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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.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/characteristics-of-the-fiance-and-fiancee-in-the-marriage-contract-from-the-perspective-of-islamic-jurisprudence-fiqh-and-the-civil-code-of-afghanistan/138748/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/characteristics-of-the-fiance-and-fiancee-in-the-marriage-contract-from-the-perspective-of-islamic-jurisprudence-fiqh-and-the-civil-code-of-afghanistan/138748.png","ImageObject",300,407,{"name":92,"@type":93},"Caleb Sterling","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-09-20","2026-08-23",true,{"@type":102,"interactionType":103,"userInteractionCount":29},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What does Islamic jurisprudence require for a valid marriage contract between the parties?","Question",{"text":112,"@type":113},"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.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"How does Afghanistan’s Civil Code address the characteristics and conditions of the marriage parties?",{"text":117,"@type":113},"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.",{"name":119,"@type":110,"acceptedAnswer":120},"What is the main objective of comparing the two legal systems in this research?",{"text":121,"@type":113},"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.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},138748,1787487451,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":29,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":52,"language":139,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":140,"faqs":141,"seo_title":142,"seo_description":67,"update_tm":129,"read_time":143},962084925290,"https://ap-avatar.wpscdn.com/davatar_085a072bc5b1113ac321206ff7593b45","Research Article Volume-06|Issue-03|2025  \nCharacteristics of the Fiancé and Fiancée in The Marriage Contract from The Perspective of Islamic Jurisprudence (Fiqh) And the Civil Code of Afghanistan  \nMohammad Basir Arifi  \nProfessor of Faculty of Law and Political Sciences of Balkh University  \n\n| Article History\u003Cbr>Received: 25.02.2025\u003Cbr>Accepted: 04.03.2025\u003Cbr>Published: 05.03.2025\u003Cbr>Citation\u003Cbr>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.\u003Cbr>Keywords: Marriage contract, fiancé, fiancée, Islamic jurisprudence, Civil Code, marriage conditions. |\n| --- | --- |\n| 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) . |\n\nINTRODUCTION  \nMarriage, 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.  \nIslamic 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.  \nGiven 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  \nsystems, 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","cbCaioWTvCSNpyoV","https://ap.wps.com/l/cbCaioWTvCSNpyoV","pdf",253209,"English","# Abstract\n# Introduction\n## Role of marriage in society and law\n## Jurisprudential conditions and Afghanistan’s Civil Code\n## Purpose and research focus\n# Thesis\n## Marriage as a social and religious pillar\n## Jurisprudential validity conditions for parties\n## Civil Code consent requirement","[{\"question\":\"What does Islamic jurisprudence require for a valid marriage contract between the parties?\",\"answer\":\"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.\"},{\"question\":\"How does Afghanistan’s Civil Code address the characteristics and conditions of the marriage parties?\",\"answer\":\"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.\"},{\"question\":\"What is the main objective of comparing the two legal systems in this research?\",\"answer\":\"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.\"}]","Characteristics of the Fiancé and Fiancée in The Marriage Contract - From the Perspective of Islamic Jurisprudence (Fiqh) and the Civil Code of Afghanistan | PDF",25]