The majority of Maliki jurists classified the pillars of the marriage contract into five pillars, and they agreed on the necessity of their existence, in order to complete the marriage contract, which is:
- The Guardian: A marriage contract is not valid without it and is required to be Muslim, adult, reasonable, and male.
- Dowry: The marriage contract is not valid without the dowry. The majority of jurists unanimously agreed that the contract is nullified without a dowry or Marriage portion, and it is not permissible to compromise on dropping the dowry from the contract.
- Al-Mahal (the two contracting parties): They are the persons who have contracted the marriage, and each of them has an independent pillar of its own, so the marriage is not contracted with one of them without the other.
- Formula: It is what was issued by the guardian and the husband, or by both, which indicates the convene. The formula requires that it be an offer and acceptance, that it not be dependent on an unfulfilled condition, and that it be immediately on the part of both parties.
- The two witnesses: The majority of the Malikis do not consider it an integral part of the marriage contract, and the two witnesses are required to be sane adult Muslim men.
According to Kuwaiti personal law, the annulment of the marriage contract is a breach of the marriage contract of its origin. The reasons for annulment of the marriage contract are as follows:
- Incompetence between spouses.
- Abandonment of Islam by one of the spouses.
- If the husband or wife converted to Islam and his partner refused to convert.
- The occurrence of a curse between spouses.
Customary marriage is not legally recognized and gives rise to no rights, but only one right, which is the right of lineage, in which case the customary marriage contract is first proved and documented, and then the birth is proved. The original customary contract signed by the parties and witnesses must be submitted with the parties recognizing the validity of their signatures.
We have arrived at the conclusion of this article presented on the Integrated Legal Group website, in which we touched on the pillars of the marriage contract, the conditions of the marriage contract, the reasons for an annulment of the marriage contract, and how to prove and document the marriage contract, and before you choose a marriage contract attorney in Kuwait, there are many points that must be taken into account. You must first understand the nature of the legal problem you face, whether it is related to documenting a foreign marriage contract, annulment of a marriage contract, or others. After that, it is necessary to ensure that the Kuwaiti family law lawyer who was chosen has the experience and legal specialization appropriate to the nature of your legal problem.
