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Marriage in Islam

July 05, 2023

"Nikah" and "Nikaah" redirect here. For the films, see Nikah (film) and Nikaah (film).

In Islam, nikah (Arabic: نِكَاح nikāḥ) is a contract between two people. Both the groom and the bride are to consent to the marriage of their own free wills. A formal, binding contract – verbal or on paper[1] – is considered integral to a religiously valid Islamic marriage, and outlines the rights and responsibilities of the groom and bride. Divorce in Islam can take a variety of forms, some executed by a husband personally and some executed by a religious court on behalf of a plaintiff wife who is successful in her legal divorce petition for valid cause. Islamic marital jurisprudence allows Muslim men to be married to multiple women (a practice known as polygyny).

Nikah process. The scene is set outside the Kilic Ali Pasha Mosque. (Turkey, 1837)
A Pakistani bride signing a marriage certificate

In addition to the usual marriage until death or divorce, there is a different fixed-term marriage known as zawāj al-mut'ah ("temporary marriage")[2]: 1045  permitted only by the Twelver branch of Shi'ite for a pre-fixed period.[3][4]: 242 [5] There is also Nikah Misyar, a non-temporary marriage with the removal of some conditions such as living together, permitted by some Sunni scholars.[6][7][8]

Terminology

In Islamic law, marriage – or more specifically, the marriage contract – is called nikah, which already in the Quran is used exclusively to refer to the contract of marriage.[9][10][11] In the Hans Wehr Dictionary of Modern Written Arabic, nikah is defined as "marriage; marriage contract; matrimony, wedlock".[12] (In some marriages in some predominantly Muslim cultures such as in Pakistani culture, there may be a delay between the nikkah and the actual enjoinment of the couple. This is called rukhsati in desi culture— i.e. when the wife leaves her family's home to move in with her husband, having been assured that her husband has obtained a good job and home and has received her mahr. This should not be confused with Islamic tradition though, as it is a distinctly cultural practice).[13]

In Arabic-speaking countries, marriage is commonly called zawāj (Arabic: زواج, from the Quranic term zawj (Arabic: زوج), referring to a member of a pair), and this term has recently gained currency among Muslim speakers of other languages as well. The marriage contract is known by different names: Literary Arabic: عقد القران ʿaqd al-qirān, "matrimony contract"; Urdu: نکاح نامہ / ALA-LC: Nikāḥ-nāmah; Bengali: আকদ, romanized: akd; Persian: ازدواج ezdevāj "marriage" and سند ازدواج or عقدنامه (sǎnǎde ezdevāj, aqd nāmeh) for the certificate. The marriage celebration may be called ʿurs / zawāj (Arabic: زواج / عرس), ezdewaj/arusi (Persian), shaadi (Urdu), biye/biya (Bengali) or düğün (Turkish).[11]

History

Main article: Marriage in pre-Islamic Arabia

In Arabia before the advent of Islam in the 7th century CE, a variety of different marriage practices existed. The most common and recognized types of marriage at this time consisted of: marriage by agreement, marriage by capture, marriage by mahr, marriage by inheritance, and "Mot'a" or temporary marriage.[14] In Mesopotamia, marriages were generally monogamous, except among royalty, who would have harems consisting of wives and concubines. The Sasanian society followed Zoroastrianism, which viewed women to be possessions in marriage, although consent was required in both marriage and divorce.[15]

According to Islamic sources, most women in the pre-7th century Arabia had little control over their marriages. They were rarely bound by contract for marriage or custody of children and their consent was rarely sought. Women were seldom allowed to divorce their husbands and their view was not regarded for either a marriage or divorce.[16][additional citation(s) needed] However, in the transitional age from non-Islamic to Islamic society, elite women could divorce and remarry without stigma. They were given the power to negotiate the terms of their marriage contract, and could even initiate divorce.[15]

Reforms with Islam

See also: Islamic marital jurisprudence

Muhammad had reformed the laws and procedures of the common marriage practices that existed during his prophethood. The rules of "marriage by agreement (marriage through consent)" were reformed and a strict set of rules and regulations were put in place. The practice of "marriage by inheritance" was forbidden. Several chapters and verses from the Quran were revealed which banned such practices.[17]

Under the Arabian Jahiliyyah law, Islamic sources allege that no limitations were set on men's rights to marry or to obtain a divorce.[18][page needed] Islamic law limited men to four wives at one time, not including concubines. (Quran 4:3) [19][20] The institution of marriage was refined into one in which the woman was somewhat of an interested partner. 'For example, the dowry, previously regarded as a bride-price paid to the father, became a nuptial gift retained by the wife as part of her personal property'[18][20] Under Islamic law, marriage was no longer viewed as a "status" but rather as a "contract". The essential elements of the marriage contract were now an offer by the man, an acceptance by the woman, and the performance of such conditions as the payment of dowry. The woman's consent, given either actively or by silence, was required. Furthermore, the offer and acceptance had to be made in the presence of at least two witnesses.[18][20][21]

Encouragement

As in many religions, marriage is encouraged in Islam, family life is considered a "blessing" and a source of stability.[22] One source lists five Quranic verses (Q.24:32, 25:74, 40:8, 30:21, 5:5) encouraging marriage to "discourage immorality".[23][24] A BBC page for GCSE WJEC (secondary education) religious studies states, "For Muslims, marriage was created by Allah to provide a foundation for family life and the whole of society."[22]

Conditions

 
Picture of a wedding proposal reception in Indonesia held by a high-ranking family at Patchwork Island
 
A Bengali groom during his wedding.

Islamic marriages require acceptance (قُبُوْل, qubūl), of the groom, the bride[25][26] and the consent of the custodian (walī) of the bride. The wali of the bride is normally a male relative of the bride, preferably her father. The wali can only be a free Muslim, unless the bride is of the Christian or Jewish faith; in such cases the bride should be given away by someone from her religious background.[27] The bride is normally present at the signing of the marriage contract.

The walī mujbir (وَلِي مُجْبِر) is a technical term of Islamic law which denotes the guardian of a bride. In traditional Islam, the literal definition of walī, which means "custodian" or "protector", is used. In this context, it is meant that the silence of the bride is considered consent. In most schools of Islamic law, only the father or the paternal grandfather of the bride can be walī mujbir.[27]

If the conditions are met and a mahr and contract are agreed upon, an Islamic marriage ceremony, or wedding, can take place. The marital contract is also often signed by the bride. The consent of the bride is mandatory. The Islamic marriage is then declared publicly, in iʿlān (Arabic: إِعْلَان), by a responsible person after delivering a sermon to counsel and guide the couple. It is not required, though customary, that the person marrying the couple should be religiously well-founded in knowledge. The bridegroom can deliver the sermon himself in the presence of representatives of both sides if he is religiously educated, as the story goes about Imam Muhammad bin Ali around 829 AD. It is typically followed by a celebratory reception in line with the couple's or local customs, which could either last a couple of hours or precede the wedding and conclude several days after the ceremony.

Quran 24:33 tells believers to keep their chastity if they do not marry.[28][29] Quran 24:32 asserts that marriage is a legitimate way to satisfy one's sexual desire.[30] Islam recognizes the value of sex and companionship and advocates marriage as the foundation for families and channeling the fulfillment of a base need. Marriage is highly valued and regarded as being half of one's faith, according to a saying of Muhammad. Whether marriage is obligatory or merely allowed has been explored by several scholars, and agreed that "If a person has the means to marry and has no fear of mistreating his wife or of committing the unlawful if he does marry, then marriage in his case is mustahabb (preferred)."[31]

Prerequisites

See also: Mahr

There are several conditions for an Islamic marriage to take place:

  • A marriage should be conducted through a contract and a mandatory sum of wealth provided to the bride, which here refers to the mahr. 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 unless he and his bride can mutually agree to delay the time of some of its payment. In 2003, Rubya Mehdi published an article in which the culture of mahr among Muslims was thoroughly reviewed. There is no concept of dowry[32] as such in Islam. A dowry as such is a payment to the groom from the bride's family and is not an Islamic custom. Bride prices are also expressly prohibited.
  • Another requisite of marriage is chastity. No fornicator has the right to marry a chaste partner except if the two purify themselves of this sin by sincere repentance.[33][34]
  • Marriage is permitted for a man with a chaste woman either Muslim or from the People of the Book (Arabic Ahl al Kitab, Jews, Sabians and Christians) but not to polytheists (or "idolaters": Yusuf Ali translation or "idolatresses": Pickthall translation). For women, marriage to People of the Book is not explicitly stated as permissible.[35][36]
  • Spoken consent of the woman is only required if she is not a virgin and her walī is neither her father nor her paternal grandfather. But a virgin may not be married off without her permission. If she is too shy to express her opinion her silence will be considered as implicit agreement [Al Bukhari:6968].[37][38][39] Binti Khudham says that when she became a widow her father solemnized her marriage. She did not like the decision so she went to Muhammad, who gave her permission to revoke her marriage.[40] Hence, forced marriages are against Islamic teachings, and those forced into marriages before they have come of age have the right to contest them once they do.[41]
  • The importance of the wali is debated between the different schools of thought. To the Hanafi Sunnis, a male guardian is not required for the bride to become married, even if it is her first marriage. Therefore, the marriage contract is signed between the bride and the groom, not the groom and the wali. To the Hanbali, Shafi'i, and Maliki Sunni schools, a walī is required in order for a virginal woman to marry. In these schools, if a woman has been divorced, she becomes her own guardian and does not need a walī to sign a marriage contract.[42]

Rights and obligations of spouses

See also: Islamic marriage contract

According to Islam, both men and women have rights over each other when they enter into a marriage contract,[43] with the husband serving as protector and supporter of the family most of the time, from his means.[Quran 4:34] This guardianship has two aspects for both partners:

  • According to one interpretation, the husband must be financially responsible for the welfare and maintenance of his wife or wives and any children they produce, to include at a minimum, providing a home, food, and clothing. In return, it is the duty of the wife[44] to safeguard the husband's possessions and protect how wealth is spent. 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 right, so the husband has no right for her property and assets except by her wishes. A pre-marital agreement of the financial expectation from the husband is in the mahr, given by him to the wife for her exclusive use, which is included as part of his financial responsibility.

Several commentators have stated that the superiority of a husband over his wife is relative, and the obedience of the wife is also restrictive.[45]

Women are also reminded that in case the husband is not fulfilling his responsibilities, there is no stigma on them in seeking divorce.[Quran 4:128] The Quran re-emphasizes that justice for the woman includes emotional support, and reminds men that there can be no taking back of the mahr or bridal gifts given to women unless they are found guilty of sexual immorality [Quran 4:19]. In cases where the agreement was to postpone payment of the mahr, some husbands will pressure their wives and insist on the return of what he gave her in order to agree to the dissolution of the marriage. "Where the husband has been abusive or neglectful of his responsibilities, he does not have the right to take his wife's property in exchange for her freedom from him. Unfortunately, most couples refuse to go to the judge and binding arbitration for these issues even though the Quran says:

" And if you fear a breach between them, then appoint an arbiter from his folk and an arbiter from her folk. If they (the arbiters) desire reconciliation, Allah will affect it between them. Surely, Allah is All-Knowing, All-Aware." [Quran 4:35]

Mahr, dowry and gifts

Main article: Mahr

Mahr (donatio propter nuptias)[46] differs from a marriage dowry or gift, in that it is mandatory for a Muslim marriage and is paid by the groom to the bride. The amount of money or possessions of the mahr is paid by the groom to the bride at the time of marriage for her exclusive use.[47] If the marriage contract fails to contain an exact, specified mahr, the husband must still pay the wife a judicially determined sum.[48]

Marriage contracts and forced/un-consented marriages

The marriage contract is concluded between the wali (guardian) of the bride and the bridegroom and bride. The wali of the bride can only be a free Muslim. The wali of the bride is normally a male relative of the bride, preferably her father. According to most scholars, if the bride is a virgin, the wali mujbir can not force the bride into the marriage against her proclaimed will. Furthermore, according to Khomeini[49] and Ali al-Sistani,[50] both of whom are Shi'ite scholars (having the degrees mujtahid and marja'), and also almost all contemporary scholars, the marriage is invalid without the bride's free consent and no obligation can make marriage official and legal.[51]

A notable example of this is the Hanafi school (the largest of the four classical schools of Islamic thought), which holds that a bride's permission is required if she has reached puberty. They also hold that if a bride was forced into marriage before reaching puberty, then upon attaining puberty she has the option to nullify the marriage if she wishes. A wali other than the father or the paternal grandfather of the bride, then called wali mukhtar, needs the consent of the bride. If the bride is silent about the issue, i.e. her wali expressed his intention to marry her off to a certain man, and she did not object to it, then consent is assumed via her lack of objection.[52]

International human rights responses

Further information: Child marriage § International initiatives to prevent child marriage

Children in some[which?] Muslim sub-cultures who defy their parents' wishes may in practice, suffer penalties supported by the community. International awareness, campaigns and organizations such as the U.K.'s Forced Marriage Unit have recognized the severity of this human rights issue and their rescue and support services extend beyond the borders of U.K. territories. Some countries have instituted prison time for parents who try to coerce their children into such unions.[53]

Divorce

Main article: Divorce in Islam

Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife. The theory and practice of divorce in the Islamic world have varied according to time and place.[54] Historically, the rules of divorce were governed by the Sharia, as interpreted by traditional Islamic jurisprudence, and they differed depending on the legal school.[55] Historical practice sometimes diverged from legal theory.[55] In modern times, as personal status (family) laws were codified, they generally remained "within the orbit of Islamic law", but control over the norms of divorce shifted from traditional jurists to the state.[54]

Hanafi/Ottoman rules on divorce were fragile and complex. The husband in repudiating his wife could declare an irrevocable or revocable divorce. The irrevocable divorce was immediate and the women could not be remarried until after a specific waiting period. An example of a waiting period would be having to wait for three menstrual circles from the time of the divorce. Or, if the husband died, the woman must wait four months and ten days after his death. If the woman was pregnant, she must wait until after the child is born. If the divorce was revocable, the divorce is not final until after the waiting period. However, they could remarry if it was a revocable divorce. Many couples did get remarried after a revocable divorce.

The women's ability to divorce was much different and much more limited. If the woman finds out the husband has some disease or is impotent, the judge gives the husband a year to consummate the marriage before divorce is allowed. Also, the women can divorce by using the "option of puberty" in which the women would have to provide witnesses of the menstrual blood. Finally, a woman could use the "hul", which is a Turkish word, for divorce. This is when the woman asks the husband for a divorce and he repudiates her for consideration. After that, essentially it is trading property for the person.[56]

The Qur'an encourages cooperation in marriage, this is done by giving specific rules to follow. One verse says "Consort with them honorably; or if you are averse to them, it is possible you may be averse to a thing, and God set in it much good".[57] Divorce could lead to women losing their morality or purity if certain values were not followed correctly. The Qur'an exemplifies that divorce is not meant to be the man getting back at the woman. It is to allow the man and the women to peacefully spit up for the good of each other. They also allow for multiple remarriages between the same couple. The couple can divorce and get back together up to two times but after the second remarriage, the divorce is final and there are not more remarriages allowed.

To revisit the rights of divorcing and who has them and does not have them, the reason the man typically gets the right to divorce is that his judgment is thought to be more balanced than the woman. Again, the only reason the woman can ask for a divorce is if there is something significantly wrong with the man. Divorce was supposed to be reserved for last case scenarios and not something that was used for harm. The Qur'an says "Divorce must be pronounced twice and then (a woman) must be retained in honor or released in kindness",[57] which exemplifies that it was supposed to be honorable for both man and woman if it needed to be done. It was not taken lightly and it was a big decision on both party's part.

Prohibited marriages

 
A Pakistani-American bride signing the nikah nama (marriage certificate)

In certain sections of the Jahiliyyah Arab tradition, the son could inherit his deceased father's other wives (i.e. not his own mother) as a wife. The Quran prohibited this practice. Marriage between people related in some way is subject to prohibitions based on three kinds of relationship.[58] The following prohibitions are given from the male perspective for brevity; the analogous counterparts apply from the female perspective; e.g., for "aunt" read "uncle". The Quran states:

O ye who believe! It is not lawful for you to inherit women forcefully. And do not marry women to whom your father has ever married except what has passed. Indeed it was lewdness, disbelief, and a bad way. Prohibited to you are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, brother's daughters, sister's daughters, your mothers that are those who suckled you, your sisters from suckling, mothers of your women, your step-daughters in your guardianship from your women you have entered upon but if you have not entered upon them then there is no blame on you, women of your sons from your loins, and that addition of two sisters (in wedlock) except what has passed. Surely God is Forgiving, Merciful.

— Al-Quran, 4:19–23[59]

Prohibitions based on consanguinity

See also: Cousin marriage in the Middle East

Seven relations are prohibited because of consanguinity, 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. The word "mother" also connotes the "father's mother" and "mother's mother" all the way up. Likewise, the word "daughter" also includes the "son's daughter" and "daughter's daughter" all the way down. The sister of the maternal grandfather and of the paternal grandmother (great aunts) are also included on an equal basis in the application of the directive.[60]

Prohibitions based on suckling

Main article: Rada (fiqh)

Marriage to what is sometimes described as foster relations in English are not permitted, although the concept of "fosterage" is not the same as is implied by the English word. The relationship is that formed by suckling from the breast of a wet nurse. This is what is meant by "fosterage" in Islam in the quotation below. In Islam, the infant is regarded as having the same degree of affinity to the wet nurse as in consanguinity, so when the child grows up marriage is prohibited to those related to the wet nurse by the same degree as if to the child's own mother.

A hadith (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.[61][62][63][64] Islahi 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".[65]

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 daughters of the wife's siblings (nieces), the maternal and paternal aunts of the wife are all prohibited for the husband. However, these are conditional prohibitions:

  1. Only the daughter of that wife is prohibited with whom one has had conjugal contact.
  2. Only the daughter-in-law of a real son is prohibited.
  3. 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.[66]

Prohibition based on religion

Main article: Interfaith marriage in Islam

The Quran states:

Do not marry polytheist woman until she believes; a slave believing woman is better than polytheist women though she allures you; Do not marry (your girls) to polytheist man until he believes: A man slave who believes is better than a polytheist man, even though he allures you. They do (but) beckon you to the Fire. But God beckons by His Grace to the Garden (of bliss) and forgiveness, and makes His Signs clear to mankind: so that they may understand.

— Quran 2:221[67]

O ye who believe! When there come to you believing women refugees, examine (and test) them: God knows best as to their Faith: if ye ascertain that they are Believers, then send them not back to the Unbelievers. They are not lawful wives for the Unbelievers, nor are the Unbelievers lawful husbands for them.

— Quran 60:10[68]

Interfaith marriages are recognized between Muslims and Non-Muslim People of the Book (usually enumerated as Jews, Christians, and Sabians).[69] Historically, in Islamic culture and traditional Islamic law Muslim women have been forbidden from marrying Christian or Jewish men, whereas Muslim men have been permitted to marry Christian or Jewish women.[70][71] It is lawful for Muslim men to marry Jewish or Christian women but not a polytheist woman (Quran 5:5).[72]

Prohibited marriage partners

  • Marriage between a man and his sister, half-sister, foster sister, mother, stepmother, foster mother, wife's mother, aunt, grandmother, great aunt, great-grandmother, etc.
  • Marriage between a woman and her father, stepfather, husband's biological father, uncle, grandfather, great uncle, great-grandfather, etc.
  • Marriage of a man with women who are sisters or stepsisters or foster sisters of each other (except if marrying one who was separated from her husband by divorce or death)
  • Marriage of a man with women who are sisters or stepsisters of his mother or father.[citation needed]

Polygamy

According to the Sharia (Law), Muslims are allowed to practice polygyny. According to the Quran, a man may have up to four legal wives only if there is a fear of being unjust to non-married orphan girls. Even then, the husband is required to treat all wives equally. If a man fears that he will not be able to meet these conditions then he is not allowed more than one wife.

If he fears that he shall not be able to deal justly with the orphans, marry women of your choice, two, or three, or four; but if he fear that he shall not be able to deal justly (with them), then only one, or that which your right hands possess. That will be more suitable, to prevent you from doing injustice.

— Qur'an 4:3[73] Yusuf Ali's translation

A bride-to-be may include terms in her marriage contract that require monogamy for her husband or require her consent before he marries another wife.[74]

Sororal polygyny

Sororal polygyny is forbidden. A man cannot marry:

  • two sisters
  • a woman and a descendant of her sibling
  • a woman and sibling of her ancestor[75]

Iddah

Main article: Iddah

A woman cannot marry after divorce or the death of her husband for a certain period. This period is known as iddah.

  • A divorcee cannot marry for three menstrual cycles after divorce
  • A divorcee who has no courses cannot marry for three months
  • A pregnant woman cannot marry until she gives birth
  • A widow cannot remarry for four lunar months and ten days[citation needed]

Modern implementations

In today's world, Muslims practice Islamic marital laws in a multitude of ways all over the globe. In the United States, for example, 95% of Muslim American couples included in a 2012 study by the Institute for Social Policy and Understanding had completed both the Nikkah and had obtained a civil marriage license, which is required to have a marriage legally recognized in the United States.[76] The study also shares that “In some cases, the Islamic marriage contract is completed once the couple has decided to get married, but cohabitation occurs later after the wedding reception. In other cases, the Islamic marriage contract is completed simultaneously with the civil marriage and is followed immediately by the wedding reception.”[77]

There is ongoing debate about whether or not Sharia should be recognized in western countries like the United States and Australia that would allow for the Nikkah to be recognized as a legally valid marriage.[78][79] There are also other elements to the Islamic marriage rituals that have difficulty being acknowledged in courts, according to the study, including the Mahr, or the dowry. Women who are denied their dowry do not have a clear path to legal contestation in either the US or Canada.[76]

Studies have also shown that even young Muslim Americans who might describe themselves as "not very religious" embrace the rituals of their faith at important moments of transition – birth, death, and marriage. These occasions motivate reaffirmation of emotional and behavioral touchstones, even for those who do not practice their faith by attending mosque, praying or fasting regularly.[80]

When it comes to divorce, the 2014 study conducted by the Institute for Social Policy and Understanding states that, "Two divorce rates commonly cited for American Muslims include 32.33% and 21.3%, respectively."[81] Within the United States and Canada, many Muslim couples interviewed in the study mention that they value a religious divorce and its proceedings.[82] Some turn to religious figures to help them navigate the divorce process, while many still go through the courts to terminate the civil marriage.[82] Divorced Muslim women today also face the stigmas associated with being divorced within the North American Muslim community that can make it difficult for them seek remarriage.[83]

Gender roles and ideas about marriage have also shifted since the early onset of Islam when many of the rules around marriage were established. ISPU reports that "the most frequent source of marital conflict in this study was conflict over changing gender roles and expectations,"[84] citing a nation-wide increase in women in higher education and professional jobs over the past three decades, and says that they “In many cases are trying to integrate childrearing and family life with professional goals”.[84]

In March 2017, Salamet Memetimin, an ethnic Uyghur and the Communist Party secretary for Chaka township's Bekchan village in Qira County, Hotan Prefecture, Xinjiang, China, was relieved of her duties for taking her nikah marriage vows at her home.[85] In interviews with Radio Free Asia in 2020, residents and officials of Shufu County (Kona Sheher), Kashgar Prefecture (Kashi) stated that it was no longer possible to perform traditional Uyghur nikah marriage rites in the country.[86]

See also

References

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Further reading

 
Wikimedia Commons has media related to Muslim weddings.
 
Wikiquote has quotations related to Marriage in Islam.
 
Look up nikah in Wiktionary, the free dictionary.
  • Chapman, Aliya R.; Cattaneo, Lauren Bennett (2013). "American Muslim Marital Quality: A Preliminary Investigation". Journal of Muslim Mental Health. University of Michigan. 7 (2). doi:10.3998/jmmh.10381607.0007.201.
  • Pirzada, Hafsa. Islam, Culture, and Marriage Consent: Hanafi Jurisprudence and the Pashtun Context. Switzerland, Springer International Publishing AG, 2022.

July 05, 2023
marriage, islam, nikah, nikaah, redirect, here, films, nikah, film, nikaah, film, islam, nikah, arabic, اح, nikāḥ, contract, between, people, both, groom, bride, consent, marriage, their, free, wills, formal, binding, contract, verbal, paper, considered, integ. Nikah and Nikaah redirect here For the films see Nikah film and Nikaah film In Islam nikah Arabic ن ك اح nikaḥ is a contract between two people Both the groom and the bride are to consent to the marriage of their own free wills A formal binding contract verbal or on paper 1 is considered integral to a religiously valid Islamic marriage and outlines the rights and responsibilities of the groom and bride Divorce in Islam can take a variety of forms some executed by a husband personally and some executed by a religious court on behalf of a plaintiff wife who is successful in her legal divorce petition for valid cause Islamic marital jurisprudence allows Muslim men to be married to multiple women a practice known as polygyny Nikah process The scene is set outside the Kilic Ali Pasha Mosque Turkey 1837 A Pakistani bride signing a marriage certificate In addition to the usual marriage until death or divorce there is a different fixed term marriage known as zawaj al mut ah temporary marriage 2 1045 permitted only by the Twelver branch of Shi ite for a pre fixed period 3 4 242 5 There is also Nikah Misyar a non temporary marriage with the removal of some conditions such as living together permitted by some Sunni scholars 6 7 8 Contents 1 Terminology 2 History 3 Reforms with Islam 4 Encouragement 5 Conditions 5 1 Prerequisites 5 2 Rights and obligations of spouses 5 3 Mahr dowry and gifts 6 Marriage contracts and forced un consented marriages 6 1 International human rights responses 7 Divorce 8 Prohibited marriages 8 1 Prohibitions based on consanguinity 8 2 Prohibitions based on suckling 8 3 Prohibitions based on marriage 8 4 Prohibition based on religion 8 5 Prohibited marriage partners 9 Polygamy 9 1 Sororal polygyny 10 Iddah 11 Modern implementations 12 See also 13 References 14 Further readingTerminology EditIn Islamic law marriage or more specifically the marriage contract is called nikah which already in the Quran is used exclusively to refer to the contract of marriage 9 10 11 In the Hans Wehr Dictionary of Modern Written Arabic nikah is defined as marriage marriage contract matrimony wedlock 12 In some marriages in some predominantly Muslim cultures such as in Pakistani culture there may be a delay between the nikkah and the actual enjoinment of the couple This is called rukhsati in desi culture i e when the wife leaves her family s home to move in with her husband having been assured that her husband has obtained a good job and home and has received her mahr This should not be confused with Islamic tradition though as it is a distinctly cultural practice 13 In Arabic speaking countries marriage is commonly called zawaj Arabic زواج from the Quranic term zawj Arabic زوج referring to a member of a pair and this term has recently gained currency among Muslim speakers of other languages as well The marriage contract is known by different names Literary Arabic عقد القران ʿaqd al qiran matrimony contract Urdu نکاح نامہ ALA LC Nikaḥ namah Bengali আকদ romanized akd Persian ازدواج ezdevaj marriage and سند ازدواج or عقدنامه sǎnǎde ezdevaj aqd nameh for the certificate The marriage celebration may be called ʿurs zawaj Arabic زواج عرس ezdewaj arusi Persian shaadi Urdu biye biya Bengali or dugun Turkish 11 History EditMain article Marriage in pre Islamic Arabia In Arabia before the advent of Islam in the 7th century CE a variety of different marriage practices existed The most common and recognized types of marriage at this time consisted of marriage by agreement marriage by capture marriage by mahr marriage by inheritance and Mot a or temporary marriage 14 In Mesopotamia marriages were generally monogamous except among royalty who would have harems consisting of wives and concubines The Sasanian society followed Zoroastrianism which viewed women to be possessions in marriage although consent was required in both marriage and divorce 15 According to Islamic sources most women in the pre 7th century Arabia had little control over their marriages They were rarely bound by contract for marriage or custody of children and their consent was rarely sought Women were seldom allowed to divorce their husbands and their view was not regarded for either a marriage or divorce 16 additional citation s needed However in the transitional age from non Islamic to Islamic society elite women could divorce and remarry without stigma They were given the power to negotiate the terms of their marriage contract and could even initiate divorce 15 Reforms with Islam EditSee also Islamic marital jurisprudence Muhammad had reformed the laws and procedures of the common marriage practices that existed during his prophethood The rules of marriage by agreement marriage through consent were reformed and a strict set of rules and regulations were put in place The practice of marriage by inheritance was forbidden Several chapters and verses from the Quran were revealed which banned such practices 17 Under the Arabian Jahiliyyah law Islamic sources allege that no limitations were set on men s rights to marry or to obtain a divorce 18 page needed Islamic law limited men to four wives at one time not including concubines Quran 4 3 19 20 The institution of marriage was refined into one in which the woman was somewhat of an interested partner For example the dowry previously regarded as a bride price paid to the father became a nuptial gift retained by the wife as part of her personal property 18 20 Under Islamic law marriage was no longer viewed as a status but rather as a contract The essential elements of the marriage contract were now an offer by the man an acceptance by the woman and the performance of such conditions as the payment of dowry The woman s consent given either actively or by silence was required Furthermore the offer and acceptance had to be made in the presence of at least two witnesses 18 20 21 Encouragement EditAs in many religions marriage is encouraged in Islam family life is considered a blessing and a source of stability 22 One source lists five Quranic verses Q 24 32 25 74 40 8 30 21 5 5 encouraging marriage to discourage immorality 23 24 A BBC page for GCSE WJEC secondary education religious studies states For Muslims marriage was created by Allah to provide a foundation for family life and the whole of society 22 Conditions Edit Picture of a wedding proposal reception in Indonesia held by a high ranking family at Patchwork Island A Bengali groom during his wedding Islamic marriages require acceptance ق ب و ل qubul of the groom the bride 25 26 and the consent of the custodian wali of the bride The wali of the bride is normally a male relative of the bride preferably her father The wali can only be a free Muslim unless the bride is of the Christian or Jewish faith in such cases the bride should be given away by someone from her religious background 27 The bride is normally present at the signing of the marriage contract The wali mujbir و ل ي م ج ب ر is a technical term of Islamic law which denotes the guardian of a bride In traditional Islam the literal definition of wali which means custodian or protector is used In this context it is meant that the silence of the bride is considered consent In most schools of Islamic law only the father or the paternal grandfather of the bride can be wali mujbir 27 If the conditions are met and a mahr and contract are agreed upon an Islamic marriage ceremony or wedding can take place The marital contract is also often signed by the bride The consent of the bride is mandatory The Islamic marriage is then declared publicly in iʿlan Arabic إ ع ل ان by a responsible person after delivering a sermon to counsel and guide the couple It is not required though customary that the person marrying the couple should be religiously well founded in knowledge The bridegroom can deliver the sermon himself in the presence of representatives of both sides if he is religiously educated as the story goes about Imam Muhammad bin Ali around 829 AD It is typically followed by a celebratory reception in line with the couple s or local customs which could either last a couple of hours or precede the wedding and conclude several days after the ceremony Quran 24 33 tells believers to keep their chastity if they do not marry 28 29 Quran 24 32 asserts that marriage is a legitimate way to satisfy one s sexual desire 30 Islam recognizes the value of sex and companionship and advocates marriage as the foundation for families and channeling the fulfillment of a base need Marriage is highly valued and regarded as being half of one s faith according to a saying of Muhammad Whether marriage is obligatory or merely allowed has been explored by several scholars and agreed that If a person has the means to marry and has no fear of mistreating his wife or of committing the unlawful if he does marry then marriage in his case is mustahabb preferred 31 Prerequisites Edit See also Mahr There are several conditions for an Islamic marriage to take place A marriage should be conducted through a contract and a mandatory sum of wealth provided to the bride which here refers to the mahr 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 unless he and his bride can mutually agree to delay the time of some of its payment In 2003 Rubya Mehdi published an article in which the culture of mahr among Muslims was thoroughly reviewed There is no concept of dowry 32 as such in Islam A dowry as such is a payment to the groom from the bride s family and is not an Islamic custom Bride prices are also expressly prohibited Another requisite of marriage is chastity No fornicator has the right to marry a chaste partner except if the two purify themselves of this sin by sincere repentance 33 34 Marriage is permitted for a man with a chaste woman either Muslim or from the People of the Book Arabic Ahl al Kitab Jews Sabians and Christians but not to polytheists or idolaters Yusuf Ali translation or idolatresses Pickthall translation For women marriage to People of the Book is not explicitly stated as permissible 35 36 Spoken consent of the woman is only required if she is not a virgin and her wali is neither her father nor her paternal grandfather But a virgin may not be married off without her permission If she is too shy to express her opinion her silence will be considered as implicit agreement Al Bukhari 6968 37 38 39 Binti Khudham says that when she became a widow her father solemnized her marriage She did not like the decision so she went to Muhammad who gave her permission to revoke her marriage 40 Hence forced marriages are against Islamic teachings and those forced into marriages before they have come of age have the right to contest them once they do 41 The importance of the wali is debated between the different schools of thought To the Hanafi Sunnis a male guardian is not required for the bride to become married even if it is her first marriage Therefore the marriage contract is signed between the bride and the groom not the groom and the wali To the Hanbali Shafi i and Maliki Sunni schools a wali is required in order for a virginal woman to marry In these schools if a woman has been divorced she becomes her own guardian and does not need a wali to sign a marriage contract 42 Rights and obligations of spouses Edit See also Islamic marriage contract According to Islam both men and women have rights over each other when they enter into a marriage contract 43 with the husband serving as protector and supporter of the family most of the time from his means Quran 4 34 This guardianship has two aspects for both partners According to one interpretation the husband must be financially responsible for the welfare and maintenance of his wife or wives and any children they produce to include at a minimum providing a home food and clothing In return it is the duty of the wife 44 to safeguard the husband s possessions and protect how wealth is spent 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 right so the husband has no right for her property and assets except by her wishes A pre marital agreement of the financial expectation from the husband is in the mahr given by him to the wife for her exclusive use which is included as part of his financial responsibility Several commentators have stated that the superiority of a husband over his wife is relative and the obedience of the wife is also restrictive 45 Women are also reminded that in case the husband is not fulfilling his responsibilities there is no stigma on them in seeking divorce Quran 4 128 The Quran re emphasizes that justice for the woman includes emotional support and reminds men that there can be no taking back of the mahr or bridal gifts given to women unless they are found guilty of sexual immorality Quran 4 19 In cases where the agreement was to postpone payment of the mahr some husbands will pressure their wives and insist on the return of what he gave her in order to agree to the dissolution of the marriage Where the husband has been abusive or neglectful of his responsibilities he does not have the right to take his wife s property in exchange for her freedom from him Unfortunately most couples refuse to go to the judge and binding arbitration for these issues even though the Quran says And if you fear a breach between them then appoint an arbiter from his folk and an arbiter from her folk If they the arbiters desire reconciliation Allah will affect it between them Surely Allah is All Knowing All Aware Quran 4 35 Mahr dowry and gifts Edit Main article Mahr Mahr donatio propter nuptias 46 differs from a marriage dowry or gift in that it is mandatory for a Muslim marriage and is paid by the groom to the bride The amount of money or possessions of the mahr is paid by the groom to the bride at the time of marriage for her exclusive use 47 If the marriage contract fails to contain an exact specified mahr the husband must still pay the wife a judicially determined sum 48 Marriage contracts and forced un consented marriages EditThe marriage contract is concluded between the wali guardian of the bride and the bridegroom and bride The wali of the bride can only be a free Muslim The wali of the bride is normally a male relative of the bride preferably her father According to most scholars if the bride is a virgin the wali mujbir can not force the bride into the marriage against her proclaimed will Furthermore according to Khomeini 49 and Ali al Sistani 50 both of whom are Shi ite scholars having the degrees mujtahid and marja and also almost all contemporary scholars the marriage is invalid without the bride s free consent and no obligation can make marriage official and legal 51 A notable example of this is the Hanafi school the largest of the four classical schools of Islamic thought which holds that a bride s permission is required if she has reached puberty They also hold that if a bride was forced into marriage before reaching puberty then upon attaining puberty she has the option to nullify the marriage if she wishes A wali other than the father or the paternal grandfather of the bride then called wali mukhtar needs the consent of the bride If the bride is silent about the issue i e her wali expressed his intention to marry her off to a certain man and she did not object to it then consent is assumed via her lack of objection 52 International human rights responses Edit Further information Child marriage International initiatives to prevent child marriage Children in some which Muslim sub cultures who defy their parents wishes may in practice suffer penalties supported by the community International awareness campaigns and organizations such as the U K s Forced Marriage Unit have recognized the severity of this human rights issue and their rescue and support services extend beyond the borders of U K territories Some countries have instituted prison time for parents who try to coerce their children into such unions 53 Divorce EditMain article Divorce in Islam Divorce in Islam can take a variety of forms some initiated by the husband and some initiated by the wife The theory and practice of divorce in the Islamic world have varied according to time and place 54 Historically the rules of divorce were governed by the Sharia as interpreted by traditional Islamic jurisprudence and they differed depending on the legal school 55 Historical practice sometimes diverged from legal theory 55 In modern times as personal status family laws were codified they generally remained within the orbit of Islamic law but control over the norms of divorce shifted from traditional jurists to the state 54 Hanafi Ottoman rules on divorce were fragile and complex The husband in repudiating his wife could declare an irrevocable or revocable divorce The irrevocable divorce was immediate and the women could not be remarried until after a specific waiting period An example of a waiting period would be having to wait for three menstrual circles from the time of the divorce Or if the husband died the woman must wait four months and ten days after his death If the woman was pregnant she must wait until after the child is born If the divorce was revocable the divorce is not final until after the waiting period However they could remarry if it was a revocable divorce Many couples did get remarried after a revocable divorce The women s ability to divorce was much different and much more limited If the woman finds out the husband has some disease or is impotent the judge gives the husband a year to consummate the marriage before divorce is allowed Also the women can divorce by using the option of puberty in which the women would have to provide witnesses of the menstrual blood Finally a woman could use the hul which is a Turkish word for divorce This is when the woman asks the husband for a divorce and he repudiates her for consideration After that essentially it is trading property for the person 56 The Qur an encourages cooperation in marriage this is done by giving specific rules to follow One verse says Consort with them honorably or if you are averse to them it is possible you may be averse to a thing and God set in it much good 57 Divorce could lead to women losing their morality or purity if certain values were not followed correctly The Qur an exemplifies that divorce is not meant to be the man getting back at the woman It is to allow the man and the women to peacefully spit up for the good of each other They also allow for multiple remarriages between the same couple The couple can divorce and get back together up to two times but after the second remarriage the divorce is final and there are not more remarriages allowed To revisit the rights of divorcing and who has them and does not have them the reason the man typically gets the right to divorce is that his judgment is thought to be more balanced than the woman Again the only reason the woman can ask for a divorce is if there is something significantly wrong with the man Divorce was supposed to be reserved for last case scenarios and not something that was used for harm The Qur an says Divorce must be pronounced twice and then a woman must be retained in honor or released in kindness 57 which exemplifies that it was supposed to be honorable for both man and woman if it needed to be done It was not taken lightly and it was a big decision on both party s part Prohibited marriages Edit A Pakistani American bride signing the nikah nama marriage certificate In certain sections of the Jahiliyyah Arab tradition the son could inherit his deceased father s other wives i e not his own mother as a wife The Quran prohibited this practice Marriage between people related in some way is subject to prohibitions based on three kinds of relationship 58 The following prohibitions are given from the male perspective for brevity the analogous counterparts apply from the female perspective e g for aunt read uncle The Quran states O ye who believe It is not lawful for you to inherit women forcefully And do not marry women to whom your father has ever married except what has passed Indeed it was lewdness disbelief and a bad way Prohibited to you are your mothers your daughters your sisters your paternal aunts your maternal aunts brother s daughters sister s daughters your mothers that are those who suckled you your sisters from suckling mothers of your women your step daughters in your guardianship from your women you have entered upon but if you have not entered upon them then there is no blame on you women of your sons from your loins and that addition of two sisters in wedlock except what has passed Surely God is Forgiving Merciful Al Quran 4 19 23 59 Prohibitions based on consanguinity Edit See also Cousin marriage in the Middle East Seven relations are prohibited because of consanguinity 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 The word mother also connotes the father s mother and mother s mother all the way up Likewise the word daughter also includes the son s daughter and daughter s daughter all the way down The sister of the maternal grandfather and of the paternal grandmother great aunts are also included on an equal basis in the application of the directive 60 Prohibitions based on suckling Edit Main article Rada fiqh Marriage to what is sometimes described as foster relations in English are not permitted although the concept of fosterage is not the same as is implied by the English word The relationship is that formed by suckling from the breast of a wet nurse This is what is meant by fosterage in Islam in the quotation below In Islam the infant is regarded as having the same degree of affinity to the wet nurse as in consanguinity so when the child grows up marriage is prohibited to those related to the wet nurse by the same degree as if to the child s own mother A hadith 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 61 62 63 64 Islahi 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 65 Prohibitions based on marriage Edit The daughter in law is prohibited for the father and the mother in law the wife s daughter the wife s sister and daughters of the wife s siblings nieces 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 66 Prohibition based on religion Edit Main article Interfaith marriage in Islam The Quran states Do not marry polytheist woman until she believes a slave believing woman is better than polytheist women though she allures you Do not marry your girls to polytheist man until he believes A man slave who believes is better than a polytheist man even though he allures you They do but beckon you to the Fire But God beckons by His Grace to the Garden of bliss and forgiveness and makes His Signs clear to mankind so that they may understand Quran 2 221 67 O ye who believe When there come to you believing women refugees examine and test them God knows best as to their Faith if ye ascertain that they are Believers then send them not back to the Unbelievers They are not lawful wives for the Unbelievers nor are the Unbelievers lawful husbands for them Quran 60 10 68 Interfaith marriages are recognized between Muslims and Non Muslim People of the Book usually enumerated as Jews Christians and Sabians 69 Historically in Islamic culture and traditional Islamic law Muslim women have been forbidden from marrying Christian or Jewish men whereas Muslim men have been permitted to marry Christian or Jewish women 70 71 It is lawful for Muslim men to marry Jewish or Christian women but not a polytheist woman Quran 5 5 72 Prohibited marriage partners Edit Marriage between a man and his sister half sister foster sister mother stepmother foster mother wife s mother aunt grandmother great aunt great grandmother etc Marriage between a woman and her father stepfather husband s biological father uncle grandfather great uncle great grandfather etc Marriage of a man with women who are sisters or stepsisters or foster sisters of each other except if marrying one who was separated from her husband by divorce or death Marriage of a man with women who are sisters or stepsisters of his mother or father citation needed Polygamy EditAccording to the Sharia Law Muslims are allowed to practice polygyny According to the Quran a man may have up to four legal wives only if there is a fear of being unjust to non married orphan girls Even then the husband is required to treat all wives equally If a man fears that he will not be able to meet these conditions then he is not allowed more than one wife If he fears that he shall not be able to deal justly with the orphans marry women of your choice two or three or four but if he fear that he shall not be able to deal justly with them then only one or that which your right hands possess That will be more suitable to prevent you from doing injustice Qur an 4 3 73 Yusuf Ali s translation A bride to be may include terms in her marriage contract that require monogamy for her husband or require her consent before he marries another wife 74 Sororal polygyny Edit Sororal polygyny is forbidden A man cannot marry two sisters a woman and a descendant of her sibling a woman and sibling of her ancestor 75 Iddah EditMain article Iddah A woman cannot marry after divorce or the death of her husband for a certain period This period is known as iddah A divorcee cannot marry for three menstrual cycles after divorce A divorcee who has no courses cannot marry for three months A pregnant woman cannot marry until she gives birth A widow cannot remarry for four lunar months and ten days citation needed Modern implementations EditIn today s world Muslims practice Islamic marital laws in a multitude of ways all over the globe In the United States for example 95 of Muslim American couples included in a 2012 study by the Institute for Social Policy and Understanding had completed both the Nikkah and had obtained a civil marriage license which is required to have a marriage legally recognized in the United States 76 The study also shares that In some cases the Islamic marriage contract is completed once the couple has decided to get married but cohabitation occurs later after the wedding reception In other cases the Islamic marriage contract is completed simultaneously with the civil marriage and is followed immediately by the wedding reception 77 There is ongoing debate about whether or not Sharia should be recognized in western countries like the United States and Australia that would allow for the Nikkah to be recognized as a legally valid marriage 78 79 There are also other elements to the Islamic marriage rituals that have difficulty being acknowledged in courts according to the study including the Mahr or the dowry Women who are denied their dowry do not have a clear path to legal contestation in either the US or Canada 76 Studies have also shown that even young Muslim Americans who might describe themselves as not very religious embrace the rituals of their faith at important moments of transition birth death and marriage These occasions motivate reaffirmation of emotional and behavioral touchstones even for those who do not practice their faith by attending mosque praying or fasting regularly 80 When it comes to divorce the 2014 study conducted by the Institute for Social Policy and Understanding states that Two divorce rates commonly cited for American Muslims include 32 33 and 21 3 respectively 81 Within the United States and Canada many Muslim couples interviewed in the study mention that they value a religious divorce and its proceedings 82 Some turn to religious figures to help them navigate the divorce process while many still go through the courts to terminate the civil marriage 82 Divorced Muslim women today also face the stigmas associated with being divorced within the North American Muslim community that can make it difficult for them seek remarriage 83 Gender roles and ideas about marriage have also shifted since the early onset of Islam when many of the rules around marriage were established ISPU reports that the most frequent source of marital conflict in this study was conflict over changing gender roles and expectations 84 citing a nation wide increase in women in higher education and professional jobs over the past three decades and says that they In many cases are trying to integrate childrearing and family life with professional goals 84 In March 2017 Salamet Memetimin an ethnic Uyghur and the Communist Party secretary for Chaka township s Bekchan village in Qira County Hotan Prefecture Xinjiang China was relieved of her duties for taking her nikah marriage vows at her home 85 In interviews with Radio Free Asia in 2020 residents and officials of Shufu County Kona Sheher Kashgar Prefecture Kashi stated that it was no longer possible to perform traditional Uyghur nikah marriage rites in the country 86 See also Edit Islam portalIslamic marital practices Islamic sexual jurisprudence Kafa ah compatibility of prospective spouses Minangkabau marriage marriage practices of West Sumatra Indonesia Nafaqah expense financial obligations of the husband Nikah halala the marriage of a woman to a second man after a triple talaq divorce Nikah mutʿah or Zawaj mutʿah pleasure marriage a fixed term marriage in Shi ite Islam also known as sigeh or sigheh in Iran Nikah urfi a customary Sunni Muslim marriage contract Polygamy in Islam Rada fiqh prohibited marriage due to fosterage Islamic or suckling Walima a marriage banquet offered by the groom the day after the signing of the marriage contractReferences Edit Getting Married Archived from the original on 2018 10 04 Retrieved 2018 10 04 Wehr Hans Hans Wehr Dictionary of Modern Written Arabic a compact version of the internationally recognized fourth edition Ed JM Cowan New York Spoken Language Services Inc 1994 Archived 2017 06 19 at the Wayback Machine Print Berg H Method and theory in the study of Islamic origins Archived 2016 05 09 at the Wayback Machine Brill 2003 ISBN 9004126023 9789004126022 Accessed at Google Books 15 March 2014 Hughes T A Dictionary of Islam Archived 2016 04 23 at the Wayback Machine Asian Educational Services 1 December 1995 Accessed 15 April 2014 Pohl F Muslim world modern Muslim societies Archived 2016 06 24 at the Wayback Machine Marshall Cavendish 2010 ISBN 0761479279 1780761479277 pp 47 53 Misyar now a widespread reality Arab News 12 October 2014 Archived from the original on 2017 In a misyar marriage the woman waives some of the rights she would enjoy in a normal marriage Most misyar brides don t change their residences but pursue marriage on a visitation basis Elhadj Elie 2006 The Islamic Shield Arab Resistance to Democratic and Religious Reforms Universal Publishers p 51 ISBN 978 1599424118 Misyar Marriage Al Raida Beirut University College Institute for Women s Studies in the Arab World 92 99 58 2001 Schacht J Layish A Shaham R Ansari Ghaus Otto J M Pompe S Knappert J Boyd Jean 2012 Nikaḥ In Bearman P Bianquis Th Bosworth C E van Donzel E Heinrichs W P eds Encyclopaedia of Islam 2nd ed Brill doi 10 1163 1573 3912 islam COM 0863 al Hibri Azizah Y Mubarak Hadia 2009 Marriage and Divorce In Esposito John L ed The Oxford Encyclopedia of the Islamic World Oxford Oxford University Press Archived from the original on 2016 03 26 Retrieved 2019 02 06 a b Vincent J Cornell 2007 Voices of life family home and society p 59 60 Marriage in Islam by Nargis Virani Wehr Hans 1976 Cowan J Milton ed A Dictionary of Modern Written Arabic 3rd ed Spoken Language Services p 997 ISBN 9780879500016 Birjas Yaser 22 March 2020 How Intimate Can a Couple be Post Nikkah but Pre Marriage Muslim Matters Retrieved 15 April 2020 Shah N 2006 Women The Koran and International Human Rights Law Martinus Nijhoff Publishers p 32 ISBN 90 04 15237 7 a b Ahmed Leila 1992 Women and Gender in Islam New Haven amp London Yale University Press pp 76 77 Esposito John 2002 What Everyone Needs To Know About Islam Oxford Press p 80 Islams Women Introduction to Marriage in Islam islamswomen com Archived from the original on 2015 11 25 Retrieved 22 September 2015 a b c Khadduri 1978 Q4 3 50 translations islamawakened com a b c Esposito 2005 p 79 Esposito 2004 p 339 a b Muslim relationships BBC Retrieved 25 February 2022 Marriage in the Quran Mount Holyoke College Archived from the original on 25 February 2022 Retrieved 25 February 2022 Marriage In Islam 8 Quranic Verses About Marriage Quranic 23 February 2021 Retrieved 25 February 2022 Chapter Seeking permission of a previously married woman in words and of a virgin by silence Hadith The Book of Marriage Sahih Muslim sunnah com Retrieved 22 September 2015 Chapter The father or the guardian cannot give a virgin or matron in marriage without her consent Hadith Book of Wedlock Marriage Nikaah Sahih al Bukhari sunnah com Retrieved 22 September 2015 a b The Encyclopaedia of Islam New Edition Vol VIII p 27 Leiden 1995 Amin Ahsan Islahi Tadabbur i Qur an vol 5 400 Q24 33 islamawakened com Q24 32 50 translations islamawakened com Same Sex Marriage and Marriage in Islam irfi org Archived from the original on 2015 09 24 Retrieved 22 September 2015 Introduction to Islam by Dr Muhammed Hamidullah Quran 24 3 Abu Da ud Sunan vol 2 227 nos 2051 Archived 2014 07 09 at the Wayback Machine 2052 Archived 2014 07 09 at the Wayback Machine Quran 2 221 Quran 60 10 Hadith Book of Tricks Sahih al Bukhari sunnah com Archived from the original on 2015 07 30 Retrieved 22 September 2015 Muslim Al Jami al sahih 596 no 3476 full citation needed Ilyas Aleena 3 Mar 2020 A Virgin Bride in Islam nikahforever Retrieved 12 Jul 2020 Al Bukhari Al Jami al sahih 919 no 5138 Archived 2014 05 28 at the Wayback Machine Honour killings un Islamic fatwa declares in wake of Shafia trial The Globe and Mail Archived from the original on 2016 03 04 Retrieved 22 September 2015 Saifuddin Ebrahim Marriage without Wali People of Sunnah People of Sunnah Archived from the original on 2016 08 14 Retrieved 29 July 2016 Quran 2 228 Keddie Nikki 1992 Women in Middle Eastern History Shifting Boundaries in Sex and Gender Yale University Press p 8 ISBN 0300157460 Retrieved 20 April 2020 Amin Ahsan Islahi Tadabbur i Qur an vol 2 291 292 Donatio Propter Nuptias lawin org Archived from the original on 2015 09 23 Retrieved 22 September 2015 Kecia Ali Marriage in Classical Islamic Jurisprudence A Survey of Doctrines in The Islamic Marriage Contract Case Studies in Islamic Family Law 11 19 Asifa Quraishi amp Frank E Vogel eds 2008 PEARL amp MENSKI supra note 11 7 16 at 180 Risalah ye Towzihul Masaael e Imam Khomeini Persian and Arabic Title translation Imam Khomeini s Islamic Laws Explanation Book Niloofaraaneh Publications With the cooperation of Mosol Gorgan and Ebadorrahmaan Publications 18th print 2011 ISBN 964 7760 28 0 Bibliographical data Archived 2017 03 02 at the Wayback Machine Pages 375 amp 376 Marriage Contract Requirements and Conditions Question No 2370 Translation Marriage contract and marriage agreement have several requirements First Fifth Woman and man must be content to the marriage and must be willing for it but if the woman in appearance apparently gives permission reluctantly and it is obvious and known that she is content to the marriage inly in heart the contract and agreement are valid http www sistani org english book 48 See marriage links in the table of contents Permanent version Resaaleye Daneshjouyi Porsesh ha va Pasokh ha Motaabeghe Nazar e 10 Tan az Maraaje e Ezaam رساله دانشجویی پرسش ها و پاسخ ها مطابق نظر ده تن از مراجع عظام Ma aaref Publication Student s Risalah Questions and Answers Compatible with the Fatwa of Ten People of Marja s ISBN 978 964 531 307 2 Encyclopaedia of Islam New Edition Leiden 1995 tome 8 page 27 b article Nikaḥ The wali can only give the bride in marriage with her consent but in the case of a virgin silent consent is sufficient The father or the grandfather however has the right to marry his daughter or granddaughter against her will as long as she is a virgin he is therefore called wali mudjbir wali with power to coercion the exercise of this power is however very strictly regulated in the interests of the bride MP acts against forced marriage Stuff 12 November 2012 Archived from the original on 2015 09 24 Retrieved 22 September 2015 a b Maaike Voorhoeve 2013 Divorce Modern Practice The Oxford Encyclopedia of Islam and Women Oxford Oxford University Press doi 10 1093 acref oiso 9780199764464 001 0001 ISBN 9780199764464 Archived from the original on 2017 02 04 Retrieved 2017 02 16 a href Template Cite encyclopedia html title Template Cite encyclopedia cite encyclopedia a CS1 maint uses authors parameter link a b Maaike Voorhoeve 2013 Divorce Historical Practice The Oxford Encyclopedia of Islam and Women Oxford Oxford University Press doi 10 1093 acref oiso 9780199764464 001 0001 ISBN 9780199764464 Archived from the original on 2017 02 04 Retrieved 2017 02 16 a href Template Cite encyclopedia html title Template Cite encyclopedia cite encyclopedia a CS1 maint uses authors parameter link Kermeli Eugenia 2013 Marriage and Divorce of Christians and New Muslims in Early Modern Ottoman Empire Crete 1645 1670 Oriente Moderno 93 2 495 514 doi 10 1163 22138617 12340029 hdl 11693 38283 ISSN 0030 5472 JSTOR 24710921 a b Husni Ronak 2007 11 29 Husni Ronak Newman Daniel L eds Muslim Women in Law and Society doi 10 4324 9780203938317 ISBN 9781134112746 Quran 4 22 Quran 48 22 29 Ghamidi Javed Ahmad Mizan A Comprehensive Introduction to Islam Lahore Al Mawrid Muslim Al Jami al sahih 616 no 3590 Al Bukhari Al Jami al sahih 912 no 5102 Muslim Al Jami al sahih 619 no 3606 Every relationship which is prohibited for marriage owing to consanguinity is also prohibited owing to fosterage Malik ibn Anas Al Mu atta 395 396 no 1887 Amin Ahsan Islahi Tadabbur i Qur an vol 2 275 Malik ibn Anas Al Mu atta 341 no 1600 Quran 2 221 Translated by Yusuf Ali Quran 60 10 Translated by Yusuf Ali John L Esposito ed 2014 Ahl al Kitab The Oxford Dictionary of Islam Oxford Oxford University Press doi 10 1093 acref 9780195125580 001 0001 ISBN 9780195125580 Elmali Karakaya Ayse 2020 Being Married to a Non Muslim Husband Religious Identity in Muslim Women s Interfaith Marriages In Hood Ralph W Cheruvallil Contractor Sariya eds Research in the Social Scientific Study of Religion A Diversity of Paradigms Vol 31 Leiden and Boston Brill Publishers pp 388 410 doi 10 1163 9789004443969 020 ISBN 978 90 04 44348 8 ISSN 1046 8064 S2CID 234539750 Leeman A B Spring 2009 Interfaith Marriage in Islam An Examination of the Legal Theory Behind the Traditional and Reformist Positions PDF Indiana Law Journal Bloomington Indiana Indiana University Maurer School of Law 84 2 743 772 ISSN 0019 6665 S2CID 52224503 Archived PDF from the original on 23 November 2018 Retrieved 25 August 2021 Quran 5 5 Translated by Yusuf Ali Quran 4 3 Translated by Yusuf Ali https www aljamiah or id index php AJIS article download 82 105 amp ved 2ahUKEwiokJaklsrvAhXVVBUIHdXaDhkQFjALegQIChAC amp usg AOvVaw0bzsy9uuHYVsCSol DxEYX bare URL PDF Is a Muslim man allowed to be married to two sisters Questions on Islam a b Macfarlane Julie January 2012 Understanding trends in American Muslim divorce and marriage A Discussion Guide for Families and Communities PDF The Institute for Social Policy and Understanding p 11 Archived PDF from the original on 2018 03 14 Retrieved February 13 2018 Macfarelane Julie January 2012 Understanding trends in American Muslim divorce and marriage A Discussion Guide for Families and Communities PDF The Institute for Social Policy and Understanding p 11 Archived PDF from the original on 2018 03 14 Retrieved February 13 2018 Smith David 2018 03 03 Are you concerned by sharia law Trump canvasses supporters for 2020 the Guardian Archived from the original on 2018 03 13 Retrieved 2018 03 14 Macfarlane Julie January 2012 Understanding trends in American Muslim divorce and marriage A Discussion Guide for Families and Communities PDF The Institute for Social Policy and Understanding p 6 Archived PDF from the original on 2018 03 14 Retrieved January 13 2018 Killawi Amal Daneshpour Manijeh Elmi Arij Dadras Iman Hamid Hamada June 2014 Recommendations for Promoting Healthy Marriages amp Preventing Divorce in the American Muslim Community PDF The Institute for Social Policy and Understanding The Institute for Social Policy and Understanding p 11 Archived PDF from the original on 2016 10 09 Retrieved February 13 2018 Killawi Amal Daneshpour Manijeh Elmi Arij Dadras Iman Hamid Hamada June 2014 Recommendations for Promoting Healthy Marriages amp Preventing Divorce in the American Muslim Community PDF The Institute for Social Policy and Understanding p 7 Archived PDF from the original on 2016 10 09 Retrieved February 13 2018 a b Macfarlane Julie January 2012 Understanding trends in American Muslim divorce and marriage A Discussion Guide for Families and Communities PDF The Institute for Social Policy and Understanding p 33 Archived PDF from the original on 2018 03 14 Retrieved February 13 2018 Killawi Amal Daneshpour Manijeh Elmi Arij Dadras Iman Hamid Hamada June 2014 Recommendations for Promoting Healthy Marriages amp Preventing Divorce in the American Muslim Community PDF The Institute for Social Policy and Understanding pp 9 10 Archived PDF from the original on 2016 10 09 Retrieved February 13 2018 a b Macfarlane Julie January 2012 Understanding trends in American Muslim divorce and marriage A Discussion Guide for Families and Communities PDF The Institute for Social Policy and Understanding p 40 Archived PDF from the original on 2018 03 14 Retrieved February 13 2018 No Sign of Kazakh Imam Scheduled For Release From Prison in July Radio Free Asia 9 August 2017 Retrieved 16 December 2019 In March Xinjiang authorities fired an ethnic Uyghur official for holding her wedding ceremony at home according to Islamic traditions instead of at a government sanctioned venue Salamet Memetimin the communist party secretary for Chaka township s Bekchan village in Hotan in Chinese Hetian prefecture s Chira Cele country was among 97 officials recently charged with disciplinary violations according to an April 10 report by the state run Hotan Daily newspaper Local residents said the woman was relieved of her duties for taking her nikah marriage vows in her own home I think this may be a local policy unique to Xinjiang the source said You have to first apply for a marriage certificate and then carry out the Islamic practice of nikah The imams aren t allowed to perform nikah if there is no marriage certificate or they will be sent to prison Shohret Hoshur Joshua Lipes 25 August 2020 Xinjiang Authorities Restrict Islamic Nikah Wedding Rites Citing Danger to Stability Radio Free Asia Translated by Elise Anderson Retrieved 26 August 2020 a href Template Cite web html title Template Cite web cite web a CS1 maint uses authors parameter link Further reading Edit Wikimedia Commons has media related to Muslim weddings Wikiquote has quotations related to Marriage in Islam Look up nikah in Wiktionary the free dictionary Chapman Aliya R Cattaneo Lauren Bennett 2013 American Muslim Marital Quality A Preliminary Investigation Journal of Muslim Mental Health University of Michigan 7 2 doi 10 3998 jmmh 10381607 0007 201 Pirzada Hafsa Islam Culture and Marriage Consent Hanafi Jurisprudence and the Pashtun Context Switzerland Springer International Publishing AG 2022 Retrieved from https en wikipedia org w index php title Marriage in Islam amp oldid 1160865235, wikipedia, wiki, book, books, library,

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