Marriage, Allah created men and women as a company for each other and that they could multiply and live in peace and tranquillity in accordance with the commandments of Allah and the directions of Allah Messenger. The Al-Quran says:
“And among His signs is this, that He created for you spouses from among you, so that you can remain in peace with them, and He laid the love and mercy between your hearts. There is no doubt that there are signs for those who indicate. (Al-Quran 30:21)
“And Allah has made for you your spouses by nature and made for you, of them, sons and daughters and grandchildren, and provided you with the best.” [Noble Quran 16:72]
These verses of the Noble Quran clearly show that unlike other religions such as Christianity, Buddhism, Judaism, etc., who consider celibacy or monasticism a great virtue and a means of salvation, Islam views marriage as one of the most virtuous and approved institutions. Prophet Muhammad (SAW) said: ‘There is no monasticism in Islam. He further prescribed,
“Oh, you young people! Anyone who can marry must marry, because this will help you to look down and protect your modesty.’ [Shek Al-Bukhari]
The prophet was considered a great virtue. He said: “Modesty is part of faith.” [Al-Bukhari]
The importance of marriage or institution receives the greatest accent from the following hadith of the Prophet,
“Marriage is my Sunnah, and whoever does not follow my Sunnah has nothing to do with me.
Given these prescriptions of the Qur’an and the instructions from the Prophet (peace and blessings of Allah be upon him), we will consider the institution of marriage in Sharia.
The word “Zawaj” is used in the Qur’an to refer to a couple or helper. But in general, it’s about marriage. Since the family is the core of an Islamic society, and marriage is the only way to bring families to existence, the Prophet (peace and blessings of Allah be upon him) insisted that his followers marry. The Sharia prescribes the rules governing the functioning of both spouses can live together in love, tranquility, and security. Marriage in Islam has aspects like “Ibad” (worship) of Allah and Muammals (transactions between people).
In his ‘aspect of Ibadah,’ marriage is an act pleasing to Allah, because according to his commandments, the husband and wife love each other and help each other make efforts to continue the human race and rear and feed their children to become true servants of Allah.
In its aspect of the Mu’amalah, marriage, which is the legitimate response to the basic biological instinct to have sexual intercourse and multiply children, the sharia enacted detailed rules for translating this response into a living human institution, reinforced by a number of legal rights and duties not only of the spouses, but also of the spouses Their descendants.
These aspects are perfectly explained in the tradition of the Prophet. Anas tells that the Messenger of Allah (peace and blessings of Allah be upon him) said:
“When a man marries, he has fulfilled half of his religion, so let him fear Allah with respect to the remaining half.”
The prophet considered marriage to a Muslim half of his religion, because he protects him from debauchery, adultery, fornication, homosexuality, etc., which ultimately leads to many other ashes, such as calumnies, quarrels, murders, loss of property and disintegration families. According to the Prophet (SAW), the remaining half of the faith can be saved by Takva.
Terms of marriage
A careful examination of the Quranic prescriptions and the traditions of the Prophet (peace and blessings of Allah be upon him) clearly shows that marriage is obligatory (wajib) for a person who has the means to easily pay the Makhra (dowry) and support the wife and the Children and are healthy and Fears that if he does not marry, he may be tempted to commit adultery (Zina). It is also mandatory for a woman who does not have other means to support herself and who is afraid that her sexual desire can push her to fornication. But even for a person who has a strong will to control his sexual desire, who does not have the desire to have children, and who believes that marriage will keep him from his devotion to Allah, it is commendable (Mandub).
However, according to the school of Maliki, under certain conditions it is obligatory (fard) for a Muslim to marry, even if he is not able to earn a living:
If he is afraid that he will not marry, he will commit fornication (Zina).
If he can not fast to control his passions, or his fast does not help him abstain from Zina.
Even if he can not find a slave or an unfortunate girl to marry.
However, some lawyers suggest that if a person can not provide legal income, he should not marry, because if he marries without any hope of getting legal bread, he can commit theft, and to avoid one evil (his passions), he Can become the victim of another (theft).
The Hanafi school considers marriage mandatory (fard) for men:
If he is sure that he will commit fornication (Zina), if he does not marry.
If he can not fast to control his passions, or even if he can fast, his fasting does not help him control his passion.
If he can not get slave girls to marry.
If he can pay a dowry (Mahr) and get a legitimate means of livelihood.
Marriage is forbidden (Haram) to a person, according to Hanafi’s school, if he does not have the means to support his wife and children or if he suffers from a disease serious enough to affect his wife and offspring.
This is undesirable (makrooh) for a person who has no sexual desire at all or who do not have the love for children or who, undoubtedly, will be weakened in his religious obligations as a result of marriage.
In order that the problems do not arise after the marriage, the Prophet (peace and blessings of Allah be upon him) recommended that in selecting his bride the man should see her before the betrothal, that blindness of choice or the error of a judicial decision not of Braque. But this “vision” should not be perceived as a substitute for “courting” the West. A person should not look passionately at his bride, but only critically looks at her face and hands to get acquainted with her personality and beauty. However, if a person so desires, he can appoint a woman to go and interview the proposed bride so that she can fully describe the type of girl.
Since believing men and women are mentioned in the Quran, a woman also has the right to look at her potential husband.
The special permission for men and women to see each other for the purpose of marriage does not contradict the code of conduct for believing men and women to lower their eyes and be modest, which is laid in the Noble Quran:
Ijbar: safety valve
The consent of both men and women is an essential element of marriage, and the Koran gives women a significant role in choosing their life partners. He lies down:
‘Do not prevent them from marrying their husbands when they agree among themselves in a legitimate way.’ [Al-Quran 2: 232]
Nevertheless, Imam Malik, one of the four great imams of the Sunni schools of Islamic jurisprudence, gives a slightly restrictive interpretation of this verse and makes the choice of a partner a Muslim girl subject to the excessive power or the i-bar of her father or guardian in the interests of the girl herself.
Sometimes it may happen that in her immaturity or excessive zeal, a girl may want to marry a person about whom she has distorted information, or who do not have a good character or who do not have adequate means of subsistence. In this case it is better, or rather, the father or guardian of the girl, that in the broader interests of the girl he keeps her from marrying such a useless person and finds the right person to be her husband. Such marriages organized by fathers and guardians work better than a marriage associated with western courtship.
The case of Abu Jumam bin Hudhaif and Mu’awiyah ibn Abu Sufyan is important here. They offered to marry Fatima Bint Gait. The Prophet (peace and blessings of Allaah be upon him) advised Fatima not to marry any of them on the grounds that Mu’awiah was then a beggar, and Abu Juham was cruel and harsh. So she married Osama.
Free consent of the parties
The Qur’an [4:21] refers to marriage as to mithaq, that is, to a solemn covenant or agreement between husband and wife, and prescribes that it be written down in writing. Since an agreement can not be reached between the parties, if they do not give their consent to this, the marriage can be concluded only with the free consent of both parties. The Prophet (peace and blessings of Allaah be upon him) said:
‘A widow and a divorced woman cannot be married until their orders are received, and the virgin will not be married until her consent is obtained.’ [Shek Bukhari]
Imam Bukhari emphasizes this aspect. In fact, he gave one of the chapters in his Sahih a significant position:
“When a man gives his daughter in marriage, and she does not like it, the marriage is canceled.” Once a virgin came to the Prophet (peace and blessings of Allaah be upon him) and said that her father had married her to a man against her. The prophet gave her the right to refuse marriage. [Abu Dawood]
Divorced women are also given the freedom to contract a second marriage. The Noble Quran says:
‘And when you get divorced from women and they come to the end of their waiting period, do not stop them from marrying other men if they agree with each other fairly.’ [Al-Quran 2: 232]
As for widows, the Qur’an says,
“And if one of you dies and leaves your wives behind, they will bequeath to them their widows (the right to) a year’s maintenance without their obligation to leave (their husband’s house), but if they leave (their place of residence) on their own, You are not Guilt for what they do to themselves in a legitimate way. ” [The Noble Quran 2: 234]
Thus, widows can also remarry even during the period mentioned above; And if they do, they must abandon their demands for traditional services for the remainder of the year. However, it should be remembered that the power of the Ijar given to the father or guardian by Malika’s school about their choice of a life partner gets in all the situations discussed above, namely: is the daughter or the wards a virgin or a divorce or widow.
Prohibited marriage partners
Sharia prohibits marriages between men and women who are in a certain relationship to each other. These prohibited degrees are either permanent or temporary. In the Noble Quran are permanently prohibited forms of marriage:
“And marry not the women with whom your fathers married, except what has already happened (in the past). Lo! It was a duty and an abomination, and an evil path. Your mothers and daughters, your sisters, your father’s sisters, your mother’s sisters, your daughter’s daughters, your sister’s daughters, your adoptive mothers and your adoptive sisters, and your mother-in-law and your daughters who are under Your mother-in-law and your daughters who are under your protection (born) from your women to whom you have entered – but if you did not go into them, then it is not a sin For you (to marry your daughter) – and your sons’ wives from your Your own loins, and that you must have two sisters together, except what has already happened (from this nature) in the pro The slime. Allah is Forgiving, Merciful. ” [Noble Quran 4: 22-24]
From the above verses of only Quran it is clear that a Muslim should never marry the following:
- His mother
- His stepmother (this practice continues on the land of Yoruba in Nigeria, where in some cases the eldest son inherits his father’s younger wife)
- His grandmother (including mother of father and mother and all previous mothers, for example, great-grandmothers)
- His daughter (including granddaughters and others)
- His sister (full, blood or uterine)
- His father’s sisters (including his father’s sisters)
- His mother’s sisters (including her grandmother’s sister’s sister)
- The daughters of his brother
- His adoptive mother
- His adoptive mother’s sister
- His sister’s daughter
- His foster sister
- His wife’s mother
- His daughter (ie, the daughter of the ex-husband of the woman with whom he married if the marriage was completed, but if such a marriage was not completed, the ban does not exist)
- The wife of his real son
Behind these prohibitions lies the great wisdom on the basis of kinship, closeness, and upbringing. No social cohesion can exist if people do not observe these prohibitions in their minds at the time of marriage.
Temporary prohibitions are those that arise only because of certain special circumstances in which the parties are located. If circumstances change, the ban also disappears. They are as follows:
A man should not have two sisters as a wife at the same time, and he can not marry a girl and her aunt at the same time.
A man should not marry a woman who is already married. However, this obstacle is immediately eliminated if the marriage is terminated either by the death of her ex-husband or by divorce, followed by the end of the “iddah” period (retreat).
A man should not have more than four wives at a time. This obstacle, of course, is eliminated as soon as one of the wives dies or divorces.
A person should not marry a woman during his “Ida”.
As for this last ban, the Quran expects that Muslims will act with utmost decency and righteousness. He lies down:
‘… but do not enter into a secret agreement with them, except in honorary terms, and do not allow marriage to communicate until the deadline is fulfilled.’ [Al-Quran 2: 235]
This means that a man should not make a specific marriage proposal with a woman during her “iddah” after her husband’s death or irrevocable divorce. However, he can send a message, for example, “I want to find a woman of good character.” But if a woman is in the ‘iddah divorce, which can be canceled when the Raja’ (return) is possible, the man should not send her even an implicit invitation to marry him, because she is still considered the legitimate wife of the first husband. In fact, this restriction is most useful because it prevents a person from becoming a tool for the decomposition of a family where there is still a chance of reconciliation between wife and husband even if they leave each other.
Two grooms want to marry one girl
The Prophet (peace and blessings of Allaah be upon him) did not approve of two people competing with each other to secure marriage with the same girl. This is due to the fact that this situation is likely to lead to bitter enmity between the two Muslim brothers.
The Prophet said:
“The believer is the brother of the believer. Therefore, it is not legal for him to bargain for a deal with his brother and not to offer (the girl’s hand) after offering a brother’s marriage until the latter (voluntarily) chooses this offer. “
Imam Abu Hanifah, Imam Shafi, and Imam Malik, all believe that it is a sin to conclude a marriage proposal with the offer of another Muslim brother. However, if the marriage is thus inappropriately wrong, this will be enough if the second suitor, who was successful, achieves the forgiveness of the first bridegroom and Allah. But Imam Dhahiri considers such a marriage void. Yours faithfully, that the former point of view is more rational and rational