The Shari’ah Objectives of Marriage and the Impact of the Failure to Realize Them on Marriages Objective permanence as form A Foundational Applied Study

Abstract

This research signifies the Shari’ah objective permanence in marriage in Islamic law. It clarifies the concept of “the failure of realizing the objectives on marriage” to present its impact. The study aims to examine several marriages in which the Shari’ah objective failed. The study concluded that some marriages had been agreed upon by the jurists as invalid, as they apparently violate the Shari’ah objective permanence in contract. However, as for the marriages in which the violation was not in kind, as if it was implicit in the intention of the responsible person, the failure of the Shari’ah objective permanence in will not affect the validity of the contract according to the jurists who judged its validity. Still, the responsible person is guilty because of his intention, while those who declare the invalidity of the marriage contract look at the failure of the Shari’ah objective permanence in marriage even if it is not apparent in the contract. Thus, the research demonstrates the importance of achieving the Shari’ah objective in the marriage contract, and that the failure of the Shari’ah objective permanence in invalidates the contract if its apparent, and incomplete and unblessed if it is hidden.