The Role of Free Will in Concluding a Marriage Contract

Abstract

The research topic is related to renewing the legal jurisprudential view to study the topics of the marriage contract in light of the role and competence of the will in concluding this contract and the gradual conclusion of it, starting from the stage of insinuation, engagement, and contract, and ending with the agreement on financial matters such as dowry and maintenance. It has become clear to us that this contract is close to being a system in which the will intervenes, while possessing many powers that enable it to modify some of the effects of entering into this system. Among these effects are insinuation of engagement and engagement itself, independence in concluding the contract, the formula of the conclusion, the dowry in terms of its nature and amount, and marital expenses. We have concluded that the role of the will is restricted in some forms of these issues in a way that does not have any role or competence for it, as in the agreement to deny the dowry, while in some issues it is granted an intermediate role such that it can modify some contractual effects, such as dropping her past maintenance, in addition to granting it an absolute role, as in the role of the will in agreeing on the amount and nature of the dowry.