vol 23 no1,A 2023

Efficiency and the Impact of Customs on Changing It in the Marriage Contract

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Efficiency and the Impact of Customs on Changing It in the Marriage Contract

Muhammad Said Khalil Al Mujahed Hamdan bin Hamad Al Shukaili

Faculty of Education Master's Student in Jurisprudence and its Fundamentals

Sultan Qaboos University Sultan Qaboos University

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Received :09/01/2022 Accepted :03/09/2022

Abstract:

This study aims to highlight issue of competency in marriage by looking at the competency criteria considered by the classical jurists, and the extent of change imposed by the customs on these criteria, as well as looking to the new criteria introduced in this contemporary time due to the changing customs. The problem of the study lies in identifying the effect of customs on changing the criteria of competency. Therefore, this study is trying to answer the following:

1) What are the criteria of competency considered in marriage according to the jurists?

2) What are the new criteria of competency in this contemporary time?

3) What is the effect of customs on changing these criteria?

The research adopts the inductive and comparative approaches to study the criteria of competency considered by the previous jurists, and to know the emerging criteria of competency. Then the analytical method is used to know the effect of changing customs on the renewal of those criteria.

Keywords: Competency, Customs, Criteria of Competency.

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