الدكتور نشوان زكي سليمان الحليم عـضـل الـولـي فـي الـزواج (دراسـة مـقارنة فـي الشـريعـة والـقانـون)

Abstract

There was a severe disagreement among the Muslim jurists regarding the need for the guardian theory,
as some of them made the guardian one of the conditions of marriage, while others reduced the
guardian's right and carried it on minors and people with mental illnesses.Some gave adult women the
right to conclude their marriage contract provided that the competent of the husbands and the dowry of
the proverb are chosen. Otherwise, the guardian has the right to request the annulment of the marriage
contract, due to incompetence as long as the guardian controls the marriage of his guardian, so he can
injustice or prevent the woman from marrying despite the lack of a legitimate reason for that. Islamic
law and statutory laws for personal status prohibitthe guardian’s injustice, and consider him Unjust
obscene for not a person has arranged provisions for his treatment such as forfeiting the guardianship
from the judge and transferring it to the next of the guardians, or giving the judge the right to replace
the honorable guardian, and marrying the woman, whom the guardian has wronged, and some laws
such as the Iraqi Personal Status Law No. 188 of 1959 A.D., pass criminal sentences for injustice
guardian.