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Monotheistic Concepts |
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Conditions of Marriage of the Mouwahidoun Druze Sect The fundamental conditions of marriage of the Mouwahidoun Druze sect are: (1) unity of faith; (2) consent to marriage without coercion; (3) husband and wife are mentally or physically mature and suffer none of the transmissible diseases; in addition to the supplementary conditions: concluding the marriage contract at the competent authority pursuant to the “Law of Regulating the Affairs of Al-Mouwahidoun Druze Sect,” and the promulgation of marriage. As to faith, God’s prophet (pbuh) says, “You ought to marry of the same religion; should you marry of different religions, your marriage is threatened as a construction is when built on sea waves.” Whereas consent is fundamental because coercion is a violation to man’s sanctity and freedom especially to women in regard of an issue considered as a matter of life. Maturity is inevitable for achieving the target of marriage; however, mental maturity is insufficient, physical maturity is a condition as well. The Law of Personal Status of the Mouwahidoune Druze Sect organized the issue of marriage in the following legal articles: First: With Respect to the Eligibility of Marriage: Article (1): The fiancé is eligible of marriage when he has completed the eighteenth year of age, whereas, the fiancée is eligible of marriage when she has completed the seventeenth year of age. Article (2): (amended by law of July 2, 1959) Either the Sheikh Akl of Mouwahidoun Druze sect or the confessional judge could approve of the marriage of a male teenager who has completed the age of sixteen and not reached the age of eighteen, in case it has been proved medically that he is in good condition for that; provided that, the permission granted by either Sheikh Akl of Mouwahidoun Druze sect or the confessional judge is subject to the permission granted by the teenager custodian. Article (3): (the amended) Either the Sheikh Akl of Mouwahidoun Druze sect or the confessional judge could approve of the marriage of a female teenager who has completed the age of fifteen and not reached the age of seventeen, in case it has been proved medically that she is in good condition for that; provided that, the permission granted by either Sheikh Akl of Mouwahidoun Druze sect or the confessional judge is subject to the permission granted by the teenager custodian. Article (5): (the amended) None could approve of the marriage of a male who has not completed the age of sixteen and the female who has not completed the age of fifteen. Neither the insane nor the infected by any of the transmissible diseases as the venereal diseases, leprosy, pulmonary tuberculosis during the growth period, could be married. Before granting the permission of marriage, either the Sheikh Akl of Mouwahidoun Druze sect or the confessional judge shall seek proof that neither husband nor wife is insane or suffers any of the transmissible diseases by asking them to present a medical certificate issued by a medical examiner. The aforementioned certificate could be objected at either the Sheikh Akl of Mouwahidoun Druze sect or the confessional judge where decision in this regard is subject to reconsideration. Article (6): (the amended) Shall a female adult whose age range between Seventeen and twenty-one seek the marriage of someone, either the Sheikh Akl of Mouwahidoun Druze sect or the confessional judge shall notify her custodian; if the custodian did not object within a fifteen-day period since the day of being notified, or in case his objection was estimated as inappropriate, either the Sheikh Akl of Mouwahidoun Druze sect or the confessional judge approves of their marriage. Article (7): The custodian in marriage is himself the blood relationship in order, provided that he is in charge of custody. Primarily, neither the boy nor the insane of mad could be a custodian of any. Article (8): (the amended) In case the seeker of marriage has no custodian or his custodian does not enjoy the legal capacity to undertake such a responsibility, then either Sheikh Akl of Mouwahidoun Druze or the confessional judge, or whoever acts in behalf of any of them, shall be the custodian. Second: With Respect to the Contract of Marriage: Article (14): The marriage contract shall be concluded with the consent of both parties at the place of contract in the presence of witnesses who could be of the fiancé’s or fiancée’s forefathers or descendants provided that they are not less than four. The contract shall be written and signed by husband and wife and the witnesses; however, if any of husband or wife could not attend the place of marriage, a representative in charge could sign for him or her by virtue of a written power of attorney ratified by the mayor or his substitute, provided that the value of dowry is mentioned in the contract or is determined by the representative and that this power of attorney is attached to the marriage contract. Article (15): The consent to marriage as well as to engagement should be expressed clearly in words; however, in case of muteness, a signal stands for an expression. (It is common among the Mouwahidoun Druze sect that the contract of marriage takes place in the assembly of relatives, whereas the promulgation of marriage takes place by the moving of wife to the house of her husband in the assembly of relatives, acquaintances and friends). Article (16): (the amended) The contract of marriage could not be legal unless concluded by either Sheikh Akl of Mouwahidoun Druze or the confessional judge or whoever acts in behalf of him in this respect. Article (17): (the amended) A marriage official is assigned at any region or town (as necessary), by either Sheikh Akl of Mouwahidoun Druze or the confessional judge, to conclude the marriage yet after being offered a written permission in this regard by either Sheikh Akl of Mouwahidoun Druze or the confessional judge. Article (18): (the amended) Having organized the marriage contract, the marriage official shall send it to either Sheikh Akl of Mouwahidoun Druze or the confessional judge to be ratified and registered. This contract is effective on the date of being concluded. Article (19): (the amended) Either Sheikh Akl of Mouwahidoun Druze or the confessional judge shall register these contracts in a special record sealed by any and numbered in order. Then the contract is returned back to the concerned within a month or more effective since the date of being kept at the religious court for registration. Issued by the bureau of Mashyakhat Al-Akl of the Mouwahidoun Druze sect
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مساهمات || للاتصال || محكمة الاستئناف الدرزية العليا || بريد |
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