Islamic marriage contract
An Islamic marriage contract is considered an integral part of an
Witnessing
In
In
Authorization
Marriages are usually not held in
Contract
The
The Quran states that you should love your husband or wife, however, divorce is not forbidden. The lifestyles men and women go through following a divorce are very different, women must participate in a period of abstinence and remain single for a period of time. This period of abstinence and being single allows for the father, if the wife was pregnant before the divorce, to know if the unborn child belongs to them or not.[5]
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Among the stipulations that can be included in the marriage contract include giving up, or demanding, certain responsibilities.[6] The contract may also be used to regulate the couple's physical relationship, if needed.[citation needed]
The marriage contract can also specify where the couple will live, whether or not the first wife will allow the husband to take a second wife without her consent. The wife has the right to initiate divorce, it is called khula. She either gives back the dowry (mahr) or does not, depending on the reason for divorce. The man has the right to divorce. The marriage contract somewhat resembles the marriage settlements once negotiated for upper-class Western brides, but can extend to non-financial matters usually ignored by marriage settlements or
Purposes
One important purpose of the contract is to make sexual intercourse legal. This is supported by various Hadiths and quotations:
- Narrated 'Uqba: The peace and blessings of Allah be upon him) said: "The stipulations [in the marriage contract] most entitled to be abided by are those with which you are given the right to enjoy the (women's) private parts."
Al-Mughni (by Ibn Qudaamah), Kitab al Nikah:[9]
- ... the Prophet (peace and blessings of Allah be upon him) [said]: "The most deserving of conditions to be fulfilled are those by means of which sexual intercourse becomes permissible for you."
Cited in (Al Aqad, 2014) the common problem of translation of marriage contracts is due to the varieties of word synonyms in the legal Arabic system which have no equivalence in the English system in terms of marriage contracts, such as: مهر, شبكه, صداق - Mahr, Shabkah, Sadaq- (dowry), whereas, all of these examples attributed and affected by the culture and tradition of the Arabic language.[10]
Interfaith marriage
One main problem with interfaith marriage as seen in the Islamic community is the fear that one might abandon their faith or their children will not grow up in it.[11] Another issue that can arise is the conflict directly between the two married individuals if their religious traditions get in the way of the other, leading to a debate of which religion should be the more prominent one in the relationship.
See also
- Islamic marital jurisprudence
- Islamic marital practices
- Islamic sexual jurisprudence
- Islamic views on slavery and concubinage
- Islamic views on prostitution
- Mahr, a mandatory payment, paid or promised to be paid by the groom or his father to the bride at the time of marriage
- Marriage in Islam
- Minangkabau marriage, marriage practices of West Sumatra, Indonesia
- Nikah Halala, the marriage of a woman to a second man after a triple talaq (divorce)
- Nikah Ijtimah, a pre-Islamic form of marriage
- Nikah Misyar, a marriage practice in Sunni Islam
- Nikah mut‘ah, a form of temporary marriage in Shia Islam, also known as sigeh or sigheh in Iran
- Nikah 'urfi, a "customary" Sunni Muslim marriage contract
- Rights and obligations of spouses in Islam
- Women in Islam
- Divorce in Islam
- Ketubah, the Jewish marriage contract
References
- ^ The Guardian Islamic faith marriages not valid in English law, appeal court rules, 14 February 2020
- ^ "Marriage in Shia & Sunni Law- an Basic Outline". 29 November 2020.
- ISBN 9781416207153.
- ^ "Malaysia - the advent of Islam | Britannica".
- ISBN 9783030835828.
- ^ al-Mughni of Ibn Qudamah Vol. 9, Page 483
- ^ "Sahih Bukhari, Book 62, #81". Archived from the original on June 14, 2007.
- ^ "Sahih Bukhari Vol. 4". Academia. Retrieved 12 Jul 2020.
- ^ Marriage: According to the Qur'an and Sunnah Archived 2012-02-14 at the Wayback Machine, Muttaqun.com
- ^ Al Aqad, Mohammed H. (2014). "Translation of Legal Texts between Arabic and English: The Case Study of Marriage Contracts". Arab World English Journal. 5 (2): 110–121.
- ^ "When Muslims Intermarry". The Interfaith Observer. Retrieved 2021-11-23.
External links
- Articles / Knowledge on Marriage within Islam at muslimwedding.org