This study came under the title " Civil Marriage in Jerusalem and Palestine 48 " and we followed in it a descriptive approach that combined induction, analysis and deduction, by tracing the texts related to the issue, and the different opinions in it and comparing them, to give a clear vision that contributes to building the correct legal ruling on the issue, as we explained the applicable laws in Jerusalem and occupied Palestine in 1948 AD, and civil marriage cannot be conducted in Israel, but it can be registered if it takes place in any of the countries and was documented in official papers. The study also outlined the concept of civil marriage. Its images and motives for resorting to it, the most famous of which is in Jerusalem and Palestine 48, that the spouses write a paper with a lawyer without the presence of the guardian and witnesses, and it turns out that this marriage in this way is invalid and is not permissible according to Sharia. And there is no difference between it and the legal marriage except in the term, and there is no confusion in the terminology. It is one of the conditions for its validity, so the contract is corrupt, and it has some effects such as lineage, intermarriage and the waiting period if it is after consummation, and it does not result in the rest of the effects such as inheritance and alimony, and a distinction must be made between the spouses if this becomes clear with their consent, otherwise a difference between to judge between them.

Title

مجلة جامعة الأقصى

Publisher

جامعة الأقصى

Publisher Country

Palestine

Publication Type

Prtinted only

Volume

--

Year

2021

Pages

25