Islamic marital jurisprudence | Wikipedia audio article

Islamic marital jurisprudence | Wikipedia audio article

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In Islamic law (sharia), marriage (nikāḥ
نکاح) 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. Polygyny is permitted in Islam under some
conditions, but polyandry is forbidden.==Types of marriage=====Nikāḥ===nikāḥ (Arabic: نكاح, literally, “to
collect and bind together”) is the first—and most common—form of marriage for Muslims. It is described in the Qur’an in Surah 4:4.Regulations: While intended to be a permanent state, it
can be terminated by the husband engaging in the Talaq process or the wife seeking a
Khula. The couple inherit from each other. A legal contract is signed when entering the
marriage. However it is not a requirement that the contract
be in writing, it may be oral especially amongst illiterates; and if an agreed end-date is
specified in the nikāḥ contract: In Sunni jurisprudence, the contract is invalid. In Shia jurisprudence, the contract defines
a temporary marriage, nikāḥ mut’ah.Ibn Abbas narrated that prophet said, “fornicatoresses
are those who marry without proof.” (Tirmidhi vol. 2 book 6 no.1103) Requirement of witnesses: two (2) witnesses from both sidesPermission
from Wali: Sunni: Compulsory (Maliki, Shafi’i, Hanbali)
or Strongly recommended (Hanafi) Shia: Depending on the scholar, it is either
obligatory or obligatory based on precaution.===Nikāḥ mut‘ah===nikāḥ mut‘ah (Arabic: نكاح متعة,
temporary marriage, There is controversy on the Islamic legality of this type of marriage,
since Sunnis believe it was abrogated by Muhammad or Umar.while Shias do not hold this. According to Shia Hadith: Ali (r) said ‘Had
Umar not banned Mut’ah then the only person to fornicate would have been a disgraceful
person, since Mut’ah is easy, and one can attain the objective, there would have then
been no need to indulge in haraam acts. It is clear that if Mut’ah’s abrogation
was Sahih then Jabir would not have opposed Omar, and that if Islamic prophet outlawed
it, the Companions would not have practiced it during the reign of Abu Bakr. Someone asked Abdullah bin Umar (about Mut’ah)
saying: ‘Your father prohibited it. (Ibn Umar replied): ‘Is the order of the
Messenger of Allah, more deserving to be followed, or the order of my father?’ [3]. However, similar to normal marriages that
are common among Sunnis and Shi’ias, the woman still is given her mahr,and the woman must
still observe the iddah, a period of time where the woman cannot remarry. This is to ensure that there is no pregnancy
from the ex-husband and thus clarifies paternal lineage. Quran 4:24 (Pickthall)- And all married women
(are forbidden unto you) save those (captives) whom your right hands possess. It is a decree of Allah for you. Lawful unto you are all beyond those mentioned,
so that ye seek them with your wealth in honest wedlock, not debauchery. And those of whom ye seek content (by marrying
them), give unto them their portions as a duty. And there is no sin for you in what ye do
by mutual agreement after the duty (hath been done). Lo! Allah is ever Knower, Wise.===Nikāḥ misyar===nikāḥ Misyaar is a nikāḥ in Sunni’s
carried out via the normal contractual procedure, with the specificity that the husband and
wife give up several rights by their own free will, such as living together, equal division
of nights between wives in cases of polygamy, the wife’s rights to housing, and maintenance
money (“nafaqa”), and the husband’s right of homekeeping, and access etc. The difference between this and Mut’ah is
that Mut’ah has the condition of a definite time period. Allowing both husband and wife aware of a
separation date, prior to a marriage contract. Sunnah Scholars have said it is permissible
to marry a Woman with the intention of getting divorced, If the Wife is not informed or expecting
a divorce during a marriage contract. [4]===Nikah Istibdaa===
It is a marriage ( نکاح استبضاع) in which a husband would send his wife to
another person, usually of noble lineage, to have sexual relations with him. The husband would refrain from sexual relations
with his wife until she became pregnant by the other man. Afterwards, the man would claim paternity
of the conceived child. This was done to get a child of noble breed. It was eradicated by Islam.===Nikāḥ Shighār===
It is marriage (نکاح شغار) in which two men would exchange their daughters, sisters
or other close women for marriage without paying Mahr. It was prohibited by Muhammad.===Nikāḥ ijtimaa===This is polyandrous marriage, in which up
to ten men would have sexual relations with the same woman at around the same time. When she bore a child she would call all the
men and attribute paternity of the child to a man of her choosing. This practice was eradicated by Islam.===Interfaith marriage===Muslim males may marry a non-Muslim female,
specifically, one from the “People of the Book”, which includes Judaism and Christianity. Conversion is optional for the woman, but
she is nonetheless charged with having a proper understanding of her respective faith as well
as engaging in its true and thorough practise. Muslim women have generally forbidden from
marrying non-Muslims by some interpretations. But today, more and more scholars have been
questioning this ages-long assumption.==Restrictions on marriage=====Polygyny===Muslim men are allowed to practise polygyny,
that is, they can have more than one wife at the same time, up to a total of four, per
Sura 4 Verse 3. A man does not need approval of his first
wife for a second marriage as there is no evidence in the Qur’an or hadith to suggest
this. The only requirement is to create fairness
among his wives and to never hurt one wife to please another as this would be unjust. If this requirement cannot be fulfilled, then
he can only marry one woman. Polyandry, the practice of a woman having
more than one husband, by contrast, is not permitted. One of the main reasons for this would be
the potential questioning of paternal lineage. The Quran states: (30:21): “And among His
signs is that He has created for you, from your selves, mates, that you may incline towards
them and find rest in them, and He has engendered love and tenderness between you. Surely in this are signs for people who reflect.”===Permissible age===
Sahih Muslim permits marriage once a person reaches sexual maturity (i.e.: menstruation,
voice changing, wet dreams) (baligh). Sexual maturity in Sharia law is typically
understood to mean puberty. At the same time, intercourse is forbidden
until they are able to physically bear it.===Other religions===Traditionally, Muslim jurists hold that Muslim
women may only enter into marriage with Muslim men. The Qur’an explicitly allows Muslim men to
marry chaste women of the People of the Book, a term which includes Jews and Christians.===Arranged and forced marriages===
An engagement may be arranged between families for their children, but Islamic requirements
for a legal marriage include the requirement that both parties, bride, groom and guardian
for the bride (wali), give their legal consent. A marriage without the consent of the bride
or performed under coercion is illegal according to the majority of scholars. If a girl has not attained the age of puberty,
the vast majority of scholars hold that she cannot be married; and many stipulate that
it must be in her best interest in order to be considered a valid marriage. There is some dispute as to whether or not
an under-age bride can leave her family’s custody and be transferred to her husband’s
custody, if she has not yet reached puberty. Some evidence supporting both sides can be
seen in the following narrations from Muhammad: Sahih Bukhari Volume 7, Book 62, Number 65
Narrated ‘Aisha: that the Prophet married her when she was six years old and he consummated
his marriage when she was nine years old. Hisham said: I have been informed that ‘Aisha
remained with the Prophet for nine years (i.e. till his death). Sahih Bukhari 7.18 Narrated ‘Ursa: The Prophet
asked Abu Bakr for ‘Aisha’s hand in marriage. Abu Bakr said “But I am your brother.” The Prophet said, “You are my brother in Allah’s
religion and His Book, but she (Aisha) is lawful for me to marry.” however; evidence from other Islamic sources
seems to suggest that this is not something allowed for all Muslims; rather specifically
for Muhammad. The evidence for this view is as follows:
Abu Hurayrah reported that the Prophet said: “A non-virgin woman may not be married without
her command, and a virgin may not be married without her permission; and it is permission
enough for her to remain silent (because of her natural shyness).” [Al-Bukhari:6455, Muslim & Others]
It is reported in a hadith that A’ishah related that she once asked the Prophet: “In the case
of a young girl whose parents marry her off, should her permission be sought or not?” He replied: “Yes, she must give her permission.” She then said: “But a virgin would be shy,
O Messenger of Allaah!” He replied: “Her silence is [considered as]
her permission.” [Al-Bukhari, Muslim, & Others]
It appears that the permission of an under-age bride is indeed necessary for her marriage
to be considered valid;the above narrations seem to clearly make the approval of the bride
a condition for a valid marriage contract.===Adulterers===
Islam does not give adulterous men the right to marry a chaste woman and nor may an adulterous
woman marry a chaste man, except if the matter has not gone to court and the two purify themselves
of this sin by sincere repentance. Women of purity are for men of purity, and
men of purity are for women of purity===Other===
A woman or man may propose marriage directly or through an intermediary (matchmaker). Recognition or celebration of same-sex marriage
is completely unjustified in the view of Islamic law. Islam forbids homosexuality in Qur’anic injunctions
and Islamic tradition. A marriage is registered by the Qadi who performs
the short ceremony. Unlike the wedding ring in Western societies,
there is no visible sign worn to show a woman or a man is married. However, some Muslims have found the wedding
ring to be a non-religious tradition and have used a ring.===Mahr===Mahr is a mandatory gift given by the groom
to the bride. Unlike a bride price, however, it is given
directly to the bride and not to her father. Although the gift is often money, it can be
anything agreed upon by bride and groom such as a house or viable business that is put
in her name and can be run and owned entirely by her if she chooses.===Islamic marriage contract===The purpose, rules, and regulations of the
Islamic marriage contract. A Muslim marriage is not a sacrament, but
a simple, legal agreement in which either partner is free to include conditions. These conditions are stipulated in a written
contract. Violating any of the conditions stipulated
in this contract is legal grounds for a partner seeking divorce. The first part of the Nikah, marriage ceremony
is the signing of the marriage contract itself. Various traditions may differ in how Nikah
is performed because different groups accept different texts as authoritative. Therefore, Sunnis will likely accept the hadith
of Muhammad al-Bukhari, while Shia will have their own collections, for example Furu al-Kafi,
thus producing different procedures. This contract requires the consent of both
parties. There is a tradition, outside of the religion,
in some Muslim countries to pre-arrange a marriage for young children. However, the marriage still requires consent
for the wedding to legally take place. Divorce is not forbidden as a last resort,
however the dissolution of the contract Talaq, is often described as the most disliked of
permissible things in Islam and should be used as a last resort.==Walima==The Walima is a dinner given by the groom’s
side of the family to celebrate the welcoming of the bride to the family. It is a strong sunnah (the repetition of an
action of Muhammad) and it is recommended to be held the earliest possible day after
the Nikah.==Behavior within marriage=====Spousal rights and obligations===Islam advocates a role-based relationship
between husband and wife. `Abd Allah ibn `Umar narrated: The Prophet said, “All of you are guardians
and are responsible for your wards. The ruler is a guardian and the man is a guardian
of his family; the lady is a guardian and is responsible for her husband’s house and
his offspring; and so all of you are guardians and are responsible for your wards.” It puts the main responsibility of earning
over the husband. Both are obliged to fulfill the other’s sexual
needs. Both are obliged to treat each other with
kindness.====Separate accommodation for wife====
The wife has the right to live in separate accommodation with her husband and children,
if she does not like to share it with anyone like her in-law or relatives. This is the view of most of the Hanafi, Shaafa’i
and Hanbali fuqaha. She also has the right to refuse to live with
her husband’s father, mother and siblings. Narrated ‘Abdullah bin ‘Umar: That he heard
Allah’s Apostle saying, “Everyone of you is a guardian and is responsible for his charge;
the ruler is a guardian and is responsible for his subjects; the man is a guardian in
his family and responsible for his charges; a woman is a guardian of her husband’s house
and responsible for her charges; and the servant is a guardian of his master’s property and
is responsible for his charge.” I definitely heard the above from the Prophet
and think that the Prophet also said, “A man is a guardian of his father’s property and
responsible for his charges; so everyone of you is a guardian and responsible for his
charges.”[Sahih Bukhari] This indicates that a wife is responsible
for the house of her husband. Also that a man should be the guardian of
his family, i.e., after his marriage he moves out of his father’s house, and runs his own
family affairs and is guardian of his family. In joint family, typically the head is either
the father of the husband, or mother of the husband. This also indicates that a husband should
look after his parent’s house, as “a man is a guardian of his father’s property”. So the wife should not object to her husband
when he is looking after affairs of his parents.====Sexuality====Sexuality in Islam is largely described by
the Qur’an, Islamic tradition, and religious leaders both past and present as being confined
to marital relationships between men and women. While most traditions discourage celibacy,
all encourage strict chastity and modesty with regards to any relationships across gender
lines, holding forth that intimacy as perceived within Islam (encompassing a swath of life
more broad than strictly sex) is to be reserved for marriage. Abd Allah ibn Mas’ud narrated: We were with the Prophet while we were young
and had no wealth whatever. So Allah’s Apostle said, “O young people! Whoever among you can marry, should marry,
because it helps him lower his gaze and guard his modesty (i.e., his private parts from
committing illegal sexual intercourse etc.), and whoever is not able to marry, should fast,
as fasting diminishes his sexual desire.” While adulterous relationships are strictly
forbidden, permissible sexual relationships within marriage are described in Islamic sources
as great wells of love and closeness for the couple involved. Sexual relationship between married couples
are even source of rewards from God as doing the opposite; i.e., satisfying sexual needs
through illicit means has punishment. Specific occasions (most notably daytime fasting
(see sawm) and menstruation) are times forbidden for intercourse, though not for other ways
of touching and being close to one another. Anal sex with one’s wife is also strictly
prohibited. Islam has an open and playful approach to
sex so long as it is within marriage, free of lewdness, fornication and adultery.===Gender roles===
The Qur’an asserts that there are innate differences between women and men. Therefore, Islam places different rights over
the husband and wife. Some similar rights which both the husband
and wife owe to each other are: The right to enjoy each other. The right to inherit from each other. The right of confirmation of the lineage of
their children.Some rights which the husband owes to his wife are: The dower (Mahr)
Support Kind and proper treatment
Marital relations Not to be beaten on face
Privacy Justice between multiple wives
To be taught her religion Defense of her honorSome rights which the
wife owes to her husband are: Being head of the household
To be obeyed in all that is not disobedience to Allah
Marital relations That she not allow anyone in the house of
whom he disapproves That she not leave the house without his permission
That she protect his property To be thanked for his efforts
That she can only undertake a voluntary fast with his permissionThese are some of the rights
which spouses owe one another.==See also==
Beena – a form of marriage used in pre-Islamic Arabia
Islamic views on slavery#Concubinage Marriage and wedding customs in Islam
Nikah Halala Nikah Ijtimah
The Sermon for Necessities Women in Islam==References====Further reading====External links==
E-Book: Marriage – A Form of Ibada E-Book: Wedding Customs and Non-Islamic Traditions
Rights of husband and wife, and issues with joint family system
The Etiquettes of Muslim Marriage Islamic Philosophy of Marriage
VIDEO: British Man and French Woman talk about Becoming Muslims and how they got married. VIDEO: A French Muslim Convert Talks about
Hijab and Marriage crescentlife.com’s “Fundamentals of a happy
marriage”, a Muslim view of marriage structured around “21 F’s”, words beginning in F such
as Faith, Forgiving, Forget, Forbearance, and so on. Similar content exists in multiple other sources,
credited to various authors or uncredited. Why Muslim Singles Cannot Get Married
The Wali in Islam:1,2,3,4,5 Islam Marriages and Qur’an Teachings
QuranicPath | Marriage of Believers

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