Aptness in Marriage Contract: A Comparative Jurisprudential Study with the Saudi Personal Status Law

Abstract

This study examines aptness in marriage contracts from a jurisprudential perspective, comparing it with the Saudi Personal Status Law. The research is divided into six main chapters. The first chapter discusses the legitimacy of aptness in Islam, while the second focuses on the standard attributes of aptness. The third chapter explores the timing of aptness consideration, followed by the fourth chapter, which examines those who have the right to object to aptness. The fifth chapter addresses the conditions that nullify the right to object, while the sixth chapter highlights aptness in the Saudi Personal Status Law. The study employs an inductive and analytical methodology, presenting legal evidence and various jurisprudential opinions while analyzing areas of agreement and divergence between Islamic jurisprudence and the Saudi legal framework. The research concludes that aptness is a condition for the enforceability of the contract, not for its validity, and that religion is the most significant criterion for determining aptness. Additionally, the Saudi Personal Status Law considers aptness at the time of contract formation, allowing for annulment before consummation if aptness is absent.