أثر العرف في تقرير الأحكام الشرعية عند الفقهاء "الكفاءة في النكاح أنموذجا "

الملخص

Competence in marriage is legitimate ; To ensure the continuity of the marriage contract ; According to the approach that God wanted ; The purpose of marriage is serenity , friendliness and loveness , Allah says  " and among his sign is that he created for you wives from among yourselves , that may you find repose in them , and he has put between you affection and mercy . verily, in that are indeed sign for a people  who reflect '' . surah ar-rum, verse 21.

The competence is the right of woman and their guardians to marry and The woman as well as her guardian have their own free will to waive the competency. 

The scholars of religin have differed in the characteristic that considered on competency ,because there is no clear explicit text on holy quran that describe these characteristic specifically.

The prevailing knowledges have influent in the directions of scholars of religion , Which led to their differences in the characteristics adopted by each team of them .

The basis for requiring competency qualities is to deny shame and harm ; deny shame on the parents or guardian, and prevent harm to women.

The study conclude weighing the Maaliki' opinion , which based on an  adopotion of religion 

Key words :

Marriage , competency , prevailing knowledge , scholars of reilgion