"Causes of Nullity in the Marriage Contract: A Legal and Jurisprudential Study"

Abstract

The principle of the validity of contracts is a firmly established foundation in Islamic jurisprudence and law. Accordingly, neither contracting party may unilaterally invalidate a contract once its essential elements and conditions have been met. However, a marriage contract violates this principle if one of the essential conditions is absent, rendering it void, as its continuation contravenes the provisions of Islamic law and positive law. Despite this invalidity, a marriage contract—whether valid or void—produces binding legal effects. This is because a marriage contract is a contract of profound impact, immense importance, and great wisdom, as it embodies sacred sanctities and entails familial and social responsibilities. It also produces essential material and moral consequences, including maintenance, dowry, lineage, and the rights and obligations between the spouses. Consequently, both Islamic law and legal necessity require exercising caution in concluding, proving, and officially registering a marriage contract properly, to avoid its invalidity or voidability. The grounds for the annulment of a marriage contract are numerous and vary according to their nature and source. These include: lack of legal capacity, absence of a guardian, multiple prohibited degrees of kinship, illicit purpose, and violation of public order. Therefore, it is clear that the grounds for the annulment of a marriage contract are many and complex, necessitating a thorough analytical and classificatory study of each ground and its legal implications