Marriage in Islam (under SHARIAH LAW)

Huma Jabri

July 27, 2017

TO WHOM A MUSLIM BOY AND A MUSLIM GIRL CAN PERFORM MARRIAGE نکاح (under SHARIAH LAW)

In Islam, Nikah نکاح (marriage) is a Sunnah and a natural need as well. Islam teaches us to have high morals and pure characters. Maintaining a relation with anyone before marriage is against Islam and against morality. After marriage, husband and wife should live together with love and affection. If love marriage means that after marriage, there should be love between the husband and the wife, then it is appreciable. There is no concept of love before marriage, it is only a different name for moral degeneracy. No person will accept the same for his sister. Before marriage, one may see the girl once.

Marriage with cousin

As per the Shariah, marriage with cousins is permissible and allowed. After describing the Mahram relatives (with whom marriage is impermissible) Allah Ta’ala says:

………thus hath Allah ordained (prohibitions) against you: except for these, all others are lawful. Surah Nisa (4:24)

Marriage is permissible with relatives who are not included in the Mahram relatives. Thus, marriage with them is permissible.

Consent of the girl is also necessary for marriage

Islam regards the consent of the girl also as necessary. The consent of an adult and sane girl is also necessary for marriage.

However, if a girl wants to marry someone below her (Gair-Kufu), then the parents can stop her and still if she ends up marrying, then they can get the marriage annulled. Also, if the Mehr (alimony) is less than “Mehr Mithl” (the alimony of her mother/aunt), then the parents/guardian can demand it. They can also demand a separation as given in Fatawa A’alamgiri, Vol. 1, Pg No. 292/293/294.

Demanding dowry in marriage

Translation of Hadith: There is a very lengthy Hadith narrated on the authority of Hadhrat Habshi Bin Janadah As Saluli in which the Holy Prophet (Sallallahu alaihi wa sallam) said: Begging is not permissible for some who is wealthy and someone with a sound body, excepting for someone who is very poor and someone in a very great need. If a person begs to increase wealth, then in Qiyamah, that begging will be on his face in the form of scratches and it will come in the form of an ember, from which that person will eat. Whoever wants to can decrease or increase this punishment for himself.

(Jame’ Tirmidhi, Kitab Uz Zakaah, Vol. 1, Pg No. 141, Hadith No: 590)

However, without any demand of any kind, exchanging gifts willingly is allowed. Islam has declared exchange of gifts to be a means of maintaining and increasing love, as the Holy Prophet (Sallallahu alaihi wa sallam) said in Kanz Ul Ummal, Hadith No: 15057). Thus, giving a gift on the occasion of marriage is permissible.

If someone has been a Qadiani before marriage then the marriage itself is not valid and as such, the couple are not husband and wife and should immediately separate. As given in Durre Mukhtaar, Babi Nikahil Kafir and Kanz Ud Daqaaiq, Babi Nikahil Kafir.

Maintaining justice between more than 1 wife

In the Shariah, it is the responsibility of the person who marries more than once to be equally just with both wives. Even in the fulfillment of conjugal rights, this equality has to be maintained. If the husband spends one night with one wife, then he should spend one night with the other also. If 2 nights with one wife, then the same number of nights with the other. If he cannot maintain justice between 2 wives, then on the Day of Judgment, one of his hands will be cut. As given in this Hadith:

Translation of Hadith: It has been narrated on the authority of Hadhrat Abu Hurairah (May Allah be well pleased with him) that the Holy Prophet (Sallallahu alaihi wa sallam) said: If a person who has 2 wives and he does not maintain justice between them, then in Qiyamah, he will come with one of his hands cut.

(Jame’ Tirmidhi, Hadith No: 1171)

Marriage with a Non-Muslim

As per the Shariah, marriage with a non-Muslim is forbidden. If the girl accepts Islam sincerely and testifies that Allah (Subhanahu wa Ta’ala) is the One and only Lord and Hazrath Muhammad (Sallallahu alaihi wa sallam) is His Last Messenger, then marriage with the girl is permissible. For the marriage, it is necessary for 2 sane, grown up Muslims to witness it. If the girl embraces Islam, marriage with her is allowed. Still, you should give importance to the opinion of your parents also. The pleasure of Allah (Subhanahu Wa Ta’ala) lies in the pleasure of parents and your life will become blessed because of it.

Marriage with a Qadiani

If the couple were both Muslims before marriage and after marriage, either of them became a Qadiani, then immediately the marriage is dissolved. As given in Durre Mukhtaar, Babi Nikahil Kafir, Hidayah, Kitab Un Nikah, Babi Nikah Ahle shirk.

The children will be considered to be Muslims after the parent who is a Muslim. As given in Radd Ul Muhtaar, Babi Nikahil Kafir.

If either of the parents becomes Qadiani, then their parentage is not nullified and the children will be considered to be their children only. There are many examples in the era of the Sahabah that in spite of their fathers still being non-Muslim, their parentage was not negated. (http://www.ziaislamic.com)

Whom one is allowed to Marry?

When planning for marriage, one has to ask himself who he should marry. Allah mentions most of the categories of women involved in this question in the following verses, (which means): “And do not marry those [women] whom your fathers married, except what has already occurred. Indeed, it was an immorality and hateful [to Allah] and was evil as a way. Prohibited to you [for marriage] are your mothers, your daughters, your sisters, your father’s sisters, your mother’s sisters, your brother’s daughters, your sister’s daughters, your [milk] mothers who nursed you, your sisters through nursing, your wives’ mothers, and your step daughters under your guardianship [born] of your wives unto whom you have gone in. But if you have not gone in unto them, there is no sin upon you. And [also prohibited are] the wives of your sons who are from your [own] loins, and that you take [in marriage] two sisters simultaneously, except for what has already occurred. Indeed, Allah is ever Forgiving and Merciful. And [also prohibited to you are all] married women except those your right hands possess [i.e., slaves or war-captives who had polytheistic husbands]. [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property, desiring chastity, not unlawful sexual intercourse…” [Quran 4:22-24]

Essential Condition of Nikah
Nikah is based on few conditions. When these conditions are fulfilled, then a man and a woman are proclaimed as husband and wife and can live together and carry on their marital duties. These are:

Essentials of Marriage

The essentials of a valid marriage are as follows:-
(i) There should be a proposal made by or on behalf of one of the parties to the marriage, and an acceptance of the proposal by or on behalf of the other party. A Muslim marriage requires proposal ‘Ijab’ from one party and acceptance ‘Qubul’ from the other side. This must be done in one sitting.
(ii) The proposal and acceptance must both be expressed at once meeting. The acceptance must be corresponding to what is being offered. The marriage must be effectively immediate. If the Wali says “ I will marry her to you after two months”, there is no marriage.
(iii) The parties must be competent. The two parties must be legally competent; i.e. they must be sane and adult.
(iv) There must be two male or one male & two female witnesses, who must be sane and adult Mahomedan present & hearing during the marriage proposal and acceptance.
(v) Neither writing nor any religious ceremony is needed.

Dua for Marriage:

“Our Lord! Grant unto us spouses and offspring who will be the comfort of our eyes, and give us (the grace) to lead the righteous. (Rabbana hab lana min azwajina wa dhurriyatina qurrata a`yunin wa’j`alna li’l muttaqina imama)” [Qur’an, 25:74]

“My lord, I am in absolute need of the good You send me (Rabbi inni lima anzalta ilayya min khairin faqir)”
[Qur’an, 28:24] – This is the supplication that the Prophet Mosa (Allah bless him and give him peace) made after helping the two young ladies draw water from the well. Many of the righteous have recommended this supplication for the one seeking a spouse, job or family (kids etc). He got all after this dua.