Validity of Marriage in Islam: Rights, Conditions, and Practices
Etymology
The term marriage in Islamic jurisprudence is referred to as Nikah (نكاح) in Arabic. This derives from the root word nikaah, which signifies ‘union’ or ‘contract’. In Turkish, marriage is known as nikâh.
Qur’anic Reference
“Of women who seem good in your eyes, marry two, or three, or four; and if ye still fear that ye shall not act equitably, then one only; or the slaves whom ye have acquired.”
[Qurʾān, Sūrah An-Nisa, 4:3]
Permissibility and Limitations
According to Islamic law, Muslim men are permitted to marry up to four free women concurrently, provided they can treat them with fairness and equity. The allowance of multiple wives ensures that men are bound by religious and ethical constraints to deal justly with their spouses.
Conditions for a Valid Marriage
Marriage in Islam is considered a civil contract and does not necessarily require a religious ceremony. Certain criteria, however, must be met to validate this contract:
- Consent (Ijab and Qabul): Both parties must freely consent to the marriage, verbally or implied through indirect mannerisms such as smiles or silence for virgins.
- Witnesses: The presence of at least two male witnesses (or one male and two female witnesses) is obligatory.
- Dower (Mahr): A mandatory dowry must be agreed upon, with a minimum value set to not less than ten dirhams. This dower is intended to provide financial security for the woman.
Temporary Marriages (Mut’ah)
The concept of temporary marriage, known as Mut’ah, was initially sanctioned by the Prophet Muhammad but was later abrogated by Sunni schools of thought. Conversely, it remains permissible within Shia jurisprudence and is practiced in countries like Iran.
Legal Capacity for Marriage
Legal capacity in marriage under Islamic law is determined by:
- Understanding and Mental Competence: Both parties must be of sound mind.
- Puberty and Maturity: Majority age is assumed at fifteen years for both sexes. Discretion and Puberty are critical before the marriage can take effect.
A Skeletal Breakdown of Each Jurisprudential School’s Views on Capacity and Wali (Guardianship):
Hanafi and Shia Jurisprudence
- Women of sound mind and mature age can consent to their marriage independently.
- A guardian (Wali) may act, but primarily at the woman’s behest.
Shafi’i and Maliki Jurisprudence
- Adult women require the presence and consent of a Wali for their marriage.
- The Wali’s role is to protect the woman’s interest, with strict orders of precedence in guardianship.
Conclusion
Marriage in Islam is founded upon a contractual agreement ensuring mutual consent, fairness, and financial protection for women. The essential element of marriage under Islamic law is consent, supplemented with legislative forms spanning across different schools of thought to emphasize both individual autonomy and social justice interplay.
Recommended Books for Further Study
- “Personal Law of the Muhammadans” by Syed Ameer Ali
- “Introduction to Islamic Law” by Joseph Schacht
- “Islamic Jurisprudence” by Mohammad Hashim Kamali
- “Marriage and Morals in Islam” by Sayyid Muhammad Rizvi
Takeaways
- Islamic marriage emphasizes mutual consent, fairness, and financial security for women.
- Temporary marriages are contentious, accepted in Shia but not in Sunni jurisprudence.
- Different Islamic schools of thought offer varied interpretations and laws concerning the capacity to marry and the requirement of guardianship.
Understanding these dimensions enriches one’s perspective on the comprehensive yet nuanced Islamic marital laws, reflecting on cultural and legal diversity within Muslim societies.
