Law Of Domestic Relations - Chapter 1
Eligibility to Enter into Marriage (Articles 1 - 5)
Article 1 permits the marriage of a male of 18 years and a female of 17 years. This article corresponds to Article 4 of Ottoman Law relating to family rights as practiced in Lebanon, and the Israel Marriageable Age law.
Articles 2 - 3 entrust the Druze Qadi with the authority to allow males of 16 years and females of 15 years to marry, on the condition that they bring medical evidence that they are sufficiently mature and their guardians consent. These articles meet Israeli legal requirements. They differ from Ottoman Law which allows males of 12 years and females of 9 years to marry (this is also the case in Muslim Law). The two conditions required under Druze Law (medical evidence and the guardian's consent) are not required under Ottoman Law.
Under the Jordanian Family Rights Act of 1951, the minimum age is set at 15 for both males and females.
Article 4 adds the following: that if the Qadi permitted a marriage without the consent of the guardian, they could demand the dissolution of the marriage within six months of reaching the ages mentioned in Article 1.
Article 5 lists those forbidden to marry: minor under 16 (males) or 15 (females), the mentally retarded, a person suffering from a contagious disease such as venereal diseases, leprosy or in an advanced stage of tuberculosis. The Qadi must verify, before granting permission to marry that the parties do not suffer from any of these illness and shall request a medical certificate signed by a qualified doctor. The parties may appeal against the Qadi's decision which will then be reconsidered.
Ottoman law allows a mentally retarded (Maj'num) person to marry under certain circumstances but with the courts consent.
Article 6 allows an adult female between the ages of 17 and 21, to request permission from the Qadi to marry. The Qadi must notify her guardian, and if the latter does not object within fifteen days of receiving the notice, or his objection is un-justified the Qadi may nevertheless allow the marriage. (11) This article parallels Article 8 in Ottoman Law, but unlike it does not limit the age of adulthood to 21.
Article 7 states that the guardian in whose power it is to permit the marriage is required to be a blood relation (al-asabah benafasih) in the following order-- son, brother, uncle (father's brother); but on condition that he is liable under the law, (i.e. is an adult, not extravagant, nor mentally retarded.) This article corresponds to Article 10-11 in Ottoman Law.
Article 8 adds that if the guardian is not legally liable under the law, the Qadi, or his appointee shall assume the role of guardian.
The article in this chapter differ greatly from Moslem law as well as the liberal Hanafi doctrine, although they are similar in some respects to Ottoman Law, despite certain basic differences in matters such as marriageable age, the duties of the guardian, and his consent.
Chapter 1 - Eligibility to Enter into Marriage (Articles 1 - 5)
Chapter 2 - Forbidden Marriages (article 9 - 13)
Chapter 3 - Arranging the Marriage (Articles 14 -19)
Chapter 4 - Marriages Rules (Articles 20 -23)
Chapter 5 - Dower ("Mahr") (Articles 24 - 27)
Chapter 6 - Maintenance (Nafaqa) (Articles 28-36)
Chapter 7 - Separation (Article 37-49)
Chapter 8 - Waiting Period (Idda) (Articles 50-53)
Chapter 9 - The custody of the children (Articles 54-66)
Chapter 10 - Child allowance (Articles 67-74)
Chapter 11- Payments by sons to parents and other relatives (Articles 75-80)
Chapter 12 - Guardianship over minors (Articles 81-87)
Chapter 13- Guardianship and wills (Article 88-98)
Chapter 14- Responsibilities of the guardian [executor] (Articles 99-118)
Chapter 15- Circumstances under with a Qadi may disqualify a person and appoint a guardian (Articles 119 -125)
Chapter 16 - A Missing Person and his Trustee (article 126 -136)
Chapter 17 - Paternity (nasab) (Articles 137-144)
Chapter 18 - Wills and Inheritance (2) (Articles 145 -170)