Islamic marital jurisprudence
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- ''This is a sub-article to Islamic jurisprudence and Marriage.
In Islam, marriage is a legal bond and social contract between a man and a woman as prompted by the Shari'a. There are two types of marriages mentioned in the Qur'an, the Nikah in verse 4:4 and the Nikah Mut'ah in verse 4:24.
Gender roles
In Islamic theology, both sexes are considered equal in value, but at the same time recognizes the differences between the sexes, resulting in different rights, obligations, and distinct roles. A woman may propose marriage to a man directly or through an intermediary. Marriage is a social obligation and is registered by the Kazi who performs the short ceremony. When a couple are to be married, a man must pay mahr (dowry) to his bride. Since divorce is allowed in Islam, the amount promised or paid to the bride forms part of her personal property and is of assistance to her in times of financial need, such as a divorce or desertion by the husband. While the Mahr is usually in the form of cash, it may also be a house or viable business that is put in her name and can be run and owned entirely by her if she so chooses.
Women are expected to be home-makers and caregivers to their children, and it is considered a good thing if they are educated as well. Islam supports the traditional division of labour whereby women assume the main responsibility for home while men are responsible for their financial support: motherhood and homemaking, like a Muslim's inner life, are not considered to be less important or rewarding than a professional career. Indeed, motherhood is seen as one of the most important professions. Muslim wives and mothers should be granted the respect due to all women for the struggles and sacrifices they make for the sake of their families. Furthermore, modern Muslims consider it unfair to burden women with both the physical and emotional demands of motherhood and the professional demands of the workplace. In Islam, Muslim women may seek a higher education, work outside the home or volunteer their services to benefit the community as long as their primary responsibilities are taken care of. Any money that a Muslim woman earns is her own, to spend as she likes; a man remains solely responsible for maintaining his family and must share his earnings with his wife and children.
Again, in conservative societies, women are sometimes barred from education by the male members of their families. However, Prophet Muhammad said: "Seeking knowledge is mandatory for every Muslim". One reason for this requirement might be that raising intelligent, ethical and disciplined children is easier with an educated mother.
Men are encouraged to be caring husbands. They are expected to avoid habits and indulgences such as intoxication, engaging in extra-marital affairs, and gambling and are expected to be role-models for their children. However they may also marry more than one wife as long as they treat all wives justly and they do not need to inform their first wives if they marry again.
Intention to Marry
In Islam, there are several acceptable reasons to marry, and several things to observe if one is unable to marry. There are several cases of sexual preference where one may not marry, such as homosexual unions, which is not permissible.
Marriage
The purpose, rules, and regulations of the Islamic Marriage Contract. 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. In many Muslim societies divorce is quite common.
Nikah
Nikah is the first, and most common form of marriage for Muslims; described in the Qur'an in 4:4.
Regulations:
- It is aimed to be permanent, but can be terminated by husband engaging in the Talaq (divorce) process or the wife seeking a divorce.
- The couple inherit from each other.
- A legal contract is signed when entering the marriage.
- Females must choose a Muslim husband to marry; males may marry from Ahl al-Kitab.
- The husband must pay for the wife's expenses.
- The wife is not allowed to leave her house without her husband's permission.
- In Sunni jurisprudence, the contract is voided.
- In Shia jurisprudence, the contract is transformed into a Nikah Mut'ah.
- *It is only permitted for women to engage in Nikah Mut'ah with Muslims, and for men, they must be from Ahl al-Kitab. Requirement of witnesses:
Nikah Mut'ah
Nikah Mut'ah, (often referred as "fixed-time marriage" since many of these marriages have a time limit), is the second form of marriage described in the Qur'an in 4:24. There is controversy on the Islamic legality of this type of marriage, since Sunnis believe it was abrogated by Muhammad, while Shias believe it was forbidden by Umar and hence that ban may be ignored since Umar had no authority to do so. The Qur'an itself doesn't mention any cancellation of it. Nikah Mut'ah sometimes has a preset time period to the marriage, traditionally the couple do not inherit from each other, the man usually is not responsible for the economic welfare of the women, and she usually may leave her home at her own discretion. Nikah Mut'ah also does not count towards a maximum of wives (four according to shari'a, no defined limit in the Qur'an). The woman still is given her mahr, and the woman must still observe the iddah period at the end of the marriage if they have sexual intercourse.
Other Sunni types
''main articles Nikah Misyar, Nikah Halala, Nikah urfi
Some Sunnis, deeming Nikah Mut'ah to be haraam follow distinct formations of Nikah. The first type is Nikah Halala, and is the only means by which a divorced woman that has been divorced for the third time can return to her first husband after consummation of another marriage. Nikah urfi, "Az-Zawaj ul-urfi", "Nikah urfi", "unregistred/hidden marriage" is a marriage that fills the Islamic juridical aspects of marriage, without filling a registration to the state.[ref]. A third and controversial type, not accepted by the majority of Sunnis, is Nikah Misyar, meaning "misyar (traveler) marriage". It is a new form of marriage similar to Nikah Mut'ah. and was innovated by prominent Salafi scholar, Bin Baaz. Nikah Misyar is controversial in some Sunni communities, such as the al-Azhar University in Cairo.
A marriage is traditionally followed by a Walima, a wedding banquet. The Walima is served to celebrate the engagment of an engaged couple.
The Islamic view of sex.
Explains how an ideal marriage is supposed to look like in the day to day routines, as they are different from other ideals.
Islam has its own rules of regulations regarding adoption, with distinct rules and regulations prior to and after the legal adoption. Muslims are not allowed to adopt children in Islamic law and all adoptions are void. While adoption (making another person's child as his/her own) is not allowed, it's allowed to care for other people's children.
The ideal way to end a Nikah is Talaq, a legal Islamic divorce. In Sunni traditions, it is said that "divorce shakes the throne of Allah" and is the most disliked of halal practices. However, it is legal and is widely practiced with no shame attached to the divorcees, especially the men.
A (controversial) Sunni divorce that instantly divorces the couple and makes them haram for each other.
How mixing secular and religious laws can create problems.
From Wikipedia, the Free Encyclopedia. Original article here. Support Wikipedia by contributing or donating.Walima
Sexuality in Islam
Married life in Qur'an and Sunnah
Islamic adoption
Divorce
Talaq
Triple talaq
Conflicts after a Talaq
See also
External links
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