| Allaah has enjoined marriage in a number of aayahs. He
says (interpretation of the meanings): then marry (other) women of your choice, two or three, or four; but
if you fear that you shall not be able to deal justly (with them), then only one or
(slaves) that your right hands possess. That is nearer to prevent you from doing
injustice. And give to the women (whom you marry) their Mahr (obligatory bridal-money
given by the husband to his wife at the time of marriage) with a good heart; but if they,
of their own good pleasure, remit any part of it to you, take it, and enjoy it without
fear of any harm (as Allaah has made it lawful). [al-Nisaa 4:3-4]
But if you intend to replace a wife
by another and you have given one of them a Qintaar (of gold, i.e. a great amount as
Mahr), take not the least bit of it back; would you take it wrongfully without a right and
(with) a manifest sin? And how could you take it (back) while you have gone in unto each
other, and they have taken from you a firm and strong covenant? [al-Nisaa
4:20-21]
provided you seek (them in
marriage) with Mahr (bridal-money given by the husband to his wife at the time of
marriage) from your property [al-Nisaa 4:24]
And Allaah tells us the story of how Moosa married the
daughter of the man of Madyan (Midian) in return for working for him for eight or ten
years.
And Allaah says (interpretation of the meaning):
and live with them honourably. If
you dislike them, it may be that you dislike a thing and Allaah brings through it a great
deal of good [al-Nisaa 4:19]
but men have a degree (of
responsibility) over them
[ al-Baqarah 2:228]
These aayahs point to the command to marry, and indicate
that it is waajib (obligatory) or mustahabb (encouraged) according to circumstances.
Allaah encourages men to choose a righteous wife, as He says (interpretation of the
meaning):
Therefore the righteous women are
devoutly obedient (to Allaah and to their husbands), and guard in the husbands
absence what Allaah orders them to guard (e.g. their chastity and their husbands
property) [al-Nisaa 4:34]
The Prophet (peace and blessings of Allaah be upon him)
said: Women may be married for four things: wealth, beauty, lineage or religious
commitment. Choose the one who is religious, may your hands be rubbed with dust (i.e., may
you prosper). That is because she will benefit her husband in both his
spiritual and worldly affairs, and will protect herself and his wealth, and will take good
care of the family and give the children a good religious upbringing.
It is permitted for a man to marry four free women, and
he may have intimate relationships with as many as he wishes of slave women whom his right
hand possesses. But it is recommended to limit oneself to only one wife if there is the
fear of treating them unjustly.
Allaah has commanded men to give women their mahr, which
may be a small or large amount, and may take the form of money/wealth or other benefits. A
man who has an orphan girl under his guardianship is commanded not to treat her unjustly.
If he wants to marry her, then he has to treat her fairly with regard to the mahr, and not
give her less than she deserves. If he does not want to marry her, then he should not
prevent her from marrying someone else so that she will be forced to give him something of
her property or some of her mahr, for this is injustice and oppression (zulm). He has to
work in her best interests just as he would do for his own daughters.
If a woman is mature and willingly gives her husband
something of the mahr, then he has the right to consume it without any blame being
attached to him, so long as that is not because he is keeping her hanging [not keeping her
as a wife and not releasing her to marry someone else]. If he keeps her hanging in order
to get back all or some of that which he gave to her, he is guilty of a grave sin. Allaah
explained the reason behind that by asking how he could take that (the mahr) when he has
enjoyed an intimate relationship with her and they have gone in unto each other, and and they have taken from you a firm and strong covenant
[al-Nisaa 4:21 interpretation of the meaning]. This covenant means the
obligations of marriage which include the fulfilment of all rights, the first of which is
the mahr. The mahr is reduced by half if the husband divorces his wife before consummation
of the marriage and the mahr has been agreed. She has the right to half of what has been
agreed unless either of them gives up his or her half, which then belongs to the other. In
these aayahs it is shown that the mahr is the property of the wife and that it should be
paid in full when the marriage is consummated; the same applies if the husband dies,
because that is a conclusion to the marriage.
Allaah has commanded both partners to live honourably
with one another, treating one another kindly and refraining from harming one another.
Neither of them should deny or withhold the rights of the other, or object to fulfilling
those rights. Living honourably with one another means that maintenance, clothing,
accommodation etc. should be provided according to urf (local custom), if there is
any dispute as to value and definition. It also depends on the husbands own
circumstances. Allaah says (interpretation of the meaning):
Let the rich man spend according to
his means; and the man whose resources are restricted, let him spend according to what
Allaah has given him. Allaah puts no burden on any person beyond what He has given
him. [al-Talaaq 65:7]
Allaah urges husbands to be patient with their wives even
if they dislike them, because their nature may change, or He may grant children through
them, or there may be many benefits in their living with them and having them take care of
their property.
The phrase (interpretation of the meaning): and you have given one of them a Qintaar (of gold, i.e. a great
amount as Mahr) [al-Nisaa 4:20] indicates that it is permissible to
give a large mahr, but it is better to be simple in this and other matters, for the best
of women are those whose demands are simple.
Allaah has forbidden seven kinds of relatives (for
marriage): mothers, including every female in the direct line of ascent (i.e., mothers,
grandmothers, etc); daughters, including every female in the direct line of descent (i.e.,
daughters, granddaughters, etc); sisters from all sides (i.e., including half-sisters
through the father or mother); sisters daughters, no matter how far the line of
descent; brothers daughters, no matter how far the line of descent; paternal aunts,
i.e., every sister of your father or grandfathers; maternal aunts, i.e., every sister of
your mother or grandmothers. Every other female relative is permissible for marriage, such
as daughters of paternal uncles or aunts, or daughters of maternal uncles or aunts (first
cousins). When there is a relationship through breastfeeding (radaa), the
corresponding relatives of the breastfeeding woman and her husband, to whom the milk
belongs, are forbidden for marriage, just as is the case with blood relationships. As far
as the nursing child is concerned, the prohibition applies only to him and his children
[i.e., his siblings are not affected].
Allaah has forbidden marriage to four in-laws, three by
virtue of the marriage contract itself [i.e., regardless of whether or not the marriage is
consummated]. These are the mothers of your wives, the wives of your sons, the wives of
your fathers. (The fourth category is) the daughters of your wives if you have consummated
the marriage with their mothers; but if the marriage has not been consummated, there is no
sin in marrying the wives daughters.
Allaah has forbidden being married to two sisters at the
same time. The Sunnah forbids being married to a woman and her paternal or maternal aunt
at the same time. It also forbids a free man to marry a slave woman unless he cannot
afford to marry a free woman and he is afraid of hardship, and the slave woman is a
Muslim.
It is forbidden for a Muslim man to marry a kaafir woman
and stay married to her, except for chaste woman from among those who were given the Book,
Jews and Christians. It is forbidden for a Muslim woman to marry a kaafir man. It is
forbidden to marry a zaaniyah (woman who has committed fornication or adultery) until she
repents, or to marry a woman whom one has divorced by talaaq three times, unless she has
married another man in a genuine marriage, had intercourse with him and been divorced by
him, and she has completed her iddah.
Allaah says (interpretation of the meaning);
and a believing woman if she offers
herself to the Prophet, and the Prophet wishes to marry her a privilege for you only, not
for the (rest of) the believers [al-Ahzaab 33:50] This clearly indicates that the believers are not allowed to marry except with a
mahr that has been stated or agreed upon. If a condition is stipulated that there is to be
no mahr, that condition is null and void. Is the marriage itself invalid because of that,
or should a mahr like that of a woman of similar status be given, and the marriage remain
valid? There are two scholarly views on this point. This also indicates that
quid-pro-quo marriages are forbidden, where two men give one another their
charges (daughters, sisters etc.) to one another in marriage, and the mahr of each woman
is the giving of the other woman in marriage.
Allaah states that if a man marries a woman without
agreeing upon a mahr, then he divorces her before consummating the marriage, then she
should be given a gift a rich man should give according to his means, and a poor
man should give according to his means (cf. Al-Baqarah 2:236).
Giving a gift to a divorced wife in other cases is Sunnah
muakkadah (confirmed Sunnah), as Allaah says (interpretation of the meaning):
And for divorced women, maintenance
(should be provided) on reasonable (scale). This is a duty on Al-Muttaqoon (the
pious) [al-Baqarah 2:241]
Allaah addresses womens guardians with regard to
their marriage in a number of places, for example (interpretation of the meanings):
And when you have divorced women
and they have fulfilled the term of their prescribed period, do not prevent them from
marrying their (former) husbands [al-Baqarah 2:232]
This indicates that the guardian has a say in the matter
with regard to marriage.
The aayah (interpretation of the meaning): and they have taken from you a firm and strong covenant
[al-Nisaa 4:21] indicates that there has to be the proposal and acceptance,
because the firm and strong covenant includes the proposal of marriage and acceptance,
which implies the inclusion of the rights of the wife, including the mahr, etc.
The aayah (interpretation of the meaning) if they mutually agree on reasonable
basis [al-Baqarah 2:232] indicates that the
mutual agreement of the two spouses should be taken into account, and that that mutual
agreement should be on a reasonable basis. If a woman agrees to marry a man who is not
compatible, then her guardian has the right to prevent her from marrying him.
If a wife is rebellious, Allaah commands the husband to
advise her and to forsake her in bed [deny her her conjugal rights]. If she does not then
come to her senses, then he may hit her (lightly). If there is the fear that there is a
split between them and that reconciliation is difficult, then two arbitrators should be
appointed, one from the husbands family and one from the wifes family, and
they should try to reconcile them if at all possible, whether by giving some compensation
or by foregoing some rights, or some other way. Otherwise, they may separate whether by
khul or by asking for talaaq, depending on the circumstances. |