Legal systems inspired in Islamic Law and the celebration of marriage in Spain: Problems of application
DOI:
https://doi.org/10.36151/Keywords:
Celebration of marriage, capacity of the spouses, marital consent, forms of marriage, lex matrimonii, Islamic law, marriage of convenienceAbstract
Spanish private international law rules that determine the law applicable to the celebration of marriage usually lead to the application of the national law of the intending spouses. The application of these legal systems can be very problematic for Spanish authorities, especially when they belong to a remote legal tradition, such as the Islamic legal culture. In this paper, the content of these Muslim inspired legal systems is analyzed, together with the problems of application that they cause, in order to suggest possible solutions from a private international law perspective.
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