The Duties of Marriage Notaries (Al-Umana’ Al-Shar'iyyun) in Implementing Marriage Contract Essentials for Persons with Disabilities: A Case Study of Taiz Governorate

Abstract

This research examines the duties of marriage notaries (Al-Umana’ al-Shar'iyyun) in implementing the essential pillars (Arkan) of marriage contracts for persons with disabilities in Taiz Governorate. The study addresses the unique Sharia and legal requirements for various categories, including the mute, deaf, blind, and those with mental or psychological impairments. Structured into three sections, the research first defines the conceptual and juristic framework regarding persons with disabilities and the general obligations of notaries. The second section details the procedures for marriage contracts involving the mute and the blind, while the third focuses on individuals with legal incapacity (Faqid al-Ahliyyah) or diminished capacity (Naqis Al-Ahliyyah). The study concludes that notaries must possess a precise understanding of the specific rulings for these groups. Key findings emphasize the necessity of personal presence at the marriage session, the requirement for the blind to hear the offer and acceptance, and the mandate for guardians to act for those with mental impairments. The research recommends implementing specialized training programs and developing comprehensive procedural manuals to assist notaries in ensuring the validity of these sensitive contracts.