Fiqh of Marriage

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Effect of a Sound Marriage: Rights of the Husband and Wife

In This Chapter:

• The importance of meeting the spouse's rights in a marriage.
• The rights of the wife over the husband.
• The rights of the husband over the wife.

Fiqh of Marriage

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Announcement, Feast & Coming Together

Goals of this Chapter

• Hadith shows that public announcement is obligatory (though many scholars didn't say this).
• The importance, ruling and timing of the waleemah.
• The importance of attending the waleemah
• How to begin married life in a way that is pleasing to Allah and according to the Shari'a

Fiqh of Marriage

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The Dowry

Goals of this Chapter

	To understand the concept of the mahr, its obligatory nature and its relationship to the marriage contract itself.
	To understand the discussion concerning the minimum and maximum amounts for the dowry.
	To understand when the woman is entitled to all of her dowry, half of it or none of it.

Fiqh of Marriage

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The Marriage Contract

Goals of this Chapter

	Definition of some important fiqh terms including arkaan, shuroot, sahih, baatil and faasid.
	The different conditions and/or prerequisites needed for a marriage contract to be considered valid, enforceable and binding.
	In particular, the importance of the guardian (wali), witnesses (shuhood) and the dowry (mahr).
	General concepts concerning conditions or stipulations in any type of contract and the ruling regarding adding such stipulations into a marriage contract in particular.
	The ramifications and effect on the contract when certain conditions are not properly met.

Fiqh of Marriage

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Qualities to Look for in a Spouse

	The importance of specific qualities in a spouse and that some of those qualities are much more important than others.
	The importance of seeing a prospective spouse and the limits of that.
	Specific rulings regarding such issues as being alone with one's "fiancee", touching and private communications between them.

Fiqh of Marriage

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Marriage: Goals, Purpose and Definition

In this Chapter:

	The definition of marriage
	The important goals of marriage itself
	The ruling regarding marriage - whether obligatory, recommended, etc.

The Definition of Marriage (Nikah)

The original meaning of the work nikah is the physical relationship between man and woman. It is also used secondarily to refer to the contract of marriage which makes that relationship lawful. Which of the two meanings is intended can be determined by the context in which it is used.

As for the definition of marriage in fiqh, the simple definition would go something like this:

"A contract that results in the two parties physically enjoying each other in the manner allowed by the Shari'a."

Since this only focuses on one aspect of the marriage contract, Muhammad Abu Zahrah (a modern scholar) defines it like this:

"A contract that results in the man and woman living with each other and supporting each other within the limits of what has been laid down for them in terms of rights and obligations."

Ibn Uthaimeen takes an even more comprehensive view of the institution of marriage in his definition of it as:

"It is a mutual contract between a man and a woman whose goal is for each to enjoy the other, become a pious family and a sound society."

The Purpose and Goals of Marriage

Like anything a Muslim does, marriage should only be undertaken after gaining an understanding of all that Allah has prescribed in terms of rights and obligations as well as gaining an understanding of the wisdom behind this institution. Nearly all peoples and all societies practice marriage in some form, just as they practice business (buying and selling). Umar ibn Al-Khattab used to expel people from the marketplace in Madina who were not knowledgeable of the fiqh of buying and selling. Likewise, a Muslim should not engage in something as important as marriage without having understanding of the purpose of marriage in Islam as well as a comprehensive understanding of the rights and obligations which it brings about.

One of the principles of Islamic Jurisprudence says that: "The default state of all things is lawfulness until some evidence shows otherwise." Based on this, if new foods are discovered, they are considered lawful, unless there is some specific reason or attribute which would make it forbidden for example if it is causes intoxication. Relations between men and women do not follow this general principle and in fact are opposite to it. The principle is that: "Relations between men and women are forbidden until some evidence shows otherwise."

Procreation (Children)

On of the most important purposes of marriage is to continue and increase the population of the Muslims. Clearly, this goal could be achieved without marriage, but when actions are undertaken in disobedience to Allah, they do not receive the blessing of Allah and the whole society is corrupted. The Prophet (sas) said:

"Ankihoo fa inniy mukaathirun bikum al umam yaum al-Qiyama"
"Marry, for I will outnumber the other nations by you on Qiyama." (Ibn Majah - Sahih)

It should be stressed that the goal is not simply to produce any child that will live in the next generation. It is to produce righteous children who will be obedient to Allah and who will be a source of reward for their parents after they die. The Prophet (sas) will NOT be boasting before the other nations on the day of Qiyama with children of Muslim parents who left the path of Islam. Thus it is the responsibility of Muslim parents to seek the means of giving their children the training and education they need not just to grow, but to succeed as Muslims worshipping and obeying Allah. This obligation may include migration (hijrah), establishing of Muslim communities and schools and other obligations. As the scholars have said in another principle of fiqh:

"Maa laa yutimmu al-wajibu illa bihi fa huwa wajib."
"That without which an obligation cannot be fulfilled is itself obligatory."

Pleasure

Islam is the religion of the fitrah - the religion which is consistent with the natural instincts and needs of mankind. It is not like the man-made (of modified) religions which set unnatural constraints on people whether self-inflicted prohibition of marriage (nuns and monks, etc.), prohibition of divorce or monogamy. Men are inclined toward women and women are inclined toward men. Marriage is the institution which fulfills this desire and channels it in ways pleasing to Allah Most High. Allah mentions this attraction:

{Zuyyina li an-naasi hubbu ash-shahawaati min an-nisaa'i wa al-baneen...}

{The love of the desires for women, sons, ... has been made attractive to people.} Aal-'Imraan:14

The Messenger of Allah himself made clear that the attraction between the sexes is something natural and not something to be denied or suppressed - only channelled in the ways pleasing to Allah Most High, saying:

"Hubbiba ilayya min dunyaakum an-nisaa'u wa at-teebu wa ju'ilat qurratu 'ainiy fiy as-salat."
"Women and perfume have been made beloved to me of this world of yours and my peace of mind is in the prayer." (Ahmad & others - sahih)

The desire of men and women for each other is an urge which needs to be fulfilled. If it is left unfulfilled, it will be a source of discord and disruption in society. For this reason, the Prophet (sas) ordered all men who are capable of meeting the responsibilities of marriage to do it:

"Man kana minkum dhaa tawlin, falyatazawwaj fa innahu aghadhdh lilbasari wa ahsanu lilfarji wa man laa fa as-saumu lahu wijaa."
"Whichever of you is capable should marry for it will aid him in lowering his gaze and guarding his body (from sin). As for the one who is not capable, fasting is his protection." (An-Nasaa'i - sahih)

The Ruling Concerning Marriage

Different Rulings for Different Cases?

What is the status of marriage in the Shari'a? Is it obligatory or merely allowed? Some of the Hanafi scholars have broken this question down into different cases:

1. If a person feels certain that he will commit something forbidden if he does not marry and he has the financial ability to marry, then marriage is in his case fardh (the highest level of the obligatory in Hanafi terminology).
2. If a person has the ability to marry and treat his wife properly and fears (strong probability) that he will engage in unlawful acts if he doesn't, then marriage in his case is wajib (obligatory).
3. If a person does not have the financial or physical means to marry or feels certain that he will not treat his wife properly then marriage in his case is haram (forbidden).
4. If a person has the means to marry, but feels strongly that he will not treat his wife properly, marriage in his case is makrooh (disliked).
5. If a person has the means to marry and has no fear of mistreating his wife or of committing the unlawful if he doesn't marry, then marriage in his case is mustahabb (preferred).

This last opinion is widely regarded as the "default" (al-asl) ruling in this question i.e., marriage, generally speaking is the preferred but not obligatory way and only becomes obligatory, forbidden, etc. in the exceptional cases.

Since the man is normally the one who goes looking for a spouse and proposes to her family, etc., these discussions normally focus on him. Every point in the above discussion, however, applies to women equally as it does to men.

The Dhaahiri (Literalist) Opinion

In the Literalist school of thought, marriage is considered fardh 'ain - an absolute and individual obligation. Among the evidence they cite are the following verse from the Qur'an and hadith of the Prophet (sas):

{Wa ankihoo al-ayaamaa minkum wa as-saliheena min 'ibaadikum wa imaa'ikum in yakunoo fuqara'a yughnihimu Allahu min fadhlihi wa Allahu wasi'un 'aleem (22) Wa lyasta'fif illadhina laa yajiduna nikahan hatta yughniahumu Alahu min fadhlihi}

{And marry off the single among you and among the righteous of your male and female slaves. If they are poor then Allah will supply their needs from His generosity. And Allah is expansive, knowing. (22) And let those who do not find marriage hold back until Allah grants them of His generosity.} An-Noor:32-33

The following hadith of the Prophet (sas) seems to be a blanket "order" to all those with the capability to get married:

"Yaa ma'shara ash-shabaab man istataa'a minkum al-ba'a falyatazawwaj."
"O young men, whoever among you has the ability, let him marry." Bukhari & Muslim

Conclusion Concerning the Ruling of Marriage

The opinion that marriage is - overall - preferred (mustahabb) seems to be the strongest opinion. Ibn Uthaimeen further points out that if a person desires to be married, it becomes even more important. He said: "Marriage in the case of desire for such is preferred over superogatory acts of worship, due to the many good results and praiseworthy effects it has."

Also, it is clear that there is a collective obligation (fardh kifaya) on the Ummah as a whole to promote, defend and facilitate the institution of marriage. If marriage suffers from neglect or, for example, unreasonably high dowries which force people to postpone marriage too long, it is a collective obligation on the Ummah to come to its aid and to ensure that as many people as possible live within the context of a marriage. Also, if a the Muslims come to have too many single women because of the abandonment of polygamy, it become a collective obligation on the Muslims to address and correct this situation. This is all clearly based on the command of Allah in the verse previously cited which starts out:

{And marry off the single among you...}

Review Questions

1. True or False: Marriage is the sunnah of the Messengers of Allah and everyone must get married.

2. What is the ruling of marriage according to the Literalist school of thought? What is their evidence?

3. Give a Shari'a definition of marriage.

4. What are some of the main goals and purposes of marriage in Islam?

5. Under what circumstances could marriage be considered forbidden for a specific individual?

6. Under what circumstances could marriage be considered obligatory for a specific individual?

Fiqh of Marriage

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Introduction to the Fiqh of Marriage

In this Chapter:

The relationship between the spouses in the Qur'an

The importance of marriage

The importance of studying the fiqh of marriage

The importance of having a pious spouse

The importance of beginning and continuing a marriage in the best way according to the Shari'a

The Etiquettes Of Marriage And Wedding

Sheikh Muhammad Naasirudden al-Albaani

1. The Author's Introduction
2. Kindness toward your wife when you wish to enter into her
3. Placing your hands on your wife's head and praying for her

The Etiquettes Of Marriage And Wedding

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Wedding Feasts can be give with Other than Meat

It is allowed to give the wedding banquet with any food which is available and affordable, even if that does not include meat. This is based on the following hadith narrated by Anas: "The Prophet stayed between Khaibar and al-Madeenah for three days during which he had entered with his wife Safiya . Then I invited the Muslims to his Wedding feast. There was neither meat nor bread at his feast. Rather, leather eating mats were brought out and on them were placed dates, dried milk, and clarified butter. The people ate their fill." [Al-Bukhaaree, Muslim and others].

The Etiquettes Of Marriage And Wedding

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The Sunnah of the Wedding Feast

The following should be observed with regard to the wedding banquet:

First: It should be held ('aqb - Fathul Baaree: 9/242-244) three days after the first wedding night, since this is the tradition of the Prophet which has reached us. On the authority of Anas who said: "The Prophet entered upon his wife and sent me to invite some men for food." [al-Bukhaaree and al-Baihaqi]. Also on the authority of Anas, he said: "The Prophet married Safiya, and her freedom was her dowry. He gave the feast for three days." [Abu Ya'laa and others: Hasan].

Second: One should invite the righteous to his banquet whether they be rich or poor. The Prophet said: "Do not be the friend of any except believers, and have only the pious eat your food." [Abu Dawood, at-Tirmidhee and others: Saheeh].

Third: If one is able, he should have a feast of one or more sheep. Based on the following hadith, Anas said: "Abdur-Rahmaan came to al-Madeenah, and the Prophet assigned Sa'ad ibn Ar-Rabee' al-Ansaariy as his brother. Sa'ad took him to his house, called for food, and they both ate. The Sa'ad said: "O my brother, I am the wealthiest of the people of al-Madeenah (in another version: "... of the Ansaar"), so look to half of my property and take it (in another version: "... and I will divide my garden in half"). Also, I have two wives (and you, my brother in Allaah, have no wife), so look to which of mine pleases you more, so I can divorce her for you. Then upon the completion of the prescribed waiting period, you may marry her." 'Abdur-Rahmaan said: "No, by Allaah, may Allah bless you in your family and your property. Show me the way to the market-place."And so they showed him the way to the market-place and he went there. He bought and he sold and he made a profit. In the evening , he came back to the people of his house with some dried milk for cooking and some ghee. After that some time elapsed, until he appeared one day with traces of saffron on his garments. The Prophet said to him: "What is this?" He said: "O Messenger of Allaah, I have married a woman among the Ansaar." The Prophet answered: "What did you give her for her dowry?" He answered: "The weight of five dirhams in gold." Then, the Prophet said: "May Allaah bless you, give a feast if only with one sheep." 'Abdur-Rahmaan said: "I have seen myself in such a state that if I were to lift a stone, I would expect to find some gold or silver under it." Anas said: "I saw after his death that each of his wives inherited one hundred thousand Dinars." [Al-Bukhaaree, an-Nasaa'ee and others].

Also on the authority of Anas he said: "I never saw the Prophet sponsor such a wedding feast as the one he gave for Zainab. He slaughtered a sheep and fed everyone meat and bread until they ate no more." [Al-Bukhaaree, Muslim and others].