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Marriage (nikaah) In Islam And How It Is Done! by Arisheloaded(m): 7:28am On Mar 31, 2016 |
CONDITIONS REQUIRED FOR INITIATING THE
CONTRACT.
The Eligibility Of The Couples
The Bridegroom: He must be a chaste Muslim male
who has attained full puberty and mental ability. It is
not permissible for a non-Muslim man to be married
to a Muslim woman.
“And give not (your daughters) in marriage to AI-
Mushrikun till they believe (in Allah Alone) and
verily, a believing slave is better than a (free)
Mushrik (idolater, etc.), even though he pleases
you." ( Q2 [Baqarah}:221)
The Bride: She should be chaste, preferably a
Muslim but could be a Christian or Jew with full
mental ability. She must not also be currently
married to another man i.e. her womb must be free.
No forbidden relationship: Both the intending
husband and wife must not be related within the
following forbidden marital bracket (i.e. she [or he]
or she must not be one of the following to him [or
her]):: mother (father), grandmother (grandfather)
from both sides; daughter (son), granddaughter
(grandson) and further down; sister (brother) either
full or half; maternal and paternal aunt (uncle).
Moreover, they must not have been breastfed by the
same woman. She [or he] must also not be related
to him (or her) in any of the following ways: wife of
father (husband of mother) and upward in the
lineage, the wife of son (the husband of daughter),
the wife's mother (the husband's father) or be a
daughter of his wife with whom) sexual intercourse
has been enjoyed.
CONDITIONS REQUIRED FOR THE VALIDITY OF THE
CONTRACT
The Permission of the Bride: Being one of the two
main parties to the marital contract, the bride
reserves the right to decide with whom she wants to
spend the remaining part of her life. It is not
permissible to give a woman in marriage without her
knowledge and approval of it. The Prophet (sallallahu
alayhi wa sallam ) said:
"When one of you wants to give his daughter in
marriage, he should take her permission." (Tabarani)
This permission comes in various ways depending
on the woman involved. It could be through her
silence, if she is a virgin, or a verbal permission.
The Prophet ( sallallahu alayhi wa sallam ) said:
"Take the women's permission in regard to themselves
(i.e. marriage). A non-virgin expresses herself with her
tongue; and a virgin's silence is (a sufficient proof of)
her acceptance. " (Ahmad)
If she introduced the bridegroom in the first place as
the person she would like to marry, then that
suffices' as her acceptance of him.
The Consent of the Wali : A woman cannot herself
away in marriage. The Prophet ( sallallahu alayhi wa
sallam ) said:
“A marriage (contract) is not valid without a
wali." (Abu Dawud)
Abu Hurairah (RA) added:
"For, indeed, it is an adulteress who gives herself in
marriage (without her wali's consent). " (Ibn Majah)
Who is a Woman's Wali?: In a normal situation, the
wali of a woman is her father, if· for any reason, he
cannot discharge this role, the role devolves on next
closest of her mahram (grandfather, son, brother,
uncle etc.) A wali must be Muslim for Allaah says:
“Allaah will never grant to the unbelievers a way (of
authority) over the believers." (Q4[Nisaa): 141)
The next Muslim in her lineage takes over as the
wali . A woman, no matter her position in the family,
cannot be a wali . The Prophet (sallallahu alayhi wa
sallam ) said:
“A woman may not give another woman in
marriage. " (Ibn Majah).
It is not permissible for a woman to appoint a wali
for herself if she does not have one. Only a
constituted Muslim authority can appoint a wali for
her. The Prophet (sallallahu alayhi wa sallam ) said:
"The (Islamic) authority is the wali of the one who does
not have a wali. " (Ahmad).
In the absence of a Muslim authority, then the
imaam of masjid may be consulted. An appointed
wali 's position is not permanent, his role has ended
once he discharged his obligation in the marriage
contract.
Witnesses: Another condition for the validity of
marriage contract is the presence of two Muslim
witnesses. The Prophet (sallallahu alayhi wa sallam )
said:
“ A marriage contract is not valid without a wali and
two trustworthy witnesses. " (Ahmad)
The witnesses should witness and hear the entire
contract's details and should, not be under any
compulsion to disclose the fact of the marriage.
CONDITIONS REQUIRED FOR THE SOUNDNESS OF
THE CONTRACT
The Mahr (Dowry): It is obligatory upon the
husband to give his wife a marriage gift which is
often referred to as mahr or sadaaq. Allaah says:
“And give the women (upon marriage) their dowry as a
free gift." (Q4[Nisaa]:4) .
Even though the dowry is a significant aspect of the
marriage contract, the most accurate position is
that it is not a condition for its validity. A marriage
can be done without specifying a mahr at the time
of the contract but to be paid at a later date. The
Prophet (sallallahu alayhi wa sallam ) said to a man:
"Do you agree that I marry so-and-so woman to you ?"
He replied, 'Yes.' The Prophet (sallallahu alayhi wa
sallam ) then said to the woman, " Do you agree that I
marry you to so-and-so man ?" She replied, "Yes." So
he married them to each other without naming a
mahr for the bride or giving her anything. When he
approached death, he said: "Indeed, Allaah's
Messenger (sallallahu alayhi wa sallam ) gave me so-
and-so in marriage but I did not then give her
anything. Be my witness that I now give her as mahr
my share from Khaybar." So she took it and sold it
for one hundred thousand dirham." (Abu Dawud)
Who takes the mahr: It is the sole right of the wife
and no one can or should take it away from her. She
may however remit part of it to anyone she
chooses, even her husband if she desires.
Kinds of Dowry: The dowry can be in money,
jewelry, clothes, or other material things. It could as
well be non-material such as teaching her Islaamic
knowledge. It must be something that is beneficial
to the woman.
Amount of the dowry: The amount of the dowry
should be in accordance with the husband's
financial ability and with the bride's social status.
This should be negotiated between the man and the
woman (or her wali). There is neither an upper
ceiling nor a lower ceiling for dowry, but it is
recommended that the woman be easy on the man.
The Prophet ( sallallahu alayhi wa sallam ) said:
"The best of marriages (or dowries) are the
easiest." (Abu Dawud)
THE CONTRACT'S PROCEEDINGS
It is recommended for whoever is conducting the
marriage to begin by reciting the khutbat ul-Hajjah .
The most important aspect of the marriage
proceeding is the Ijab wal Qubul (offer and
acceptance). The wali offers her ward in marriage to
the man in words that conveys the meaning that is
intended and understood accordingly by participants
in the contract. The acceptance must correspond to
what is being offered. If the guardian says: "I marry
you to Khadijah", a response of "I accept Fatimah as
my wife" would not constitute a valid contract. An
exception to this is if the wali mentions a specific
dowry amount and the groom responds with a
higher amount. It is regarded that there is no reason
for dispute since it is assumed that a higher dowry
will be acceptable. The marriage must be effective
immediately. If the wali says "I will marry her to you
after one month", there is no marriage and the two
remain unmarried.
ANNOUNCING THE COMPLETION OF THE
CONTRACT
This is done by inviting people to walimah (feast) Deen Communications Limited via www.dawahnigeria.com |
Re: Marriage (nikaah) In Islam And How It Is Done! by succyreal(m): 7:37am On Mar 31, 2016 |
all this write top for who? |
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