Marriage contract in the Afghan Code comparing with the Hanafi and Ja'fari schools


Thesis Type: Postgraduate

Institution Of The Thesis: Uludağ Üniversitesi, Turkey

Approval Date: 2018

Thesis Language: Turkish

Student: HAJI MOHAMMAD HAMID

Supervisor: HALİL İBRAHİM ACAR

Abstract:

In this research, marriage and marriage contract in the Afghan Civil Code is compared with the Hanafî and Ja'farî schools. The research consists of an introduction, two chapters and a conclusion. The analysis is largely carried out in accordance with the ordering of the Afghan Civil Code. Some topics such as mut'a marriage which exists in Ja'farî school but not in the given code are examined. The Afghan Civil Code substantially depends on the Hanafî school. Thus, it legislated the common opinions of the Hanafî school about marriage contract and its results like other topics. Sometimes it adopts the non-common opinions, and sometimes makes use of other Sunnî schools. Rarely, it renders a totally different judgment considering the favor of its community. However, the Afghan Civil Code does not make use of opinions of the Ja'farî school. So, the Ja'farî Family Law is introduced for enforcing in Afghanistan.