The justice of the text and its shortcomings in the associated with the marriage contract

Abstract

Marriage is concluded by the availability of its pillars and conditions and with these components it is sufficient to achieve the purposes for which it was legislated , which is to build a family based on love and mercy . some of the contracting parties may see that they should regulate the affairs of their lives in a way that achieves private interests, in addition to the original purposes. For this purpose, the field was opened for the contracting parties to add other conditions that they agree upon, which would achieve the interest of the one who stipulated them, which is aright guaranteed by Islamic law to every contracting party, and was followed by Law No. 10 of 1984 and its amendments. Through this research, we try to show the extent of the justice of the legal text in adopting these conditions and to show the shortcomings in the text itself and to find solutions to these shortcomings through jurisprudential and judicial diligence.