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Law Of Domestic Relations - Chapter 3
Arranging the Marriage (Articles 14 – 19) Article 14 describes the procedure for arranging the Akd and the marriage contract which are conditional upon the agreement of both parties in the presence of witnesses. The witnesses may be family members on either side, but not less than four in number. The contract is to be written and signed by the husband, wife and their witnesses. If either one of the couple cannot be present at the agreement ceremony, a representative with power of attorney signed by Mukhtar or his deputy, may be appointed. The value of the dowry must be stated or alternatively it may be assessed by the person holding power of attorney, on condition that the power of attorney be attached to the marriage contract. Moslem Law permits two witnesses and does not require the marriage contract to be in writing and signed by those mentioned in this article. Under Ottoman Law, which is the Personal Status Law of the Moslems, all the conditions and procedures relating to marriage contracts differ from those set out here. Article 15 states that one's consent and agreement to the marriage is to be set out clearly and accurately. This also applies to the engagement. Hints shall be regarded as if they had been expressed in words. Ottoman Law does not specify this condition for the engagement. Article 16 recognizes the legality of marriages only if they were performed by a Qadi or one appointed by him. Ottoman Law recognizes the legality of marriage performed in non-conforming ceremonies (Fasid), but only imposes a fine on those married in such a way. Even the reformed marriage laws of Egypt after the revolution of 1952 do not void unregistered (legal) marriages, but only curtail the legal assistance to those marrying in this way. Articles 17-19 deal with the appointment of those who conduct the marriage ceremony, their obligations towards the Qadi, and the registration of marriages. These three articles have no parallel in Ottoman Law. Their aim is to define the appointment of registrars and their duties and to fix procedures, according to which the Qadi should act when registering marriages.Intorduction 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) End Notes |