Characteristics of the Fiancé and Fiancée in The Marriage Contract from The Perspective of Islamic Jurisprudence (Fiqh) And the Civil Code of Afghanistan

<p><strong><span>Abstract:</span></strong><span> </span><span>The topic of the characteristics of the fiancé and fiancée in the marriage contract from both a jurisprudential and legal perspective is one of the important subjects in examining the legal and social relations in marriage. In Islamic jurisprudence, the marriage contract is regarded as a valid agreement between two parties, through which mutual rights and duties between the man and woman are established. This thesis, through legal and jurisprudential analysis, examines the necessary features and conditions required for the fiancé and fiancée. According to jurisprudential principles, marriage as a valid contract requires the recognition of characteristics such as maturity, intellect, consent, and the full capacity of will from both parties. Additionally, in Afghanistan's Civil Code, specific conditions such as the autonomy and qualification of the parties involved are emphasized. This research uses credible jurisprudential and legal sources to conduct a comparative analysis of these features and explores the challenges and contradictions present in the interpretation of these conditions. The main objective of this study is to provide comprehensive and comparative perspectives on the required conditions and characteristics for both the fiancé and fiancée.</span></p>