Wisdom and Importance of Marriage in Islam
In Islam, marriage is a significant social and legal contract aimed at fostering societal structures, preserving chastity, and enhancing individual and collective well-being. The wisdom behind legislating marriage includes building a cohesive society, protecting societal values, and elevating human dignity through familial bonds. Understanding the basics of choosing a spouse, recognizing the conditions of marriage contracts, and acknowledging the rights and responsibilities of both partners are essential aspects highlighted in Islamic teachings.
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Presentation Transcript
Rulings on Marriage
Objectives Explain the wisdom of legislating marriage Explain the basics of choosing a husband and wife Mention the conditions of a marriage contract Infer the rights of the husband and wife Know of new marriage contracts
What is Marriage in Islam? In Islamic law (sharia), marriage (nik ) is a legal and social contract between two individuals. Islam is totally opposed to monasticism and celibacy. Marriage is an act of Islam and is strongly recommended; the age of marriage being whenever the individuals feel ready, financially and emotionally.
The Wisdom behind legislating marriage: Islam legislated several wisdoms whose benefits return to individuals and society as a whole. 1. Society Building -Marriage is the only means to form a family. The family is the main building block to building a society. Hence, Islam has urged Muslims to marry and made marriage desirous to them. The Messenger said: O young men, whoever among you can afford it , let him get married for it young men, whoever among you can afford it , let him get married for it is more effective in lowering the gaze and guarding one s chastity is more effective in lowering the gaze and guarding one s chastity O
2. Protecting Society -Whenever man preserves chastity and restrains himself from committing forbidden acts, he in fact prohibits himself from committing wrong-doings, thus ultimately achieving protecting of society. -Marriage fortifies society against disintegration because marriage strengthens relations and ties between families and tribes leading to acquaintances and close contact.
3. Attaining Human Sumblimly - Marriage has a magical effect in reffering the human soul and changing its structure. As soon as man- male and female- begins a project of establishing a family, the concepts begins to change and his interests shift because the family has two poles: each one is responsible for preserving the honor of the other. Instinctual desires become organized and the emotions of fatherhood and motherhood begin to grow and establish on enduring presence.
The basics of choosing a husband and wife 1. Religion and good morals - A women s commitment to her religion is a purpose and a goal in itself, which a fianc looks for in his fianc e. This derives from a basic fact: a women who is firmly attached to her religion assists her husband in obeying Allah, Glory be to Him, and in distancing hinself from forbidden things. She stands by his side in the process of establishing a faithful, good family. The Messenger, Peace be upon him, said, A women may be married for four things: her wealth, her lineage, her beauty and her religious for four things: her wealth, her lineage, her beauty and her religious commitment. Seek the one who is religiously commitment. Seek the one who is religiously- -commited prosper prosper A women may be married commited, may you , may you
2. Compatibility between spouses The messenger, Peace be upon him, said: Choose the best for your sperm, and marry compatible women and purpose marriage to them sperm, and marry compatible women and purpose marriage to them Choose the best for your The purpose of this hadith is to establish compatibility between spouses such as similarity in educational level and age. This kind of similarity is desirable because it increases the chances of achieving harmony and affinity, as well as the continuity of co- existence and family preservation.
1. 1. Mutual Acceptance Mutual Acceptance -Acceptance by each spouse of the other is a condition that must be fulfilled as the goal of marriage cannot be fulfilled if one of the spouses is forced to live with a person s/he loathes. The spouse forced into the marriage will not be able to perform maritial duties in the desired manner; hence, in the marriage contract, Islam conditioned that the man should accept to marry the woman and the woman should accept to marry the man. Conditio ns of a marriage contract The Messenger, Peace be upon him, said: A woman without a husband (divorcee or widow) A woman without a husband (divorcee or widow) must not be married until she is consulted, and a must not be married until she is consulted, and a virgin must not be married until her permission is virgin must not be married until her permission is sought. They asked, Allah s Messenger, how can a sought. They asked, Allah s Messenger, how can a virgin s consent be solicited? He said, That she virgin s consent be solicited? He said, That she keeps silent keeps silent
2. the waliy (guardian) -The presence and acceptance of the woman s waliy. A waliy is a sane, adult, fair and wise Muslim, i.e. the father. -If the father is absent for any reason, his substitute is the grandfather, brother or uncle, and so on consecutively. The origin of the condition for the presence of the waliy is the saying of the Prophet, Peace be upon him: Any woman who gets married without the permission of her Any woman who gets married without the permission of her waliy marriage is invalid, her marriage is invalid, her marriage is invalid marriage is invalid, her marriage is invalid, her marriage is invalid waliy, her , her
3. The presence of two witnesses -The Messenger, Peace be upon him, said: There is no marriage except with a guardian and two witnesses with a guardian and two witnesses There is no marriage except -A marriage contract is not valid without witnesses to confirm the marriage and preserve rights, especially in the case of a conflict. -The lack of witnesses to the marriage contract leads to manipulating marriage contracts or forgetfulness and the loss of rights.
4. Religious Suitability -Religious suitability means the equality of spouses in religion; it is not permissible for a Muslim woman to marry a non-Muslim. -Likewise, a Muslim is not permitted to marry a polytheist, who does not believe in an Abrahamic (revealed) religion.
Contemporary (modern) marriages Types of marriages Types of marriages Definition Definition 1. Az- Zawaj Al-Urfi 2. Az-Zawaj As-Suri 3. Zawaj Al-Misyar Customary marriage; common law marriage Nominal or sham marriage the husband and wife thus joined renounce several maritial rights such as living together, the wife s rights to housing and maintenance money (nafaqa), and the husband s right to homekeeping and access. Marriage with the intention of divorce 4. Az-Zawaj biniyyat At-Talaq 5. Az-Zawaj Abral Internet Marriage via the internet (marriage websites) 6. Zawaj Frend
Marital Rights: 1. 1. The Rights of the Husband The Rights of the Husband The wife must observe the ff: Obeying her husband in all things that do not invite disobeying Allah Staying at her husbands house A wife shall not allow one whose husband dislikes to enter his house A wife shall preserve her husbands honor, wealth, children, and household As soon as the marriage contract is concluded the rights of the husband and wife regard to each other will follow. 2. 2. The husband is obligated to observe: Spending on his wife; this includes providing means of sustenance, clothing and accommodation Good companionship; this includes preserving her secrets and avoiding embarrassing and humiliating her Preserving her honor and status as wife, as well as showing her appreciation and protecting her The Rights of the Wife The Rights of the Wife
3. 3. Common Rights Common Rights Good companionship imbued with benevolence, tolerance, mutual respect, cooperation and making each other happy Each one of them is permitted to enjoy the other in the way prescribed by Sharia Prohibition of marriage to relatives of the other spouse: the wife is prohibited to marry any one of the husbands parental next of kin and their off-spring and vice versa Confirmation of the lineage of children Confirmation of the right to inherit from each other
