Islamic law regarding marriage
Islam recognizes value of sex and advocates marriage. Islam does not
believe in celibacy. The Prophet of Islam has said, "Marriage is my Sunnah
(that is recommended action of the Prophet) and whoever does not follow my
Sunnah is not my true follower." (Ibn Haiah, Babun
Nikah)
Allah has commanded the Muslims to marry:
"And marry those among you who
are single…." (24:33)
In Islam, marriage is essentially a contract. However, the distinction
between sacred and secular was never explicit in Islam. Any action or
transaction in Islam has religious implications. It is not quite accurate,
therefore, to designate marriage in Islam simply as a secular contract. The
appropriate designation of marriage could be a "Divine Institution".
For a valid marriage, the following conditions must be satisfied:
- There must be a clear proposal.
- There must be a clear acceptance.
- There must be at least two competent witnesses. This is necessary to
exclude illicit sex and to safeguard legitimacy of progeny. It is
recommended that marriage should be widely publicized.
- There must be a marriage gift, little or more, by the bridegroom to the
bride.
Dowry or marriage gift by bridegroom to the bride is a symbolic expression
of the groom's cognizance of the economic responsibilities of marriage and
of his readiness to assume all such responsibilities subsequent to
marriage. Dowry is not any price paid either to wife or family of the wife.
The general principle is that dowry should be estimated according to the
circumstances with emphasis on moderation. The Prophet (Sm) is reported to
have said that the most blessed marriage is that which is least costly and
most easy.
It is permissible for a Muslim man to see the women to whom he intends to
propose marriage before taking further steps so that he can enter into the
marriage with full knowledge. This has been permitted in Islam to avoid
further misunderstanding. The Prophet (Sm) has said, "When one of you asks
for woman in marriage, if he is able to look at what induce him to marry
her, he should do so." (Narrated in the book of tradition of Abu
Daud)
However, it is not permitted in Islam for a man to be alone with a woman in
the name of selection of spouse.
It is the girl's right to make decision concerning her marriage and her
father or guardian has no right to over-ride her objections or ignore her
wishes. The Prophet (peace be upon him) has said, "A woman who has been
previously married has more right concerning her person than her guardian
and a virgin's consent must be asked about herself, her consent being her
silence." (Narrated in the books of tradition of Bukhari and
Muslim)
It is permanently prohibited for a Muslim to marry a woman of the following
categories:
- Father's wife, whether divorced or widowed,
- The mother including grand mothers,
- The daughter including grand daughter,
- The sisters including half and step sisters,
- The paternal aunt, whether real, half or step sister of the father,
- The maternal aunt, whether real, half or step sister of mother,
- The brother's daughter and
- The sister's daughter.
These restrictions have been imposed by Allah in his wisdom to increase
trust among close relations by prohibiting incestuous relations, increase
love and affection among close relations, expand family ties beyond close
circle etc.
In Islam marriage is also prohibited with foster mother who has suckled him
during the period of weaning and with foster sisters, foster aunt and
foster nieces.
Islam has also prohibited marriage with mother in law, the stepdaughter,
and the daughter in law. Islam has also forbidden having two sisters as
co-wives.
It is also prohibited to marry a woman who is a Mushrik that is who
worships idols or associates other deities with Allah. Allah says in His
book, the Quran,
"And do not marry Mushrik women until they believe."
(2:221)
It is however lawful for Muslim men to marry chaste women (that is women of
virtue and character) from among the Jews and the Christians. Allah says in
His Book,
"(And lawful to you in marriage) are chaste women form those who
were given the scripture before you." (5:5)
"It is not permissible for Muslim women to marry non-Muslim men."
(2:221 and 60:10)
Allah has been more kind to the women and has not put on her extra stress
and probable difficulties in living with a husband of another faith.
Islam has allowed man to marry more than one woman but has put serious
restrictions on this. It requires agreement of the new wife, his ability to
maintain more than one wife, equality among the wives, etc. It is for this
reason that very few Muslim men marry more than one woman. Islam has
allowed this to man to curb illicit sex. Illicit sex is a very degenerating
thing for humanity and leads to debasement of women through prostitution.
Islam has totally rejected prostitution.
Islamic law regarding marriage is easy, practical, rational and in keeping
with human nature. Humanity can only benefit by following these regulations
in true spirit.