of their gene. I recommend lending it to one third of the estate, the will has ceased in excess of the heirs ‘ leave.
Second: lending is almost offset by the fact that the recommended will be repaid as a loan, and if the tap is allowed to sell and gift, it is consistent with that commandment to lend.
If the will to lend is a testament to the benefits, it is restricted to a known term, and the will is bound by the benefits, unlike the life loan, the term is not necessary in the Fuqaha ‘ community, unlike the Malikis who have determined that the term is required if a known time is stated, or the general habit has been established for an unknown term, since A. The time has not been mentioned, or the money the lender has traditionally performed in such a manner as to be cultivated, for example, is delaying its performance to harvest time.
Article 225 allowed the deceased to divide his estate according to the legal inheritance between his heirs, so that each of the heirs would be assigned to his property, so that he could organize his estate, divide it between the heirs as he saw the interest in him, and eliminate the difference between them on the partition after his death, and for the vulnerable to Inherited from being under their hands from the estate, the money that is hard for them to exploit and the will be necessary for the heirs without the need to leave them unless he has favoured in dividing some heirs in favour of more than his share, it depends on the heirs ‘ leave in excess of his share. The source of this article is what some Shaafa’is and hanbalis scholars have said, and which is provided by the Malikis.
Chapter II
Nullity of the Will and the return of the commandment
Article 226
The will is invalidated by the death of the recommended life of the recommended, because he owns at the death of the recommended or when he accepts the will, which at that time is nonexistent, and he is not eligible to possess, this is the saying of the most scholars, and has narrated the saying about Ali, and the syphilis, Hammad bin Abi Suleiman, Rabieh, Malik, Shafi’i Singer for Ibn Qudaamah.
In “Hattab” the death of the recommended in the life of the recommended invalidate the will has the knowledge of the recommended death or not know.
As the death of the recommended life of the recommended loss and the absence of the life of the recommended also, to be invalidated by the will, as if the recommended establishment of establishments, school or hospital, cancelled and removed from the existence of the life of the recommended, the will also invalidate in this case, because of the lack of a situation that is not thought to exist afterwards.
The will also invalidate the commandment if, without, there was no when the recommended death and the recommended died before his presence, and after the death of the recommended, that was recommended to a person in the residence of a year, start six months after his death, and the recommended died on his will, accepted by the recommended after his death, and then died the recommended before the six months.
Paragraph b stipulates that the commandment will be invalidated by the loss of the recommended death of the deceased, whether it is a heavenly lesion in which there is no one’s hand, or the result of an attack, even if not recommended, for the demise of the commandment.
The commandment is not a will to guarantee it, and to replace it when it is consumed, but if it is after the death of the recommended, and before acceptance, it is a revocation of the divinity, if it is not an assault on the recommended requires a guarantee, so as not to replace it. If it is the result of a security attack that has been infringed upon by a human being, it has damaged or destroyed something, the value of what has been damaged is the right of the person recommended. As it was related to the recommended eye, if the recommended Guardian accepts that value by accepting it. This is the doctrine of the tap, the Hanbalis, so in a designated recommended, or in a recommended part of a particular, either if it is not specified and not part of a particular, it is not imagined its doom, as it is invalidated in the mortal if some of the recommended rhombus, he recommended the money, half of it is lost, or with these mares, ten of them A will remains in what remains of money or nagat, and is invalidated or perished.
Article 227
The source of this article is different doctrines, he took Abe Yusuf’s view of the tap to consider the killing as an absolute impediment, whether the heirs or the recommended, or not allowed after the killing and before death, and who is not responsible according to the Kuwaiti Penal Code.
Killing by causing a perjury that leads to murder is a doctrine of Imam Ahmed, and the fact that the murder is unlawful and without excuse is taken from the doctrine of Abi Youssef and other imams.
In the case of the Malikis, the murderer deserves the will whether the murder is intentional or false and is one of the sayings of Imam Shafi’i, and the Fuqaha ‘ agreed on two things, firstly that murder does not prevent the entry of the will, such as retribution, or self-defence, if it helps to save, kill a person, or just kill the prostitute.
Second: If the mind is lost, or absent for an exhibitor, then it is not considered murder in this case, as well as if there is an excuse for murder, such as killing someone who surprises him with his family, and killing a merciful uterus in the case of adultery.
Return of the Commandment
Article 228
If the commandment satisfies the conditions of its validity at the time of its creation, and it does not occur before the death, it is correct and necessary, if it is a valid commandment, but if it is not created by the recommended. The optional will is a contract that is not necessary and may be revoked at any time recommended, because the one that has been issued is the affirmative, and the legal acts are required only if the positive is associated with the right to the non-speaker, and the will only be carried out after the death, it does not entail any right before the death, so the Guardian may return it at any
The right to return is by express, and by any act that is based on it, and the presumption or custom in it is that it actually wanted to revoke the will, or the act of its own revocation, that the recommended was an animal and slaughtered him, or clothing to sew it for himself and wear it, and so on acts that invalidate the will, and cannot be executed in the After it has occurred, or indicates the custom that the act is only if he wanted to return, and it is right to refer also to any lawful conduct that would leave the eye out of the king of the recommended, or make the combination of the act and the will not possible, so the sale of it gave the will to invalidate the will, and if returned to him after that, even if Will then a new term must be found, and it is the behaviour that indicates the suspension, albeit temporarily.
It has been submitted that the Probate action, or its return, is heard only on conditions stated in article 214 in ordinary and other cases after death.
All this is noted in article 214, as regards the failure to hear a claim for the return of the will after the death of the recommended on denial.
But what is meant by the reference in article 214, which needs to be substantiated on the basis of the justification contained therein, is it the corresponding return for reference by way of indication? It is intended to be explicit, and therefore it is the explicit reference that needs to be proved to one of the grounds contained in the article.
As a result, the reference is by way of indication, even if it is not an act, such as the disposition of the sale does not need to be proved by the papers, or is it intended to return the saying every return is by saying, whether by express or by the act of saying it? The words of the Fuqaha ‘ indicate that the intention is to refer explicitly to the words of the son of Abdeen in the statement of the types of wills for reference, which reads: And I know that going back in the testament to the types of: If it is sold or donated, it will not be revoked and its will be carried out by one third of the remainder, and accordingly both the sale and the donation is a practical or actual return, and any action leading to the departure of the recommended eye from the king of the recommended is an act not just words.
The stated reference in article 214, which is intended to refer expressly, is one of the grounds mentioned in the article. The actual return may be invoked in any of the lawful methods of proof.
Article 229
The ingratitude of the commandment in the article is to deny it in the past, and that the law does not return from it, because it is a lie that violates the reality, the will occurred, and actually got, and lies does not invalidate the contracts, and does not cancel the rights established, or that will decide… As for the negation of the future, he said: “I do not recommend to this person, it is not a ingratitude of the divinity, but it is denied for its future survival, and that is a return.”
Similarly, the law did not consider the removal of the recommended eye-building, the act that removes the name of the recommended, or changes most of its qualities, nor the act in which an increase is to be delivered only in return for the will unless a presumption or custom indicates that the recommended intention is to return the will.
Therefore, the acts are not to be returned from the will, unless they are lethal to the eye, completely removed or transferred to the property, but if the eye is consumed in others, by entering into other objects of the cloth, and it cannot be separated, it is not a removal of the truth, if the recommended eye is a garment and its recommended dye, or Cut it, or it was a car, some parts of it, to make it better, or mixing the recommended by jealousy a mixture makes it non-distinctive, whether it is value or lesbian, this is not a return of the will, because the truth is not removed, and not out of the king of the recommended, unless the act is accompanied by a customary or verbal presumption of return For the machine to return from the verb, but to be the indication of the already-crawled evidence.
The failure to consider ingratitude as one of the correctors of the tap doctrine, and not to consider the change in the eye to be the essence and the back of the Imam Malik Doctrine, does not look at the changes to the recommended, in that they are in themselves indicative of or not indicative of the actions in terms of their impact on the sample N, as long as the fact of the recommendation does not invalidate the will, and the Act does not, in itself, refer to the reference, it demonstrates its evidence.
Expropriation and expropriation in the State of Kuwait is not a return from the will, because it is not a voluntary act of the recommended, but rather a state-run procedure, which the recommendation does not have to implement, and this article is a breakdown of the sum contained in the second paragraph of Article 228.
Chapter III
Acceptance of the will and its reply
Articles 230-235
The commandment as prescribed by law is an act of individual will, since once a vehicle is based on the will of a person for a certain conduct in its demise after his death, the commandment is found to have been established by law.
But the ownership under the will does not prove to the trustee by expressly accepting the will, or a connotation after the death of the recommended, nor a lesson for his acceptance or response before his death, because the will act shows effects only after the death, there is no lesson in words or reply only at the time of execution, and because acceptance is a proof of ownership not to create the Act Only in the implementation of its provisions.
Acceptance of the full and rational capacity is, frankly or in fact, an indication, as well as restitution, the admission of minors and persons who are incompetent, those who are in a state of guardianship, and those who have the right to consent at all, because acceptance is purely beneficial.
The reply is an injury, and therefore the one who has jurisdiction over those who have stated that the commandment will be returned only after the court has authorized it, if the reply is binding, and if the will is not harmed, and when it authorizes the reply, it takes into account the interest of the recommended, incompetent, and who in his likeness.
If the person who is the recommended is a party, an institution or a corporation of which he or she represents the law, the consent shall not be deemed necessary by the Guardian without the need to accept: if he dies before acceptance or restitution, his heirs are in them, and the will accepts the division, who may accept the whole commandment, or some of them, shall accept all There was a need for some of them to react, and if they were to be recommended, some of them, some of them answered, had to share before, and they stopped a share of the reply of 231, 232.
Consent shall not be required immediately upon death, but shall continue to be the prerogative of the deceased, unless the response is clearly or implicitly substantiated.
The right to accept or respond is unwavering, not immediately.
If the inheritors, or those who have performed the time will, or fear his will, have given him the right to pay the injury, or to prevent undue prolongation, he may grant him a solemn declaration, in which he has an adequate statement of his consent, and asks him to accept or respond, if he has been informed of that thirty full days does not enter a day The advertisement, nor the distance dates, did not have to be accepted or answered, and did not have an acceptable excuse for not answering, the will is considered to be a hero, because that is proof of reply, and if not an express reply, because the wait after that tampering and damage to the heirs-article 232.
If the recommendation does not exist at the time of death, then it is found, and there is no prior death, it is understood that, when it exists, the presence of the one who accepts it may be accepted and answered, because the law stated that it was expressly or clearly necessary to require a will, unless it was considered to be a kind of commandment that no one represents. No need for acceptance.
The recommended ownership of the advice is not proven from the time of acceptance, but rather from the time of death, if it has not been specified at the time of the creation of the will, because the reason for the property is not acceptance, but rather the commandment itself, acceptance is necessary, or a condition for entering the money in the recommended edema, so that nothing in the human property will be Because it is the people who cannot afford to donate to him, make him the right to reply in the wills, if the acceptance of the property is established from the time of the reason, and it follows that the proof of ownership is from the time of death, that the growths of money, which is his or his space, is the property of the person from the time of death, and thus the For the death, whether in the expenses of conservation, or the expenses of repair and maintenance and if the recommended reply the whole or some of them after death, and before acceptance, I stopped in the reply, and if all or some of them after death and acceptance, and before that one of the heirs broke the will, and if none of them accept the hero of his reply-M 234 The verdict is the doctrine of the tap, as the reply has a dissolution of the divinity, because the heirs are standing as the recommended, and he could reply to him if he was alive if he accepted it, so also if it replies to the heirs who take his place because the contract notes the origin of the meeting, if it is held in the affirmative and acceptance, then it must be dissolved He is recommended to some heirs without some, the analogy is void, because this is a title for the one who replied to him, but they liked it and made the reply to some of the heirs, such as the reply to all, and was among the heirs to the obligatory Allah, because the origin of the contract was between him and the recommended, and one of the heirs: Someone at home must reply to them, or the recommended response is a dissolution, for accepting the will, and it is unique in the same right.
Article 235 does not need a statement.
Part two
Rulings of wills
Chapter I
The recommended
Articles 236-245
The commandment for the DOM is a prize as stated in article 236, which is intended by the person who did not exist at the time of the creation of the will, but is likely to exist in the future, whether found at death or only after it, and may despair of his existence afterwards, he was recommended to the person born to the person, and did not have a son when the Born upon death of a recommended child, or born to a boy and died, or despair of having a born child after death, as he dies sterile, the article allowed the creation of the will with all these hypotheses, although in the latter case it arises, but it goes to nullity, because it is not possible to be deserving, and the will as it is true to the individual H with an existing, he would say recommended to the children of the so-called people who belong to him immediately and receive, he enters the benefit of his children who are at the time of the creation of the will, and who are then. The commandment of the objects or benefits is an award, and it is fully titling, and the benefits are under-ownership. Full ownership is transferred only when they are in the description mentioned by the recommended, and others are not able to enter, and before that they have the benefit, and the ownership of the neck is heirs, and if the ownership of the neck and the benefits are for the others, those who die will have their share of the heirs as well. If the commandment is the benefit of the eternal that will exist, the ownership of the neck shall be the heirs of the always-recommended, and the trustee shall have only the benefit, as in the commandment of the benefits, and take into account in the implementation of the commandment pronunciation of the recommended, and the verbal and customary evidence that compared the creation of the will, in terms of significance. The commandment of the Prophet is an award in the doctrine of Imam Malik, may Allah be pleased with him.
Those who count in the material designated by their names and persons, or who are known as their descriptions, are intended as the recommended by the son of a person, or by their sex.
Article 237 explained that the guardian of the benefits may be permanent, as if the recommended ones are not confined often, such as poor, needy, and peripheral, and in such a case the benefits are not likely to accrue to the heirs, if they are for those who count, and none of them at the death of the recommended benefit to the heirs Recommended.
If there is a receivable at the time of the death of the recommended or after it has been beneficial to him, and to all those who are eligible until their loss of their class, or before their death, then the benefit is to the heirs of the recommended, and when they despair of the existence of others if they are extinct, the eye is given to the heirs of the recommended, because those
Article 238 states that if the recommended person says to those who are born to such a child, and that only one boy, or only a child, is born, he is entitled to the recommended eye, or the whole yield alone, unless the recommended phrase, or the presumption that he wanted otherwise, was said to be recommended to those who are born to such, take the three Whole, and without them they take as much as this ratio, it in such a case takes one-third, two-thirds, the rest is to heirs yields only, or yields and a neck as recommended by the recommended, when you despair of having another receivable.
The layer in article (239) is intended for the abdomen of the offspring, so if among the recommended breed, consider each abdomen a layer, if he said recommended to the children of that and then to their children for the benefit of such, the children of that class and children of their children layer, if the members of the first class (his children) exist, they deserve only the benefit By it, the next layer (boys ‘ children) is not worthy except after the extinction of the first layer, or the despair of its existence, and so on each layer, the extinction of all classes is beneficial to the heirs of the recommended only if it has been recommended, or together to others, and benefit to the heirs of the recommended, if not recommended or sold, if Among the recommended offspring, one was recommending to the children of Zaid, the Sons of Amr, and Khaled’s children, then the commandment would be for three bellies of different offspring, and in this case one cannot be described as the first or second of the other, and the will is valid for all the bellies as one layer, if he said afterwards, then from After them for their children, then after them for their children, Zaid, Amr and Khaled were a class, and their children were a second class, only to be worthy when the first class members were extinct, or to despair of their existence as described above. All this, taking into account the provisions of the preceding articles 237, 238.
Article 240 stated that the commandment for the non-counted persons is an award, whether the term of the will indicates the meaning of the need or not, and if it is correct not to act for the needy and non-needy, but only to the needy, because the commandment is a known act, and it is considered or impossible to exchange to everyone, they must be distracted Those in need, not to be paid to all those in need either, or to be equated in the amount of what is spent, but due to the diligence of the executor, the chosen trustee appointed by the recommended, if no one is appointed, the exchange is the competence of the competent chamber of the college, and who appoints it, to provide the most needy Me in need, some of the tap’s scholars said that fewer than 100 are counted, more than 100 percent, and some have left appreciation for the judge’s opinion.
Those trapped in article 241, known as their descriptions or gender, are meant to be so, or sick of a son, or memorize the Holy Qur’an in a village, who have not been identified by their names, and who have not been appointed to their persons, in which case they are recommended to all the recommended ones, if the will is not done to each other, such as his death in Not to accept it, the recommended will be the whole of the rest, as long as the description is fixed for them, each of them have a fixed amount of the recommended, and has a separate will. If one of the recommended persons dies after entitlement to his/her share of the will and enters into his or her property, the general provisions of the law shall apply in this, if the commandment is fully owned by him, his share shall be transferred to his heirs, in order to assign his share of the recommended objects to his or her property, as each King shall transfer, although the recommended It has a benefit, or it has only earned the benefit, the share of the dies is the same as for the remainder of the description, because the benefits have not been proven in certain fixed shares, and the benefits are not inherited, as ownership is deficient.
The provisions of this article are in the wholesale of Hanafi and Maliki jurisprudence.
And the images provided by article 242.
1. To recommend to a particular person or entity, and to a non-designated limited, that he and his son were recommended, or to recommend this eye to spend on such a hospital, and for the boy.
2. To recommend to a particular person or entity, and to a non-designated non-specific, the poor and the children.
3. To recommend for a non-specific limited, non-specific unconfined, was recommended for the boys and the poor.
4. To recommend for the three types, it was recommended for that, for the children of that and for the poor.
The ruling on all matters, as provided for in the article, is that both the entity and the non-confined community, each appointed by their name or by reference to them, or indicating their appointment as a person, and each of the confined community defined in the provision, such as the individual appointed, make it a reality for each person Or as an arrow of the recommended, the recommended is divided among them on this basis, because the appointees of the recommended recommended to each of them, their persons must be taken into account, which requires that each of them have a share, and the same as the one who is recommended for this situation, and in the judgment of that group Described, counted and determined, and known, they could be considered as appointees, and considered by their heads. Countless people cannot be counted or counted, so they cannot be considered by their heads, and it was only for them to consider the commandment, such as the commandment of the hand, as a unit of the description.
All this if the recommendation in his or her wills does not provide a special method for dividing the recommended between them, otherwise the provision should be followed.
The source of the article-Rai al-Shaykh: Abi Hanifa and Abi Youssef, who were violated by Muhammad if he is among the most recommended for the countless, such as the poor, in this case makes him in the recommended two shares not one share, because the lowest combination two, as the street considered the two brothers gather in the saying “If he has brothers, his mother has one sixth,” he gave the mother one-sixth with the two brothers or sisters, so if he recommended to collect the will of at least two, he must have two arrows.
The argument of the two sheikhs is that the commandment of countless people is not intended to be exhaustive for all individuals, and is not intended to be owned, because inclusiveness is not possible, and ownership is only for a certain information, so that the purpose is simply to spend in this way, mentioning the collection is only intended for sex and the appointment of the bank, which is achieved by Exchange.
According to article 243, if the recommended for a particular person is recommended, and for those who are not parents, it is recommended for two persons, one of whom is deceased, the neighbourhood is entitled to half of the recommended, the other half to the heirs of the recommended, the source of the material Malikiya, and the Shaafa’is.
The meaning of article (244) is that if the will is stopped by a certain, or group for one of the reasons revoked, the share of the hero of the will belongs to the heirs of the deceased, and the rest do not take they are recommended only their share, and come back to heirs what the Musi would have deserved if he had been so welcome, and that is what I recommend to him openly and verbally, or what Have the result of crowding, dividing when the will is confined. This is the doctrine of Shaafa’is.
Articles 245 and 246 are specific to pregnancy, and the commandment to pregnancy is an award in all sects, because it is owned by him, and he is eligible to possess, in evidence of his inheritance, and does not depend on his acceptance at the tap, and when others are sufficient to accept the Guardian.
The commandment for pregnancy is a will of a particular person, so her health must agree to his existence at the recommendation, as well as a percentage of the recommended, if he knew him, was recommended for the pregnancy of the person.
The pregnancy is not worthy of what is recommended to him unless he is born alive, all of which is separated alive, and that is the doctrine of the Imams except the tap, who believe that it is sufficient to benefit the will to be born the most alive-and know the existence of pregnancy in one of two things:
The first is that the recommended pregnancy is approved at the recommendation, in which case if the pregnancy is born alive for sixty-five and three hundred days from the time of the recommendation, or less the will of the will, in order to judge the existence of pregnancy sentence, based on the fact that the maximum duration of the fetus in the abdomen of his mother is a year, which is what Muhammad bin Abdul , considering that the most gestation period is a lunar year, but it is considered that the year is an umbrella, depending on the doctors ‘ opinion, and if the recommended pregnancy is recognized at the time of the will, it is treated with its approval, unless it proves to be a false certainty that the pregnancy was born for more than Sixty-five and 300 days.
The second is that it is not recommended to acknowledge the existence of the pregnancy, in which case the will becomes a pregnancy if born alive for seventy and two hundred days and less than the time of the recommendation, usually for the indication, or often the presence of pregnancy at the time of the recommending, because this is the duration of pregnancy in the abdomen of his mother usually, and this provision Pregnant wife, mother of dowry, mother of death, retroactive divorce, mother was unmarried, no aggressor. This assessment is consistent with what Ibn Taymiyah went to, and if the pregnant woman comes to the pregnancy for more than that, it is mostly because she was pregnant after the time of the will, it is not valid whether she is a wife or a husband free of husbands.
If she is an offender of death, or of an apparent group, the will is true in this case, as she has brought him to sixty-five and three hundred days from the time of death and the dowry, because the street has proved a proportion of the owner of the kit in this case. In this case, proof of the parentage is a consequence of the fact that the aggressor was pregnant at the time of death or doctrine, and if the will was then necessary, the commandment was correct.
If it comes more than this time, the will is not valid, because there may be pregnancy after the band or death.
If the recommended in-kind stops the yield until the pregnancy is separated alive, then it is for him, and that is the doctrine of the three imams, and say at the owner.
If the benefit is interrupted until the pregnancy is separated alive, it is for him, and if the recommended pregnancy by birth is all alive, then he dies, and the will is in the eyes of his heirs, or if it is a benefit, he returns to the heirs of the recommended, because the recommended is the benefit, and he deserves it as long as he is alive.
This is the ruling on pregnancy if one, which is included in article 245.
If the pregnancy is two or more at a time, or in two different times between them less than six months, the child is born two or more alive, was recommended among them evenly, one boy is alive, the other is dead, the whole is recommended for the neighborhood, unless the script in such a case, it follows its text, and that The pregnancy deserved the will, and then he died, the verdict is what was described in the commentary to article 245.
Chapter II
Recommended
Article 247
According to the article, the amount of the intestate that is performed without the need for the survivor’s leave is one third of the estate at the time of death for the non-heirs, if the will by more than one third is due to the survivor’s leave. The commandment in the increase in the right of the Maggis, and I stopped the increase in the right of non-Maghaez, and the prestigious leave is after death, and no lesson to leave before it, because the execution of the will is at the time of death, because before the death of the recommended heirs do not know the appointment, someone may die before the recommended They are what is required to be deprived, because the status that was the reason for the right has not been proven, because the leave is a right donation, not before it is established by the death of the recommended, and the heir whose leave is the one who is eligible to donate, which is the full, mature, sane, rational who has not been snuff or distracted, because the leave is It is not permissible to be irrational, and not to the heir, because his mandate is vested in the interest, no interest in the donation, and one third is the exclusive legacy of every religion, because repayment of the debt is first, and after payment the will is estimated by one third of the remainder, if the estate is pure of religion, and the Guardian, but the money goes to Public vault, the whole commandment was carried out, because the public treasury was the last to be entitled to the estate, with more than one third being recommended.
Article 248 stated that, if a debtor was indebted, either his or her religion was for the whole or some of the estate, if the debt was for the whole estate, his will was true, but only with the acquittal of the debt, the creditors would allow the will, or donate a donor to repay the debt, if the debt was discharged from some of the debts of the estate , the Granary allowed some will, or the religion was not taken to leave the will in the rest of the estate after the repayment of the debt, the capacity of one third carried out, although it could not stop the penetration of the excess of one third on the leave of the heirs, their leave was implemented in the increase, if not allowed to be stopped, and not enough in the The religion of the estate as soon as the Guardian dies from the granaries, with the religion remaining in the society is occupied by it, because as long as there is a religion is submitted to the will, the gangrene must be discharged to the recommended edema until the commandment is executed. The discharge was such that a foreigner would donate debt to creditors, accept it, and if the contributor had fulfilled and raised a legacy, if it was the only heir, or the will to return in the estate if he was not alone, then the commandment would not be in force in one third of the estate resulting from that performance, but In this case, the heir was replaced by the creditor, and the estate became indebted to him.
According to article 249, if the will was given by a certain eye and the parents were concerned prior to the death, the creditor had a right of jurisdiction over the eye. Or mortgage, the requirement to be satisfied is in advance of the right of the recommended in the commandment, even if it graduated from one third of the remainder after the repayment of the debt, because the religion is provided by the will by the unanimity of the Fuqaha ‘ and because the right of the recommended is not related to the will except after death, the creditor’s right to it before death If the debt is met by all of them, or some of them do not lose the right to be recommended in the will, because the commandment is correct and required to accept the recommended after the death, it does not accept the fall after it is proven and necessary, as long as the complete leave of the eye out of one third, if not fulfilled in its own right, and therefore the article He was recommended in the rest of the estate to repay the debt of his designated trustee. One third of the remainder is considered to be after the debt, since it is the estate that is distributed between the heirs and the recommended that remains after repayment or discharge of the debt.
The implication of article 250 is that if the recommended person recommends such a share of a particular heir to his or her heirs, the recommended one deserves such a share of the heir, meaning that the matter is divided by arrows without looking at the will, and then increased by the total number of arrows equal to the share of the recommended heirs like his share, which is the equivalent of Recommended, the estate is divided by the number of arrows and takes all its concerns.
If the recommended recommendation is like the share of his son to his brother, then he dies from his son and two daughters, then the male has the same luck as the two females, and the half child, and every girl quarter, the arrows are four, for the son shares, for each girl shares, and then give the recommended to him like the share of the child, which is two arrows, and thus become six darts, that’s what the audience went to Jurists.
Article 251 explained that if a recommended such as the share of an unappointed heir to his heirs was recommended, either the heirs were equal to the shares, or were not equal, if they were equal, the recommended ones were given as a share of one of them plus arrows, if he recommended to his nephew for example the share of one of his heirs, the three wives died, and Eight sisters, and a brother of the August, the shares in this example are equal, because the wives have three shares of a quarter, the sister sisters have eight shares, and the brother for the August the remainder, an arrow, and the Arrows 12 increase on it like the share of one of the heirs, one share, and the number of shares for heirs and the amount of 13 shares
If the heirs are not equal in shares, the recommended one is the same as the share of someone, and the recommended for example is three wives, two daughters and a son, in which case, the three wives have three arrows, each wife shares twenty-four shares, the two-thirds of the daughters are 16, and the son of the remaining son has five shares, and therefore To the extent that they are the least hereditary, one of the wives, it has one share to add to the shares of the heirs, the arrows become twenty-five shares, and rule this article as a former source of the doctrines of the scholars.
Article 252 of the report stated that if a person is recommended to one of the heirs, the other is a common knowledge, such as a quarter in the estate, whether the heirs who recommended his share or not, in such case the estate is distributed by arrows between the inheritors, to know the share of each heir, then added to the origins of the estate shares the number arrows The amount of the recommended arrows is known, noting that the obligatory origin is the amount of the remainder after the amount recommended for the other trustee, if the will of the share commonly known in the estate, as the share of one of the heirs is not more than one third, or exceeds it, and the heirs leave the two wills, if not permitted, and they cannot One third, divided by the alopecia, i.e. by the ratio of its arrows, and the source of this article the Fiqh of Imam Ahmed bin Hanbal.
It was agreed by the Fuqaha ‘ that only one third of the elders of the present estate would be given the recommendation to do so in practice, and to wait for what was left to him to attend to the rest of the estate. However, the hanbalis is considered to be the presence of the will at the time of death, and there is no effect of his absence afterwards on the right of the recommended, if he recommends a present, or a will sent, for example, other than the tap and the Malikis, as they consider the presence of the will in execution and the face of the scholars that the present money as well If the absent money is destroyed or lost or unable to obtain it, it is mortal or mortal, it is fair not to be counted on the heirs alone, and so is Article 253.
The meaning of article 254 is clear, namely that if the commandment is a common thing in the estate, such as the will of a quarter of the money, for example, and the estate has a religion on others, deserve the recommended him of money present all his share in it, any quarter he gives to him, and the more he attends, take a quarter, and so until you bring all the elders of the estate, it is recommended C All, the source of this faucet doctrine.
Article 255 stated that if the recommended recommended for a common type of money, it was recommended that two-thirds of a building worth ninety thousand dinars, for example, and a man with debts such as the price of the architecture, what I recommend is equal to sixty thousand dinars, and that does not come out of a third of the present money, the architecture, but has a third of it equals thirty thousand dinars, and keeps him thirty thousand dinars met from the architecture, as much as he gets from the debt, meaning that whenever a degree of religion met the architecture of the equivalent of one third of the debt that happened, until he meets his whole right, and after the recommended takes one third of the architecture before collecting something of religion, two thirds of it to heirs They act as owners, they can build on them, and they may be harmed if the recommended is fulfilled by the right of the architecture, if they are harmed, then the recommended does not take the rest of his right from the architecture, but takes the value of the remainder of his share in the recommended type of a third of what he attends until he meets his right. The source of this is the jurisprudence of Imam Ahmed bin Hanbal, and the tap doctrine, with a rule denying damage.
Articles 253, 254 and 255 indicate the execution of the will if the estate is absent, or the religion of an alien, and in article 256 how the will is executed if the religion is inherited from the heirs of the recommended, it stated that if the religion was not at the time of division but deferred, then the money was absent in all circumstances. The debt of the debtor, and not to compel it to meet in advance, nor by way of set-off, taking from the preceding articles, but if the performance is due at that time, if it is equal to or less than the debtor’s share, the amount of such debts is considered to be present and not a religion, which is attached to the wealth of the estate. The recommended is his full will, as long as she graduated from a third of that money including religion, because there is no harm to the heirs in this case, because the debt will be the share of the debtor’s heir, and does not take a bit of money present succession if his share is equal to religion, if his religion is less, take the difference between his share and the amount of But if his religion is more than his share and his performance has been resolved, the excess of his share, such as religion on an alien, any money absent, and other money present takes a third of the recommended, and if he remains something that satisfies him from the debt that happens to him, if the religion, the estate of the same sex, the set-off, although the religion From the genus, the estate of another sex, the heir does not take his share of the estate, so as to lead his religion, if the judge did not perform his share, and the debt of the price, the article showed that the types of money, the same sex papers and the source of the substance of the tap.
Article 257 of the report stated whether the commandment was one of the estates, or some of its types, the whole of the recommended, or deserved, or perished, or deserved-four images.
(1) The recommended is certain, and perish before acceptance, the will is invalidated, because it is not replaced, and the entitlement is invalidated, even after acceptance and arrest, because it appears that the recommended does not have it.
(2) The recommended is in kind and some of them perish or deserve, so the recommended takes what remains, if it comes out of a third, and the will is invalidated in the lost part, or the receivable, noting the foregoing that the loss will not invalidate the commandment in the mortal part if after acceptance and arrest other than the entitlement.
(3) The recommended is a common part of a particular eye, and all or some of them have perished, the will is invalidated by the lack of recommended, noting the foregoing in the difference between loss and entitlement.
(4) The recommended should be a common part of a particular eye, some of which perished, or deserved, in which case the recommended will take his full will from the rest to her ability, if she cannot take the rest of the whole, and champion of his will as much as the remainder of the will.
Article 258 stated that the commandment had a common share in a particular person, who had recommended one half of the architecture, in such a case if the architecture had perished or deserved nothing for the trustee, which was an agreed measure among the Fuqaha ‘.
If some of the architecture is lost or deserved, and the remainder after the loss or maturity is more than the recommended or due, or equal to it, the recommended takes all the recommended of the remainder, if more, the whole rest if equal or less than the recommended, and that is the doctrine of the Tap, the Imam Ahmed, the one said Shafi’i E, what Imam Exhale went to at maturity–and went forward Malik, and exhale at the loss that the recommended takes his share attributed to the rest.
According to article 259, the commandment has a common share in the type of funds recommended, such as the commandment with ten mares, if the number is one hundred at the time of the commandment, the commandment is considered to be ten, if the recommended dies, and does not have that type of the will, and if some die or deserve to prove the tenth One-third of the money, taking it just as much as a third. The second paragraph of the article is taken from the opinion of some of the Maliki scholars (Ibn al-Magshon). The first paragraph is the subject of unanimity of jurists.
Chapter III
The commandment of benefits
Article 260
The benefits are intended for TAMRA and yields, easements, the will to lend, the lease, the will with a amount of money paid monthly, and the will to sell an eye to a person with a known right, and the will to divide the estate.
The commandment does not require the benefit to be the owner of the eye and the benefit, and the tenant may recommend the benefit of the eye, which is of interest for the duration of the Ijara.
The guardian of the benefits is awarded by the agreement of the four Imams, together with the audience of Muslim jurists, in which only the son of Abi Leila, Ibn Sheshimah and the scholars of al-Zahir are violated.
The commandment to benefit has different conditions:
(1) A will for benefit may be a period of information after death.
(2) It may be a non-transitory commandment for a particular recommended.
(3) It may be a non-transitory or lifelong commandment for a non-confined folk, who thinks they are interrupted or not.
(4) The commandment may be non-transitory and confined.
(5) The commandment may be confined, and not confined.
This article has shown the rule of probate for a particular term of the principle and end information, and the ruling of the will of a certain amount, but the principle is not known, in both cases the duration is fulfilled if it comes after the death of the recommended, and acceptance of the recommended, if the recommended period expires before the death of the recommended champion.
If the recommended died in the information period the rest of the commandment was carried out in the remainder, as it could not be done in the part that went on, so I stopped it and it was correct in the rest.
If the commandment is not set to begin, but the information of fate, he would say: I recommended to the person for the residence of Darari three years, and did not mention its start or end, so the duration begins at the time of death, because at the time of execution of the will.
Article 261
This article describes whether the recommended use of the eye is prohibited for all or part of the period, whether the prohibition is from some of the heirs, or of all, or the recommended one, and the recommended period is information.
If the prohibition on the use of some of the heirs was recommended for the residence of a three-year-old male, one of the heirs and her residence at that time, and the prohibition of his residence, the heir had assaulted the right of the recommended, thus proving to him the right to compensation, in one of two things. Either the House shall have a period equal to the period during which it is prohibited from benefiting if the heirs accept it, or the heir that prevented it from benefiting from the benefit that prevented it, because it infringed on the right of the recommended, if the prohibition from benefiting all the heirs in the period of information, they are the right of the recommended, and they are guaranteed to him instead For the benefit, either by compensating him for the performance of the benefit allowance, or by enabling him to benefit again, and the choice is recommended in one of the two orders, if the prohibition on the use of the recommended hand, or an excuse, prevents the recommended and the benefit, the recommended remuneration was the recommended eye for others, and the lease lasted after his death to the end Or that the recommended eye needs to be repaired to be used, the reform, and taking a period of the time of the will, there is no guarantee to anyone, as no one of the heirs, but the recommended has accepted the will, he has the right to execute, and things have prevented execution, he is entitled to perform in another period to replace the first .
The foregoing is whether the prohibition of the use of personal use, if the prohibition of exploitation, is worthy of the recommended yield of the eye, and these provisions are the source of the doctrine of Imam Shafi’i, may Allaah be pleased with him.
Article 262
This article mentions the provisions of the commandment to the benefit (1) of a non-confined people who do not think their interruption, or of a party of righteousness, and the commandment was life or absolute. (2) for a non-confined people who think their interruption and the commandment is life or absolute.
She stated that, for the first case, the commandment on the tabid would not end, if he recommended the mule to the poor, a mosque, a school or a hospital, the yields of these bodies were on the tabid, and the disposition of the post-mortem became a testament in the form of a will, and the eye was a cessation of all faces after death.
In the second case, the commandment of an unconfined folk who thinks their interruption is absolute or life-like the will of the Lubna, the recommended ones deserve the benefit of their rescue, and if they become extinct, the eye returns to the heirs of the recommended.
The first case was governed by the doctrine of al-Hanifa, and the second by the Maliki doctrine.
The last paragraph of the article stipulated that the provisions of former articles 259, 260, should be taken into account if the will of a particular term was that of the principle and the end, the period expired before the death of the recommended, and whether the recommended use was prohibited.
Article 263
This article clarified the condition of the recommended if the will to benefit for a certain period for a confined people, then after them to those who do not think their interruption, such as the poor, or to a side of the land, as a mosque, or hospital, in this case if the recommended at the time of death of the recommended, deserved the benefit of the period of information, such The benefit takes place in the specified period, then after the expiry of the period the benefit to the land side, although they are not present at the time of death, and they are thought to be after, the yield is for a public side, such as offices of memorizing the Holy Qur’an, mosques, and so on, until there is a recommended, and may happen that the will lasts a long Behold, for lack of a recommended. In this case the article mentioned a period of information of thirty-three years, after which the yields are for the land. If there is no one who is recommended in the 33-year period and after which they are found, they deserve nothing from the will, but for the righteousness, even if there is no one who is already due, and despair of their existence, that the recommended death of the person is not followed, that the yield after despair and before it, the work of the land to end The information is for the stipulated land, and if the beneficiaries are found, then they are extinct with despair of their existence, and the period of information is not over, in which case the yields to the end of the term for the larger destinations are useful, and after the expiry of the period the benefit to the land side.
Article 264
Recommended to take advantage of a benefit or exploitation, all right to use it, or to exploit it, even if it contravenes the recommendation recommended by the recommended, and this is limited only by one condition that it does not benefit from the benefit of the eye, so who is recommended to the residence of a particular house may rent it, and who recommended it for its wages may be inhabited, when You are an eye for one thing, and the source of the material is Shaafa’is and hanbalis.
Article 265
To differentiate between the will to yield and the will of the fruit, they said that the recommended if he recommended the fruit of his land or orchard, and launched in his will, he did not specify a period, the fruit of the existing fruits at the time of the death of the most recommended fruits in the future, and if the text forever, said with the fruit of his land or orchard The fruit on death and subsequent fruits of the life of the recommended, but if he recommends his land or orchard, and fired or not, the product has what is present from the yield at the death of the recommended, and what will happen afterwards.
The Hanbalis and the Malikis, and the Shaafa’is, argued that there was no difference between the yield and the fruit, so that the material that existed at the time of the death of the recommended, and what would happen, was launched or not, and the doctrine of the three sins mentioned was made.
Article 266
The performer of the article that the will to sell an eye of the estate to a person at a certain price ability of the recommended, and the will to lease it for a certain period as a year or two, and for a certain fare named, this will be a window, if the price in selling the price of the same, and fare the same in Ijara If the price or fare is less than the price or the fare of the same, if this injustice comes out of a third of the estate, the will has been carried out, and if more than one third, and the heirs have allowed the will to be carried out, and if they do not authorize it, it will only be implemented if the recommended price increases in the sale, and the rent The fare of the ideals, the source of the material is the faucet doctrine.
Article 267
The article indicated that if the benefit is shared between the recommended and the heirs, or between a number of the recommended ones, the distribution route of their choice shall be carried out without limiting them to their agreement, or if the judge is to disagree, either to distribute the yield among them, in proportion to each of them, or to divide the eye between them, if That division is detrimental to one, and it is divisible, or guaranteed by the Spatial division, that each of them benefit from a share of the old age, and then rotate the shares year after year, and replace each other in what was used, or time-long, that each one take the whole eye a time to benefit, and take it other times, and The amounts of the times are in proportion to each one’s use. The source of the article is the doctrine of Hanbalis, Shaafa’is in the release of the right of usufruct, and the prevention of division in case of damage is the doctrine of the tap and Malikis.
Article 268
A recommended benefit may be recommended to a person or persons, and the neck is recommended to another person or persons, in which case the expenses of the eye to which it is recommended shall be in the duration of the benefit of the recommended beneficiary, both in the maintenance expenses and in the expenses of the construction, because it is the benefit, and these expenses are necessary for the survival of the eye To benefit, as well as its taxes if found on the beneficiary, because they are imposed on the use, so it is estimated the proportion of the eye benefits. If the recommended eye does not bear fruit, or it does not yield a year for a reason outside the will of the recommended, or it is cultivated for a year, leaving it for an interest in exploitation, it is required to be taxed in the year in which it has not been made, and the source of the substance is the tap doctrine.
Article 269
The article stated that the commandment to benefit falls before deciding whether or not to do so:
Firstly: if the recommended one dies before the beginning of the period, and also if he dies during it, in the first case the whole commandment is invalidated, because the will of the recommended is not possible, and in the second it is invalidated for the same reason.
Second: By purchasing the recommended benefit of the recommended eye for its benefit, if it was purchased before the beginning of the benefit, the will was not allowed in the whole period, although during his maturity he stopped what remained for him.
Third: By waiving his right to benefit to the heirs of the recommended, by giving him away, whether free of charge, or by mosquitoes, who were paying him the estimated money, to leave them the right to benefit, because it is the property of a truly king of his own, unless it is a subjective right, and because the projection is mosquito like reconciliation.
Fourth: The recommended benefit of the eye, as it appears that the recommended recommendation to the other king.
Article 270
The article stated that the heirs of the recommended right to sell an eye for their benefit without interruption to the consent of the recommended, because their ownership of the property was transferred to them by inheritance, and therefore they have the right to dispose of them with all the actions legitimately accepted, and if the eye is sold to the non-recommended benefit, the eye transferred to it all its rights, except Recommended, the sale does not affect him, but continues his right until the expiry of his term, or to the end of his life if the will to benefit the duration of his life.
Article 271
If the commandment is for the benefit of an eye for life, for the duration of his life, or for an absolute period of time, the recommended person shall be entitled to benefit for the duration of his life, since the release for the duration goes to full use, and that is for the duration of his life, and the tabid if mentioned is intended to limit the will to the benefit of To benefit from his lifetime.
The commandment of benefit may not start with regard to the time of death, but may begin after the period, as if the commandment of the person born to the child. In such a case, entitlement to benefit shall not be for thirty-three solar years from the time of the death of the recommended to the time of its existence and entitlement.
The provision contained in this article does not contradict the second paragraph of article 218, which stipulates that a recommendation is required to be present at the will if it is appointed, because it is intended to exist from each particular individual and not in the description, which is described herein.
However, it may be imagined that the entitlement would be lax if it was restricted, and if there was a recommendation, the recommended benefit of a house inhabited by a person would have been retired, and the duration of the article would have passed before retirement was referred to.
Article 272
This article included an assessment of the value of the recommended benefit, and the rights in rem in respect of the value of the same eye, stating that if the commandment of all benefits is life, absolute, or for the duration of the life of the person recommended, or for more than ten years, the provision is the same in all these circumstances. It is considered that the benefits are equal to the value of the same eye, meaning that the recommended eye on the face is counted from one third, if equal, or less out of the estate, and left to heirs two thirds.
If the will is for ten years or less, or the benefits of the eye, or some of them, the will is valued for the benefit in that period, i.e. by the same fare.
If the commandment is a right, such as the right to drink, the right to education, and the right to be free, it is estimated to have an impact on the eye that it has carried, so that the value of the right is valued, if the amount of the drug is not entitled to 10,000 dinars, for example, or its value is 9 thousand dinars, the amount of the right Signed.
Chapter IV
The will to pay
Articles 273-279
Salary and salary in one sense, the salary is calculated as a amount of money given at times of equal periodicity in time, as a month or a year, such as a testament of 100 dinars per month to the poor specific institution. The commandment may be paid for a period of information, or for life, or on the basis of a party who does not think that the interruption is 2,000 dinars per year for the two Holy Mosques.
The salary may be assigned to, or defined as, a confined, or unconfined, who thinks that their interruption, or not, and the will to pay are the most likely to yield, and enter into the will of the benefit.
The commandment may be with salaries such as the will of the elders, if the capital of the estate, which the article has wisely stated.
She stated that if the commandment was paid from the capital of the estate, it would be limited to one third, which would be carried out more than only if the heirs were allowed to do so, and to ensure that it was carried out in order to his space the estate to pay the salary in its various instalments, if the length of the salary was long, and if it was short, The amount of the salary is included in the period so that it is valued, if not his space.
The long period is over ten years, and the short is ten years and less than the previous article.
A difference between the long and short duration of the sentence in relation to the imprisonment of the eye, it was stated that the short-term eye should be equal to the salary in the recommended period, so as to ensure that the salary is met, if the income is not sufficient salary.
In the long term, it is sufficient for the income of the eye to be sufficient for the execution of the will at the discretion of the experts, even if its value is less than the salary in the period, because the cessation of an eye on the estate with a value equal to salary for a long time is detrimental to the heirs in some circumstances, as if the yield of the eye balancing the The heirs had a special interest in this eye, with another eye with a paid income.
If the commandment is increased by one third, and the heirs leave it, the sufficient eye is allocated, even if it is worth more than one third, and if the heirs do not make the increase, an eye is allocated equal to one third. The guardian of the benefits and the elders are the doctrines of the four imams.
Article 274 stated that if a will is paid from the yield of the estate, or from a given period, the estate or the eye is loaded with the recommended salary, if out of a third of the money, the will was carried out, and the heirs did not increase, they were executed as much as one third, and the excess of salary and the corresponding legacy And the eye for the heirs of the recommended.
The ruling of the Will was also clarified with the salary of the estate, and if he recommended 10 dinars per month for the income of architecture in the same area (and appointed) for the children of that, name them or not called, or for a mosque for ten years, Loaded with salary, free of it.
The difference is the amount of the will, if out of the third the will was carried out, and if it is increased, and the heirs leave the increase.
If the difference between the two values, for example, six thousand dinars, and the third equals four thousand dinars, the will decreases to 4,000 dinars, and thus decreases the salary of one third, the estate or the eye bears no more than 4,000 dinars, acted to the recommended in the specified times, and the excess of salary and corresponding From the eye belongs to the heirs.
The source of this article is the doctrine of Shaafa’is.
Article 275 stated whether the commandment was given a salary for a particular life, an absolute, a life of capital, or a yield.
She stated that the commandment at the time of launch, or the TabID, or the duration of the life of the recommended, was the life of the recommended, and considered his life seventy years, and equal to be the will in capital, or yield, to calculate the departure of the recommended one third of the estate, if it is in capital, article 273 showed how to calculate the commandment To capital, although in yield, article 274 indicates how it is calculated, allocating the recommended money to ensure the execution of the will in a way that does not harm the heirs if they are of capital, and if the will in yield calculates the life of the recommended seventy years, because that is the predominant age in the people.
Some laws have gone on to the fact that the recommended is offered to doctors to estimate how much lives, and at their discretion the case counts.
This view was not taken, because the ages are in the hands of God alone, and he knows them only, and the doctors think it is a hunch and a guess.
The bond of the doctors ‘ appreciation in determining the seventy, is to say: “The age of my nation is between the 60 to seventy, and the least of them”, also adopted in the fiqh of Malik at the age of reconstruction, and what the perfection of the Imams of the tap. The Maliki doctrine is the source of paragraph (c).
If the recommended deceased dies or is terminated before the expiry of the term, the will is terminated accordingly, because his entitlement is linked to his life or survival, and what remains between the recommended in kind and yield, or only in accordance with the circumstances of the heirs of the recommended inheritance, because it is part of the estate is devoid of the will.
If the recommended remains after seventy years, the will to pay is carried over to the end of his life, and he may return it to the heirs within a third, subject to de facto rule. The project also marched on the de facto in the case of the death of the pre-seventy recommended.
The right of the person recommended to have access to the money suspended for the execution of the will is also terminated, because the right is related to him or her, if the will is terminated and in all cases, whether the will is absolute or life, or the life of the recommended, in capital, or in the yield, the period of maturity of the recommended salary is not less than ten Years from the due date, because this is the short period decided by law.
According to article 276, if the will is paid from the capital, the recommended amount shall be met from the intended yield of the eye, and if the yield does not meet the salary, the heirs may complete it from their money, because their interest in the survival of the eye is intact, if they have not sold the judge from the eye in order to supplement the salary.
If the yield on salary increases in the year the increase is returned to the heirs of the recommended, and if the will is with a salary of yield, the recommended is to meet the level of the assigned eye yield.
If the eye does not yield sufficient salary in one year, it will meet the shortfall in the increase in yields in another year, since the recommended only has the right to yield, so the excess is confined in all years to its right and is not delivered to the heirs.
This is if the recommendation does not stipulate that the entitlement is not a year-to-year, or a presumption that it wanted to do so, as if it recommended 10 dinars per year of its yield, in which case it does not meet the salary shortfall in one year of another year’s yield, but gives excess to the heirs, taking the tap doctrine in both cases.
Article 277 determines that if the commandment is arranged for a permanent entity, such as the Two Holy Mosques, and is divorced from the duration, or the path of the tabid, it is suspended from the money of the recommended, which includes the performance of the Will. Provided that the value of the estate is not more than one third, unless the heirs leave the increase.
In such a case, it shall be considered as a suspension of the recommended entity, so that the amount of the receivable is increased or decreased on the salary, there is no return on the heirs of the recommended loss of yield, there is no right to increase, and the eye is considered a cessation in this case as a necessary result of the continuous disbursement of salary, since it lasts only Never a damn, that’s the meaning of endowment. This is the basis for the tap to consider the recommended eye for the poor as a necessity.
If the will of the permanent entity is for a certain period, then it is either a will of a particular guardian, such as the Two Holy Mosques, or a limited prescription, such as poor invalids in the home of the disabled, and, for example, students in that period, to which the provisions of articles 274, 275 apply.
Article 278 of the code determines that, in the circumstances described in articles 273-276, it is the guardian of the salary of the capital for a certain period, the commandment with a salary from the yield of the estate, or the yield of a given period, the will of the appointee with salary of capital, or yield, absolute or life, or the life of the recommended The suspended eye yields from the estate to execute the will.
The article decided that, in all these circumstances, the heirs of the recommended person may request the seizure of the eye that has been set aside for the payment of the salary, and to deposit, in cash, the sum of the salary recommended in a bank, or any designated party of its choice, or appointed by the judge in the dispute, which is allocated for the execution of the Will, When they do so, they may act in that eye, thereby transferring the right of the recommended to that amount deposited, taking the order of each month, or each year, according to the will of the recommended, and then having no right to the estate, if the money deposited for a reason is lost, the trustee has no recourse to the heirs.
The right of the trustee to this money is self-fulfilling, when he or she is entitled to an entitlement to his or her development, if he or she grows in a case, but is a heirs, and the rest of the money if the will expires before it enters into force due to the death of the recommended prior to the expiry of the term of the benefit.
Article 279 stated the ruling on the wills of salaries or the yield of a confined folk.
She decided that if the will is confined, they must all be present at the time of the death of the recommended. This is in contrast to the commandment of the objects and benefits, as the commandment does not require the presence of the recommended persons known for their descriptions, not the time of the commandment, nor the time of death of the recommended.
However, they were required at the time of the death of the trustee, as stipulated in the designated recommendation and at the time of death of the recommended, and the life of the recommended seventy for the year, as provided for in article 275.
As long as the rule of the enclaved is the ruling of the will of a certain, the one that applies to them is the rule of the particular law.
Chapter v
Increase in recommended
Articles 280-284
These five articles have indicated the provision for an increase in the recommended.
Article 229 of the law has already determined that removal of the recommended eye is not considered as a return to the will, nor is it considered as a return to any act that removes the name of the recommended, or changes most of its qualities.
Such a provision, every act requiring an increase in the recommended, can only be surrendered.
This is all if a presumption is not made, or it is known that the recommended to do so would return his will, or return.
The provisions contained in the articles are the source of some opinions in Imam Malik’s doctrine, which were deemed to be in the interest of, and consistent with, the people’s acquaintance in the State of Kuwait.
These articles have included the following provisions:
A-if the recommended eye is not recommended, it would have increased in its chambers by dividing a room into two chambers, for example, or opening doors or windows, or divided into separate dwellings, by the establishment of new walls, as well as if they are painted or greased doors, and timber, all this does not change the recommendation, and the eye becomes the same as the Recommended, because this increase, the changes are an improvement, and maintenance for the purpose of the increase in utilization, to be subordinate to it, the eye has not been changed or increased, and like this: in the judgment each increase is inseparable, or impossible, or if the separation has no value after the separation, and the result of an increase in the value of the eye.
B. If the increase in the recommended is in its own right, and can be delivered without increase, and has a value after its separation, the increase is received for the heirs, and the recommended is delivered to the Guardian.
C. If the recommended delivery cannot be made without the increase, such as grace and construction, the eye will be shared between the recommended and the heirs, so the heirs shall have the value of the increase.
D. If the increase is self-contained, but usually tolerated, such as building a “place” of the vehicle in the recommended eye, or a small room on its surface, planting trees in its garden, installing electricity wires or water pipes, the increase is due to the commandment.
e-If the recommended increase in the commandment is accompanied by a presumption that he wanted to be attached to the will, as if the construction of the building which he recommended and then renewed on his status, albeit with a change of features. The architecture was a two-storey building, so he returned it, and did not increase the construction space, and if the building materials differed, it was in the pay, he built it with stone or vice versa, or it was in stone, it was built with iron, so in this case and like it, the new construction is recommended by the previous commandment, and the recommended was recommended, and did not happen In the recommended eye any change.
F. If the recommended house is demolished and rebuilt on a non-custom-made renovation, it was recommended as a home, making it a building, for example, or a factory, in which case the building would be shared between the recommended, and the heirs of the recommended, to heirs in it as much as the value of the construction, because it is the one who increased the recommended The rest is for his.
G. If the recommended building of the recommended eye is demolished, the land is added to another land owned by him, and one new building is built on them, the building shall be a company between the heirs of the recommended, and recommended, for the valuation of its land value.
H. If the recommended construction of the recommended eye and the construction of a designated eye are made by a single, united facilities, so that the recommended cannot be delivered separately from what was added to it, the recommended person shares with the heirs in the amount of his will.
Chapter VI
Contention of Wills
Articles 285-287
The meaning of the contention of wills is multiple, and not all of them are full if the heirs are not allowed, or leave, and the estate does not expand, it cannot be implemented.
A third or more of the estate was extended by the heirs. Or has never been a heirs, there is no contention in these circumstances, and it is judged that at the time of contention, the right of the holders of the due commandment, whether the deceased was recommended to them or not, because they are entitled by law, if they are equal to one third, took him, although their share is less than one third, and the remainder is one third Optional Wills.
If all the commandments are optional, then there are three conditions:
First: To be all for the bad, and there is nothing for the proximity.
Second: Be all for the proximity.
Third: To have some for the bad, some for the proximity.
The first case ruled that if one third of the commandments were not heard, the heirs did not make the increase, one third of the authors of the wills were sworn in, and the heirs allowed all the wills, and the estate was narrowed down from its execution, also divided by the alopecia.
In the second case, if the various types of intimacy were obligatory, such as the commandment of Hajj and zakat, or were duties such as charity of Mushrooms, expiation, and vows, or were all voluntary, such as charity to the poor, the commandment in these circumstances would be equal for all guardians.
In the third case, among the recommended arrows each side, one third did not seek, and the heirs did not agree, one third was distributed by the percentage of the arrows that he mentioned, although it was not shown to each side equally, because the company at launch is equal, and the source of these provisions is the tap doctrine.
Section III
Inheritance
Book I
General provisions
Material: 288-294
The inheritance has general conditions, special conditions and general conditions, which are outlined in articles 288 and 281, namely:
1. That the death of the gene is actually achieved, or that he is attached to the deceased as an estimate, such as the missing person who governs his death.
2. The life of the heir is achieved at the time of the death of the gene, or at the time of sentencing as dead, as in a pregnancy born alive at a time when the deceased was present.
It follows that the missing does not inherit from those who died after it was lost, and before the verdict of death, if they have a reason for inheritance, and that there is no inheritance between shipwrecked and those who die simultaneously in an accident or multiple incidents, if those who died were not known first before the other, as indicated in article 290.
Article 291 stated that the estate resulted in a salary, stating that it resulted from the estate first: enough to equip the deceased, to equip the person who needed his alimony from death to burial, and to prepare the deceased, and to equip his alimony from death to bury any other right in the estate, taken from the doctrine of Hanbalis, they offer He is dead on the religion of one of the elders of the estate, in the absence of the Maliki, and the Malikis who give the religion related to the estate on the shroud of the deceased, and they see that if not in the estate other than the eye that the religion attaches to it, his shroud will be the one who commits him in his life. The equipping of the deceased is also provided by his own expense, as a boy died before him, albeit by a moment, not equipped, and his wife as well as a wealthy man. This is taken from the doctrine of the tap as to whether the deceased is left to the eye of the religion and enough to equip it, and who commits it.
In the performance of the rights relating to the estate, the debts of the deceased are followed. Debts are intended to have the demands of the servants. As for the debts of Allah Almighty. such as Zakat, and expiation does not result from the estate, according to the doctrine of the tap, which is the law, unlike the public of jurists who see the removal of the debts of God from the whole estate, whether recommended by the deceased before his death or not recommend.
The origin in the removal of debts from the estate after processing is said after the mention of the alanb in the Sura of women: “After a will recommended or religion”, and that in the verse mentioned the commandment on the religion, religion is submitted to it, because religion is a duty to perform first while the commandment is donated starting from the recommended, and duty is provided To donate. He narrated from Imam Ali-Karam Allah his face-he said: “You read the will before the religion, and you witnessed the messenger of Allaah (peace and blessings of Allaah be upon him) began with religion before the will.
The debts owed are not in the same position, but some are submitted to each other, in the sense that if the estate is narrowed to the performance of all debts, the notarized debt, such as that of a particular religion, is provided by the tap, the Shaafa’is and the Malikis on the processing of the deceased, unlike the henna who supply it to each religion. If the estate expands to all debts, it is taken out of it, and if the debt is narrowed out, then the religion of health, and it is fixed with evidence, whether it is health or sickness, then the disease, which is proven by the patient’s admission, or who is in the patient’s judgment, such as the one who comes out for fencing. This is a tap doctrine.
After the debt, the estate shall result in what is recommended in the limit in which the will is carried out, subject to the provisions of the necessary wills.
Then it comes in the third place for the performance of rights related to the post-processing estate, and the religion, what the deceased recommended at the limit of the implementation of the will, which is the third, if the third of all the commandments have been removed from you, and to be narrowed, provide the owners of the due will, whether the deceased has recommended them or not recommended. They are entitled, by law, to take them, if they are worth more than one third and the heirs are not allowed either, they take every third. If they take less than a third, they take their entire share, and the remainder of the third is taken by the holders of the optional wills, they are narrowed down by the percentage of their commandments.
Then after processing, the debt, and the commandment, distributes the left of the estate to the heirs.
If no heirs are entitled to the entitlement of the deceased, then what has been recommended, and more so to the extent that the will is carried out, if none of them have left the estate or the rest of it to the public treasury.
The recognition of proportions may be for the headquarters, and then beyond others, such as to say: This is my son, after proving a proportion of it, when there are conditions in the confirmation that he is a brother to the children of the headquarters, the nephew of his brother, the grandson of his grandfather, and so on.
This acknowledgement may be by attribution to others first, and then to him himself, such as to say headquarters: So this is my brother, as this acknowledgement makes it necessary for Headquarters headquarters to have his father’s son first, and then the headquarters has his brother, which was first mentioned.
The entitlement of the headquarters to the latter in respect of the estate is required to be an unknown proportion, otherwise the acknowledgement is not valid, and the percentages are not fixed in bed or in evidence, because if one of these two roads is proven to be due in the estate, as the son of the person who carried the filiation, it is required that it be maintained by Headquarters until He dies, his return was self-evident, and the ruling of such a declaration can only be proved to her if he is established by the evidence, or by the other who has been charged with the lineage, if this is not treated by the residence in terms of inheritance and other rights attributable to the same headquarters.
If there is no third-rate receivable, the entitlement was recommended in more than one thirds, by the unanimous opinion of the four imams, since the omission of the intestate in more than one third was the right of the heirs, and if no heirs had executed the will, as recommended by the recommended.
If it is not a disaster, it is not based in proportions, and is not recommended for more than a third, the estate or the rest is for the public treasury.
At the Shaafa’is, the house of money is inherited from the heirs, taking all the estate or the rest.
The TAP said that the House of money takes the estate or what is left of it as an unknown owner, and therefore does not stipulate the conditions of inheritance from the Union of religion, and other, but the House of money takes the legacy of the Muslim and non-Muslim, and spends in the banks of the House of money, even if it is a legacy of the non-Muslim.
Barriers to Inheritance:
Article 292 provides for the prohibitions of inheritance, stating first: Intentional homicide, the death of a murderer or a partner, causing, ordering, or instigating, inciting, participating, or observing the population during the initiation of the killing, placing the poison, or falsely witnessing the death, and executing the sentence.
However, intentional homicide does not always prevent inheritance, as it is not precluded from it, in these circumstances, if the killing is retribution, a limit, or if the murderer is in a state of legitimate self-defence, or money, than is provided for in the Penal Code, and the husband kills his wife and adulterer when they surprise them, as well as the killing of the uterine The adulterer, when they are surprised, is not precluded from inheriting in the case of self-defence, even if the right of legitimate defence is exceeded. This is taken from Imam Malik’s doctrine, as it is taken from him that manslaughter does not preclude inheritance.
Second: Differences in Religion:
The first paragraph of article 293 stipulates that there is no inheritance between a Muslim and a non-Muslim, since a Muslim does not inherit a non-Muslim, and a non-Muslim does not inherit a Muslim, because the difference in religion forbids inheritance.
Denying a non-Muslim to inherit a wife, or a Muslim relative, is unanimously accepted by Muslims of all ages, to say: “The people of Multan do not inherit anything, the Muslim is not inheriting the infidel, and the Muslim Kaafir does not inherit.”
The non-inheritance of the Muslim Kaafir saying the most companions–the opinion of the public of the Fuqaha ‘, after them, and Muawiya and Mu’az Allah (may Allaah be pleased with them) that the Muslim inherits from his relative or wife. God, do not prove to a kaafir on a Muslim, and prove to the Muslim a kaafir, they see that the Muslim inherits the relative of a kaafir, and the law was passed on the opinion of the Sahaabah, which is that it is not inherited with different religion.
The second paragraph of the said article stipulates that non-Muslims inherit some of them, although their religions differ, the Christian inherits the Jew, and the Jew inherits the Christian.
The law in this is taken in the doctrine of tap, and Shaafa’is, considering that the people of these sects, and religions all in exchange for Islam is one religion, and one religion, so they inherit among themselves, although their beliefs differ, there is no difference between a Jew and a Christian, and not between one of the people of these religions and Majusi, for example.
The Malikis and hanbalis that they are not inheriting among themselves except at the union of the sect, and restricted, the Jew does not inherit close except if he is a Jew, as well as the Christian.
The third paragraph of the article stipulates that the difference between the two countries does not prevent the inheritance between Muslims, as the Muslim inherits the Muslim, even if one of them is under the authority of a non-Islamic State, because the Islamic State prevails over Muslims, all by virtue of Islam.
The fourth paragraph stated that the inheritance between non-Muslims would not prevent the difference between the two, unless the law of the foreign home was prohibited from inheriting the alien, and if it was not prohibited, the difference in the house was not prohibitive, if a Christian died in Kuwait, and had heirs in a foreign State whose law did not prevent the alien from inheriting it, These heirs inherit their genes who died in the State of Kuwait.
Inheritance of the Apostate:
Article 294 stipulates the provisions of the inheritance of the apostate, paragraph (a) provides that the apostate does not inherit from anyone.
There is no disagreement between the scholars that the apostate, who left Islam by his will and choice, does not inherit anyone who collects it and them a reason for the known inheritance, not from the Muslims because of the difference of religion, nor from the people of religion that he moved to, or any other religion, because it does not harm the religion he moved to on the one hand and because In the judgment of the deceased on the other hand, to waste his blood, because of apostasy, because he ysttab, if he did not return to Islam killed, if he is a man, although a woman is imprisoned until death realizes.
As for his prior or subsequent apostasy, paragraph (b) stipulated that his heirs would be Muslim at the time of his death, if he did not have a Muslim heirs who had his money in the Treasury general, according to the doctrines of Shaafa’is, Malikis, and Hanbalis, who see that his money before or after apostasy, if he dies or is killed by his apostasy, is Veet, and indeed to the home Money.
Imam Abu Hanifa went on to believe that the heirs of the Muslim apostate inherit his money, which he had before apostasy. His money, which he earned after the apostasy, is for the House of Money, and the two friends went to the fact that the heirs of the Muslims inherit all his money before and after apostasy, and clearly the law was carried out on the doctrine of the righteous.
Book II
Causes and types of inheritance
Material: 295-310
Article 295 stipulates that the causes of marital inheritance and kinship, which have been expressed as a result of inheritance, indicate that the reasons for inheritance are not confined to marriage and kinship, since the heritage of Sharee’ah is another cause of causation (loyalty to the family), and is not mentioned among the grounds for inheritance in the article, because the slave does not exist now, and has Slavery was abolished, prohibited by international treaties and signed by the State of Kuwait.
Part one
Inheritance by force-the legacy of the couple
The share of the couple in the inheritance is stipulated in the verse of the verse: “But half of what left your husbands if they have no child, if they have a child, you have a quarter of what you left, after a will they recommend or religion, and have a quarter of what you leave if you have no child, if you have a boy they have a price The husband takes half of the estate of his deceased wife if she has no male or female son, if she has a child, only a quarter is worthy.
The wife takes a quarter if her deceased husband is not born, if he has a child who is entitled to the price, one quarter or the price, and the participation of more than one, two, three and four.
It is the child who belongs to the deceased male or female, his children alslbion the direct male or female, and the branches of his sons, and the branches of his daughters do not belong to him, so the Fuqaha ‘ said: that the one who transfers the share of the husband from half to quarter, and the wife’s share of the quarter to the price is the inheriting branch, and The owner of the imposition, or the clique. But if he’s a surrogate, he doesn’t move.
The inherited branch, which influences that effect, is required not to be a barrier to inheritance, if the wife, for example, has a non-Muslim son, or he is the one who killed her, as if there is no branch whatsoever, as is the case in every imposing effect on his branch share, it is required not to mediate between him and the female death, and the It is a barrier to inheritance.
The inheritance of the spouses requires that the marriage be a fact or sentence at the time of death, that the deceased be a husband at death, that the wife is an aggressor from a retroactive divorce, that the deceased is considered a fugitive from the estate, and that the number is present. As a result, inheritance in marriage is conditional on two conditions:
1. The marriage is valid.
2. The list of time of death is a fact or a sentence, if the divorce is irrevocable, it is not inherited, even if the wife is in the kit only if the divorced woman is considered a fugitive, all in the inheritance of Muslims.
Non-Muslims, in the succession of spouses, is a conflict between sects.
Inheritance by kinship:
The inheritance is by kinship by way of imposition or blindfolding.
The imposition of an arrow is estimated in the estate, such as half or quarter, or third, or sixth, or the price, and the owner of the imposition of an arrow in the Qur’an. , year, or unanimity. The estimated hypotheses in the Holy Qur’an are one year, half, quarter, price, two-thirds, one-third, and a sixth. It begins to inherit from the authors of the hypotheses, who are mentioned in Article 296. In the articles: 297-302, how to inherit the hypotheses. Article 303 stated that if the hypothesis of the estate were to be increased, they would be divided by a rate of fairness. As some jurists say, there are three obligatory duties: a fair duty. and a minor obligatory. and the obligatory family.
The fair is that the arrows of the people with the arrows of money were to be set up, leaving the deceased two sisters, two sisters of mother, two-thirds sisters, and one-third mother.
The obligatory obligation is to have the arrows of the hypotheses without money, but there is a clique, they take the rest after the owners of the hypotheses.
The obligatory part of the family is to have more arrows than the arrows of money, the deceased had two sister sisters, a husband, the two-thirds sisters, the half-husband, and then there is the reliability, which is the subject of article 303.
And if the heir has inherited a legacy of both of them, a husband is a cousin and a brother Lam a cousin.
Part two
Inheritance by blindfolding
Material: 304-310
The clique of the man in the language of his kinship, like the collection of Aasab, and if this does not allow everyone such as student and students, unjust and darkness, from the nerve of the people if they surrounded him.
The inheritance is the one who does not have a name, and who takes all the inheritance, if not for the deceased heir or the rest, and if the heir of an imposing imposition did not take the estate, and takes nothing if the hypotheses took the estate.
The origin of the inheritance is: “God recommends you in your children for males such as the luck of the two females,” said the Almighty: “If they are brothers men and women, like the luck of the two females,” and say: “What kept the hypotheses is the first male.”
The league is two types: a relative clique and a causal band.
The Causal league is intended to be the aged, the male clique and, as has already been said, no inheritance for them now.
The relative league is the relatives of the male deceased, whose status is lower than that of females who do not mediate between them and the dead female, such as the Son, son, August, grandfather, brother, brother, and male descendants.
They are three types:
1. A League of self.
2. A League of others.
3. A clique with others.
(1) The league itself:
They are male relatives who do not mediate between them and the dead female, such as the Son, son, August, grandfather, brother or August, and these are the origin of the blindfold, because the clique is originally by men.
(2) The League of others:
They are women with differences in their class, a male, a clique of his own, a clique with him, and a male like the luck of the two females. The band’s condition is:
(1) The female must be the author of the imposition.
(2) to be angry with her in one degree, and the power of one kinship, such as brother and sister, and the brother to August with the sister of the August, and only the case of the presence of son son of son with the daughter of the son, if she needs to be a clique with him, with a different degree, if she did not consider his clique do Inheritance, even though it is higher, has made a clique of it so that it is not an anomaly by inheriting the furthest below the closest, if it does not need it, it is not a clique of it, as if with it in its degree how angry with a brother, or cousin.
(3) The league with others:
It is every female who needed in Asobetha to others who is not originally a clique not by himself, nor by others, which are only two: sister and sister to August with the branch of the feminine heir, whether they are girls praying or daughter of son, whether one or more, and the origin in this saying the prophet prayers and safety on him : “Make sisters with girls a league.”
Article 305 indicates the self-disposition and succession of the parties, and article 306 indicates how the league is to be inherited in the case of the Union in the party, and that it differs from what does not require a statement.
August and grandfather’s heritage:
Article 309 stated the August and grandfather’s share if he met with the girl or daughter of the son, and that he had descended as one-sixth, and the remainder by means of blindfolding.
August Inheritance:
The decision in the inheritance provisions that the father has three cases:
(1) by imposition.
(2) Inheritance by blindfolding.
(3) inherit them together.
(1) He inherits by way of imposition, which is one sixth if there is a masculine branch: “His parents have one sixth of them, which leaves him if he has a child.” As long as the boy is a son, the father is one sixth of all, because the son in this case is the one who takes the rest after the hypotheses.
(2) The August inherits by means of the deceased if the branch is not absolute, fixed by saying: “If he has no son and the heirs of his parents, his mother has a third,” the mother’s share is said to be the rest of the father.
(2) August inherits by imposition and blindfolding in the presence of the author’s inherited branch, taking the one-sixth, and the remainder by force. As for the sixth, he said: “The parents of each of them have one sixth of what left if he had a son,” and the rest is the hadith: “What kept the hypothesis for the first male man”, because the August in this case the closest male, if in the estate remains, if not staying, nothing but the imposition of a sixth. As if the deceased died of two parents, a wife and two daughters, the wife, in this case, the two-thirds, and each of the August one sixth, there was nothing left of the estate after the owners of the hypotheses, and even more hypotheses about the estate.
Grandfather’s Legacy:
Grandpa if he has no brothers, no sisters, he has the previous cases of the father, because the grandfather when the August lost many of the legal provisions of the father, it is as the August in terms of self-jurisdiction, in terms of financial jurisdiction, and as August in that he does not kill his son, and in that the night of each of the others is not resolved, and in not accepting Certificate, and in that it is not permissible to pay zakaah to him, which is called a August in the absence of real August, and therefore applies to him: “And the parents of each of them one sixth of what left if he had a child, if he had no child, and the heirs of his parents, the mother of the third”, in case of the closest male.
But if he is with Grandpa Brothers or sisters or for August, his share is what article (310) stated that if the grandfather met with the brothers and sisters of the two August had two situations:
First: To be named as a brother if only males, males and females, or females are blindfolded with the inherited branch of the female.
Second: To take the rest after the owners of the loans by the blindfolding and if it with sisters did not get angry with males, or with the inherited branch of females.
However, if the name or the inheritance of the person on the advanced face deprives the grandfather of the inheritance, or lacks one-sixth, he is considered to be a sixth, and is not considered to be concealed from the brothers or sisters of the August.
The grandfather’s inheritance with the brethren is disputed between the companions, and after them. The doctrine of Abi Bakr, Ibn Abbas, Ibn Omar, and many companions that the grandfather as August obscures the brothers and sisters, they do not inherit anything with him, and that is what Imam Abu Hanifa has taken, to the foregoing that as the August in many judgments. Ali ibn Abi Talib, Ibn Massoud, and Zeid Ben Thabet said that Grandpa is a brother and sister, and he is considered a sibling with siblings, a brother to August with the brothers to August, and the inheritance is by blindfolding, for males like the luck of the females if he does not decrease his share in the name of the sixth, the decrease of one sixth The remaining sisters, for the male weakness of the female… etc. And the argument of our master on, and with him that the inheritance of brothers is proven by the Holy Qur’an, they are only obscured by a text. or unanimity, or a true measure, and there was none of it, and brothers and sisters are equal with seriousness in the cause of merit, since both the grandfather and the brothers cast into the dead August, so the grandfather, his brothers, and kinship is not inferior to the kinship of parenthood, and it is clear that the law was based on the doctrine of Ali ibn Abi Taleb-Reda God about him.
Book III
Cloaking
Articles 311-317
Blocking is the language of prevention at all, and in the terminology of the hypothesis prevent a person from all his inheritance, or some by the presence of another person, two types:
The first is to withhold a decrease from the share of the inheritance to a lesser share, such as the husband’s transfer for the reason of the boy’s presence from half to quarter, the wife moving because of the boy’s presence from quarter to price, and the mother from one-third to a sixth with siblings.
Second: Withholding of a denial of inheritance, such as blocking the brother’s nephew with the brother and cousin.
The inheritors for blocking are four types:
1. A section entitled to a full share that is not diminished, such as a girl when she is alone, she is worth half as long as she is alone, and this section is the reason for the inheritance, and its inhibitions are negated.
2-The person who did the reason for the inheritance, and did it against his inhibitions, he was a murderer, or different in religion with the deceased, or different in the house, which is considered in the bad judgment, he does not inherit anything, and does not affect the share of others in any way, if the deceased the son of a murderer, or non-Muslim, it is b The husband, nor the wife, such as this is called forbidden, or haraam (article 312).
Third: Heirs who have done a reason, and no objection, but found who is the first of them to inherit, they did not take anything, such as Grandpa when there is August, and brother to August when the brother is present.
Fourth: Who did the cause of the inheritance, and the obstacles were absent, and there was no first of it, but found who needed to adjust the shares, detracted his share from the most to the least, as one of the spouses from the inherited branch.
Book IV
Reply
Article 318
The reply is the third step in the distribution of inheritance, if the hypotheses do not take the estate, there is no league of proportions that takes the rest of the inheritance against the reliability.
To reply, according to the article, two rank:
The first is: to respond to non-marital hypotheses, if there are no blindfolding.
Second: The reply to the couple if there are no persons or a clique, nor the relatives, in this case the couple is answered.
The Companions of the Prophet (SAS) disagreed on them in replying to five statements:
1. Abdullah bin Masood saw that he replied to the authors except the couple, and the sister to August if her share was one sixth, and the son was built if there is a girl Salbiya, the children of the mother, and grandmothers, and his argument that the reply proves only to strongest of those who did not specify a specific share in the Holy Qur’an does not accept retardation, like Mother, sister, or August if there is no sister, they have a power in the hypothesis for others, and their shares are changeable and resemble the league.
The second is that he is responding to all the hypotheses, because the reliability decreases their contributions, including the couple, where the reliability proves the response, because the determination with the sheep.
3. Abdullah ibn Abbas, in one of the two accounts, said that he replied to all the others, except the couple, and the grandmother, because their assignments are fixed by the text, so they are not increased, because the reply is more than proof.
4. Zeid ibn Thabet said that he did not reply to the authors, because their duties were fixed in the text, and the reply was more than what was said in the text.
5. The opinion of Ali (may Allaah be pleased with him) that he responds to all the authors, except the spouses, for proof of their entitlement to another evidence, namely: “and the womb first of them,” as the verse proves for the people of the hypotheses really other than the hypotheses, and also when a woman came to the Prophet peace be upon him, she said OH Rasulullah (SAS): I believe my mother is a maid, she dies, and she is still on the way. He said peace and blessings be upon him: “You have to be paid, and I return to you in the inheritance,” if her reply was not worthy of all the ongoing.
The tap was chosen, and the Hanbalis saw Imam Ali. He chose Malik, and Shafi’i Rai Zeid Ben Thabet.
The law was based on the opinion of Ali-Karam and his face-in replying to all other persons except the couple, with the opinion of Sayyidina Osman in reply to the couple as well. But he made the reply to the couple after the inheritance of the relatives in the opinion of the interest to develop a response to one of the spouses with delay of the relatives, if no one of the hypotheses, nor the relative league, nor the relatives with one of the spouses, took all the inheritance, in response, because the relationship of the couple in life requires in this The situation is the right to the other’s money instead of other deserving people.
He confined the doctrine of Osman Ibn Affan to whether there was no one with the husband or wife who had the right to maintain kinship, which linked the house to his kinship by dividing his money between them and one of the spouses. Allah Almighty said: “The wombs are the first to some of them”, and also saw that it is in the interest to provide a response to the persons in charge, and to inherit the relatives, and reply to the couple on the non-League of parentage, taking the opinion of many companions including Abdullah bin Massoud.
Book V
Inheritance due to uterus
Articles 319-327
The children of the womb and the first one in the language, the relatives who are linked by the kinship, the word includes all relatives, whatever their degree of inheritance.
In terms of the term, the relatives are those who are not the ones who are not, the clique, the female or male who mediate between them and the deceased, and their rank in succession, as stated in the law after replying to the relative authors, in their inheritance they mediated the two types of reply, and they are offered to respond to Other than the couple, followed by a reply to the couple.
And the relatives of the four varieties, each submitted to some in inheritance, have been included in the law in the articles: 319-325
The inheritance of the relatives is a matter of contention between the Sahaabah and after them, the Imam Ali, Omar ibn al-Khattab, Abdullah ibn Abbas, Abdullah ibn Massoud, and other senior companions were pleased to inherit them after the leagues and respond to the relative hypotheses.
Zeid Ben Thabet, along with some companions, went to the fact that they were not taking anything, and the money was for the Muslim house. The first was chosen by the imam: Abu Hanifa and Ahmed-May Allah be pleased with them-the two:
First, he says: “The wombs are the first of them in the Book of God”, and they give the mother a general word that includes all the relatives, whether they are blindfolding, an estimated arrows or not of the two teams. The children of the womb who are not the ones who do not have a hypothesis, nor the league within the priority mentioned by the Koran, and it is a priority to take the money of some of them, if not others, a first understanding of the text of God’s book. They are definitely the first of the House of Money.
Second: Omar ibn al-Khattab was pleased with him and gave the uncle in the absence of others, and entrusted that judgment to the messenger of Allah-peace be upon him-he said: “The Prophet (peace and blessings of Allaah be upon him) said:” God and His messenger and me of No Molly, and the uncle and heir of his heirs, “This was a new Kinship, no one of this text can say that the inheritance of kinship has no support.
Thirdly: if the relatives do not take the estate, the Muslim community, the Muslims, who are Muslim, and who increase the kinship of the deceased, will be more likely to take what was left of their relative.
Zaid ibn Thabet, the Imam of Allah (swt), chose to say: Malik and Shafi’i-may Allaah be pleased with them-the fact that Allaah is among the heirs of the writing of the inheritors and their descendants, and that the relatives did not give anything, and did not correct in their inheritance a year, to give them without text, and not to carry any text It is true that the Prophet (peace and blessings of Allaah be upon him) was asked about the inheritance of aunt and aunt: Gabriel told me that there was nothing for them.
And the saying: “And the kinship of each other in the Book of God,” and the saying: “Men share what left parents, the closest, and for women a share of what left the parents and the closest,” the two bodies outlined by the verses of the Moarth, they do not generally show anything plus, because if a public and private, a public pregnancy on your As if the overall, what the evidence of the overall load on the shown.
This was the case at the Imam: Malik and Shafi’i, and that there was no response to those who were in charge of the money at the time of the reply, and of giving the relatives, and then that the House of Money is the first to reply, and the relatives if the one who is fair, gives all who have the right and spends the money of the Muslim house The money house was not organized, and it was not fair, the money was spent in its legitimate banks, the basis on which the priority was built has changed, and so the verdict changes, so that when the house system was corrupted in the third century Hijri, and corruption continued, some of the Maalikis scholars, and Shaafa’is to inherit the relatives Instead of giving the house of money, this view became the mufti, and Imam Shafi’i stated that the taking of the relatives in this case is a matter of caring for the interest, not from the door of inheritance.
Those who saw the inheritance of the relatives differed in this in three ways: one of the way in the law, the doctrine of Imam Ali’s consent, and the taking of the tap, which is the method of kinship, i.e. the arrangement of them according to their own decision, in terms of the power of priority in itself, since the kinship is different in its strength, pain You will be entitled to the first relative, and the one who is the nearest male is the closest man, so they measured the priority in kinship for the relatives on the priority of kinship for the people, and so they divided the relatives into varieties, as they divided the leagues, into destinations, and they considered the first of the Kinship branch, as It was the case with the casting, and they considered the weight to be strong, then the strength of kinship, then the male like the luck of the two females, as in the leagues, and no consideration for the multiplicity of kinship and relatives in the heirs of the parents only when the entity differs, meaning that about the August hand, and relative to the mother, if he met a relative For the August, close to the mother, almost two-thirds August, and for nearly one-third mother, as an aunt of August and mother, and maternal aunt, the sister-in-death has two thirds of the deceased’s estate and a third mother. This is provided for in article 326.
Book VI
His headquarters by descent
Article 328
This book included one article “328”, in which the heritage of the headquarters was indicated by descent, whether it was self-recognition or otherwise.
He has already spoken to him in relation to others and the terms of his entitlement-when talking to those who are entitled to inherit if he is not a heirs, he is satisfied with it.
Book VII
Miscellaneous provisions
Part one
Pregnancy
Articles 329-331
This material showed the inheritance of pregnancy from his father and non-father, and the share that is suspended until his birth, and the conditions to be met in it, for his inheritance, and article “289” of the Law stipulates that “the entitlement of the inheritance shall achieve the life of the heir at the time of death of the gene Truth or judgment”.
The pregnancy is due to heritage if it is provided for in article 330 of this Law.
In the womb of a nation, pregnancy is a frequent and non-existent, because if a child was born alive, his life was based on the time of the death of the gene, a dead boy was considered absent at the time of death, and the pregnancy was frequented between male and female and more often than not, the share is different from masculinity and femininity, and may be imposed by female Ofer.
In order to do so, if there is a pregnancy in the heirs, the estate cannot be permanently distributed before the birth, but it cannot be divided even by arrows before it, and delaying the division of the estate until after childbirth may harm its beneficiaries, for the benefit of the pregnancy and the deserving, article 329 provides that it is interrupted for pregnancy from the estate of the deceased. Share the assessment that he or she is male or female.
The pregnancy has four situations: the first: He never inherits, as if a man dies from a wife, two sisters, a mother and a wife August pregnant, the pregnancy here does not inherit any male or female, because if he is a male, he is a brother of the August takes the rest, not in the matter remains, although female is a sister to August blocked by the sisters Two thirds.
Second: to inherit a single male or female, if it is the mother’s children, was the gene, either pregnant with the deceased’s father, Sister sisters, and a sister of the August, in this case the pregnancy is worth one sixth, because it is the mother’s boy.
Third: to inherit one of the two, and does not inherit on the other, as if the heirs are a husband, sister sisters, other mother, and wife August pregnant, the pregnancy in this case if it is a male does not take anything, because it is AASAB, and it took the estate, although a female deserved one sixth supplement to two thirds with sister.
Fourth: to inherit the imposition of masculinity, femininity, and the share differs from both the two, in which case the issue resolves two solutions: a solution to the imposition of masculinity, another to the imposition of femininity, and gives the existing heirs to the lowest shares, and saves for the pregnancy the most of the shares, plus the differences of assessment and those affected by the multiplicity taken from it Sponsor.
This is as if a pregnant wife dies, built, and August, in this case the wife has the price, and each of the August one sixth, the remainder of the pregnancy if male, and the girl, for the male, such as the luck of the females although the pregnancy is female, the wife price, and each of the August one sixth, and the two-thirds, count the
The inheritance of pregnancy is conditional on two conditions:
The first is that the whole is born alive, that his life lasts until the birth, if he dies before it is perfect, he does not inherit. This is the doctrine of the three imams: Malik, Shafi’i, and Ahmed. The faucet does not require that the whole birth be alive. It is enough for his inheritance to descend more alive. The law was based on the doctrines of the three imams.
Second: To prove that he was in the abdomen of his mother at the time of the death of the gene, in two ways: one is real certainty, by giving birth to seventy and two hundred days at most from the date of death.
This is if the marriage is at the time of death between the pregnant woman and the owner of the pregnancy, and this condition is only imagined if the child is not solid to the deceased, and if he is born for more than that period, he does not inherit. If the pregnant woman is a wife or a death offender, or a band, and the gene dies during the course of the kit, the pregnancy inherits if he is born alive for sixty-five days and 300 days at most from the date of death or the band, and proves the ratio, which is the second method of confirmation.
These are the provisions of article 330 and the reliability of estoppel, because the street is a decision of the descent in these circumstances, that the marriage at the time of death-the significance of death or a band-and as long as the lineage is proven, governs the consequences, which is inheritance. Article 329 stipulates that if the detainee is not able to carry a pregnancy, the remainder is due to the person who has entered the increase in his share of the heirs. If the detainee increases his pregnancy, he or she is entitled to the excess of the heirs.
Part two
Missing
Articles 332, 333
The missing jurists knew that he was absent, who did not know the case of he is alive or dead. The imams disagreed at a time when he was sentenced to death, and the imam, Abu Hanifa, and Malik went to his death from the time of the judge’s judgment, but his life before that did not prove to him rights not, so he does not inherit the one who inherited before it, because the judge’s ruling is the reason, and it goes from his time, and his life before The reformed argument for the survival of fixed rights, does not fit an argument to prove non-immutable rights. Shaafa’is said, Hanbalis: The missing inherits who dies if lost, and before the verdict of death, because his life has imposed a fixed list, and as long as it is imposed, it proves to him all the rights that life requires. Continue the controversy in the case, the tap restricts him to keep the rights fixed, and does not come with rights that were not fixed, it prevents the transfer of the lost property to his heirs, but does not prove the ownership of the missing in other. As for the Shaafa’is. The Malikis say: If the situation proves all the rights without distinction.
This is all if the date of his death is not known by evidence of his own, or a formal paper proving his death, and even after his death, in which case the evidence is the reference to which, if he proves that the death was prior to the death of the gene, in which he stopped his inheritance until the judge ruled, it was decided. If his death is after the death of that gene, and thus the requirement of inheritance is met by the unanimous opinion of the Fuqaha ‘, and all this, if not, if a death sentence has been pronounced, then evidence of his death appears on a fixed time, it includes proof of his life before that date. He proves his life at the time of the death of a gene, and if the evidence proves that his death was after he died, that his death was subsequent to the date of his death, it would be as if he appeared alive after the verdict of his death, and therefore his heirs take the money at the time of his death, because they stand in his own money or acquired after the absence of proof of life.
It is clear from the foregoing that the law has taken the doctrine of the tap, Shaafa’is with regard to the date of death sentence, and if the missing person appears alive after the verdict of his death, his money, whether fixed before the absence or acquired by virtue of Sharee’ah, such as inheritance and wills, takes him if it is in the hands of the heirs, although it is consumed, It is not requested in value, because the claim is based on their guarantee of these objects, and the guarantee is one of two things:
(1) Contract as collateral of the encumbered eye.
(2) The infringement, the contract does not exist, and the heirs are not infringed, because what was proven in their hands was a legitimate deed of the judge, although something in the hands of the heirs took him.
Part III
Shemale
Article 334
Shemale is a human being showing signs of femininity and other signs of masculinity, and who often have a vagina and male who declares masculinity, or femininity, if any, the two principalities oppose.
If a man is born as such. If one of the two signs is found to be the most, the most influential and the strongest influence is judged thereunder. If the male is dominated by the signs of masculinity, and if she is a female if she has a feminine mark, if she does not show a case before puberty, wait for puberty, where femininity or full masculinity, so he knows which marks most, and then judge, if he is not aware after puberty, a situation is a problem, and called shemale problem.
The Fuqaha ‘ differed in the distinctive signs, and it was said that before the urine, the male said, he is a male or a female, this is the view of Abu Hanifa, and the two friends said: Look at the most Paula.
The updated jurists went on to use the expert, and their opinion is taken, as the medical sciences have progressed, and surgery and others can know the predominant condition of masculinity or femininity, if not the ruling on the inheritance of the shemale, the problem of what is stipulated in the article, the doctrine of the tap, and one of the sayings of the Shaafa’is.
His share was the lowest of the present, because the description to which he deserved must be known with certainty, because its introduction would inevitably affect the share of others, certainly without doubt, and nothing would diminish the right of others only for a strong reason and show the positive cause of that right, and if that was not the case, the right that had been fully established was not Exhibitions, and by applying it to the shemale should be given the loss of the shares, because if they were to give them they would have been reduced by others without the strength of their reasons.
At Imam Malik, and telling Abi Youssef from the tap that the problem shemale takes the average of the female and male shares, the issue is solved as a female. The two shares are collected, and the average is given.
At the Imam Ahmed that if he were to disclose a case after a time, he would give the heirs less than the two shares, as well as the lesser shemale, and stop the rest until the situation, the Shaafa’is doctrine, was revealed. If not, please state the distribution as the Maliki doctrine.
The tap doctrine has been chosen, because it is the fairest and the most adjusted of opinions, all of which can only be after despair of revealing a situation and continuing forms in it.
Part IV
Adultery was born, and the boy was born
Article 335
The article stipulates that, taking into account the period set out in the last paragraph of article 330, the child of adultery is inherited, the mother is born and her kinship is inherited, and the mother inherits them and relatives, as the child of adultery was found to be linked to his mother, and it was irrelevant to whom the pregnancy was visible, the lineage of which was not proven, even if known, and based on the fact that the pregnancy was adultery, Because a proven lineage is a blessing and grace is not caused by a crime.
It is prescribed in the Islamic sharia that those who aim to be fortified with adultery will whip eighty lashes unless he throws his wife in adultery, or denies the lineage of the boy, he does not be flogged if it is not meant to play in Surat Al-Nour, if the curse as shown in the verses is a difference between them, and the wife was forbidden to lie himself Fegel D Eighty lashes, proof of parentage, and in the case of banishment of parentage no inheritance between them, because there is no reason for inheritance.
But the proportion of a nation is fixed with certainty, proving the inheritors between them, by the agreement of Jurists for the boy of the Playboys. And as the public says to the child of adultery.
The son of adultery, born to each mother’s kinship, whether they are the authors of a marriage, inherited from his mother, and the relatives of his mother, each in his own inheritance, inherits his brother’s mother, inherited by his brother’s mother, and so on.
All this, taking into account the provision in article 330, that the inheritance of a non-father’s pregnancy is required to be born alive for sixty-five and 300 days at most from the date of death, division, etc. This entails two things:
(1) If she is pregnant with adultery or has denied the proportions of her pregnancy, he shall be entitled to inherit the death of the one who dies, which is to prove that he was in the womb of his mother at the time of his dying, by birth in the previous period.
(2) If the pregnancy has been born for more than the previous period, it does not prove a proportion of the divorced or deceased if there is a matrimonial mattress, no adultery, and no attribution. In this case, the aggressor does not inherit from the author of the kit, and the wisdom of a child who is born adultery or to inherit, inherits his mother and kinship, and inherits him and her relatives unless it is proven by a legitimate declaration, he inherits his father.
Part 5
Exit
Article 336
Exit is legally permissible, because it is a contract, or a contract of sale and purchase.
Amr ibn Dinar stated that Abd al-Rahman ibn Auf divorced his wife Tamador bint al-Asbbeh in his death, and then died in the kit, and was inherited by Osman May Allaah be pleased with three other women, for a quarter of its price, on eighty three thousand, said: dinars, and said Dirhams.
For the fermentation according to the article Three pictures:
The first is to leave a legacy with another heir to give him his share, for a sum of money, in which case the estate is divided on all the heirs, weioo’l the share of the deceased to the one who committed to pay him from the heirs, because he actually sold him his share of the estate, for that allowance.
Second: It is the most pictures of the exit and usually, one of the heirs reconcile with the rest to leave his share, and takes its allowance a certain part of the estate, such as a house, and the rest of the estate to other heirs, when it happens, the king of the assigned part and the rest of the heirs, except this part, and the remainder of the estate Except for the heirs, in proportion to their respective tasks.
Rath, or evenly between them without looking at each other’s arrows or each of them has contributed to the allowance that they made to the outside of less or more than the corresponding arrows, the conditions three, and the division of the share of the outside is as the case, if the paid of their money, and did not stipulate in the contract of exit the method of dividing the share of the He poisoned his share of the heirs in proportion to what they paid each.
In exit years, the provision is not related to a particular estate, nor to a type of money without a type, covering the estates that are known for certain, the legacies that have not been described, the amount of which is unknown to the appointment, and includes the estates of the debtor, as well as the legacies, some of which are debts of others, and those that have no debts .
The project has opted for palatable terms in the inheritance sections, replacing:
Grandpa’s got the right grandpa.
And the uterine grandparent with bad grandfather or wrong grandfather.
and grandma fixed in the correct grandmother.
A grandmother who is not fixed by a rotten grandmother or an incorrect grandmother.
And the aspect of the inheritance of the kinship with the space.
Criminal provisions
Chapter I
Prosecution intervention in some personal barriers
Articles 337-341
The Department of Public Prosecutions and Hisba agree on legal adaptation and unity of purpose, aimed at defending public order and the interest of society. The actio popularis is the basis of what Allaah has commanded us to do by forbidding evil, the obligation of every individual to contribute to the maintenance of the rules of public order and the defence of the rights of God, and is only a pure right to him, or a right that prevails over God, and does not purport to claim or defend his own rights, but defends the interest of of public order and law. In the eyes of the scholars of Islam, where the removal of the evil, is adversarial in terms of the necessity of it, and a witness from the side of endurance, and this is confirmed hypotheses. The words of the Fuqaha ‘ are dominated by the release of a witness of HISBA without a prosecutor, who is in fact a plaintiff and witness as the two sides of necessity and endurance, and accepts his claim in many matters, fourteen of which are considered, and the author has increased the four.
It has been observed, with the temporal evolution, that if this is left to individuals in the community, it is the one who takes the means to defame or give a wrong to others, which is inconsistent with the legality of HISBA, whereas the important role of the Public Prosecutor’s Office in defending the interest of society, an impartial public body, seeks to protect the status Legal, which, directly claiming or expressing its opinion, rarely speaks to the truth. The draft then opted for the Public Prosecutor’s Office to function in certain personal status cases by claiming or intervening in cases involving the plaintiff or the respondent, as the case may be in any case where the case was involved, in any order affecting the public order if no one of the persons concerned progressed.
The general regime is intended to provide for the provisions of the Islamic Shariah in the circumstances provided for in article 339, and the intervention of the Procurator’s Office is a guarantee of the application of the law in accordance with the public interest which has been targeted by the applicable legal benefit and thus assists the judiciary in achieving this objective.
The project had the effect of presenting its designation at that time to the acceding party, because it was seeking to apply the law, and its application might be incompatible with the interest defended by the plaintiff and the respondent, not as a party, but as a representative of the public interest in its opponents, and it was clear that if it did not intervene the The ruling in the case is null and void in relation to public order.
In order for the Prosecutor to discharge her mission, article 339 states that her presence is not necessary in cases of obligatory intervention when a warrant is given and that she does not need to be present at the pronouncement of the sentence.
Article 340 made it clear that, in the course of the proceedings, a matter requiring the intervention of the Procurator’s Office would be notified by order of the Court, since it was for her to assess whether that was the case in which the prosecution intervened.
Article 341 regulated the date of submission of the prosecution’s briefs. She has the right to appeal the verdict, even though she has not intervened.
Chapter II
Miscellaneous provisions
Article 342
We calculate the years and months contained in this law in the lunar calendar.
Article 343
All that is stated in this law is due to the famous in Imam Malik’s doctrine, if there is no other famous dish, if there is no provision, then the general principles are applied in the doctrine.
Article 344
Final judgements issued by the Personal status services are an argument before all circles.
Article 345
The application of the provisions of this law to the Personal Status Department of the Court of the whole and the extraordinary and discriminatory.
Article 346
A. This law shall apply to those who have applied the doctrine of Imam Malik, and otherwise apply their own provisions.
(b) If the parties to the conflict are non-Muslims and have different religion or–a doctrine that is the subject of the law.
Article 347
This law is published in the Official Gazette, and operates from October 1, 1984.

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