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Dealings and contracts - Coggle Diagram

- - - - Absence of any impediments to marriage
      - Formula (offeror and offere)
        
        Both should have the capacity of concluding the marriage
        
        Unity of contract session
        
        Offeror should not revoke the offer before the offeree's acceptance
        
        Absence of any conduct implying revocation of the contract
        
        Acceptance should be a mirror image of the offer
        
        Offer and acceptance should be implementable and enforceable
        
        Explicit expression of an intent to conclude the contract
    - - Undisputed conditions
        
        Attestation of two male witnesses or one male and two women acc/ Hanafis
        
        The legal status of the woman permits conclusion of marriage contract
      - Disputed
        
        Guardianship was disputed in two opinions
        
        Hanafis
        
        Guardianship is not a condition for validating the contract
        
        Majority of scholars
        
        A marriage contract is not valid without a guardian
      - Consequences of a valid marriage contract
        
        Dower
        
        Definition
        
        The mahr (dower) is what is paid by the man to the woman as a legal consequence of the marriage contract and as gesture of respect and honoring the groom
        
        Maximum amount
        
        The dower has no maximum amount.
        
        Minimum amount
        
        There is no minimum limit for the amount of the dower.
        
        There is a minimum value for the amount of the dower.
        
        Entitlement
        
        Disputed cases
        
        Hanfis: in case of a seclusion (retirement) with her husband after a valid marriage contract,
        
        Undisputed cases
        
        1- The case in which the marriage was consummated.
        
        2- In case of death either of the husband or the wife.
        
        Legal status
        
        It is agreed that paying the dower is mandatory. However, it is not a condition for the validity of marriage, and it does not form part of the marriage contract itself. Rather, it is A LEGAL EFFECT OF A VALID CONTRACT.
  - - - Obligatory
        
        when a person enjoys financial and physical ability, and he is not secure from falling into evil in case he keeps unmarried.
      - Recommended
        
        when a person enjoys financial and physical ability, and he has sexual desire but does not fear that he might be part in any illegal sexual acts.
      - Disliked
        
        when a person is secure from falling in to evil, and he fears that he may not be able to keep within the limits of Allah.
      - Prohibited
        
        when a person is secure from falling into evil and he is sure that he is not able to keep within the limits of Allah.
- - - - Revocable
        
        Conditions
        
        To be either a first or a second occurrence.
        
        The assumption of the waiting period.
        
        Absence of a counter value for redemption
        
        To take place after the consummation of marriage.
        
        Retraction
        
        The husband enjoys the right to retract the marital relationship during the retraction period and with the aforementioned conditions even without her consent.
      - Irrevocable
        
        Cases of irrevocability
        
        Divorce prior to consummation.
        
        The third occurrence of divorce.
        
        Existence of a counter value (compensation)
        
        The lapsing of the waiting period in case of a revocable divorce without revocation.
    - - dissolution or termination of the valid marital relationship, immediately or fixed on a future event or date, by the pronunciation by the husband or his depute of a certain word or words or by any way that expresses his will of such termination.
- - - - Not permitted, as the engagement is merely
        a preliminary step pre marriage that may lead to its conclusion.
    - - Permitted to certain limits, differing based on custom & scholars' opinions :
  - - - Returned to the bridegroom
    - - Hanafi school
        
        All gifts are to be returned to their respective parties if deemed returnable. However, if these gifts are changeable or consumable in nature, they are not to be returned
      - Maliki school
        
        If the cancellation was initiated by the bridegroom, he is not to ask for returning the gifts
        
        However, if the fiancee was the one who called off the engagement, then the other party is free to demand returning the gifts whether returnable or not.
      - Majority if Shafi'i scholars
        
        The bridegroom may request the returning of the gifts whether returnable or not. If any damage, he is to be compensated
      - Some Maliki jurists
        
        Nothing of such gifts is to be returned, mo matter which of the parties cancelled off the engagement, unless otherwise stated
    - - Depends on custom
        
        If custom deems them regular gifts, they are subject to the aforementioned rules relating to gifts
        
        And if customary recognized as a part of the dower; they are to be returned to the bridegroom.
- - - - The exchange of an owned commodity (māl) for another in a specific manner".
    - - A desirable property that can be possible to save for later use".
  - - - The formula of the contract (al-sighah) is the essential element of sale contract.