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Conditions for the marriage contract

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  • Conditions for the marriage contract

    Question: :confused:
    What exactly constitutes a guardian, as is needed in the nikkah ceremony. I am a female Muslim, and I want to know if my brother is acceptable for this role.


    Answer:


    Praise be to Allah.


    There are three pillars or conditions for the marriage contract in Islam:


    1. Both parties should be free of any obstacles that might prevent the marriage from being valid, such as thier being mahrams of one another (i.e. close relatives who are permanently forbidden to marry), whether this relationship is through blood ties or through breastfeeding (radaa') etc., or where the man is a kaafir (non-muslim) and the woman is a Muslim and so on.


    2. There should be an offer or proposal (eejaab) from the walee or the person who is acting in his place, who should say to the groom "I marry so-and-so to you" or similar words.


    3. There should be an expression of acceptance (qabool) on the part of the groomor whoever is acting in his place, who should say, "I accept," or similar words.


    The conditions of a proper nikaah (marriage contract) are as follows:


    1. Both the bride and groom should be clearly identified, whether by stating their names or describing them, etc.


    2. Both the bride and groom should be pleased withone another, because the Prophet -sallallahu 'alayhi wasalam- said: "No previously -married woman (widow or divorcee) may be married until she has been asked her wishes (i.e., she should state clearly her wishes), and no virgin should be married until her permission has been asked (i.e., until she has agree either in words or by remaining silent)." They asked, "O Messenger of Allah, how is her permission given (because she will feel very shy)?" He said: "By her silence." [Al-Bukhari, 4741]


    3. The one who does the contract on the woman's behalf shuld be her walee, as Allah adressed the walees with regard tomarriage (interpretation of the meaning): "And marry those among you who are single..." [al-Noor 24:32] and because the Prophet -sallallahu 'alayhi wasalam- said: "Any woman who marries without the permission of her walee, her marriage is invalid, her marriage is invalid, her marriage is invalid." [Reported by al-Tirmidhi, 1021 and others; it is a saheeh hadeeth]


    4. The marriage contract must be witnessed, as the Prophet -sallallahy 'alayhi wasalam- said: "There is no marriage contract except with a walee and two witnesses." [Reported by Al-TAbaraani; see also Saheeh al-Jaami', 7558]


    It is also important that the marriage be announced, as the Prophet -sallallahu 'alayhi wasalam- said: "Announce marriages." [Reported by Imaam Ahmad; classed as hasan in Saheeh al-Jaami', 1027]






    The conditions of the walee are as follows:


    1. He should be of sound mind


    2. He should be an adult


    3. He should be free (not a slave)


    4. He should be of the same religion as the bride. A kaafir cannot be the walee of a Muslim, male or female, and a Muslim cannot be the walee of a kaafir, male or female, but a kaafir can be the walee of a kaafir woman for marriage purposes, even if they are of different religions. An apostate (one who has left Islam) cannot be a walee for anybody.


    5. He should be of good character ('adaalah -includes piety, attitude, conduct, etc.), as opposed to being corrupt. This is a condition laid down by some scholars, although some of them regard the outward appearance of good character as being sufficient, and some say that it is enough if he is judged as being able to pay proper attention to the interests of the woman for whom he is acting as walee in the matter of her marriage.


    6. He should be male, as the Prophet -sallallahu 'alayhi wasalam- said: "No woman may conduct the marriage contract of another woman, and no woman can conduct the marriage contract on behalf of her own self, because the zaaniyah (fornicatress, adulteress) is the one who arranges things on her own behalf." [Reported by Ibn Maajah, 1782; see also Saheeh al-Jaami', 7298]


    7. He should be wise and mature (rushd), which means being able to understand matters of compatibility and the interests of marriage.


    The fuqahaa' put possible walees in a certain order, and a walee who is more closely-related should not be ignored unless there is no such person or the relatives do not meet the specified conditions. A woman's walee is her father, then whoever her father may have appointed before his death, then her paternal grandfather or great-grandfather, then her son, then her grandfathers sons or grandsoons, then her brother through both parents (full brother), then her brother through her father, then the sons of her brother through both parents, then the sons of her brother through her father, then her uncle (her father's brother through both parents), then her father's brother thgough the father, then the sons of her father's brother through both parents, then the sons of her father's brother through the father, then whoever is more closely related, and so on - as is the case with inheritance. The Muslim leader (or his deputy, such as a qaadi or judge) is the walee for any woman who does not have a walee of her own.


    And Allah knows best.


    Islam Q&A
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  • #2
    Marriages are giving me a headache already.
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    • #3
      marriage

      yes your brother is acceptable to act on your behalf if you dont have a father who would do this for you.
      If you have neither a father or brother, or uncle then you can ask someone at the mosque who has the qualification to represent you as your wali in this matter. You must have one who represents you otherwise the marriage is considered invalid.
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      • #4
        marriages don't always turn out the way you want.
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        • #5
          marriage is half your deen

          Assalam Alaykum.

          marriage is half of your deen.
          marriage is a ship in the storm of life.
          marriage is the fulfilment of your nature.
          marriage is the natural increase of the Muslims.
          marriage is rewarded by Allah.
          so don't avoid it!
          run towards it!
          rest in the shelter of your Muslim home.
          jamila
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          • #6
            just one thing i was wondering about...it might b a bit off-topic...

            Seeing as a man can either divorce his wife or take another if she cant bore him kids..can the wife divorce her husband on the grounds tht he's infertile? This is after trying 4 a long period of time..with no success
            You are not aware of the consequences that would result (if you were granted what you desire) because what you seek might be to your detriment. (O soul) be conscious that your Master is more aware about your well-being than you are.

            ~Ibn Al-Jawzee

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            • #7
              absolutely

              A woman can divorce her husband if he's infertile, and she is able to have children. But I wonder sometimes, why is marriage reduced to subjects? Doesnt anyone marry and stay together out of love anymore?
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              • #8
                aa

                Well..seems like some marriages are only based on the number of kids u can hve in so many years!
                Depends on the ppl in question..after all if one or the other is infertile..then it shatters any dreams they had of having kids..shame really :(
                So..the least they can do, in my opinion, is 2 stay 2gether and help each other through it..divorcing/taking anothr wife wont exactly help the (infertile) person.

                Ws
                You are not aware of the consequences that would result (if you were granted what you desire) because what you seek might be to your detriment. (O soul) be conscious that your Master is more aware about your well-being than you are.

                ~Ibn Al-Jawzee

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                • #9
                  Question about love

                  I was unable to find anything about love in the Qur'an. One verse says some men love possessions, like Women and Horses. Would those who know please cite verses describe romantic love of on gender for the other?

                  Sam
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                  • #10
                    LOL Sam Adams,
                    Theres more to love than romance!
                    Hen
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                    • #11
                      there r differnt and various words used other than love.. read in2 the verses deeply..and u'l c it.
                      You are not aware of the consequences that would result (if you were granted what you desire) because what you seek might be to your detriment. (O soul) be conscious that your Master is more aware about your well-being than you are.

                      ~Ibn Al-Jawzee

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                      • #12
                        Taken from www.ask-imam.com

                        want children-do I leave or stay - I've been married 7 years to a woman 10 years my senior. She is unable to conceive on account of her age.

                        I've been married 7 years to a woman 10 years my senior. She is unable to conceive on account of her age. At the time of our marriage I was not interested in having children, but as I get older I find my urge to have a family grow stronger and stronger. I cannot afford a second wife (even if I could afford a second wife, my present wife would not permit that). I've suggested that she ask her sister in law to let us raise one of her younger children. My wife will not cooperate. As well, fertility treatments are not possible for my wife & would be too expensive. My only option is leaving my wife & marry my friend's sister. Am I committing a sin by leaving my wife for the sake of having children? I'm afraid that Allah will punish me for leaving my wife & causing her pain. However, If I stay with my wife I'll forever regret being childless. It hurts me to see friends & associates with children. I feel empty & alone without my own "flesh and blood" children. Being a "nice uncle" to other people's children is good enough. I want children that I can raise to be good Muslims & who will read Ya Sin for me when I die. I have no brothers, sisters, or other blood relatives to help me in my old age or to pray for me when I die. If I stay with my wife I will regret being childless. If I leave I'll feel guilty, I'll be hurting my wife, & fear that Allah will punish me. What should I do?

                        ************************************************** *

                        This is not a valid reason to divorce her. You will be sinful if you do so.
                        What guarantee do you have that you will get children from the second wife?

                        Allah Ta'ala has perhaps decreed that you have no children. He is All-Wise.
                        Accept this as Allah's will and continue living favourably with her. Also
                        make Du'aas asking Allah to provide what is best for you.

                        and Allah Ta'ala Knows Best

                        Mufti Muhammad Kadwa
                        FATWA DEPT.

                        CHECKED AND APPROVED: Mufti Ebrahim Desai

                        i thought a man/woman cud divorce their significant other if they were infertile..according 2 the above...its not a valid reason... :confused:

                        Ws
                        You are not aware of the consequences that would result (if you were granted what you desire) because what you seek might be to your detriment. (O soul) be conscious that your Master is more aware about your well-being than you are.

                        ~Ibn Al-Jawzee

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                        • #13
                          Assalamu alaikum

                          Ebony I have serious doubts to that verdict, as I am aware that you can divorce on the grounds of not being able to concieve.

                          Again I reitierate these on-line Imams are not to be trusted, where was the evidence for his fatwa?
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                          • #14
                            Ive noticed tht some of these imams give differing views..in most cases, they contradict themselves and each other For e.g the imam on www.ask-imam.com has stated that it is not permissble 4 women 2 cut their hair..they can only trim it..whereas on www.islamway.com (fatwa's regarding women) that imam said it was permissble, so long as it was not so short that they resembled the men. so..u c wat i'm gettin at


                            No evidence for his Fatwa bro

                            Ws
                            You are not aware of the consequences that would result (if you were granted what you desire) because what you seek might be to your detriment. (O soul) be conscious that your Master is more aware about your well-being than you are.

                            ~Ibn Al-Jawzee

                            Comment


                            • #15
                              Cud try2 find it on this website...

                              http://www.fatwa-online.com/

                              Ws
                              You are not aware of the consequences that would result (if you were granted what you desire) because what you seek might be to your detriment. (O soul) be conscious that your Master is more aware about your well-being than you are.

                              ~Ibn Al-Jawzee

                              Comment

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