English abstract
This dissertation will look into the principle of "al darar yuzal" and its effect within the marriage and divorce chapters of Oman's Personal Status law. The dissertation is divided into three sections; the first section will explain the religious origin of the principle within islamic norms, its essence, the objective side of it, its divisions and the similiarties with other terms. Further, the definition of the principle will be analysed in terms of its importance and objective presence. Also the basis and conditions of applying this principle. The second section will highlight the broad effect of the religious principles and will scrutinise on the principle of "al darar yuzal" within Oman's personal Status Law and taking into consideration Oman's high court perspective. Moreover, the effect of the principle is clarified as it takes a role in the preambles of marriage contracts and engagements. Then it goes on to illustrate how the principle affects the foundation of marriage contracts, including marriage of underage women and the relationship with the guardian. The principle is then explained to how it relates to the body of marriage contracts. It shows the positive impact between a married couple as a fundamental aspect of a legal contract. The third section is to show its effect within the divorce chapter of the Law. It illustrates how effective the principle is in cases as the divorce of an incurable person and in custody issues. Afterthat, the principle will touch on the legitimacy of separating a husband and a wife due to unpresence of either of the sides, based on the flaws of either If them, due to the avoidance of each other and harmful relationships. At the end, this dissertation will illustrate the results with emphasizing the validity of such principle to be utilised, the fact to be considered that its a foundation. The conclusion will also show how Oman's Personal Status Law and the decisions of the High Court are effected especially within the terms marriage and divorce
