Rulings on
Marriage
Quote of the day:
Objectives
• Explain the wisdom of legislating marriage
• Explain the basics of choosing a husband and wife
• Mention the conditions of a marriage contract
• Infer the rights of the husband and wife
• Know of new marriage contracts
What is Marriage in
Islam?
• In Islamic law (sharia), marriage (nikāḥ) is a legal and social
contract between two individuals.
• Islam is totally opposed to monasticism and celibacy. Marriage is
an act of Islam and is strongly recommended; the age of marriage
being whenever the individuals feel ready, financially and
emotionally.
The Wisdom behind legislating
marriage:
• Islam legislated several wisdoms whose benefits return to individuals
and society as a whole.
1. Society Building
-Marriage is the only means to form a family. The family is the main
building block to building a society. Hence, Islam has urged Muslims to
marry and made marriage desirous to them. The Messenger said: “O
young men, whoever among you can afford it , let him get married
for it is more effective in lowering the gaze and guarding one’s
chastity”
2. Protecting Society
-Whenever man preserves chastity and restrains himself from
committing forbidden acts, he in fact prohibits himself from committing
wrong-doings, thus ultimately achieving protecting of society.
-Marriage fortifies society against disintegration because marriage
strengthens relations and ties between families and tribes leading to
acquaintances and close contact.
3. Attaining Human Sumblimly
- Marriage has a magical effect in reffering the human soul and
changing its structure. As soon as man- male and female- begins a
project of establishing a family, the concepts begins to change and his
interests shift because the family has two poles: each one is responsible
for preserving the honor of the other. Instinctual desires become
organized and the emotions of fatherhood and motherhood begin to
grow and establish on enduring presence.
The basics of choosing a husban
and wife
1. Religion and good morals
- A women’s commitment to her religion is a purpose and a goal in itself,
which a fiancé looks for in his fiancée. This derives from a basic fact: a
women who is firmly attached to her religion assists her husband in obeying
Allah, Glory be to Him, and in distancing hinself from forbidden things. She
stands by his side in the process of establishing a faithful, good family.
• The Messenger, Peace be upon him, said, “A women may be married for
four things: her wealth, her lineage, her beauty and her religious
commitment. Seek the one who is religiously-commited, may you
prosper”
2. Compatibility between spouses
• The messenger, Peace be upon him, said: “Choose the best for your
sperm, and marry compatible women and purpose marriage to them”
• The purpose of this hadith is to establish compatibility between spouses
such as similarity in educational level and age.
• This kind of similarity is desirable because it increases the chances of
achieving harmony and affinity, as well as the continuity of co-existence
and family preservation.
1. Mutual Acceptance
Conditio
-Acceptance by each spouse of the other is a condition
that must be fulfilled as the goal of marriage cannot be
fulfilled if one of the spouses is forced to live with a
ns of a
person s/he loathes. The spouse forced into the
marriage will not be able to perform maritial duties in
the desired manner; hence, in the marriage contract,
Islam conditioned that the man should accept to marry
marriage the woman and the woman should accept to marry the
man.
contract The Messenger, Peace be upon him, said:
“A woman without a husband (divorcee or widow)
must not be married until she is consulted, and a
virgin must not be married until her permission is
sought. They asked, ‘Allah’s Messenger, how can a
virgin’s consent be solicited?’ He said, ‘That she
keeps silent”
2. the waliy (guardian)
-The presence and acceptance of the woman’s waliy. A waliy is a sane,
adult, fair and wise Muslim, i.e. the father.
-If the father is absent for any reason, his substitute is the grandfather,
brother or uncle, and so on consecutively. The origin of the condition
for the presence of the waliy is the saying of the Prophet, Peace be upon
him:
“Any woman who gets married without the permission of her waliy,
her marriage is invalid, her marriage is invalid, her marriage is
invalid”
3. The presence of two witnesses
-The Messenger, Peace be upon him, said: “There is no marriage
except with a guardian and two witnesses”
-A marriage contract is not valid without witnesses to confirm the
marriage and preserve rights, especially in the case of a conflict.
-The lack of witnesses to the marriage contract leads to manipulating
marriage contracts or forgetfulness and the loss of rights.
4. Religious Suitability
-Religious suitability means the equality of spouses in religion; it is not
permissible for a Muslim woman to marry a non-Muslim.
-Likewise, a Muslim is not permitted to marry a polytheist, who does
not believe in an Abrahamic (revealed) religion.
Contemporary (modern)
marriages
Types of marriages Definition
1. Az- Zawaj Al-Urfi Customary marriage; common law marriage
2. Az-Zawaj As-Suri Nominal or sham marriage
3. Zawaj Al-Misyar the husband and wife thus joined renounce
several maritial rights such as living
together, the wife’s rights to housing and
maintenance money (nafaqa), and the
husband’s right to homekeeping and access.
4. Az-Zawaj biniyyat At-Talaq Marriage with the intention of divorce
5. Az-Zawaj Abral Internet Marriage via the internet (marriage
websites)
Marital 1. The Rights of the Husband
The wife must observe the ff:
Rights:
• Obeying her husband in all things that do not invite
disobeying Allah
• Staying at her husbands house
• A wife shall not allow one whose husband dislikes to
enter his house
• A wife shall preserve her husbands honor, wealth,
• As soon as the marriage children, and household
contract is concluded the
rights of the husband and 2. The Rights of the Wife
The husband is obligated to observe:
wife regard to each other • Spending on his wife; this includes providing means of
will follow. sustenance, clothing and accommodation
• Good companionship; this includes preserving her
secrets and avoiding embarrassing and humiliating her
• Preserving her honor and status as wife, as well as
showing her appreciation and protecting her
3. Common Rights
• Good companionship imbued with benevolence, tolerance, mutual
respect, cooperation and making each other happy
• Each one of them is permitted to enjoy the other in the way prescribed
by Sharia
• Prohibition of marriage to relatives of the other spouse: the wife is
prohibited to marry any one of the husbands parental next of kin and
their off-spring and vice versa
• Confirmation of the lineage of children
• Confirmation of the right to inherit from each other
h a n k
T
Y o u !
