Types of marriage and its provisions
4.1.1.4 – Types of Marriage and its Provisions
(43 – 51)
4.1.1.4.1 – Species
(43 – 45)
Article 43
Marriage is of two types: true or false. (B) The right marriage shall be in accordance with the provisions of this Law. What is not true, which is invalid or corrupt.
Article 44
A valid marriage is impermissible, impermissible, or impermissible at all.
Article 45
(A) The marriage in force shall not be subject to any person’s leave and shall not be subject to dissolution, in accordance with the provisions of this Law. (B) An unnecessary force of marriage is the one that accepts the annulment because it is justified by this law. (C) An unmarried marriage is the one that has been held on leave on leave.
4.1.1.4.2 – Provisions
(46 – 51)
Article 46
A valid and valid marriage entails, since its inception, all its legal effects.
Article 47
A valid unmarried marriage shall not have any effects before leave or entry. If approved, it shall be deemed effective from the time of the contract. C – and enter into the rule takes the corrupt marriage after entering.
Article 48
Invalid marriage has no consequences for marriage.
Article 49
A marriage shall be void: (a) If there is an imbalance in the formula or in the eligibility of the contractor, the contract shall be prohibited. B – If the wife of incest kinship, or breastfeeding, or intermarriage, or the wife of others, or his aggressor, or divorced husband three, or does not resolve the combination between them and those in his infallibility, or do not condemn the religion of heavenly. If one of the spouses is an apostate, or the spouse is non-Muslim and the woman is Muslim. It is stipulated in paragraphs b and c above – proven knowledge of the prohibition and the cause, and ignorance is not considered an excuse if his claim does not accept from such plaintiffs.
Article 50
Any invalid marriage other than those mentioned in the preceding article shall be deemed corrupt and shall result in entering into it: B) Prove the pedigree of the children with his strips and the results set forth in this law. C – the need to prepare after the irony, consent, or spend, and after death. The sanctity of affinity.
Article 51
A corrupt marriage has no effect before entering.
4.1.1.5 – Effects of Marriage
(52 – 91)
4.1.1.5.1 – Dowry
(52 – 71)
Article 52
The dowry of the wife should be done once the correct contract.
Article 53
There is no limit to the minimum dowry or to most.
Article 54
Whatever is true of his commitment to Islam is valid to be a dowry, whether it is, or work, or benefit, which does not contradict the stewardship of the husband.
Article 55
A dowry must have a valid label in the contract. B – If the dowry is not named, or if the designation is incorrect, or originally denied, the dowry must proverb.
Article 56
A – It is permissible to postpone some dowry, and when the text does not follow the custom. (B) The period specified in the contract for the dowry’s entitlement to death shall be dropped.
Article 57
The release of the deferral in the dowry goes to the nearest term: Baynunah, or death.
Article 58
The husband has the excess of the dowry after the contract, and the wife may disparage it if they are fully competent to dispose, and this shall be followed by the original contract if he accepts the other.
Article 59
For the father, and then the grandfather Asb catch the dowry of the eldest until the age of twenty-five years, unless it is forbidden to do so.
Article 60
If the couple disagrees in the case of dowry, tell the wife before entering, and after the husband unless there is evidence, or custom contrary.
Article 61
The whole dowry is confirmed by the real entry, the right retreat, or the death of one of the spouses.
Article 62
If the wife killed her husband to prevent the inheritance before entering, recover from the grip of the dowry, and fell the rest of it. If the murder after entry is not worth the rest.
Article 63
A wife must have half of the dowry called divorce before entering or being alone. (B) If an excess is apprehended in half, it shall be increased. C – If given to her husband half of her dowry or more, it is not due to something in the divorce before entering or the right retreat, although what was given less than half of the dowry returned to the rest of the half.
Article 64
A woman shall have the pleasure estimated by the judge to be no more than half of the dowry, if the band falls before entering or being alone in the cases described in paragraph (b) of Article 55.
Article 65
The whole pony or pleasure falls if the band falls because of the wife before entering or being alone.
Article 66
If a man is married in the disease of his death more than a dowry proverb is on the increase rule will.
Article 67
(A) When a denial is not heard, a lawsuit that contradicts the marriage certificate of the dowry origin or its amount shall not be heard. If the document does not contain the dowry statement, the following articles shall be applied.
Article 68
A – If the couple disagreed in the origin of the dowry after the confirmation, and the inability of the plaintiff to prove, spent the name at the nickel, and dowry proverb at the back, provided that not more than what the wife claimed, and does not decrease what the husband claimed. B – This applies when the difference between one of the spouses and the heirs of the other. C – If the difference between the heirs of the spouses spent the name that proved the designation, otherwise Fmhr ideals. D – If the difference before confirming the mahr spent half if the naming proved, and fun if not proved, provided that not more than half of what the wife claims, and not less than half of what the husband claims.
Article 69
If the couple disagreed in the amount of dowry named, the evidence on the wife, the incapacity was to say to the husband right unless he claimed what does not fit to be a dowry for the custom, such as a dowry rule, but not more than what the wife claimed. This applies when the difference between one of the spouses and the heirs of the other, or between their heirs.
Article 70
The dowry is valid for the dowry who is eligible to donate, provided that it is accepted in the council, even if implicitly. B – The wife can claim the husband, or sponsor, or both, and the sponsor to return the husband if the sponsor permission. C – sponsorship in the death of the sponsor in the rule of the will.
Article 71
The suspension of bail shall be valid under the appropriate condition and shall not be terminated by the death of the sponsor, the sponsored person or the sponsored person.
4.1.1.5.2 – Device and baggage home
(72 – 73)
Article 72
A – does not bind the wife of something from the home of the marital, if I brought something of it was owned. B – the husband to benefit from the wife attends the device, as long as the marital list, and is not responsible for him only in case of infringement.
Article 73
If the couple disagreed in the belongings of the house and are not aware of them, then say to the wife with her right hand in what is known to women, and men with his right except that. This provision shall apply when the difference between one spouse and the heirs of the other, or between their heirs.
4.1.1.5.3 – Marital expense
(74 – 91)
4.1.1.5.3.1 – General provisions
(74 – 83)
Article 74
The wife must pay alimony for her husband in the correct contract, even if she is wealthy, or different with him in religion, if she surrenders herself to him even if he is a judge.
Article 75
Alimony includes food, clothing, accommodation, medical treatment, service and others as per custom.
Article 76
Alimony is estimated according to the situation of the husband left and hard, whatever the case of the wife, but not less than the minimum adequacy of the wife.
Article 77
(A) Maintenance and shortage may be increased by the change of the husband’s condition or the prices of the country. (B) A claim for increase or decrease shall not be heard before the lapse of one year from the imposition of maintenance, except in exceptional emergency cases. (C) The increase or decrease shall be from the date of judgment.
Article 78:
A – The expense of the wife from the date of refraining from spending with a debt on the husband does not depend on the judiciary or consent, and does not fall only by performance or discharge, taking into account the following paragraph. (B) The case shall not be heard for a period exceeding two years prior to the end of the date of filing the lawsuit, unless it is imposed by mutual consent. C – If the husband is not approved by this consent, it is proven only in writing.
Article 79
(A) The judge may, during the hearing of the alimony claim, order the husband to pay temporary maintenance to the wife if she so requests, renewed monthly, until the case is finally settled. This is immediately enforceable. (B) The husband may derogate or recover his performance in accordance with the final judgment.
Article 80
If the wife asked for the clearance of debt at the expense of her husband was answered to her request, even without his consent.
Article 81
If the husband requests a set-off between the expense of his wife and a debt to him, he shall not be answered unless he is wealthy, able to pay the debt from her money.
Article 82
The expense of the wife in the implementation of the husband’s money, although not room for others.
Article 83
A- The sponsorship is valid at the expense of the marital past, present or future, whether it is imposed by the judiciary, or by consent or not. (B) The provisions of articles 70 and 71 shall apply to alimony.
