Islamic marital jurisprudence
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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.
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.
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[edit] Gender roles
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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. A woman may propose marriage to a man directly or through an intermediary. Marriage is a social obligation and is registered by the Kazi who performs the short ceremony. When a couple are to be married, a man must pay mahr (compare: dower) to his bride. Since divorce is allowed in all interpretations of Islam, the amount promised or paid to the bride forms part of her personal property and can be of assistance to her in times of financial need, such as a divorce or desertion by the husband. While the Mahr is usually in the form of cash, it may also be a house or viable business that is put in her name and can be run and owned entirely by her if she so chooses.
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. 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). The decision to work is solely the wives' and any income that a woman earns is her own, to spend as she likes. A hadith narrated in Bukhari states that a man who can afford to marry, should. This establishes that a man remains solely responsible for maintaining his family and must support his wife and children.
In many traditional Muslim societies, women have been and sometimes still are often barred from education by the male members of their families. However, Prophet Muhammad said: "Seeking knowledge is mandatory for every Muslim". Many people interpret this to mean that barring women from obtaining an education is not only against their prerogative but hinders their obligation of educating their children.
[edit] Same Sex Marriages
In Islam, any sexual relation other than a husband and his wife is sin and hence is illegal. Homosexuality or bisexual expression in sodomy activity, like other sexual relations, is strictly forbidden by Qur'anic injunctions as well as prophetic tradition.
Recognition or celebration of samesex marriage is completely unjustified in the view of Islamic law.
The Prophet has stated that the one who does the action of the people of Sodom should be killed as well as the one who it is done to. This statement was first enforced when Muslims had gone in to Iran and had found a man who had married another man. Both were killed.
[edit] Marriage
The purpose, rules, and regulations of the Islamic Marriage Contract. 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.
[edit] 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.
Regulations:
- 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.
- Traditionally, women have been discouraged from marrying a non-Muslim husband, although there is nothing in the Quran nor Sunnah forbidding marriage to Christian or Jewish men, nor making doing so a sin. Men are explicitly allowed to marry from Ahl al-Kitab.
- The husband must pay for the wife's expenses.
If a divorce date is determined in the Nikah contract:
- In Sunni jurisprudence, the contract is voided.
- In Shia jurisprudence, the contract is transformed into a Nikah Mut'ah.
Requirement of witnesses:
[edit] 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 described in the Qur'an in 4:24. 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 women, 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.
[edit] 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 the prophet did) and it is recommended to be held on the earliest possible day after consummation as possible.
[edit] 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 largely to be reserved for marriage. This sensitivity to gender difference and modesty outside of marriage may be perceived in many of the more contemporarily prominent aspects of Islam -- interpretations of Islamic dress and degrees of gender segregation, for example.
While prohibitions against adulterous relationships are strong, permissible sexual relationships are described in Islamic sources as great wells of love and closeness for the couple involved. 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. Issues such as masturbation and homosexuality are frowned upon or outright forbidden; contraceptive use is permitted, as is abortion, though the latter often with great restriction.
[edit] Married life in Qur'an and Sunnah
Explains how an ideal marriage is supposed to look like in the day to day routines, as they are different from other ideals.
[edit] 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 really allowed to adopt children although they can foster them. 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.
[edit] Divorce
[edit] Talaq
The ideal way to end a Nikah is Talaq, a legal Islamic divorce. In Sunni traditions, it is said that "divorce shakes the throne of Allah" and is the most disliked of halal practices. However, it is legal and is widely practiced.
[edit] Triple talaq
A (controversial) Sunni divorce that instantly divorces the couple and makes them haram for each other. It is rejected by Shia Muslims for whom it is considered illegitimate under Islamic law and the Quran.
[edit] Conflicts after a Talaq
[edit] See also
- Polygamy in Islam
- Religious aspects of marriage (for all religions).
- Women in Islam
- Nikah Ijtimah
- Rights and obligations of spouses in Islam
[edit] External links
- 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.
[edit] References
- ^ http://www.sensagent.com/dictionnaires/ar-en/نكاح/ALEXMN/
- ^ http://www.sensagent.com/dictionnaires/ar-en/نكاح/ALEXMN/
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