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The Form Of The Contract

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Chapter Summary

Once everything is in place for a valid marriage, the Shariʾah jurists require that the form of the contract shall be such that it ensures the marriage itself takes immediate effect; i.e. it will not be suspended or deferred to some future date. Any conditions required by either or both parties may be included in the contract, and must be observed as long as they are of advantage to either or both parties, and do not oppose the purpose of marriage. Syrian law also deems void any condition contained in the marriage contract which contravenes its legal order or intentions, and that involves anything that is illegal, although again the contract itself would remain valid.

Keywords: marriage contract; Shariʾah; Syrian law



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