MARRIAGE INTRODUCTION

Marriage (nikah) is a solemn and sacred social contract between bride and groom. This contract is a strong covenant (mithaqun Ghalithun) as expressed in Quran 4:21). The marriage contract in Islam is not a sacrament. It is revocable. Both parties mutually agree and enter into this contract. Both bride and groom have the liberty to define various terms and conditions of their liking and make them a part of this contract.

1. IMPORTANCE OF MARRIAGE IN ISLAM

Marry those among you who are unmarried and your slaves and slave girls who are righteous. If they are poor Allah will enrich them from His overflowing favour. (Surah an Noor: Ayah 32) Allah has created men and women as company for one another, and so that they can procreate and live in peace and tranquility according to the commandments of Allah and the directions of His Messenger. These verses of the Noble Qur'an clearly show that in contrast to other religions like Christianity, Buddhism, Judaism etc. which consider celibacy or monasticism as a great virtue and a means of salvation, Islam considers marriage as one of the most virtuous and approved institutions. It is following the guidance of our beloved Prophet [peace be upon him] and the Messengers of Allah. An aspect of Allahs love for the human race lies in enabling them to have children perpetuate the human species. The child is the goal of both the legal contract and the physical pleasure it sanctions. However, there is no pleasure in the life of the Muslim which does not entail subsequent responsibility as shown in this case by the upbringing of children.

2. BENEFITS OF MARRIAGE

The mothers shall give such to their offspring for two whole years, if the father desires to complete the term. But he shall bear the cost of their food and clothing on equitable terms. No soul shall have a burden laid on it greater than it can bear. No mother shall be Treated unfairly on account of her child. Nor father on account of his child, an heir shall be chargeable in the same way. If they both decide on weaning, by mutual consent, and after due consultation, there is no blame on them. If ye decide on a foster-mother for your offspring, there is no blame on you, provided ye pay (the mother) what ye offered, on equitable terms. But fear Allah and know that Allah sees well what ye do. (Al-Baqarah:233)

This is a Quranic command for the mothers to suckle (breastfeed) their children for a period of two years. The wisdom of breastfeeding the children has been instilled in the Muslims through this Qur'anic revelation. Those who followed this Qur'anic command raised mentally and physically healthy Muslim children. Breast-feeding has many advantages. For baby, they have their nutritional advantage. The milk of mothers has a high concentration of lactose (milk sugar). The proteins (largely whey proteins) are much more easily digested than the proteins in formula based on cow's milk. The composition of the milk of mothers who are breastfeeding varies during the time of the day and during the feeding.

The hind milk (latter part of a breastfeeding) has a much higher fat content than milk produced during the beginning portion of the feeding.

3. THE DEGREE BY WHICH THE HUSBAND HAS GREATER RIGHT

"Men are the {qawwam} of women, because Allah has given the one more than the other, and because they support them from their means. Therefore the righteous women are {qanitat}, and guard in the husband's absence what Allah would have them guard. As to those women on whose part ye fear{nushuz}, admonish them first, then refuse to share their beds, and finally {adriboo} them; but when they {ataa:} to you, then seek not against them means of annoyance: For Allah is Most High, great above you all. " (4:34) In this quranic ayat says that when a wife causes a problem in the marriage, her husband should first talk to her about it, then leave their bed, then beat her and all of this in view of increasing his chances of a reconciliation. On the emotional level, this certainly does not sound like a very promising course of action. Men are the protectors and maintainers of women, because Allah has made one of them to excel the other, and because they spend (to support them) from their means. Therefore the righteous women are devoutly obedient (to Allah and to their husbands), and guard in the husband's absence what Allah orders them to guard (e.g. their chastity, their husband's property, etc. But if they return to obedience, seek not against them means (of annoyance). Surely, Allah is Ever Most High, Most Great.

4. POLYGAMY

"You will NEVER BE ABLE TO DEAL JUSTLY between wives however much you desire (to do so). But (if you have more than one wife) do not turn altogether away (from one), leaving her as in suspense" (Quran 4:129)

While the provision for polygamy makes the social system flexible enough to deal with all kinds of conditions, it is not necessarily recommended or preferred by Islam. Taking the example of the Prophet Muhammad (saw) is instructive. He was married to one woman, Khadijah (ra), for twenty-five years. It was only after her death when he had reached the age of fifty that he entered into other marriages to promote friendships, create alliances or to be an example of some lesson to the community; also to show the Muslims how to treat their spouses under different conditions of life. Islam wants people to be married and to develop a good family structure. Also, Islam realized the requirements of the society and the individual in special circumstances where polygamy can be the solution to problems. Therefore, Islam has allowed polygamy, limiting the number of wives to four, but does not require or even recommend polygamy.

5. DIVORCE

"If ye fear a breach between them twain, appoint (two) arbiters, one from his family, and the other from hers; if they wish for peace, God will cause their reconciliation: For God hath full knowledge, and is acquainted with all things." (Quran 4:35)

The Prophet of Islam told the believers that: "Among all the permitted acts, divorce is the most hateful to God". A Muslim man should not divorce his wife just because he dislikes her. The procedure of divorce in Islam is such as to encourage reconciliation where possible. After divorce the woman should wait three monthly cycles during which her husband remains responsible for her welfare and maintenance. He is not permitted to drive her out of the house during this period. She has been advised not to leave the house of the divorcing husband, in order to enhance the chances of reconciliation, as well as to protect her right of sustenance during the three months waiting period. The main purpose of this waiting period is to clarify whether the divorced wife is or is not expecting a child. Its second use is as a cooling-off period during which the relatives and other members of the family or of the community may try to help towards a reconciliation and better understanding between the partners.

6. WOMEN THAT ILLEGAL TO BE MARRIED

And marry not women whom your fathers married,- except what is past: It was shameful and odious,- an abominable custom indeed. (Surah An-Nisaa '- verse 22) Women that illegal to marry were divided into two parts which is forever illegal and illegal for a while. The reasons for marriage become illegal are illegal by reason of descent, because of milk and because of affinity (musyaharah). Also, forbidden to married the Mother and grandmother to the top, children and grandchildren to bottom half-sister, father, paternal aunt (paternal sisters) to the top, maternal aunt (sister mother's side) to the top, nephew of the brothers to bottom and nephew of the sisters down. While being married to a woman, a man cannot marry her sister or any of her aunts. If a person divorces his wife three times, it is not allowed for him to marry her again unless and until she marries someone else (not as a trick to get back to him), consummates that marriage and that marriage is subsequently legally ended, any woman if a man already has four wives and marrying a slave girl when one is already married to a free woman are some of the examples of those that are forbidden to marry for temporary reasons.

7. MAHR (DOWRY)

And give the women [upon marriage] their [bridal] gifts graciously. But if they give up willingly to you anything of it, then take it in satisfaction and ease. [Al-Quran 4:4] From the above hadith it is clear that dowries can be made from anything as long as the thing and useful whether in money, goods or things that are valuable. As the Prophet is reported that marry a man who has nothing for dowries and the Prophet made it asked the man, whether on you (hafaz) a bit of verse, the man responded that it was considering a few verses and the Prophet already married the man with the dowry that the man had taught to the woman who would become his wife. Dowries are not limited by the legislation more or less, so to determine how much, or at least be up to the parties and based on his status or rank of the bride and the Islamic law does not encourage the dowries that are too high cause difficulties for the men.

8. RUJU

Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this [period] if they want reconciliation. And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]. And Allah is Exalted in Might and Wise. (2:228)

Ruju in terms refer to Islamic law is to restore the women to marriage after the divorce less than three times in that period, with certain conditions which is a husband who wanted to consult his wife did not have to get approval to ex-wife advance and a husband who has divorced his wife in a divorce or two, it should be for him to turn to her for his wife was still in the waiting period that refer to the husband's right, not a right of his wife.

Conditions of remarriages after divorce three are completion of the first period, from her husband, ex-wife married to another man, second husband had sexual intercourse with her, divorced second husband, fasakh, or death (the expiry of waiting period), upon the expiry of their term, the first husband and his ex-wife could return with a new marriage contract under the terms and tenets marriage are determined.

9. ZINA ( FORNICATION )

" And come not near to unlawful sexual intercourse (Zina). Verily, it is a faahishah (anything that transgresses its limits-a great sin) and an evil way (that leads one to Hell unless Allah forgives him). Surah, al-Isra', 17: 32. This means not doing any deed that may get close to Zina, or lead to it such as being alone with a member of the opposite sex, touching, looking, going to evil places, speaking a haraam manner to a woman to whom one is not related, thinking about and planning immoral acts, etc. According to the majority of scholars, in its legal meaning Zina is the voluntary sexual intercourse outside of marriage when the male sexual organ is inserted inside the female one, regardless of the number of times. The act of Zina is committed voluntarily, thus rape is not Zina and any sexual act under constraint is not Zina as well. Also, there should be no doubt that the two partners are not married to one another; any doubt in this sense makes the act not Zina.

10. A WOMAN CAN BE ADMITTED INTO PARADISE ONLY BY PERMISSION OF HER HUSBAND

O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted. (49:13) In addition to the hadiths that condemn her, the admission of woman to paradise depends on her husbands satisfaction and approval. If a woman dies, she may go to paradise if her husband happens to be satisfied with her. The laudable woman is she who endures her husbands frivolities and occasional unfaithfulness, thanks to which she will be admitted to paradise. As we can see, the Quran makes no distinction between nations, tribes and sexes. Yet, woman has been considered as an instrument likely to lead a man to hell. There are four things that invalidate a mans prayer: a black dog, a donkey, a pig and a woman. There are three things that are inauspicious: a woman, a house and a horse.

11.MUTAAH MARRIAGE

O you who have believed, it is not lawful for you to inherit women by compulsion. And do not make difficulties for them in order to take [back] part of what you gave them unless they commit a clear immorality. And live with them in kindness. For if you dislike them - perhaps you dislike a thing and Allah makes therein much good.(4:19) Mutah marriage means that a man marries a woman either Muslim or from the people of the Book, and specifies how long the marriage will last, for example five days, or two months, or half a year, or many years. The beginning and end of the marriage are specified, and he pays her a small mahr (dowry), and after the specified time is over, the woman exits the marriage. Mutah marriage is considered to be zinaa (adultery or fornication), even if both parties consent to it, and even if it lasts for a long time, and even if the man pays the woman a mahr. There is nothing that has been reported in shareeah that shows that it may be permitted, apart from the brief period when it was allowed during the year of the conquest of Makkah. That was because at that time there were so many people who has newly embraced

Islam and there was the fear that they might become apostates, because they had been used to committing zinaa during the Jaahiliyyah. So this kind of marriage was permitted for them for three days, then it was made haraam until the Day of Resurrection

12.DAYS & TIMES FOR SEX

And they ask you about menstruation. Say, "It is harm, so keep away from wives during menstruation. And do not approach them until they are pure. And when they have purified themselves, then come to them from where Allah has ordained for you. Indeed, Allah loves those who are constantly repentant and loves those who purify themselves."(2:222) According to the shari'ah, the duration of the monthly period is between three to ten days. If the bleeding was for less than three days, it is not menstruation; if it is for more than ten days, then it is menstruation for ten days and then it is counted as istihazah, irregular bleeding during which sex is permitted. The prohibition of sex during the periods is limited strictly to sexual intercourse; other intimate contact (with the exception of the vagina and anus) is allowed. However, it is better not to play with her body between the navel and the knees. If a person who is engaged in sexual intercourse with his wife discovers that her period has begun, then he should immediately withdraw from her. It is clear from the verse mentioned above (until the blood stops)that once the blood has stopped, intercourse becomes lawful even if the woman has not performed the major ritual ablution (ghusl).But on the basis of the subsequent sentence (then when they have cleansed themselves...), most mujtahids say that it is better to refrain from intercourse till she performs the ghusl or, at least, washes her private parts.

13. WALI

Say, "Who is it that can protect you from Allah if He intends for you an ill or intends for you a mercy?" And they will not find for themselves besides Allah any protector or any helper. (33:17) The wali is the represention/mediator/guardian for women seeking marriage. Women who have previously had marital relations with a man, can represent themselves and do not have to have a wali for seeking the husband, but they WILL need a wali for the actual marriage contract, i.e. Regardless, she still must not be alone with a non-mahram man, and she MAY of course, and is encouraged to, have a wali be involved to whatever level she is comfortable with. All of this is for her protection, so that she may be protected from inquiries by inappropriate men and possibly "fall in love" and regret it later. This way, the men's character is first screened for her, still leaving her with the ultimate decision. In all cases, the woman must consent to the marriage or the marriage can be ruled invalid. Virgins need not speak up to declare that they want a marriage; simply not speaking out against the marriage (her silence) is sufficient consent for a virgin.

14. RIGHTS OF THE HUSBAND AND WIFE

And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant? (4:21) Clearly, husband and wife have even greater rights and obligations toward each other due to the great and important contract which has been transacted between them and on which basis they live together. In the Quran, Allah states that if a husband wishes to divorce one wife and marry another that he may not take back any of the dowry which was given no matter how large it was.

Because of this "awesome covenant", rights and obligations between husband and wife should not be looked at coldly or legalistically. Spouses should strive to make other happy and take into consideration the needs, abilities and weaknesses of the other. Since in most cases, neither spouse is completely fulfilling their obligations, they should both realize and acknowledge their own shortcomings.

15.NUSHUZ

And if a woman fears from her husband contempt or evasion, there is no sin upon them if they make terms of settlement between them - and settlement is best. And present in [human] souls is stinginess. But if you do good and fear Allah - then indeed Allah is ever, with what you do, Acquainted. If it becomes clear to her that the signs of nushuz are confirmed and he is turning away from her out of dislike for her and wishing to be away from her, then there is no sin upon either of them if the "work out terms of peace". This means that she may give up some of her due rights in order to stay in the marriage. For example, she may give up some of her rights to support, housing or equality of nights with other wives in order to remain under his protection and in the marriage. Or, she may give up some or all of her dowry in exchange for his divorcing her.

NAME : HANEESAH MOHD GHAZALI MATRIC NO : 111067 GROUP : 210 COURSE : AED