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Encyclopedia > Islamic marital jurisprudence

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Islamic Jurisprudence

– a discipline of Islamic studies Image File history File links Merge-arrows. ... Nikah or nikkah (Arabic: النكاح ), is the contract between a bride and bridegroom and part of an Islamic marriage, a strong covenant (mithaqun Ghalithun) as expressed in Quran 4:21). ... This article or section does not cite any references or sources. ... This is a list of academic disciplines (and academic fields). ... Islamic Studies is the academic discipline which focuses on Islamic issues. ...

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This is a sub-article to Islamic jurisprudence and Marriage.

Marriage in Islam is considered to be of the utmost importance. There are numerous hadiths lauding the importance of marriage and family. This is a sub-article of fiqh and Law and economics. ... Islamic politics is the profession of Muslim politicians. ... This article needs to be cleaned up to conform to a higher standard of quality. ... When a couple decides to marry, they draw up a Marriage contract. ... A dowry is a gift of money or valuables given by the brides family to that of the groom to permit their marriage. ... Dower (Lat. ... Islam advocates a harmonious relationship between husband and wife. ... Nikah or nikkah (Arabic: النكاح ), is the contract between a bride and bridegroom and part of an Islamic marriage, a strong covenant (mithaqun Ghalithun) as expressed in Quran 4:21). ... Nikah Misyar (Arabic: literally translated travelling marriage) is the Sunni Muslim Nikah (marriage) contract carried out via the normal contractual procedure, but without the couple living together. ... Shia and much Sunni jurisprudence of Sharia disallows a couple remarrying after having been through three divorces. ... Nikah urfi is a kind of marriage. ... This page is a candidate to be moved to Wiktionary. ... Nikāḥu’l-Mut‘ah, Nikah el Muta (Arabic: , also Nikah Mut‘ah literally, marriage[1] for pleasure[2]), or sigheh, is a fixed-time marriage which, according to the Usuli Shia schools of Shari‘a (Islamic law), is a marriage with a preset duration, after which the... This is a sub-article of Islamic marital jurisprudence and human sexuality. ... The introduction to this article provides insufficient context for those unfamiliar with the subject matter. ... This is a sub-article of Sexuality in Islam and Islamic cleanliness . ... Istimna (استمناء) is the Arabic term for masturbation. ... Zina (Arabic: الزناء) is extramarital sex in Islam. ... As an Islamic term in Arabic, it denotes a person of unknown parentage or a person who is born out of wedlock, ie a bastard. ... This is a sub-article to Polygyny and Islamic marital jurisprudence In Islam, Polygyny is allowed, thus Muslim males can have more than one wife at the same time. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... It is requested that this article, or a section of this article, be expanded. ... It has been suggested that this article or section be merged with Ma malakat aymanukum. ... This article is being considered for deletion in accordance with Wikipedias deletion policy. ... Islamic criminal jurisprudence is the Islamic criminal law. ... This is a sub-article to Islamic jurisprudence and etiquette. ... Islamic theological jurisprudence is the filed of Islamic jurisprudence specialized in theological issues. ... This is a sub-article to fiqh and Hygiene Hygiene in Islam is a prominent topic but one which non-Muslims are not very familiar with. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Marriage is an interpersonal relationship with governmental, social, or religious recognition, usually intimate and sexual, and often created as a contract, or through civil process. ... Hadith ( transliteration: ) are oral traditions relating to the words and deeds of Prophet Muhammad. ...


In Islamic law, marriage is a legal bond and social contract between a man and a woman as prompted by the Shari'a. There are two types of marriages mentioned in the Qur'an, the Nikah in verse 4:4 and the Nikah Mut'ah in verse 4:24. For people named Islam, see Islam (name). ... Marriage is an interpersonal relationship with governmental, social, or religious recognition, usually intimate and sexual, and often created as a contract, or through civil process. ... John Lockes writings on the Social Contract were particularly influential among the American Founding Fathers. ... Sharia ( Arabic شريعة also Sharia, Shariah or Syariah) is traditional Islamic law. ... The Qur’ān [1] (Arabic: , literally the recitation; also sometimes transliterated as Quran, Koran, or Al-Quran) is the central religious text of Islam. ... Nikah or nikkah (Arabic: النكاح ), is the contract between a bride and bridegroom and part of an Islamic marriage, a strong covenant (mithaqun Ghalithun) as expressed in Quran 4:21). ... It has been suggested that Mutta marriage be merged into this article or section. ...

Contents

Types of marriage

Nikah

Main article: Nikah

Nikah (Arabic: نكاح, literally: to have sex[1]) is the first, and most common form of marriage for Muslims; described in the Qur'an in 4:4. Nikah or nikkah (Arabic: النكاح ), is the contract between a bride and bridegroom and part of an Islamic marriage, a strong covenant (mithaqun Ghalithun) as expressed in Quran 4:21). ... There is also a collection of Hadith called Sahih Muslim A Muslim (Arabic: مسلم, Persian: Mosalman or Mosalmon Urdu: مسلمان, Turkish: Müslüman, Albanian: Mysliman, Bosnian: Musliman) is an adherent of the religion of Islam. ... The Qur’ān [1] (Arabic: , literally the recitation; also sometimes transliterated as Quran, Koran, or Al-Quran) is the central religious text of Islam. ...

A Muslim bride signing the nikkah nama or marriage certificate.
A Muslim bride signing the nikkah nama or marriage certificate.

Regulations: Image File history File linksMetadata Size of this preview: 450 × 600 pixel Image in higher resolution (1512 × 2016 pixel, file size: 404 KB, MIME type: image/jpeg) picture of girl signing a nikahnama, the muslim marriage certificate I, the creator of this work, hereby release it into the public domain. ... Image File history File linksMetadata Size of this preview: 450 × 600 pixel Image in higher resolution (1512 × 2016 pixel, file size: 404 KB, MIME type: image/jpeg) picture of girl signing a nikahnama, the muslim marriage certificate I, the creator of this work, hereby release it into the public domain. ...

  • It is aimed to be permanent, but can be terminated by husband engaging in the Talaq (divorce) process or the wife seeking a divorce.
  • The couple inherit from each other.
  • A legal contract is signed when entering the marriage.
  • The husband must pay for the wife's expenses.

If a divorce date is determined in the Nikah contract: A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... Nikah or nikkah (Arabic: النكاح ), is the contract between a bride and bridegroom and part of an Islamic marriage, a strong covenant (mithaqun Ghalithun) as expressed in Quran 4:21). ...

  • In Sunni jurisprudence, the contract is voided.
  • In Shia jurisprudence, the contract is transformed into a Nikah Mut'ah.

Requirement of witnesses: It has been suggested that Mutta marriage be merged into this article or section. ...

Sunni Islam (Arabic سنّة) is the largest denomination of Islam. ... Shiʻa Islam (Arabic شيعى follower; English has traditionally used Shiite) makes up the second largest sect of believers in Islam, constituting about 30%–35% of all Muslim. ...

Nikah Mut'ah

Main article: Nikah Mut'ah

Nikah Mut'ah (Arabic: نكاح متعة,, literally: to have sex for satisfaction[2]), (often referred as "fixed-time marriage" since many of these marriages have a time limit), is the second form of marriage although not explicitly stated in the Qur'an in 4:24 but one can infer. There is controversy on the Islamic legality of this type of marriage, since Sunnis believe it was abrogated by Muhammad, while Shias believe it was forbidden by Umar and hence that ban may be ignored since Umar had no authority to do so. The Qur'an itself doesn't mention any cancellation of the institution. Nikah Mut'ah sometimes has a preset time period to the marriage, traditionally the couple do not inherit from each other, the man usually is not responsible for the economic welfare of the woman, and she usually may leave her home at her own discretion. Nikah Mut'ah also does not count towards a maximum of wives (four according to the Qur'an). The woman still is given her mahr, and the woman must still observe the iddah, a period of four months at the end of the marriage where she is not permitted to marry in the case she may have become pregnant before the divorce took place. This maintains the proper lineage of children. It has been suggested that Mutta marriage be merged into this article or section. ... It has been suggested that Mutta marriage be merged into this article or section. ... The Qur’ān [1] (Arabic: , literally the recitation; also sometimes transliterated as Quran, Koran, or Al-Quran) is the central religious text of Islam. ... Muhammad in a new genre of Islamic calligraphy started in the 17th century by Hafiz Osman. ... For other uses, see Umar (disambiguation). ... A dowry is a gift of money or valuables given by the brides family to that of the groom to permit their marriage. ... It is requested that this article, or a section of this article, be expanded. ...


Who may be married?

Polygamy in Islam is permitted under a few conditions. Women are not allowed to engage in polyandry, whereas men are allowed to engage in polygyny. This is a sub-article to Polygyny and Islamic marital jurisprudence In Islam, polygamy is allowed and practised under certain restricted conditions. ... In social anthropology and sociobiology, polyandry (Greek: poly- many, andros- man) means a female forming a sexual union with more than one male. ... The term polygyny (neo-Greek: poly+gune Many + Wives) is used in related ways in social anthropology and sociobiology. ...


Other religions

Islamic jurists have traditionally held that Muslim women may only enter into marriage with Muslim men,[3] although some contemporary jurists question the basis of this restriction.[3][4][5] On the other hand, the Qur'an explicitly allows Muslim men to marry chaste women of the People of the Book, a term which includes Jews, Sabians, and Christians.[6][3] However, fiqh law has held that it is makruh (reprehensible) for a Muslim man to marry a non-Muslim woman in a non-Muslim country.[3] The term People of the Book (Hebrew עם הספר, Am HaSefer) is used in Judaism where it refers specifically to the Jewish people and the Torah. ... Not to be confused with Sabaeans, who were ancient people living in what is now Yemen. ... This article is about the religous people known as Christians. ...


Restricted relations

Marriage is forbidden between certain blood relations (although not between cousins) and between those individuals who were both breastfed by the same woman (see wetnurse). See also mahram for a fuller discussion of unmarriageable kin; Muslims are free to marry anyone not in these prohibited classes. A cousin couple is a pair of cousins with a romantic or sexual relationship. ... An infant breastfeeding International Breastfeeding Symbol (Matt Daigle, Mothering magazine contest winner 2006) Breastfeeding is the feeding of an infant or young child with milk from a womans breasts. ... A wet nurse is a woman who nurses a baby not her own. ... In Islamic sharia legal terminology, a mahram (Arabic محرم, also transcribed mahrim or maharem) is an unmarriageable kin with whom sexual intercourse would be considered incestuous, a punishable taboo. ...

Narrated Abu Huraira: The Prophet forbade that a woman should be married to a man along with her paternal aunt or with her maternal aunt (at the same time). Az-Zuhri (the sub-narrator) said: There is a similar order for the paternal aunt of the father of one's wife, for 'Ursa told me that 'Aisha said, "What is unlawful because of blood relations, is also unlawful because of the corresponding foster suckling relations." Sahih Bukhari: Volume 7, Book 62, Number 46

Narrated Ibn 'Abbas: It was said to the Prophet, "Won't you marry the daughter of Hamza?" He said, "She is my foster niece (brother's daughter). " Volume 7, Book 62, Number 37

Age limits and arranged marriages

No age limits have been fixed by Islam for marriage. An engagement may be arranged between families for their children, but Islamic requirements for a legal marriage include the requirement that both parties are able to give informed legal consent (ijab-o-qubul). A marriage without this consent or performed under coercion is considered void and may be annulled on those grounds.


It is Islamic tradition that a wedding not commence until both parties are fit for sexual relations.[7]


Adulterers

Islam does not give adulterous men the right to marry a chaste woman and nor may an adulterous woman marry a chaste man, except if the matter has not gone to court and the two purify themselves of this sin by sincere repentance.[8][9] "Women of purity are for men of purity, and men of purity are for women of purity "(Quran 24:26)


Other

A woman or man may propose marriage directly or through an intermediary (matchmaker). Matchmaking is any expert-run process of introducing people for the purposes of dating and mating, usually in the context of marriage. ...


Recognition or celebration of same sex marriage is completely unjustified in the view of Islamic law. In Islam, homosexuality is forbidden by Qur'anic injunctions and Islamic tradition. For age-structured homosexuality, see Pederasty in the Middle East Islamic views on homosexuality are as varied as those of most other major religions and have changed throughout history. ...


A marriage is registered by the Qadhi who performs the short ceremony.


Unlike the wedding ring in Western societies, there is no visible sign worn to show a woman or a man is married. However, some Muslims have found the wedding ring to be a non-religious tradition and have used them. A wedding ring or wedding band consists of a precious metal ring, in certain countries (UK, USA, Brazil) worn on the base of the left ring finger – the fourth finger (counting from the thumb) of the left hand. ...


Mahr

Main article: Mahr

Mahr is a mandatory gift given by the groom to the bride. Unlike a bride price, however, it is given directly to the bride and not to her father. Although the gift is often money, it can be anything agreed upon by bride and groom such as a house or viable business that is put in her name and can be run and owned entirely by her if she chooses. A dowry is a gift of money or valuables given by the brides family to that of the groom to permit their marriage. ... Bride price also known as bride wealth or a dower is an amount of money or property paid to the parents of a woman for the right to marry their daughter. ...


Islamic Marriage Contract

The purpose, rules, and regulations of the Islamic Marriage Contract. A Muslim marriage is not a 'sacrament', but a simple, legal agreement in which either partner is free to include conditions. These conditions are stipulated in a written contract. Violating any of the conditions stipulated in this contract is legal grounds for a partner seeking divorce. The first part of the Nikah, 'marriage ceremony' is the signing of the marriage contract itself. When a couple decides to marry, they draw up a Marriage contract. ... When a couple decides to marry, they draw up a Marriage contract. ...


Various traditions may differ in how Nikah is performed because different groups accept different texts as authoritative. Therefore, Sunnis will likely accept Bukhari Hadith while Shia will have their own collections, for example Furu al-Kafi, thus producing different procedures. This contract requires the consent of both parties. There is a tradition, outside of the religion, in some Muslim countries to pre-arrange a marriage for young children. However, the marriage still requires consent for the wedding to legally take place.


Divorce is not forbidden as a last resort, however the dissolution of the contract, Talaq, is often described as the most disliked of permissible things in Islam and should be used as a last resort. Talaq. ...


Walima

Main article: Walima

The Walima is a dinner given by the groom's side of the family to celebrate the welcoming of the bride to the family and the consummation of the wedding. It is a strong sunnah (something Muhammad did) and it is recommended to be held on the earliest possible day after consummation as possible. Walima (Arabic: وليمه ), or the marriage banquet, is one of the two traditional parts of an Islamic wedding. ... Walima (Arabic: وليمه ), or the marriage banquet, is one of the two traditional parts of an Islamic wedding. ...


Behavior within marriage

Rights and obligations of spouses

Islam advocates a role-based relationship between husband and wife. Islam advocates a harmonious relationship between husband and wife. ...

Narrated Ibn 'Umar: The Prophet said, "All of you are guardians and are responsible for your wards. The ruler is a guardian and the man is a guardian of his family; the lady is a guardian and is responsible for her husband's house and his offspring; and so all of you are guardians and are responsible for your wards." Sahih Bukhari:Volume 7, Book 62, Number 128

It puts the main responsibility of earning over the husband. Both are obliged to fulfill the other's sexual needs. Husbands are asked to be kind to their wives and wives are asked to be obedient to their husbands. However, when the wife's clearly rebellious behavior is preventing mediation between the two, the husband shall urge his wife to mend her ways, and if that is unsuccessful, to refuse to share their bed with her to express the seriousness of the disagreement, and finally, husbands are allowed to admonish their wives by light physical exertion. The books of fiqh describe this physical expression as not leaving any mark on her body, not upon her face, and with the same strength as would be exerted through striking with a toothbrush. This is all assuming the husband is in the right, and such mediative tactics will prevail in restoring the correct understanding of the man. If, however, the man is in the wrong, these mediative tactics will have no success, and that is proof that the man need to mend his approach towards the disagreement. These are last resort tactics that the husband, if he his wise, should use rarely in order to maintain his credibility.


Sexuality

Main article: Sexuality in Islam

Sexuality in Islam is largely described by the Qur'an, Islamic tradition, and religious leaders both past and present as being confined to marital relationships between men and women. While most traditions discourage celibacy, all encourage strict chastity and modesty with regards to any relationships across gender lines, holding forth that intimacy as perceived within Islam -- encompassing a swath of life more broad than strictly sex -- is to be reserved for marriage. Sexuality in Islam is largely described by the Quran, Islamic tradition, and religious leaders both past and present as being confined to marital relationships between men and women. ... Image File history File links Merge-arrow. ... Sexuality in Islam is largely described by the Quran, Islamic tradition, and religious leaders both past and present as being confined to marital relationships between men and women. ...

Narrated 'Abdullah: 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 desire." Volume 7, Book 62, Number 4:

[2]


While adulterous relationships are strictly forbidden, permissible sexual relationships within marriage are described in Islamic sources as great wells of love and closeness for the couple involved. Sexual relationship between married couples are even source of rewards from God as doing the oppositie i.e. satisfying sexual needs through illicit means has punishment. Specific occasions -- most notably daytime fasting and menstruation -- are times forbidden for intercourse, though not for other ways of touching and being close to one another. Anal sex with one's wife is also strictly prohibited.


Gender roles

Main article: Gender roles in Islam

In Islamic theology, both sexes are generally considered to be equal in value and differences between the sexes are recognized, resulting in different rights, obligations, and distinct roles. This article is about gender roles, in families and relationships between men and women, in Islam. ...


Women are expected to be home-makers and caregivers to their children, and it is generally considered a good thing if they are educated as well. Traditional interpretations of Islam supports the traditional division of labour whereby women assume the main responsibility for the home while men are responsible for supporting their wives. Motherhood is seen as one of the most important roles in society. Muslim wives and mothers should be granted the respect due to all women for the struggles and sacrifices they make for the sake of their families. Mother has been given three times higher status over father. In most interpretations of Islam, Muslim women may seek a higher education, work outside the home or volunteer their services to benefit the community as long as their primary responsibilities are taken care of, they have the permission of their husbands and they do not compromise their faith in doing so (i.e. jobs that require them to dress in a fashion that is contrary to the Sharia -- Hijab). This article is about Islamic religious law. ... “Higab” redirects here. ...


Childrearing

Main article: Islam and children

This article discusses childrens rights given by Islam, childrens duties towards their parents, parents treatment of their children, both males and females, biological and foster children, also discussed are some of the differences regarding rights with respect to different schools of thoughts. ...

Adoption

Main article: Islamic adoption

Islam has its own rules of regulations regarding adoption, with distinct rules and regulations prior to and after the legal adoption. Muslims are not allowed to adopt. Muslims are usually required to let any such children continue the lineage of their birth parents, and are not allowed to make the adopted children to continue the adopted parents' lineage. To meet Wikipedias quality standards, this article or section may require cleanup. ...


Divorce

Main article: Talaq (Nikah)

The typical way to end a is through Talaq, a legal Islamic divorce. Divorce is very disliked in Islaam. However, it is still legal and can be practiced. To meet Wikipedias quality standards, this article or section may require cleanup. ... To meet Wikipedias quality standards, this article or section may require cleanup. ...


Triple talaq is a (controversial) practice in which the couple instantly divorces by declaring the intention three times and thus making sexual relations between them haram for each other. However Islamic tradition maintains that divorce cannot be final until after a period called 'Iddah, that is the period of three months or more specifically three menstrual cycles, so that it is evident that the wife is not pregnant. Furthermore, after the divorce is final the couple may not remarry until the wife has married and divorced another. Triple Talaq is a controversial Sunni Islamic procedure whereby a husband can divorce his wife by saying to her talaq, talaq, talaq (I divorce you, three times). ... harām (Arabic: حرام Ḥarām, Turkish: Haram, Malay: Haram) is an Arabic word, used in Islam to refer to anything that is prohibited by the faith. ... The menstrual cycle is the periodic change in a womans body that occurs every month between puberty and menopause and that relates to reproduction. ...

Narrated Nafi: Ibn 'Umar bin Al-Khattab divorced his wife during her menses. Allah's Apostle ordered him to take her back till she became clean, and when she got another period while she was with him, she should wait till she became clean again and only then, if he wanted to divorce her, he could do so before having sexual relations with her. And that is the period Allah has fixed for divorcing women. Whenever 'Abdullah (bin 'Umar) was asked about that, he would say to the questioner, "If you divorced her thrice, she is no longer lawful for you unless she marries another man (and the other man divorces her in his turn).' Ibn 'Umar further said, 'Would that you (people) only give one or two divorces, because the Prophet has ordered me so." Sahih Bukhari:Volume 7, Book 63, Number 249

Narrated Yunus Ibn Jubair: Ibn 'Umar divorced his wife while she was having her menses. 'Umar asked the Prophet who said, "Order him (your son) to take her back, and then divorced her before her period of the 'Iddah has elapsed." I asked Ibn 'Umar, "Will that divorce (during the menses) be counted?" He replied, "If somebody behaves foolishly (will his foolishness be an excuse for his misbehavior)?" Volume 7, Book 63, Number 250

See also

In virtually all religions, marriage is a long-term union between two people and is established with ceremonies and rituals. ... This article or section seems to contain too many quotations for an encyclopedia entry. ... Nikah Ijtimah (English: Combined marriage ) is a form of polyandry that existed in the Pre-Islamic period in the Arabian peninsula. ... Islam advocates a harmonious relationship between husband and wife. ...

External links

  • VIDEO: A French Muslim Convert Talks about Hijab and Marriage
  • crescentlife.com's "Fundamentals of a happy marriage", credited to Shahina Siddiqui. A Muslim view of marriage structured around "21 F's", words beginning in F such as Faith, Forgiving, Forget, Forbearance, and so on. Similar content exists in multiple other sources, credited to various authors or uncredited.
  • Muslim Marriage
  • The Wali in Islam:1,2,3,4,5

Shahina Siddiqui is Executive Director of The Islamic Social Services Association of the United States and Canada (ISSA). ...

References

  1. ^ http://www.sensagent.com/dictionnaires/ar-en/نكاح/ALEXMN/
  2. ^ http://www.sensagent.com/dictionnaires/ar-en/نكاح/ALEXMN/
  3. ^ a b c d On Christian Men marrying Muslim Women
  4. ^ Imam Khaleel Mohammed's defense of inter-faith marriage
  5. ^ Asharq Al-Awsat Interviews Sudanese Islamist leader Dr. Hassan Turabi
  6. ^ Qur'an, [Qur'an 5:5]
  7. ^ Levy, p.106
  8. ^ Qur'an, [Qur'an 24:3], [Qur'an 2:221]
  9. ^ Javed Ahmed Ghamidi, Mizan, Chapter:The Social Law of Islam, Al-Mawrid


 

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