Marriage In Islam
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In Islamic law, marriage is accomplished through the
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...
contract, known as a () or more specifically, the bride's acceptance of the groom's dowry ('' mahr'') and the witnessing of her acceptance. The contract has rights and obligations for the man and woman, with rules on consent, financial obligations, and the treatment of partners, developed (according to Islamic sources) from the
Quran The Quran, also Romanization, romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a Waḥy, revelation directly from God in Islam, God (''Allah, Allāh''). It is organized in 114 chapters (, ) which ...
, (the holy book of Islam) and
hadith Hadith is the Arabic word for a 'report' or an 'account f an event and refers to the Islamic oral tradition of anecdotes containing the purported words, actions, and the silent approvals of the Islamic prophet Muhammad or his immediate circle ...
(the passed down saying and doings of the Islamic prophet
Muhammad Muhammad (8 June 632 CE) was an Arab religious and political leader and the founder of Islam. Muhammad in Islam, According to Islam, he was a prophet who was divinely inspired to preach and confirm the tawhid, monotheistic teachings of A ...
). In addition to the requirement that a formal, binding contract of rights and responsibilities – either verbal or on paper – be drawn up, there are a number of other rules for marriage in Islam: among them that there be witnesses to the marriage, a gift from the groom to the bride known as a mahr, that both the groom and the bride freely consent to the marriage; that the groom be married to no more than four women (a practice known as polygyny), that the women be married to no more than one man. Divorce is permitted in Islam and 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. In addition to the usual marriage intended for raising families, there are a few types of marriages in Islam that lack some customarily requirements: fixed-term marriages ( or "temporary marriage")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. . Print.
— permitted only by the
Twelver Twelver Shi'ism (), also known as Imamism () or Ithna Ashari, is the Islamic schools and branches, largest branch of Shia Islam, Shi'a Islam, comprising about 90% of all Shi'a Muslims. The term ''Twelver'' refers to its adherents' belief in twel ...
branch of
Shia Islam Shia Islam is the second-largest Islamic schools and branches, branch of Islam. It holds that Muhammad in Islam, Muhammad designated Ali ibn Abi Talib () as both his political Succession to Muhammad, successor (caliph) and as the spiritual le ...
;Berg, H
"Method and theory in the study of Islamic origins"
Brill 2003 , 9789004126022. Accessed at Google Books 15 March 2014.
Hughes, T
"A Dictionary of Islam."
Asian Educational Services 1 December 1995. Accessed 15 April 2014.
Pohl, F
"Muslim world: modern Muslim societies"
Marshall Cavendish, 2010. , 1780761479277. pp. 47–53.
Nikah Misyar, which lacks some conditions such as living together, and is permitted by some
Sunni Sunni Islam is the largest branch of Islam and the largest religious denomination in the world. It holds that Muhammad did not appoint any successor and that his closest companion Abu Bakr () rightfully succeeded him as the caliph of the Mu ...
Islamic scholars; and '"customary" marriage (' Nikah 'urfi'') which are not officially registered with state authorities. Traditional marriage in Islam has been criticized (by modernist Muslims) and defended (by traditionalist Muslims) for allowing polygamy and easy divorce.


Terminology

In the Hans Wehr Dictionary of Modern Written Arabic, is defined as "marriage; marriage contract; matrimony, wedlock". In the
Quran The Quran, also Romanization, romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a Waḥy, revelation directly from God in Islam, God (''Allah, Allāh''). It is organized in 114 chapters (, ) which ...
, nikah is used to refer to the contract of marriage.Vincent J. Cornell (2007), ''Voices of life: family, home, and society''. p. 59–60 (Marriage in Islam by Nargis Virani). According to at least a couple of sources -- Ibrahim B. Syed and the Ahlan Foundation -- the Quran also uses "a strong agreement" (), in verse Q.4:21, to refer to marriage. In Arabic-speaking countries, marriage is commonly called ''zawāj'' (, from the
Quran The Quran, also Romanization, romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a Waḥy, revelation directly from God in Islam, God (''Allah, Allāh''). It is organized in 114 chapters (, ) which ...
ic term ''zawj'' (), 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: ', " matrimony contract"; / ALA-LC: '; ; "marriage" and or (, ) for the certificate. The marriage celebration may be called ''ʿurs / zawāj'' (), ''ezdewaj/arusi'' (Persian), ''shaadi'' (Urdu), ''biye/biya'' (Bengali) or ''düğün'' (Turkish).


History


Before Islam

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 were marriage by agreement, marriage by capture, marriage by mahr, marriage by inheritance, and "Mot'a" or temporary marriage. In
Mesopotamia Mesopotamia is a historical region of West Asia situated within the Tigris–Euphrates river system, in the northern part of the Fertile Crescent. Today, Mesopotamia is known as present-day Iraq and forms the eastern geographic boundary of ...
, marriages were generally monogamous, except among male royalty, who would have
harem A harem is a domestic space that is reserved for the women of the house in a Muslim family. A harem may house a man's wife or wives, their pre-pubescent male children, unmarried daughters, female domestic Domestic worker, servants, and other un ...
s consisting of wives and concubines. The Sasanian society followed
Zoroastrianism Zoroastrianism ( ), also called Mazdayasnā () or Beh-dīn (), is an Iranian religions, Iranian religion centred on the Avesta and the teachings of Zoroaster, Zarathushtra Spitama, who is more commonly referred to by the Greek translation, ...
, which viewed women to be possessions in marriage, although consent was required in both marriage and divorce. According to Islamic sources, most women in the pre-7th century
Arabia The Arabian Peninsula (, , or , , ) or Arabia, is a peninsula in West Asia, situated north-east of Africa on the Arabian plate. At , comparable in size to India, the Arabian Peninsula is the largest peninsula in the world. Geographically, the ...
had little control over their marriages and Islam brought a big improvement. They were 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. 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.


Reforms with Islam

During Muhammad's prophethood several chapters and verses from the
Quran The Quran, also Romanization, romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a Waḥy, revelation directly from God in Islam, God (''Allah, Allāh''). It is organized in 114 chapters (, ) which ...
were revealed which banned common marriage practices that existed prior to that time. The rules of "marriage by agreement (marriage through consent)" were reformed by
Muhammad Muhammad (8 June 632 CE) was an Arab religious and political leader and the founder of Islam. Muhammad in Islam, According to Islam, he was a prophet who was divinely inspired to preach and confirm the tawhid, monotheistic teachings of A ...
, and strict rules and regulations were set. The practice of "marriage by inheritance" (where a man inherited his father's wives) was forbidden. Under the Arabian '' Jahiliyyah'' (pre-Islamic) law, Islamic sources allege that no limitations were set on men's rights to marry or to obtain a divorce.Khadduri (1978) Islamic law limited men to four wives at one time, not including concubines. ()Esposito (2005) p. 79 Additionally, a man was required to provide a suitable marriage gift for each wife and ensure financial support and separate housing for all. As a result, only the wealthiest men could historically afford to practice polygyny. The institution of marriage was refined into one in which the woman was somewhat of an interested partner. 'For example, the
dowry A dowry is a payment such as land, property, money, livestock, or a commercial asset that is paid by the bride's (woman's) family to the groom (man) or his family at the time of marriage. Dowry contrasts with the related concepts of bride price ...
, previously regarded as a bride-price paid to the father, became a nuptial gift retained by the wife as part of her personal property'. 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.Esposito (2004), p. 339


Encouragement

As in many if not all religions, marriage is encouraged. Verses from the Quran indicate positive feelings towards marriage in Islam. * “And marry those among you who are single and those who are fit among your male slaves and your female slaves;" (Surah an-Nur, 24:32) * ˹They are˺ those who pray, “Our Lord! Bless us with ˹pious˺ spouses and offspring who will be the joy of our hearts, and make us models for the righteous.” * "And of His signs is that He created for you from yourselves mates that you may find tranquility in them, and He placed between you affection and mercy. (Surah Ar-Rum, 30:21) Some of the
hadith Hadith is the Arabic word for a 'report' or an 'account f an event and refers to the Islamic oral tradition of anecdotes containing the purported words, actions, and the silent approvals of the Islamic prophet Muhammad or his immediate circle ...
that the prophet of Islam
Muhammad Muhammad (8 June 632 CE) was an Arab religious and political leader and the founder of Islam. Muhammad in Islam, According to Islam, he was a prophet who was divinely inspired to preach and confirm the tawhid, monotheistic teachings of A ...
is reported as saying are straightforward in calling for Muslims to marry: * “When a man marries he has fulfilled half of the religion; ...” (Mishkat al-Masabih). * “Marriage is part of my sunnah, and whoever does not follow my sunnah has nothing to do with me" (Sunan Ibn Majah). Specific reasons for marrying include its use in procreation and population increase of Muslims, valued according to hadith such as, *“Marry those who are loving and fertile, for I will be proud of your great numbers before the other nations.” There are also traditions commanding Muslims not "to follow the monastic life of Christians”, (Al-Bayhaqi). Another is that Islam is the religion of the '' fitrah'', i.e. it is "consistent with the natural instincts and needs of mankind", and opposes "unnatural constraints" such as celibacy, the opposite of marriage, (according to Ahmad Bello Dogarawa and Ibrahim B. Syed). Marriage provides an outlet for one of fitrah's natural instincts and needs, namely sex, and thus prevents illicit sex (zina), a great sin in Islam. This is mentioned in several traditions such as: *The love of the desires for women, sons, ... has been made attractive to people. (Aal-'Imraan Q.3:14) Marriage provides an outlet for sex drive that might otherwise lead to illicit sex (''
zina ''Zināʾ'' () or ''zinā'' ( or ) is an Islamic legal term referring to unlawful sexual intercourse. According to traditional jurisprudence, ''zina'' can include adultery, fornication, prostitution, sodomy, incest, and bestiality. ''Zi ...
''), a great sin in Islam. This is mentioned in several traditions such as: * Whoever among you can marry, should marry, because it helps him lower his gaze and guard his modesty, ....'" (Sahih al-Bukhari)Assadullah, Mir Mohammed
Weddings in Islam
zawaj.com
* “Whoever has the means, let him get married, and whoever does not, then he should fast for it will diminish his desire", (Sunan Ibn Majah). Marriage provides a structure for the relationship between partners creating a family, and safeguards rights of members of the family. Other revelation are less concerned about lack of money for a mahr, assuring Muslims God will "will make them free from want", * “And marry those among you who are single and those who are fit among your male slaves and your female slaves; if they are needy, Allah will make them free from want out of His grace; and Allah is Ample-giving, Knowing.” (Surah an-Nur, 24:32) Or that they should marry even if they can only afford a small mahr. *"Marry, even with Mahr equal toan iron ring." (Al-Bukhari on the authority of Sahl Ibn Sa'd.) Marrying within the Muslim community and creating a “productive and constructive" family where members help and encourage one and other to "be good and righteous", helps to preserve the religion. Family life in Islam, finding a partner to share life's joys and sorrows, is considered a "blessing", a source of stability, the foundation for families. By regulating sexual desire marriage prevents it from destabilizing the community, in the eyes of religious scholars of Islamic law. In a patrilineal society, where a person's social status is defined by their father's lineage, marriage was a crucial institution for controlling reproduction and ensuring that children were properly recognized and claimed, according to scholar Judith E. Tucker. What level of ruling in
fiqh ''Fiqh'' (; ) is the term for Islamic jurisprudence.Fiqh
Encyclopædia Britannica
''Fiqh'' is of ...
('' ahkam'') marriage is (obligatory, allowed, encouraged, etc.) has been explored by Islamic scholars. According to some sources, if a man has the means (mahr) to marry, and has no fear of mistreating his wife, marriage can be either obligatory ('' fard'') if he fears committing unlawful acts (fornication) if he does marry; or only (preferred) if he does not fear this.


Conditions, ceremony

A Nikah ceremony (marriage) in Islam requires the presence of a () of the bride, two Muslim witnesses, the offering of Mahr (a gift from the groom to the bride), freedom from any Islamic legal obstacles that might prevent the marriage from being valid, (such as the bride and groom being mahrams of one another, i.e., close relatives who are permanently forbidden to marry, or the man being a non-Muslim and the woman is a Muslim, etc.), and mutual consent in the form of a verbal exchange of acceptance ("''qubool''," meaning "I accept") (, ) and the signing of a marriage contract by the groom and 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 Muslims () are people who adhere to Islam, a Monotheism, monotheistic religion belonging to the Abrahamic religions, Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God ...
, unless the bride is of the Christian or
Jewish Jews (, , ), or the Jewish people, are an ethnoreligious group and nation, originating from the Israelites of History of ancient Israel and Judah, ancient Israel and Judah. They also traditionally adhere to Judaism. Jewish ethnicity, rel ...
faith; in such cases, the bride should be given away by someone from her religious background.The Encyclopaedia of Islam, New Edition, Vol. VIII, p. 27, Leiden 1995. The bride is usually present at the signing of the marriage contract. The () is a technical term of Islamic law which denotes the guardian of a bride. In traditional Islam, the literal definition of , 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 . However, in the absence of these, other male relatives such as the bride's brother, uncle, or even a male guardian appointed by a shariah court or the imam of a mosque may act as the walī, depending on the circumstances. If the conditions are met and a 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 (), 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.


Prerequisites

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 . Once a 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 A dowry is a payment such as land, property, money, livestock, or a commercial asset that is paid by the bride's (woman's) family to the groom (man) or his family at the time of marriage. Dowry contrasts with the related concepts of bride price ...
as such in Islam. A dowry is a payment to the groom from the bride's family. 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. * Marriage is permitted for a man with a chaste woman either Muslim or from the People of the Book (Arabic Ahl al Kitab,
Jews Jews (, , ), or the Jewish people, are an ethnoreligious group and nation, originating from the Israelites of History of ancient Israel and Judah, ancient Israel and Judah. They also traditionally adhere to Judaism. Jewish ethnicity, rel ...
,
Sabians The Sabians, sometimes also spelled Sabaeans or Sabeans, are a religious group mentioned three times in the Quran (as , in later sources ), where it is implied that they belonged to the 'People of the Book' (). Their original identity, which ...
and
Christians A Christian () is a person who follows or adheres to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. Christians form the largest religious community in the world. The words '' Christ'' and ''C ...
) but not to polytheists (or "idolaters": Yusuf Ali translation or "idolatresses": Pickthall translation). For women, marriage to People of the Book is not permissible. * Spoken consent of the woman is only required if she is not a virgin and her 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 l Bukhari:6968 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. 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. * 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 The Shafi'i school or Shafi'i Madhhab () or Shafi'i is one of the four major schools of fiqh (Islamic jurisprudence), belonging to the Ahl al-Hadith tradition within Sunni Islam. It was founded by the Muslim scholar, jurist, and traditionis ...
, and Maliki Sunni schools, a is required for a virginal woman to marry. In these schools, if a woman gets divorced, she becomes her own guardian and does not need a to sign a marriage contract.


Rights and obligations of spouses

According to Islam, both men and women have rights over each other when they enter into a marriage contract, with the husband serving as protector and supporter of the family most of the time, from his means. 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 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 to her property and assets except by her wishes. A pre-marital agreement of the financial expectation from the husband is in the , 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. Women are also reminded that in case the husband is not fulfilling his responsibilities, there is no stigma on them in seeking divorce. The Quran re-emphasizes that justice for the woman includes emotional support, and reminds men that there can be no taking back of the or bridal gifts given to women unless they are found guilty of sexual immorality. In cases where the agreement was to postpone payment of the , 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:


Marriage contract

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 Muslims () are people who adhere to Islam, a Monotheism, monotheistic religion belonging to the Abrahamic religions, Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God ...
. 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.


Mahr, dowry and gifts

(''donatio propter nuptias'') 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 is paid by the groom to the bride at the time of marriage for her exclusive use. If the marriage contract fails to contain an exact, specified mahr, the husband must still pay the wife a judicially determined sum. Mahr functions similar to bride wealth.


Proxy marriages

''Nikah'' is permitted by proxy (i.e. via the telephone or video link), simply by both parties (or representatives on their behalf) exchanging declarations. This has caused issues in Western countries, such as the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
, which do not view proxy marriages as legitimate.


Importance of forced/un-consented marriages

According to Shi'i mujtahid and marja' Khomeini and Ali al-Sistani, 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. A notable example of this is the Hanafi school (the largest of the four classical schools of Sunni 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.''
Encyclopaedia of Islam The ''Encyclopaedia of Islam'' (''EI'') is a reference work that facilitates the Islamic studies, academic study of Islam. It is published by Brill Publishers, Brill and provides information on various aspects of Islam and the Muslim world, Isl ...
'' New Edition, Leiden 1995, tome 8, page 27 b, article Nikāḥ: "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."


International human rights responses

Children in some 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.'
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.


Prohibited marriages

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 relationships. 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:


Prohibitions based on consanguinity

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.


Prohibitions based on suckling

Marriage to what is sometimes described as foster relations in English is 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 Hadith is the Arabic word for a 'report' or an 'account f an event and refers to the Islamic oral tradition of anecdotes containing the purported words, actions, and the silent approvals of the Islamic prophet Muhammad or his immediate circle ...
'' (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. 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".


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), and 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.


Prohibition based on religion

The Quran states: Interfaith marriages are recognized between Muslims and non-Muslim People of the Book (usually enumerated as
Jews Jews (, , ), or the Jewish people, are an ethnoreligious group and nation, originating from the Israelites of History of ancient Israel and Judah, ancient Israel and Judah. They also traditionally adhere to Judaism. Jewish ethnicity, rel ...
,
Christians A Christian () is a person who follows or adheres to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. Christians form the largest religious community in the world. The words '' Christ'' and ''C ...
, and
Sabians The Sabians, sometimes also spelled Sabaeans or Sabeans, are a religious group mentioned three times in the Quran (as , in later sources ), where it is implied that they belonged to the 'People of the Book' (). Their original identity, which ...
). Historically, in
Islamic culture Islamic cultures or Muslim cultures refers to the historic cultural practices that developed among the various peoples living in the Muslim world. These practices, while not always religious in nature, are generally influenced by aspects of Islam ...
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. It is lawful for Muslim men to marry Jewish or Christian women but not a polytheist woman.()


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 to 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 to women who are sisters or stepsisters of his mother or father.


Polygamy

According to the Shariah (Law), Muslims are allowed to practice polygyny. According to the Quran, a man may have up to four legal wives only. Other verses prohibit marriage to a close relative of any of the multiple wives (a wife's sister, daughter, mother, niece, aunt, etc.). Even then, the husband is required to treat all wives equally and be just to all (emotionally as well as financially). In addition a bride-to-be may include terms in her marriage contract that require
monogamy Monogamy ( ) is a social relation, relationship of Dyad (sociology), two individuals in which they form a mutual and exclusive intimate Significant other, partnership. Having only one partner at any one time, whether for life or #Serial monogamy ...
for her husband or require her consent before he marries another wife.


Divorce

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. The main categories of Islamic customary law of divorce are ''talaq'' ( repudiation), ''khulʿ'' (mutual divorce) and ''faskh'' (dissolution of marriage before the Religious Court). Historically, the rules of divorce were governed by the
Sharia Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on Islamic holy books, scriptures of Islam, particularly the Quran, Qur'an and hadith. In Islamic terminology ''sharīʿah'' ...
, as interpreted by traditional Islamic jurisprudence (
fiqh ''Fiqh'' (; ) is the term for Islamic jurisprudence.Fiqh
Encyclopædia Britannica
''Fiqh'' is of ...
). There were several different schools of jurisprudence (
madhhab A ''madhhab'' (, , pl. , ) refers to any school of thought within fiqh, Islamic jurisprudence. The major Sunni Islam, Sunni ''madhhab'' are Hanafi school, Hanafi, Maliki school, Maliki, Shafi'i school, Shafi'i and Hanbali school, Hanbali. They ...
), and historical practice sometimes diverged from legal theory. 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. Hanafi/Ottoman rules on divorce and remarriage 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. One example of a waiting period would be having to wait for three menstrual cycles from the time of the divorce. In the case of the death of the husband, the woman must wait four months and ten days after his death. If the woman is pregnant, she must wait until after the child is born before remarrying. 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, she has grounds for divorce but must give her 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. 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 that you may be averse to a thing, and God set in it much good". 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 woman to peacefully split up for the good of each other. It also allows 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 no more remarriages allowed. The reason the man typically gets the right to divorce is that his judgment is thought to be more balanced than a woman's. 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 as a last resort and not something that was used for harm or for trivial disagreements. The Qur'an says, "Divorce must be pronounced twice and then (a woman) must be retained in honor or released in kindness", 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 for both parties.


Iddah

A woman cannot marry after a divorce or the death of her husband for a certain period. This period is known as iddah. * A divorcée in between menarche and menopause has iddah for three menstrual cycles, no matter how long it takes. * A divorcée as well as a widow after menopause has the iddah of 3 months and 10 days. * A pregnant divorcée as well as a widow has iddah till the end of her pregnancy, whether the pregnancy ends in any way: by delivery, abortion or miscarriage. * A widow after menopause has iddah for four lunar months and ten days.


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 (ISPU) had completed both the Nikah and had obtained a civil marriage license, which is required to have a marriage legally recognized in the United States. 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." 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 Nikah to be recognized as a legally valid marriage. 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. 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 A mosque ( ), also called a masjid ( ), is a place of worship for Muslims. The term usually refers to a covered building, but can be any place where Salah, Islamic prayers are performed; such as an outdoor courtyard. Originally, mosques were si ...
, praying or fasting regularly. When it comes to divorce, the 2014 study conducted by the ISPU states that, "Two divorce rates commonly cited for American Muslims include 32.33% and 21.3%, respectively." Within the United States and Canada, many Muslim couples interviewed in the study mention that they value a religious divorce and its proceedings. Some turn to religious figures to help them navigate the divorce process, while many still go through the courts to terminate the civil marriage. 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. 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," 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".


See also

* Islamic marital practices * Islamic marital jurisprudence * Islamic sexual jurisprudence * Arabikalyanam, temporary marriage between Muslim men from the Middle East and economically disadvantaged women from southern India. * Kafa'ah, compatibility of prospective spouses * Minangkabau marriage, marriage practices of West Sumatra, Indonesia * Nafaqah, "expense"; financial obligations of the husband * Musta'jara, secret marriage * Nikah halala, the marriage of a woman to a second man after a triple talaq (divorce) * Nikah mutʿah or Zawāj 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 * Salat al-Istikharah - A prayer for seeking decisions from
Allah Allah ( ; , ) is an Arabic term for God, specifically the God in Abrahamic religions, God of Abraham. Outside of the Middle East, it is principally associated with God in Islam, Islam (in which it is also considered the proper name), althoug ...
, also observed for decision making in choosing spouse in marriage * Walima, a marriage banquet offered by the groom the day after the signing of the marriage contract


Notes


References


Further reading

* * Pirzada, Hafsa. Islam, Culture, and Marriage Consent: Hanafi Jurisprudence and the Pashtun Context. Switzerland, Springer International Publishing AG, 2022. {{Types of marriages ms:Nikah