Compatibility between spouses, “kafā'ah,” constitutes one of the fundamental conditions for the validity of the marriage contract. It must also serve as a legitimate interest and avoid inflicting harm upon any party; otherwise, it is deemed arbitrary and inconsistent with the Islamic Shariah. The significance of the legal theory of abuse of rights concerning marriage manifests in this context, particularly given the different methods by which a husband can abuse his discretion against his wife. Examining the provisions governing the competence of marriage in the Bahraini Family Law reveals many contradictions and legislative deficiencies, mainly since the Bahraini lawmaker limited the competence of marriage to religion and whatever is considered virtuous by custom. Nonetheless, the researchers concluded that although Bahraini Family Law and Jordanian Personal Status Law regulate matters related to a husband's competency, they fail to provide special provisions regulating compensation for the wife for any incurred injury brought on by the husband's abuse of competence.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

Abuse of the Wife Arising from the Misrepresentation of Compatibility in the Marriage Contract

  • Naser Alsaraireh,
  • Mohamad Alshible,
  • Ibrahim Muhammad Bani Amer

摘要

Compatibility between spouses, “kafā'ah,” constitutes one of the fundamental conditions for the validity of the marriage contract. It must also serve as a legitimate interest and avoid inflicting harm upon any party; otherwise, it is deemed arbitrary and inconsistent with the Islamic Shariah. The significance of the legal theory of abuse of rights concerning marriage manifests in this context, particularly given the different methods by which a husband can abuse his discretion against his wife. Examining the provisions governing the competence of marriage in the Bahraini Family Law reveals many contradictions and legislative deficiencies, mainly since the Bahraini lawmaker limited the competence of marriage to religion and whatever is considered virtuous by custom. Nonetheless, the researchers concluded that although Bahraini Family Law and Jordanian Personal Status Law regulate matters related to a husband's competency, they fail to provide special provisions regulating compensation for the wife for any incurred injury brought on by the husband's abuse of competence.