Islamic marital jurisprudence


In Islamic law, marriage is a legal and social contract between two individuals. Marriage is an act of Islam and is strongly recommended. Polygyny is permitted in Islam under some conditions, but polyandry is forbidden.

Types of marriage

Nikāḥ

The Nikāḥ is the first—and most common—form of marriage for Muslims. It is described in the Qur'an in Surah 4:4.
Regulations:
Requirement of witnesses:
Permission from Wali:
Nikah halala is a practice which was invented and has no religious background to it. It is also known as tahleel marriage and is a practice in which a woman, after being divorced by triple talaq, marries another man, consummates the marriage, and gets divorced again in order to be able to remarry her former husband. This practice is not from sharia law and is haram.

Nikāḥ Ijtimaa

Nikah ijtimaa, or combined marriage, is a form of marriage practiced in pre-Islamic Arabia, in which multiple men would have intercourse with a woman, and if she bore a child, she would choose one of the men to be the father of the child. This form of marriage was outlawed by Islam, which requires that any man and woman be married prior to sexual intercourse.

Nikah Istibdaa

Nikah Istibdaa is a marriage in which a husband would send his wife to another person, usually of noble lineage, to have sexual relations with him. The husband would refrain from sexual relations with his wife until she became pregnant by the other man. Afterwards, the man would claim paternity of the conceived child. This was done to get a child of noble breed. It was eradicated by Islam.

Nikāḥ Misyar

Nikāḥ Misyaar is a nikāḥ for Sunnis carried out via the normal contractual procedure, with the specificity that the husband and wife give up several rights by their own free will, such as living together, equal division of nights between wives in cases of polygamy, the wife's rights to housing, and maintenance money, and the husband's right of homekeeping, and access etc. The difference between this and Mut'ah is that Mut'ah has the condition of a definite time period and a separation date prior to a marriage contract. Sunnah Scholars have said it is permissible to marry a woman with the intention of getting divorced, if the wife is not informed or expecting a divorce during a marriage contract.

Nikāḥ Mut‘ah

Nikāḥ mut‘ah is a temporary marriage. There is controversy on the Islamic legality of this type of marriage, since Sunnis believe it was abrogated by Muhammad or Umar, while Shias do not hold this view. According to Shia Hadith: Ali said ‘Had Umar not banned Mut’ah then the only person to fornicate would have been a disgraceful person, since Mut’ah is easy, and one can attain the objective, there would have then been no need to indulge in haraam acts. It is clear that if Mut’ah’s abrogation was Sahih then Jabir would not have opposed Omar, and that if Islamic prophet outlawed it, the Companions would not have practiced it during the reign of Abu Bakr. Someone asked Abdullah bin Umar saying: ‘Your father prohibited it. : ‘Is the order of the Messenger of Allah, more deserving to be followed, or the order of my father?’ .
However, similar to normal marriages that are common among Sunnis and Shi'ias, the woman still is given her mahr, and the woman must still observe the iddah, a period of time where the woman cannot remarry. This is to ensure that there is no pregnancy from the ex-husband and thus clarifies paternal lineage.
Quran 4:24 - And all married women save those whom your right hands possess. It is a decree of Allah for you. Lawful unto you are all beyond those mentioned, so that ye seek them with your wealth in honest wedlock, not debauchery. And those of whom ye seek content, give unto them their portions as a duty. And there is no sin for you in what ye do by mutual agreement after the duty. Lo! Allah is ever Knower, Wise.

Nikāḥ Shighār

Nikāḥ Shighā is marriage in which two men would exchange their daughters, sisters or other close women for marriage without paying mahr. It was prohibited by Muhammad.

Interfaith marriage

Muslim males may marry a non-Muslim female, specifically, one from the "People of the Book", which includes Judaism and Christianity. Conversion is optional for the woman, but she is nonetheless charged with having a proper understanding of her respective faith as well as engaging in its true and thorough practise.
Muslim women have been forbidden from marrying non-Muslims to avoid her and her offspring being coerced to change her religion after marriage.

Restrictions on marriage

Polygyny

men are allowed to practise polygyny, that is, they can have more than one wife at the same time, up to a total of four, per Sura 4 Verse 3.
Polyandry, the practice of a woman having more than one husband, by contrast, is not permitted. One of the main reasons for this would be the potential questioning of paternal lineage. The Quran states: : “And among His signs is that He has created for you, from your selves, mates, that you may incline towards them and find rest in them, and He has engendered love and tenderness between you. Surely in this are signs for people who reflect.”

Permissible age

Sahih Muslim permits marriage once a person reaches sexual maturity . Sexual maturity in Sharia law is typically understood to mean puberty. At the same time, intercourse is forbidden until they are able to physically bear it.

Other religions

Traditionally, Muslim jurists hold that Muslim women may only enter into marriage with Muslim men. The Qur'an explicitly allows Muslim men to marry chaste women of the People of the Book, a term which includes Jews and Christians.

Arranged and forced marriages

An engagement may be arranged between families for their children, but Islamic requirements for a legal marriage include the requirement that both parties, bride, groom and guardian for the bride, give their legal consent. A marriage without the consent of the bride or performed under coercion is illegal according to the majority of scholars.
If a girl has not attained the age of puberty, the vast majority of scholars hold that she cannot be married; and many stipulate that it must be in her best interest in order to be considered a valid marriage. There is some dispute as to whether or not an under-age bride can leave her family's custody and be transferred to her husband's custody, if she has not yet reached puberty. Some evidence supporting both sides can be seen in the following narrations from Muhammad:
Sahih Bukhari Volume 7, Book 62, Number 65 Narrated 'Aisha: that the Prophet married her when she was six years old and he consummated his marriage when she was nine years old. Hisham said: I have been informed that 'Aisha remained with the Prophet for nine years.
Sahih Bukhari 7.18 Narrated 'Ursa: The Prophet asked Abu Bakr for 'Aisha's hand in marriage. Abu Bakr said "But I am your brother." The Prophet said, "You are my brother in Allah's religion and His Book, but she is lawful for me to marry."
However, evidence from other Islamic sources seems to suggest that this is not something allowed for all Muslims; rather specifically for Muhammad. The evidence for this view is as follows:
Abu Hurayrah reported that the Prophet said: "A non-virgin woman may not be married without her command, and a virgin may not be married without her permission; and it is permission enough for her to remain silent."
It is reported in a hadith that A'ishah related that she once asked the Prophet: "In the case of a young girl whose parents marry her off, should her permission be sought or not?" He replied: "Yes, she must give her permission." She then said: "But a virgin would be shy, O Messenger of Allaah!" He replied: "Her silence is her permission."
It appears that the permission of an under-age bride is indeed necessary for her marriage to be considered valid; the above narrations seem to clearly make the approval of the bride a condition for a valid marriage contract.

Adulterers

Islam does not give adulterous men the right to marry a chaste woman, nor may an adulterous woman marry a chaste man, except if the matter has not gone to court and the two purify themselves of this sin by sincere repentance.

Other

A woman or man may propose marriage directly or through an intermediary.
Recognition or celebration of same-sex marriage is completely unjustified in the view of Islamic law. Islam forbids homosexuality in Qur'anic injunctions and Islamic tradition.
A marriage is registered by the Qadi who performs the short ceremony.
Unlike the wedding ring in Western societies, there is no visible sign worn to show a woman or a man is married. However, some Muslims have found the wedding ring to be a non-religious tradition and have used a ring.

Mahr

Mahr is a mandatory gift given by the groom to the bride. Unlike a bride price, however, it is given directly to the bride and not to her father. Although the gift is often money, it can be anything agreed upon by bride and groom such as a house or viable business that is put in her name and can be run and owned entirely by her if she chooses.

Islamic marriage contract

A Muslim marriage is not a sacrament, but a simple, legal agreement in which either partner is free to include conditions. These conditions are stipulated in a written contract. Violating any of the conditions stipulated in this contract is legal grounds for a partner seeking divorce. The first part of the Nikah, "marriage ceremony", is the signing of the marriage contract itself.
Various traditions may differ in how Nikah is performed because different groups accept different texts as authoritative. Therefore, Sunnis will likely accept the hadith of Muhammad al-Bukhari, while Shia will have their own collections, for example Furu al-Kafi, thus producing different procedures. This contract requires the consent of both parties. There is a tradition, outside of the religion, in some Muslim countries to pre-arrange a marriage for young children. However, the marriage still requires consent for the wedding to legally take place.
Divorce is not forbidden as a last resort, but the dissolution of the contract Talaq, is often described as the most disliked of permissible things in Islam and should be used as a last resort.

Walima

The Walima is a dinner given by the groom's side of the family to celebrate the welcoming of the bride to the family. It is a strong sunnah and it is recommended to be held the earliest possible day after the Nikah.

Behavior within marriage

Spousal rights and obligations

Islam advocates a role-based relationship between husband and wife.
`Abd Allah ibn `Umar narrated:
It puts the main responsibility of earning over the husband. Both are obliged to fulfill the other's sexual needs. Both are obliged to treat each other with kindness.

Separate accommodation for wife

The wife has the right to live in separate accommodation with her husband and children, if she does not want to share it with anyone like her in-law or relatives. This is the view of most of the Hanafi, Shaafa’i and Hanbali fuqaha. She also has the right to refuse to live with her husband's father, mother and siblings.
Narrated 'Abdullah bin 'Umar: That he heard Allah's Apostle saying, "Everyone of you is a guardian and is responsible for his charge; the ruler is a guardian and is responsible for his subjects; the man is a guardian in his family and responsible for his charges; a woman is a guardian of her husband's house and responsible for her charges; and the servant is a guardian of his master's property and is responsible for his charge." I definitely heard the above from the Prophet and think that the Prophet also said, "A man is a guardian of his father's property and responsible for his charges; so everyone of you is a guardian and responsible for his charges."
This indicates that a wife is responsible for the house of her husband. Also that a man should be the guardian of his family, i.e., after his marriage he moves out of his father's house, and runs his own family affairs and is guardian of his family. In a joint family, typically the head is either the father of the husband, or mother of the husband. This also indicates that a husband should look after his parent's house, as "a man is a guardian of his father's property". So the wife should not object to her husband when he is looking after affairs of his parents.

Sexuality

Sexuality in Islam is largely described by the Qur'an, Islamic tradition, and religious leaders both past and present as being confined to marital relationships between men and women. While most traditions discourage celibacy, all encourage strict chastity and modesty with regards to any relationships across gender lines, holding forth that intimacy as perceived within Islam is to be reserved for marriage.
Abd Allah ibn Mas'ud narrated:
While adulterous relationships are strictly forbidden, permissible sexual relationships within marriage are described in Islamic sources as great wells of love and closeness for the couple involved. Sexual relationship between married couples are even source of rewards from God as doing the opposite, i.e., satisfying sexual needs through illicit means, has punishment. Specific occasions are times forbidden for intercourse, though not for other ways of touching and being close to one another. Anal sex with one's wife is also strictly prohibited.
Islam has an open and playful approach to sex so long as it is within marriage, free of lewdness, fornication and adultery.

Gender roles

The Qur'an asserts that there are innate differences between women and men. Therefore, Islam places different rights over the husband and wife.
Some similar rights which both the husband and wife owe to each other are:
Some rights which the husband owes to his wife are:
Some rights which the wife owes to her husband are:
These are some of the rights which spouses owe one another.