MARRIAGE ACCORDING TO THE ISLAMIC LAW (SHARIA) AND THE SECULAR LAW

Marriage is the oldest and most important social legal institution. It is the basis of the family and its duty is to perform numerous social functions. Humans, in their life, as a primary goal have marital union, family creation, living conditions, personal and family well-being. Humans complete themselves with a healthy marriage and with the creation of a healthy family. The basis of the family in Islam is the almost precisely defined blood relationship and the marital agreement. Whereas marriage in secular law is a specific union, from the content of which derive its purposes. The purposes of marriage in secular law are: the purpose of cohabitation, the purpose of marital solidarity and the social purpose. Islam shows special care in strengthening the family and protecting it from everything that damages and undermines its structure, because the organisation of the family with its members guarantees the organisation of individuals and society in general. Islam has an average position between categorical prohibition and unqualified liberalization of divorce. While according to Islamic Sharia divorce is an act of the will, of the wife or the husband, to request if the marital relationship has been seriously or continuously disrupted, or when for other reasons it has been irrevocably dissolved. According to secular law, divorce cannot occur otherwise except by decision of the competent court, at the request of one spouse, or both.