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

Aug 23, 2026

This study examines the characteristics and required conditions of the fiancé and fiancée in a marriage contract through both jurisprudential and legal lenses. Islamic jurisprudence treats the marriage contract as a binding agreement that establishes mutual rights and duties, requiring maturity, intellect, consent, and full capacity of will. Afghanistan’s Civil Code likewise emphasizes party autonomy and qualification, while the research conducts a comparative, source-based analysis of overlaps, challenges, and interpretive contradictions. The study aims to provide a comprehensive framework for understanding these conditions.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages10

Reading Time25 min

AccessFree to download

Abstract

Introduction

Role of marriage in society and law

Jurisprudential conditions and Afghanistan’s Civil Code

Purpose and research focus

Thesis

Marriage as a social and religious pillar

Jurisprudential validity conditions for parties

Civil Code consent requirement

Research Article Volume-06|Issue-03|2025 Characteristics of the Fiancé and Fiancée in The Marriage Contract from The Perspective of Islamic Jurisprudence (Fiqh) And the Civil Code of Afghanistan Mohammad Basir Arifi Professor of Faculty of Law and Political Sciences of Balkh University | Article History
Received: 25.02.2025
Accepted: 04.03.2025
Published: 05.03.2025
Citation
Arifi, M. B. (2025) . Characteristics of the Fiancé and Fiancée in The Marriage Contract from The Perspective of Islamic Jurisprudence (Fiqh) And the Civil Code of Afghanistan. Indiana Journal of Arts & Literature, 6(3), 01-10. | Abstract: The topic of the characteristics of the fiancé and fiancée in the marriage contract from both ajurisprudential 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.
Keywords: Marriage contract, fiancé, fiancée, Islamic jurisprudence, Civil Code, marriage conditions. | | --- | --- | | Copyright © 2025 The Author(s): This | is an open-access article distributed under the terms of the Creative Commons Attribution 4.0 International License (CC BY-NC 4.0) . | INTRODUCTION Marriage, as one of the most fundamental social institutions, plays an unparalleled role in shaping both the family and society. This sacred bond, in addition to its personal and emotional dimensions, has religious, legal, and social aspects, each of which requires careful examination and clarification. In Islamic societies, including Afghanistan, marriage holds a special status not only from an ethical and social perspective but also from a jurisprudential viewpoint. Islamic jurisprudence, as the primary source for regulating religious rules and laws, has established specific conditions and characteristics for the fiancé and fiancée in the marriage contract. These conditions are designed on one hand, to ensure justice and protect the rights of both parties, and on the other hand, to guarantee the health and stability of the family foundation. Alongside these discussions, Afghanistan’s Civil Code, which is based on Islamic teachings and the demands of contemporary society, also thoroughly addresses the characteristics and conditions of marriage. This law strives to balance religious principles with the social transformations and needs of modern society. Given the importance of the topic, examining the characteristics of the fiancé and fiancée in the marriage contract from the perspectives of Islamic jurisprudence and Afghanistan's Civil Code seems essential. This examination can help clarify the points of similarity and differences between these two legal systems, thereby facilitating a better understanding of the rights and duties of both parties in the marriage contract. The present research, focusing on this topic, aims to explain and analyze the conditions and characteristics outlined for the parties involved in the marriage contrac

FAQs

What does Islamic jurisprudence require for a valid marriage contract between the parties?

Islamic jurisprudence requires conditions tied to the fiancé and fiancée, including maturity, intellect, mutual consent, and the absence of religious prohibitions such as consanguinity (mahram). It also requires full capacity of will for the contract’s validity.

How does Afghanistan’s Civil Code address the characteristics and conditions of the marriage parties?

Afghanistan’s Civil Code regulates the marriage contract by emphasizing party autonomy and qualification. Article 60 highlights that the marriage contract must be conducted with the explicit consent of both parties without coercion.

What is the main objective of comparing the two legal systems in this research?

The research aims to clarify similarities and differences between Islamic jurisprudence and Afghanistan’s Civil Code regarding the rights and duties of both parties, while also exploring challenges and contradictions in how these conditions are interpreted.

Aug 23, 2026

Upload by Caleb Sterling