Jurisprudential and legal adaptation of competence between Spouses in Islamic Jurisprudence and the Position of Personal Status Laws

Abstract

  The research revolves around the meaning of competence in Islamic jurisprudence and positive law, and clarifying its status. Is it a condition for completing the contract, or is it a condition for its validity, then it clarifies that the one in which competence is required is the husband, and shows the consequences of that, then shows the goal and purpose of the requirement of competence, and are its elements fixed Or it changes according to custom and society, then he reviewed the personal status laws in the Arab countries, which mentioned competence and stipulated it in the law, and reviewed the UAE personal status law and mentioned the competency articles in detail with comment on them, as well as the articles of the Syrian personal status law. He also mentioned the laws of Arab countries that did not stipulate competence, explaining his position on them, hoping that they stipulate them