Abstract

Objectives: This research aims to understanding the methods of formalizing marriage contracts in Islamic jurisprudence and Afghan law by emphasizing the importance of written documentation as a means of formalizing marriage contracts in modern times, as endorsed by Afghan law despite being secondary in ancient times, recognizing that the methods of formalizing marriage contracts are subject to change over time and are not immutable based on religious texts. Methods: The research methodology involves desk research to gather and analyze texts, comparative analysis of legal texts and opinions with Afghan law. Results: Islamic jurisprudence is the primary source for matters of personal status in Islamic and Afghan societies, Afghan law aligns with Islamic jurisprudence in the development and regulation of marriage formalization, writing marriage contracts is one of the essential methods used in official circles, especially in cases of dispute between spouses. In conclusion, marriage is a contract that every individual may encounter, and it is essential to understand the methods of formalizing it in both Islamic jurisprudence and the prevailing law of the country. This article has addressed this issue, providing evidence from both jurisprudential and legal texts. Conclusions: In conclusion, the purpose of formalizing marriage through registration is to document the contract in an official document issued by an authorized public official, such as a judge within the country or a consul abroad.