Experimental Marriage (a Jurisprudential Study)

Abstract

This research study a jurisprudential dilemma, which is the experimental marriage. It dealt with the most important emerging issues of experimental marriage and to what extent they affect the validity of this marriage contract.

The deductive inductive method was used.

Among the prominent results of the study:

• The experimental marriage contract has preceding roots, as it is an extension of the timing or limiting the time of
• The contract of experimental marriage includes a preamble, three clauses, and a violation article of one of these clauses. The conditions in this contract are of two types: conditions concerning the wife, conditions concerning the husband.
• The conditions in this contract differ according to different considerations: their maker, their topic and their validity or invalidity.
• The contract is of (agreement on conditioning the marriage), and the jurists have differed in the necessity of the conditions in the contract if they do not violate the original intention of the marriage, and if the conditions violate the legitimate intent of marriage, they are invalid conditions.
• The opinion of the prohibition of experimental marriage is preponderant.

The originality of the research: The value of the research emerges in the definition of experimental marriage with practical modern description, and the legal regulation of this calamity leading to its consequences and its legal ruling, as it relates to one of the purposes of Sharia.