Comparative characteristics of the marriage contract in Russian and Islamic law

the study explores the distinctive aspects of legal frameworks governing the institution of marriage contracts within the contexts of Russian and Islamic law. The study emphasizes the relevance and importance of analyzing these legal systems in the context of globalization and intercultural interaction, which contribute to a deeper understanding of the diversity of legal traditions. The paper examines the differences and commonalities in the methods of establishing, structuring, and enforcing such agreements, while also evaluating the role of cultural, religious, and historical influences in shaping these legal frameworks. In Russian law, the marriage contract is presented as a tool for regulating property relations between spouses based on the principles of freedom of contract and equality of the parties. At the same time, in Islamic law, marital regulation is closely connected to the religious norms of Sharia, where the contract holds not only legal but also moral and ethical significance. Particular attention is paid to issues related to the limits of the autonomy of spouses' will, the admissibility of restrictions on property and other rights, as well as institutional differences in judicial practice. Based on the findings of the research, the authors developed recommendations and insights designed to enhance the legal framework governing the institution of marriage contracts within Russian legislation.

marriage, spouses, rights and obligations, marriage contract, comparative law, Russian law, Islamic law