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Islam is the voice of human nature. It is the combination of faith and wisdom. Being a complete code of life, Islam guards all natural human rights. Islam argues that man is a social being in its nature, so binding people together in natural relationships is a necessity of life. Allah Almighty created the opposite sexes for the continuity of the human race and to give strong bonds for creating strong relationships. Hence blood relationship has been proven to be the strongest relationship ever.
Marriage is a social ritual to create a positive relationship between a male and a female. Islam makes it as simple as possible to promote lawful marriage and eradicate fornication or unlawful relationship. Islam has also granted ideally rational and reasonable laws to strengthen the lawful relationship and discourage the breakage of marriage.
Allah Almighty says:
"And one of His signs is that He has created for you, spouses from amongst yourselves so that you might take comfort in them and He has placed between you, love and mercy. In this, there is surely evidence (of the truth) for the people who carefully think." (Surah 30, Verse 21)
He a.w.j says:
"O' mankind! Have the consciousness of your Lord who has created you from a single soul. From it, He created your spouse and through them, He populated the land with many men and women. Have spiritual awareness of the One by whose Name you swear to settle your differences and have respect for the wombs that bore you. Without doubt, Allah (SWT) keeps watch over you all." (Surah 4, Verse 1)
He a.w.j says:
"And of His signs is that He has created spouses for yourselves from your own selves so you might take comfort in them and He has created love and mercy among both of you. In this, there is evidence (of the truth) for the people who (carefully) think." (Surah 30, Verse 21)
Abdullah (May Allah be pleased with him) reported that We were with the Prophet while we were young and had no wealth whatever. So Allah's Apostle said, "O young people! Whoever among you can marry, should marry, because it helps him lower his gaze and guard his modesty (i.e. his private parts from committing illegal sexual intercourse, etc.), and whoever is not able to marry, should fast, as fasting diminishes his sexual power."
(Sahih Bukhari: Book of Marriage, 62:4)
Followings are the rules for a valid Muslim marriage according to Hanbali Madhab.
Nikah is a social contract between two heterosexual persons, to constitute a family for an unlimited period, for the satisfaction of sexual desire and love properly, with acceptance of full responsibility for all natural consequences of such a relationship, provided that the burden of expanses of the emerging family would be on the husband.
Each person is eligible for Nikah, except the person whose sex is not distinguishable, whether it is a male or a female.
The Nikah is said to be Nikah Sahih if it meets the five conditions given below:
(a) Identification of spouses going to marry each other, i.e their full names, fathers’ names, and the clan;
(b) Consent of the spouses for marrying to each other, except the maiden;
(c) Presence of two witnesses of the Nikah, in the Nikah ceremony, from adult Muslim men of good character, with the ability to hear and speak;
(d) Presence of the supreme Wali of the bride or his Wasi, or his Wakeel, in the Nikah ceremony;
(e) The offering of the bride for Nikah, with clear determination from the side of Wali or his Wasi or Wakeel and its acceptance from the side of the bridegroom or his Wakeel.
Nikah that does not meet all five conditions mentioned in Sec 1.03, is said to be Nikah Fasid, provided that Nikah is not prohibited by law as mentioned in Sec 1.05.
Nikah that is prohibited by law is said to be Nikah Batil, it is of three types:
(a) Nikah of a male or a female with a relation to whom Nikah is prohibited forever, whether it is a blood relationship or a milk relationship; these relations are
(1) Real parents and their ascendants, how high- so-ever;
(2) Daughter and son and their descendants how low-so-ever;
(3) Real sister and real brother, step-sister and step-brother from both sides i.e father and mother
(4) The children of brother and their descendants how low-so-ever;
(5) The children of sister and sister and their descendants how low-so-ever
(6) Aunt and uncle from father’s side and their ascendants, how high- so-ever;
(7) Aunt and uncle from mother’s side and their ascendants, how high- so-ever;
(8) Parents in law, and their ascendants, how high- so-ever;
(9) Step-mother and step-father and their ascendants, how high- so-ever;
(10) Daughter-in-law and son-in-law and their descendants how low-so-ever;
(11) Step-daughter and step-son and their descendants how low-so-ever, from a wife or a husband with whom the marriage has been consummated.
(b) Nikah of a male with two females of the same blood relationship or milk relationship is prohibited, these relations may be
(1) Union of two sisters in Nikah of the same man;
(2) Union of a female with her father’s sister, in Nikah of the same man;
(3) Union of a female with her mother’s sister, in Nikah of the same man.
(c) Third type of Nikah Batil is a collection of diverse kinds of Nikah prohibited, as follows
(1) A Muslim female is prohibited to celebrate Nikah with a non-Muslim male;
(2) A Muslim male is prohibited to celebrate Nikah with a non-Muslim female of a nation, that is not a Nation of the Book;
(3) A Muslim male, may be independent or slave, is prohibited to celebrate Nikah with a non-Muslim female slave, whatever, her religion be;
(4) A married female, being a wife of a male, is prohibited to celebrate Nikah with another male, until the completion of Iddah following three lashes divorce, or death of her spouse;
(5) An independent male is allowed to celebrate Nikah with four females in his life, so the fifth Nikah is prohibited
(6) A male slave is allowed to celebrate Nikah with two females in his life, so his third Nikah is prohibited;
(7) Nikah with a fornicator is prohibited until he repents on her sin;
(8) When a male has pronounced Talaq Bayenah to his spouse, he is not allowed to celebrate Nikah with the same female again, provided that she fully celebrates Nikah with another person and gets Talaq Bayenah, otherwise Niakh with her is Nikah Btil;
(9) Nikah of a Muslim male or a female in Ihram, dressed for pilgrimage to Baitullah, is prohibited, if accomplished, it is Nikah Batil.
(10) A person who accomplishes Lian, is prohibited to celebrate Nikah with her spouse, to whom Lian is accomplished;
(11) When two males celebrate Nikah with female relatives of each other applying the condition that there would be no exchange of Mehr, then such a relationship is Nikah Batil;
(12) Nikah for a specified period is Nikah Batil;
(13) Nikah with the condition of Talaq after a determined period is Nikah Batil;
(14) Nikah with the condition that the husband would pronounce Talaq to his spouse just after the accomplishment of consummation is Nikah Batil.
(a) Nobody has a right to perform Niakah of a female with any male without her consent or against her will;
(b) It is compulsory for the father to take the consent of her daughter, who has ever accomplished consummation, either legal or illegal, whether with her consent or against her will, like the female who has acquired Talaq Bayenah after Nikah Sahih, or she has performed Nikah Fasid or Nikah Batil or she has been rapped;
(c) The consent of such a female is, necessarily, verbal yes;
(d) The real father is recommended without obligation, to take the consent of her maiden daughter to make her marry a specified male;
(e) The maiden’s answer is positive, or her silence equals her consent;
(f) However, the real father, being the tenderest, has the right to perform Nikah of his maiden daughter to a person of his class, without taking her consent;
(g) Nobody, other than a real father, may enjoy this right.
(h) If a female can not declare her consent, being disabled or mentally retarded, her Wali may perform her Nikah without her consent.
(a) Nobody has a right to perform Nikah of an adult male to any female without his consent or against his will;
(b) An adult male has the right to celebrate Nikah with the desired female according to law.
(c) If a male can not declare his consent, being or mentally retarded, his Wali may make him marry without his consent.
(a) Wali should be an independent, sound-minded, adult, male, Muslim of good character, the closest relative of the bride based on consanguinity, with essential knowledge of Nikah and its components;
(b) In general, the bride’s father is the supreme Wali, then his ascendants, then her son and his descendants, then her brother from the common parents, then her brother from her father’s side, then the descendants of her brother, then her uncle from father’s side and his descendants, then her father’s uncle and his descendants, then the person who has brought her up, then the relatives closer and closer based on sanguinity, as in heredity;
(c) A female slave’s master acts as her Wali;
(d) A male may act as Wali of her spouse’s female slave;
(e) A female who has no Wali, Imam or his vicegerent acts as her Wali;
(f) Imam or his vicegerent may act as Wali of a female non-Muslim.
Sec 3.02. (a) In the presence of supreme Wali, all other relations remain passive;
(b) The inferior to supreme Wali may be active in the following cases
(1) Supreme Wali has died;
(2) He is present at a distance, at least forty –eight miles, and may not come back in the near future;
(3) He is imprisoned and may not be released in the near future;
(4) He has been absent for a period of one year, being disconnected, no access to him is possible;
(5) He does not fully qualify to be Wali ;
(6) He resists an adult female in his custody, to celebrate Nikah, with a desired male of her class.
(a) All the qualities mentioned in Sec 3.01 (a), except the relation with the bride are required for Wasi;
(b) Supreme Wali has authorized him as his Wasi in the presence of two witnesses;
(c) He has right equal to Wali in the case, he has been authorized.
(a) All the qualities mentioned in Sec 3.01 (a), except the relation with the bride are required for Wakeel;
(b) Supreme Wali has authorized him as his Wakeel ;
(c) He has right equal to Wali in the case, he has been authorized;
He may act in the presence of Wali.
Sec 4.01 Offering and acceptance is the principal component of Nikah,
(a) The supreme Wali of the bride offers his female relative i.e bride, to the bridegroom for Nikah, in return for specified Mehr, with her full identity, preferably mentioning the word Nikah or any word that is equal to it in a language spoken by them, other than Arabic;
(b) Wasi or Wakeel, authorized by supreme Wali, may act in replace of Wali for offering in an aforementioned way;
(c) (1) The bridegroom or his Wakeel, verbally declares that he accepts the offer;
(2) A dumb may express his acceptance, through writing or hinting or Wakeel;
Marriage of non-Muslims, performed according to their religion, whatever their religion may be, is valid, provided that
(a) They have not married to the prohibited relations, mentioned in Section 1.05;
(b) They have not married for a specified period;
(c) They have not married with the condition of optional cohabiting.
(a) When both spouses convert to Islam unanimously, at the same time, their previous marriage is valid;
(b) When a non-Muslim male spouse converts to Islam and his female spouse remains non-Muslim, their previous marriage is valid, provided that the female spouse belongs to the Nation of the Book;
(c) When a non-Muslim female, from Nation of the Book, being a wife of a Muslim male, converts to Islam, their previous marriage is valid;
(d) When a non-Muslim female from the Nation of the Book, converts to Islam alone, her marriage with her non-Muslim spouse dissolves, whatever his religion may be;
(e) When a non-Muslim person, other than the Nation of the Book, converts to Islam, before consummation, his marriage with such a non-Muslim spouse, dissolves;
(f) When a non-Muslim person, other than the Nation of the Book, converts to Islam, after consummation, the conversion of the non-Muslim spouse will be awaited, till the completion of Iddah, if he converts within Iddah, their marriage remains valid, otherwise dissolves;
(g) When a non-Muslim independent male converts to Islam and has more than four wives, then there are five possibilities as follows:
(1) The wives belonging to Nation of the Book, would remain his wives, provided that they are not more than four, and his marriage with wives of other religions would be dissolved;
(2) If his all wives are from the Nation of the Book, he has the option to choose four of them, and pronounce Talaq to others;
(3) If his all or more than four wives convert to Islam with him unanimously, at the same time, he has the option to choose four Muslims, and pronounce Talaq to others;
(4) If his four wives convert to Islam, pronounce Talaq to others;
(5) If less than four of his wives convert to Islam, and the remaining are from the Nation of the Book, he has the option to complete number four adding to Muslims and pronouncing, Talaq to others;
(h) When a non-Muslim male slave converts to Islam and he has more than two wives, there are three possibilities:
(1) His all wives convert to Islam with him unanimously, at the same time,
he has the option to choose two of them and pronounce, Talaq to others;
(2) His two or more than two wives are from the Nation of the Book, he has the option to choose two of them and pronounce, Talaq to others;
(3) His one wife converts to Islam and others remain non-Muslim from the Nation of the Book, he has the option to choose two of them including one Muslim, and pronounce, Talaq to others;
(a) When a couple or one spouse diverts from Islam, before consummation, their marriage dissolves at once;
(b) When a couple or one spouse diverts from Islam, after consummation, their marriage dissolves at the completion of Iddah.
The settled amount of wealth, paid by the bridegroom to the bride, or promised to be paid on demand is called Mehr or Sudaq (dowry).
On the basis of the mode of payment, Mehr may be classified into two types:
(a) Mehr paid instantaneously;
(b) Mehr promised to be paid on demand after a specified or unspecified period
(1) Mehr promised to be paid on demand after a specified period is necessary to be paid on the due date;
(2) When no period is specified for the payment of Mehr, it is necessary to be paid on Talaq Bayenah or the death of any spouse or both of them;
(c) Some of the Mehr may be paid instantaneously, while other remaining quantities may be delayed for the specified or unspecified period, with the agreement of the parties.
(a) The quantity of Mehr is not specified by law, whatever quantity is settled by the agreement of the two parties, it is a valid Mehr, necessary to be paid according to the settled mode of payment.
(b) The recommended quantity of Mehr range from four hundred to five hundred Hijazi Dirhams, or the amount equal to these silver coins.
In general, the whole Mehr remains in the possession of the bride, so she may spend it according to her own will.
When an invalid thing is prescribed as Mehr, like things that are not considered wealth, it is declared Mehr Fasid and the bride deserves Mehr equal to Mehr of women of her class.
(a) When controversy arises between the spouses, or their inheritors, about the quantity or quality of Mehr, then the claim with the oath of husband or his inheritor is reliable, provided that there is no evidence of the contract;
(b) When controversy arises between the spouses, or their inheritors, about the possession of Mehr, then the claim with the oath of wife or her inheritor is reliable, provided that there is no evidence of the contract;
(c) When a female or her inheritor claims for Mehr on her spouse, and her spouse denies it, then the claim with the oath of the female or her inheritor is reliable, provided that there is no evidence of the contract.
When a bride is pronounced Talaq Bayenah before consummation, or the death of any or both spouses occurs before consummation, she deserves half of the settled amount of Mehr.
The gift given by the bridegroom, in addition to the settled Mehr, is not a part of Mehr.
Celebrating marriage with joy and happiness is recommended in Shariah. Small girls are allowed to sing rhymes and songs of modest nature that are not involved with any corruption of character. Free mixing of men and women is prohibited. The bridegroom is recommended to offer palm dates to the guest in the Nikah ceremony.
The bridegroom is strongly recommended to offer Walimah/The Wedding Party to his relatives and friends. He is free to choose the menu according to his pocket, though mutton is preferable.
It is the duty of the male spouse to bear the household expenses of the newly formed family, after Nikah. The female spouse can share the expenses if she has a permanent job, though she is not obliged at all to bear the expenses.
The male spouse can demand his female spouse to do household work, according to the conventional practices of the community, though he can’t compel her by force to do it.
The male spouse is obliged to stay with her female spouse at least once a night in every four nights. While, the female spouse is obliged to entertain her male spouse, whenever, he demands, provided that it does not affect her health. The male spouse is obliged to have sexual intercourse with her at least once in four months, provided that he is capable of intercourse.