Juristic Principle: (Everything that one is permitted to do, one can authorize others to do) In Marriage and Divorce

The study addressed one of the jurisprudential and legal principles and its applications in marriage and divorce, titled (Everything that one is permitted to do, one can authorize others to do). It is known that the need for delegation in transactions has increased, thus it is essential to understand the religious rulings related to this principle, which is the subject of this study. The researchers followed the inductive analytical method in the study by tracing jurisprudential issues and mentioning the opinions of jurists and their evidence related to the jurisprudential principle. The study concluded with several findings, the most important of which are: the permissibility of both men and guardians delegating marriage and divorce, and the permissibility of a woman delegating divorce but not marriage. It is also permissible to delegate the marriage and divorce contract through social media.

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Publication Details

Journal
Jordan Journal of Islamic Studies
Published
2024-09-03
DOI
https://doi.org/10.59759/jjis.v20i3.539
Primary Topic
Legal Systems and Judicial Processes
Type
article
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article

Juristic Principle: (Everything that one is permitted to do, one can authorize others to do) In Marriage and Divorce

Kefah Alsouri, Mohand Altaani, Abdullah Alsofni, Murad Yousef
Jordan Journal of Islamic Studies
Legal Systems and Judicial Processes
article

Juristic Principle: (Everything that one is permitted to do, one can authorize others to do) In Marriage and Divorce

Kefah Alsouri, Mohand Altaani, Abdullah Alsofni, Murad Yousef
article en

Abstract

The study addressed one of the jurisprudential and legal principles and its applications in marriage and divorce, titled (Everything that one is permitted to do, one can authorize others to do). It is known that the need for delegation in transactions has increased, thus it is essential to understand the religious rulings related to this principle, which is the subject of this study. The researchers followed the inductive analytical method in the study by tracing jurisprudential issues and mentioning the opinions of jurists and their evidence related to the jurisprudential principle. The study concluded with several findings, the most important of which are: the permissibility of both men and guardians delegating marriage and divorce, and the permissibility of a woman delegating divorce but not marriage. It is also permissible to delegate the marriage and divorce contract through social media.

Jordan Journal of Islamic StudiesVol. 20(3)
University of Jordan (JO), Amman Arab University (JO), Al al-Bayt University (JO)
Gender equality
Openalex Percentile: Top 77%
Legal Systems and Judicial Processes
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Juristic Principle: (Everything that one is permitted to do, one can authorize others to do) In Marriage and Divorce — Kefah Alsouri, Mohand Altaani, et al. · Jordan Journal of Islamic Studies (2024) | TGRS Research Map | TGRS