Marriage in
IslamIslam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
is an
Islamic prenuptial contractAn Islamic marriage contract is an Islamic prenuptial agreement. It is a formal, binding contract considered an integral part of an Islamic marriage, and outlines the rights and responsibilities of the groom and bride or other parties involved in marriage proceedings.-Witnessing:In Sunni Islam, a...
(Arabic Katb el-Kitab, Hebrew Ketubah, Urdu Nikah-Nama) between a man and woman to live as husband and wife. It is a formal, binding contract considered integral to a religiously valid Islamic marriage, and outlines the rights and responsibilities of the groom and bride involved in marriage proceedings. It has to be a public declaration and cannot be secretive.
History
It was a
SunnahThe word literally means a clear, well trodden, busy and plain surfaced road. In the discussion of the sources of religion, Sunnah denotes the practice of Prophet Muhammad that he taught and practically instituted as a teacher of the sharī‘ah and the best exemplar...
(custom) of earlier Prophets which the Islamic Prophet Muhammad re-instituted and passed on to his
ummahUmmah is an Arabic word meaning "community" or "nation." It is commonly used to mean either the collective nation of states, or the whole Arab world...
. The Arabic word for marriage is
nikah (
), which is generally used to refer to Islamic marriages. Marriage in Islam is a
contractA contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
(containing the standard elements of offer, acceptance and consideration) and not regarded as sacrosanct. It may be terminated (divorce) subject to certain conditions, although
HadithThe term Hadīth is used to denote a saying or an act or tacit approval or criticism ascribed either validly or invalidly to the Islamic prophet Muhammad....
state it should be the last resort when there is no chance of reconciliation. If a divorce is instituted by the husband it is called
talaqIn Islam there are separate rules for divorce for men and women under the terms of Islamic law . When a man has initiated a divorce the procedure is called . When a woman has initiated a divorce it is called khula ....
and may be done unilaterally, if at the behest of the wife it is known as
khulaKhula is the right of a woman in Islam to seek a divorce or separation from her husband. More accurately, it is merely the right of a wife to seek a release from the marriage bond, similar to the Get in Judaic law, but unlike the latter where the husband has unilateral right to refuse, a Muslim...
and requires the acceptance of it by the husband; failing which a
qadiQadi is a judge ruling in accordance with Islamic religious law appointed by the ruler of a Muslim country. Because Islam makes no distinction between religious and secular domains, qadis traditionally have jurisdiction over all legal matters involving Muslims...
(
ShariaSharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
court judge) may administer it, subject to certain formalities. Marriage is highly valued and regarded as being half of faith, according to saying of prophet
MuhammadMuhammad |ligature]] at U+FDF4 ;Arabic pronunciation varies regionally; the first vowel ranges from ~~; the second and the last vowel: ~~~. There are dialects which have no stress. In Egypt, it is pronounced not in religious contexts...
. The Prophet of Islam has said: "Marriage is my
SunnahThe word literally means a clear, well trodden, busy and plain surfaced road. In the discussion of the sources of religion, Sunnah denotes the practice of Prophet Muhammad that he taught and practically instituted as a teacher of the sharī‘ah and the best exemplar...
(practice or action of the Prophet) and whoever does not follow my Sunnah is not my true follower." (Ibn Haiah, Babun Nikah). The Qur'an asserts that marriage is the only legitimate way to satisfy one's sexual desire. Islam recognizes value of sex and companionship and advocates marriage as the foundation for families. Islam does not believe in celibacy, and is not a precondition to be appointed any clerical positions.
Background
The Islamic marriage is declared in the presence of people through a responsible personality with great solemnity and gravity after he delivers a sermon to counsel and guide them. Although it may be the norm it is not required that the person marrying the couple should be religiously qualified. The Qur'an tells believers that even if they are poor they should marry to protect themselves from immorality .
Relations prohibited for marriage
In certain sections of the pre-Islamic Arab tradition, the son used to inherit the wife of his deceased father. The Qur'an has prohibited this practice as well as marrying women who are not divorced from their husbands (i.e. who are already married to someone else).
PolygamyPolygamy is a marriage which includes more than two partners...
, though permitted, is subject to certain conditions and the requirement upon the husband that all wives be treated equally, and the bride to be may stipulate in the marriage contract her conditions such as
monogamyMonogamy /Gr. μονός+γάμος - one+marriage/ a form of marriage in which an individual has only one spouse at any one time. In current usage monogamy often refers to having one sexual partner irrespective of marriage or reproduction...
. The Qu'ran also restricted pre-Islamic practice of numerous wives to a maximum of four simultaneously. Besides this, marriage is prohibited with women based on three kinds of relationships :
Prohibitions based on consanguinity
Seven relations are prohibited because of
consanguinityConsanguinity refers to the property of being from the same kinship as another person. In that respect, consanguinity is the quality of being descended from the same ancestor as another person...
i.e. kinship or relationship by blood, viz. mothers, daughters, sisters, paternal aunts, maternal aunts and nieces (whether sister's or brother's daughters). In this case, no distinction is made between full and half relations, both being equally prohibited. Distinction is however made with step relations i.e. where both the biological mother and father of a couple wishing to marry are separate individuals for both parties, in which case it is permitted. Secondly, the word “mother” also connotes the “father’s mother” and the “mother’s mother” all the way up. Likewise the word “daughter” also includes the “son’s daughter” and the “daughter’s daughter” all the way down. Thirdly, the sister of the maternal grandfather and the sister of the paternal grandmother (great aunts) are also included on equal basis in the application of the directive.
Cousin marriageCousin marriage is marriage between two cousins. In various jurisdictions and cultures, such marriages range from being considered ideal and actively encouraged, to being uncommon but still legal, to being seen as incest and legally prohibited....
s are permitted in Islam and practised by Muslims.
Prohibitions based on suckling
Marriage to foster relations are permitted unlike the ones through consanguinity, however the English term foster is sometimes erroneously used for want of a more appropriate word to describe the relationship formed by suckling from the breast of
wet nurseA wet nurse is a woman who is used to breast feed and care for another's child. Wet nurses are used when the mother is unable or chooses not to nurse the child herself. Wet-nursed children may be known as "milk-siblings", and in some cultures the families are linked by a special relationship of...
, this is what is meant by "fosterage" in Islam as in the quotation below. In this case the infant is regarded in Islam as having the same degree of affinity as in consanguinity and therefore prohibited in marriage when he grows up to those related to the wet nurse by the same degree as if to his own mother.
HadithThe term Hadīth is used to denote a saying or an act or tacit approval or criticism ascribed either validly or invalidly to the Islamic prophet Muhammad....
reports confirm that fosterage does not happen by a chance suckling, it refers to the first two years of a child's life before it is weaned
IslahiAmin Ahsan Islahi was a Pakistani Muslim scholar, famous for his Urdu exegeses of Qur'an, Tadabbur-i-Qur’an—an exegesis that he based on Hamiduddin Farahi's idea of thematic and structural coherence in the Qur'an.-Early life:...
writes that "this relationship is established only with the full intent of those involved. It only comes into being after it is planned and is well thought of"
Prohibitions based on marriage
The daughter-in-law is prohibited for the father, and the mother-in-law, the wife’s daughter, the wife’s sister and nieces of the wife's siblings, the maternal and paternal aunts of the wife are all prohibited for the husband. However, these are conditional prohibitions:
- Only the daughter of that wife is prohibited with whom one has had conjugal contact.
- Only the daughter-in-law of a real son is prohibited.
- The sister of a wife, her maternal and paternal aunts and her brother's or sister's daughters (nieces) are only prohibited if the wife is in wedlock with the husband.
The above prohibitions are given from the male perspective for brevity; the analogous counterparts would apply i.e. aunt transpose to uncle from the female perspective.
Conditions
The Qur'an outlines some conditions for a nikah to take place :
- A nikah should be conducted through a gift – which here refers to the Mahr
In Islam, mahr is an amount of money paid by the groom to the bride at the time of marriage which she can spend as she wishes. The English concept of "dower", the gift of funds to the wife in the event she becomes widowed, closely approximates mahr. The terms "dowry" and "bride price" are...
. Once a mahr has been ascertained with the realization that it is an obligation of a Muslim husband, the groom is required to pay it to the bride at the time of marriage, however he and his bride can mutually agree to delay the time of its payment, or the wife can unilaterally decide to forego it. In 2003, Rubya Mehdi published an article in which the culture of mahr among Muslims was thoroughly reviewed. There is no concept of dowry in Islam, though the English term "dowryA dowry is the money, goods, or estate that a woman brings forth to the marriage. It contrasts with bride price, which is paid to the bride's parents, and dower, which is property settled on the bride herself by the groom at the time of marriage. The same culture may simultaneously practice both...
" is sometimes used erroneously to translate mahr, which can be misleading, and "marriage gift" is more accurate (see also dowerDower or morning gift was a provision accorded by law to a wife for her support in the event that she should survive her husband...
and bride priceBride price, also known as bride wealth, is an amount of money or property or wealth paid by the groom or his family to the parents of a woman upon the marriage of their daughter to the groom...
). Important distinction between mahr (Donatio Propter Nuptias in Latin law) and dowryA dowry is the money, goods, or estate that a woman brings forth to the marriage. It contrasts with bride price, which is paid to the bride's parents, and dower, which is property settled on the bride herself by the groom at the time of marriage. The same culture may simultaneously practice both...
should be noted as it has become common practice to erroneously refer to the mahr as dowry; whereas the latter is the payment to the groom from the bride's family, and is not an Islamic practice but borrowed from other religions into some Muslim cultures, notably Indian Sub-continent.
- Another requisite of marriage is chastity. No fornicator has the right to marry a chaste woman and no fornicator has the right to marry a chaste man, except if the matter has not gone to court and the two purify themselves of this sin by sincere repentance.
- Marriage is permitted for a man with a woman from the People of the Book
People of the Book is a term used to designate non-Muslim adherents to faiths which have a revealed scripture called, in Arabic, Al-Kitab . The three types of adherents to faiths that the Qur'an mentions as people of the book are the Jews, Sabians and Christians.In Islam, the Muslim scripture, the...
(Arabic - Ahl al Kitab, Christians and Jews) but not to polytheists. For a woman, marriage to any other than a Muslim is prohibited.
- It is customary that marriage takes place with the consent and presence of the elders of the family. However, if the marriage does not take place through the consent of the guardians or the elders of a family, then there must be a solid reason for this. In the absence of such a reason, a Muslim state has the authority to stop such a marriage from taking place Prophet Muhammad made it clear upon the guardians through both his words and the measures he took that they must not take any decision in this regard without the lady's consent. If the lady wants, their decision can be revoked. Binti Khudham says that when she became a widow, her father solemnized her marriage. She did not like the decision. So she came over to Muhammad and he gave her the permission to revoke her marriage. Hence forced marriages are against Islamic teachings.
Rights and obligations of spouses
According to Islam, both man and woman have rights when they enter into a marriage contract and the husband is supposed to head the family-unit . This guardianship has two aspects for both partners:
- The husband's financial responsibility for the welfare of his wife and any children they may produce. In return, it is the duty of the wife to be obedient with regards to how the husband's wealth should be spent. However if the wife has wealth in her own capacity she is not obliged to spend it upon the husband or children, as she can own property and assets in her own capacity, c.f. some other faiths where the wife and her wealth are deemed the chattel of the husband. An indication of the financial expectation from the husband is in the Mahr given by him to the wife, as per the custom of the society.
- The husband's physical and emotional strength and honour. In return, the wife is supposed to guard the secrets of her husband and to be faithful.
Several commentators have stated that the superiority of a husband over his wife is relative and the obedience of the wife is also restrictive. The net import of the Qur'an is to establish a healthy social unit. In order to correct domestic abuse, the Quran advises men that if they are certain of a rebellious attitude by the woman, they should first admonish her, then refuse to share beds, and finally hit her (without leaving a mark and not on the face, as established by the Hadith). This refers to behaviour which is not expected from a sane woman. In explaining this Ibn Abbas gives an example of striking with a
toothstickThe miswak is a teeth cleaning twig made from a twig of the Salvadora persica tree . It has a long, well-documented history and is reputed for its medicinal benefits...
(that at the time of revelation was a very tiny piece of wood, incapable of creating any pain).
Women are also reminded that in case the husband is not fulfilling his responsibilities, there is no stigma on them in seeking divorce . The Quran re-emphasizes that justice for the woman includes emotional support, and reminds men that there can be no taking back of the gifts given to women.
See also
- Nikah mut‘ah
' , is a fixed-term marriage in Shi'a Islam. The duration of this type of marriage is fixed at its inception and is then automatically dissolved upon completion of its term. The marriage is contractual and is subject to renewal...
(pre-planned temporary marriage)
- Mahr
In Islam, mahr is an amount of money paid by the groom to the bride at the time of marriage which she can spend as she wishes. The English concept of "dower", the gift of funds to the wife in the event she becomes widowed, closely approximates mahr. The terms "dowry" and "bride price" are...
(marriage gift or 'donatio propter nuptias'- Latin)
- Walima
Walima or Valima , or the marriage banquet, is the second of the two traditional parts of an Islamic wedding. The walima is performed after the nikah, or marriage ceremony. The word walima is derived from awlam, meaning to gather or assemble. It designates a feast in Arabic...
(marriage banquet offered by groom day after nikah)
- Talaq
In Islam there are separate rules for divorce for men and women under the terms of Islamic law . When a man has initiated a divorce the procedure is called . When a woman has initiated a divorce it is called khula ....
(unilateral divorce at behest of husband)
- Khula
Khula is the right of a woman in Islam to seek a divorce or separation from her husband. More accurately, it is merely the right of a wife to seek a release from the marriage bond, similar to the Get in Judaic law, but unlike the latter where the husband has unilateral right to refuse, a Muslim...
(dissolution of marriage at behest of wife)
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