Islamic marital jurisprudence

Template:Short description Template:Copyedit Template:Use dmy dates Template:Fiqh In Islamic law (sharia), marriage (nikāḥ نکاح) is a legal and social contract between two people, and as an act of Islam<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> it is strongly recommended in the religion.<ref name="islamic-marriage-syed-athar-husain-sh-rizvi"/><ref name="onislam.net">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

A nikāḥ marriage has a number of requirements and restrictions under shariah.<ref name="islamic-marriage-syed-athar-husain-sh-rizvi">Template:Cite book</ref> Amongst them are that a gift known as mahr be given by the groom to the bride; that the bride, groom and guardian for the bride (wali), give their legal consent to the marriage and not be coerced; that there be two witnesses from both sides to the signing or accepting of the contract; that the bride and groom not be of the same gender,<ref name="Umar-AI-2022"/> not be brother and sister, mother or father, aunt or uncle, or other relatives,<ref name=ghamid-mizan/> but may be first cousins;<ref name="IQA-cousin"/><ref name="IWN-cousins"/><ref name="Balanced Perspective"/><ref name="Siddiqi"/><ref name=Nassar-view/> that the man not have more than four wives at any one time, and the woman more than one husband.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Requirements and restrictions on marriage

Depending on the case, a Muslim may be required, encouraged, discouraged or forbidden to marry according to holy law.<ref name="IW 4 fiqh 86384">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Should a Muslim get married

According to scholars such as Sheikh Sayyed Sabiq and Al-Qurtubi (1214–1273) and according to the consensus of scholars (according to Islamweb.net),<ref name="ruling-online"/><ref name="IW 4 fiqh 86384"/>

• a Muslim is obligated (fard) to marry if they are able to afford it, have a desire for sexual intercourse, and are afraid they might indulge in fornication;<ref name="ruling-online"/>
• if the Muslim does not fear committing something forbidden than the level of ruling drops to recommended (mustahabb);<ref name="ruling-online"/>
• both the bride and groom should be free of madness, leprosy, and similar afflictions; and the Muslim man must have some sexual desire, his must not be penis cut, otherwise the marriage is not permitted (haram) since in such a case a marriage harms a wife and does not protect her chastity.<ref name="ruling-online">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref><ref name="Fatwa 84026">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Similarly the woman must not have defects such as "narrowness or blockage of her vagina, existence of a bone in her vaginal cavity that hinders penile insertion, and the existence of a bag of certain kind in the vaginal cavity", or similar problems.<ref name="IW 4 fiqh 86384"/>

Many Muslim activists urge Muslims to marry.<ref name="islamic-marriage-syed-athar-husain-sh-rizvi"/><ref name="onislam.net"/> There are many hadith recommending marriage as long as a (Muslim) man can afford it.<ref name="Fatwa 84026"/> and some that encourage marriage even if he has trouble affording it.<ref name="Sahih al-Bukhari 5150."/><ref name=Q.24:32/><ref name=irfi-SSMaMiI/>

• “When a man marries he has fulfilled half of the religion; so let him fear God regarding the remaining half.” (Mishkat al-Masabih 3096)<ref name="Mishkat al-Masabih 3096">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref>

• “(Oh Muslims!) Marry, then, I will be proud of being the largest in number among nations, and do not follow the monastic life of Christians”, (Al-Bayhaqi on the authority of Abu Umamah).<ref name="Fatwa 84026"/>
• “Marry even with an iron ring.” (Al-Bukhari on the authority of Sahl Ibn Sa'd.)<ref name="Fatwa 84026"/><ref name="Sahih al-Bukhari 5150.">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref>

• Ibn Masoud may Allaah be pleased with him said: “If I knew that I will die on the tenth day of the last ten days of my life and I can afford marriage, I will marry since I fear temptation.”<ref name="Fatwa 84026"/>
• Ibn 'Abbaas may Allaah be pleased with him said to Sa'eed ibn Jubayr: “Marry, for the best people of the Muslim Ummah are those who have the largest number of wives”, (Al-Bukhari and Ahmad).<ref name="Fatwa 84026"/>
• Imam Ahmad may Allaah have mercy upon him said: “Celibacy is not part of Islam.”<ref name="Fatwa 84026"/>
• “The best people of my nation (Ummat) are those who get married and have chosen their wives, and the worst people of my nation are those who have kept away from marriage and are passing their lives as bachelors.” <ref>Mustadrakul Wasael, Muhaddith Noori, vol. 2, p. 531 quoted in A Gift for the Youth, Shabeeb Rizvi. quoted in Template:Cite book</ref>

Literalist Opinion

One school of fiqh -- that of literalist school founded by Dawud al-Zahiri (aka Dhaahiri fiqh) holds that marriage is "farḍ al-'ayn - an absolute and individual obligation" -- poverty notwithstanding. Among other sources, they cite as evidence this Qur'anic verse:

• "And marry off the single among you and among the righteous of your male and female slaves. If they are poor then Allah will supply their needs from His generosity. And Allah is expansive, knowing. (22) And let those who do not find marriage hold back until Allah grants them of His generosity." (An-Noor 24:32-33)<ref name=Q.24:32>https://quran.com/24/32-33</ref><ref name=irfi-SSMaMiI>{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref>

Wali

According to some sources (such as IslamOnline.net), Islam stipulates that a Muslim woman should have a guardian or wali, (usually her father) conclude her marriage.<ref name="IO-Wali"/> Another source, Cyril Glasse, states that the Maliki and Shafi'i schools of Islamic jurisprudence require that if the bride is a virgin, she be represented by a Wali at her wedding.<ref name="cyrill glasse-296">Template:Cite book</ref>

(According to IslamOnline.net, requiring a guardian is part of the legislation of Islam that protects women from the "desires of the ill-hearted and evil opportunists" within the rights and independence that Islam grants her.)<ref name="IO-Wali">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> The role of the Wali in approving the marriage is particularly significant for women who have not previously been married.<ref name="Al-Yousef-Islam-Laws-2025">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Permission from Wali:<ref name=central-mosque>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

• Sunni:
  • Compulsory (Maliki, Shafi'i, Hanbali)
  • Strongly recommended (Hanafi)

According to Central Mosque website, "the relied upon position" within the Hanafi School is that if the bride is "a free, sane and adult" woman her marriage is still valid without the approval of her guardian (wali) if the husband is a “'legal' and suitable match (kuf’)" to her. Conversely, if the husband-to-be is not a legal match for her, then her marriage is not valid. However, "disobeying one’s parents is one of the most serious of sins in Islam". (Radd al-Muhtar ala ‘l-Durr al-Mukhtar 3/56-57 & I’la al-Sunan 11/69)<ref name=central-mosque/>

• Shia: Depending on the scholar, it is either obligatory or obligatory based on precaution.Template:Cn

One sahih hadith states (there are also similar hadith):

• “Any woman who marries without the permission of her wali, her marriage is invalid, her marriage is invalid, her marriage is invalid.” <ref>{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref><ref name="IQA-Wali-1998">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Two sources (central-mosque.com and Hassan Al-Yousef), advises Muslim women who believe they their Wali is being unreasonably in preventing them from marrying the man they wish to marry to "refer the matter to Islamic Scholars or Islamic Shariah councils and let a Mufti or a Scholar from a Shariah council".<ref name=central-mosque/><ref name="Al-Yousef-Islam-Laws-2025"/>

Mahr

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} 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. One basis for determining the mahr is the amount her older siblings were given at the time of their marriage.<ref name="Subedar-mahr"/>

The practice is reportedly mentioned in the Quran.

• “And give the women [upon marriage] their [bridal] gifts graciously.” (Q.4:4)<ref name="Subedar-mahr">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref>

Requirement of witnesses

In Sunni Islam two witnesses from both sides<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> are necessary for the contract to be valid. According to Hanafi Fiqh by DarulUloomTT.net there must be two male witnesses or one male and two females; they must be Muslims who have reached the age of puberty and are of sound mind.<ref name="witness-IslamQA">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> In Shia Islam (aka Imamiyyah, according to Muhammad Juwwad Mughniyyah ), witnesses to a marriage are not wajib (required) but only mustahabb (recommended).<ref name="Mughniyyah">Template:Cite book</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Forbidding of misrepresentation

When the prospective husband misinforms his fiancée or her Wali of his suitability for marriage: i.e., of his lineage, physical status, then the bride or her Wali have the right to nullify the nikah contract.<ref name="Fatwa 86384">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Forbidding of marriage to mahram

Quranic verse 4:23 gives a list of relatives Muslims are forbidden to marry, (see below) a class of people known as Mahram (family members with whom marriage is permanently unlawful or (haram):

your mothers, your daughters, your sisters, your paternal and maternal aunts, your brother's daughters, your sister's daughters, your foster-mothers, your foster-sisters, your mothers-in-law, your stepdaughters under your guardianship if you have consummated marriage with their mothers—but if you have not, then you can marry them—nor the wives of your own sons, nor two sisters together at the same time—except what was done previously. Surely Allah is All-Forgiving, Most Merciful. (Q.4:23){{#if:|{{#if:|}}

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{{#invoke:Check for unknown parameters|check|unknown=Template:Main other|preview=Page using Template:Blockquote with unknown parameter "_VALUE_"|ignoreblank=y| 1 | 2 | 3 | 4 | 5 | author | by | char | character | cite | class | content | multiline | personquoted | publication | quote | quotesource | quotetext | sign | source | style | text | title | ts }} Also forbidden to marry is anyone of the same sex, anyone who has had the same wetnurse feed them, anyone who is a polytheist. Not forbidden are cousins, including first cousins who are not Mahram.

Nikah/Islamic marriage contract

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} A Muslim marriage is 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 "marriage ceremony" of the nikah is the signing of the marriage contract itself.

The marriage should have an offer or proposal (ijab) from the wali of the bride (or the person who is acting in his place), made to the groom saying in effect, “I marry [name of bride] to you”.<ref name="IQA-Wali-1998"/>

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 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.

Walima

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} 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 (the repetition of an action of Muhammad) and it is recommended to be held the earliest possible day after the Nikah. It is "disliked" (Makruh) to have the bride displayed, such as on a stage. Thus it is preferred that the couple sit together in a corner.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> The Walima may include speeches, sermons, prayers, and poetry. Scholars permit, and even recommend, the playing of the Daf drum during the Walima whereas music is otherwise prohibited.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Separation of the sexes

At least among strict Muslims, unnecessary direct conversation between prospective bride and groom before the Nikah is forbidden as it would be between any other two non-mahram (a mahram is a family member with whom marriage would be considered permanently unlawful) individuals. Negotiation and proposals of marriage should be done through parents or guardians.<ref name="Ibn Adam">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> In addition kissing is prohibited before the Nikah -- nowithstanding its prominent place in non-Muslim marriages -- according to scholars such as Muhammad Al-Munajjid,<ref name="IslamQA-kiss">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Abu Ameenah Bilal Philips,<ref name=philips-polygamy/> and Abdurrahman ibn Yusuf Mangera.<ref name="Intimate, affectionate interaction">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> (Philips says it is not permissible in public even after the nikah, as Muslim couples are expected to exercise hayaa' (modesty/shyness) when in public;<ref name=philips-polygamy>Template:Cite book</ref> Mangera says that "Expression of this type of interaction in public can lead to an unrestricted, carefree and immoral atmosphere which Islam forbids.")<ref name="Intimate, affectionate interaction"/>

Interfaith marriage

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}}

Islamic law "generally" forbids Muslim women from marrying non-Muslim men, but allows Muslim men to marry Christian or Jewish women "under specific conditions".<ref name="Setyawati-BtSS-CIoILaS-2024">Template:Cite journal</ref>

The Qur'an explicitly allows Muslim men to marry chaste women of "the People of the Book", (i.e. Jews, Christians and Sabians),<ref>Template:Cite quran</ref><ref name="ODI">Template:Cite encyclopedia</ref><ref name="interfaith">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

• Do not marry polytheistic women until they believe; for a believing slave-woman is better than a free polytheist, even though she may look pleasant to you. And do not marry your women to polytheistic men until they believe, for a believing slave-man is better than a free polytheist, even though he may look pleasant to you. They invite ˹you˺ to the Fire while Allah invites ˹you˺ to Paradise and forgiveness by His grace. He makes His revelations clear to the people so perhaps they will be mindful.|Template:Qref}}

• ...the food of the People of the Book is permissible for you and yours is permissible for them. And ˹permissible for you in marriage˺ are chaste believing women as well as chaste women of those given the Scripture before you...(Q.5:5)<ref>https://quran.com/5/5</ref>

and historically, in Islamic culture and traditional Islamic law, interfaith marriages have generally been recognized between those two groups, and not the gender inverse.<ref name="ODI" /><ref name="Brill Publishers">Template:Cite book</ref><ref name="Leeman 2009">Template:Cite journal</ref>

However, in various parts of the world interfaith marriages between Muslim women and Non-Muslim men take place at substantial rates, contravening the traditional Sunni understanding of ijma.<ref name="Leeman 2009"/> For example, in the United States, about 10% of Muslim women are married to Non-Muslim men.<ref name="pewforum.org">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Opposing this are Islamic scholars including Hassan Al-Turabi, and some others.<ref name="Jahangir2017">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Polygyny

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} Muslim men are allowed to practise polygyny, that is, they can have more than one wife at the same time, up to four, per Sura 4 Verse 3.

Women are not allowed to have more than one husband. One of the main reasons for this would be the potential questioning of paternal lineage.

Permissible age

Islam encourages early marriage.<ref name="soon-Islamweb.net">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

• The Prophet Muhammad said: "O, young people whoever among you can marry, should marry, because it helps him lower his gaze and guard his modesty (i.e. his private parts from committing illegal sexual intercourse etc.)" (Imam Al-Bukhari and Muslim narrated from Ibn Mas'oud)<ref name="soon-Islamweb.net"/>

Sahih Muslim permits marriage once a person reaches sexual maturity (i.e.: menstruation, voice changing, wet dreams) (baligh).Template:Citation needed Sexual maturity in Sharia law is typically understood to mean puberty.<ref>Islam and the Everyday World: Public Policy DilemmasTemplate:Snd Page 102, Sohrab Behdad, Farhad Nomani, Farhad NomaniTemplate:Snd 2006</ref> At the same time, intercourse is forbidden until they are able to physically bear it.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

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:

• 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 (i.e. till his death). (Sahih Bukhari Volume 7, Book 62, Number 65 )

• 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 (Aisha) is lawful for me to marry." (Sahih Bukhari 7.18)

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 (because of her natural shyness)." [Al-Bukhari:6455, Muslim & Others]

• A'ishah report 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 [considered as] her permission." [Al-Bukhari, Muslim, & Others]

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.

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 (wali), give their legal consent, as the Quran states:<ref name="Al-Yousef-2025"/>

• “O you who have believed, it is not lawful for you to inherit women by compulsion…” (An-Nisa 4:19).<ref name="Al-Yousef-2025">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref>

Fornicators

Islam does not give fornicatorous men the right to marry a chaste woman, nor may a fornicatorous 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.<ref>Template:Cite quran, Template:Cite quran</ref><ref>Javed Ahmed Ghamidi, Mizan, Chapter:The Social Law of Islam, Al-Mawrid</ref>

• Women of purity are for men of purity, and men of purity are for women of purity Template:Cite quran

Other

A woman or man may propose marriage directly or through an intermediary (matchmaker).

Wedding rings were not widespread across Muslim cultures in antiquity; however, many Muslims today have adopted the tradition of wearing a wedding band alongside other practices originated from European tradition.

Types of marriage

Nikāḥ

File:Signing the Nikah.jpg

A Muslim bride signing the nikkah nama or marriage certificate, 2006, Pakistan.

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} The Nikāḥ (Arabic: نكاح, literally, "to collect and bind together")<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> is the first—and most common—form of marriage for Muslims. It is described in the Qur'an in Surah 4:4.<ref name="Q44">Template:Cite quran</ref>

Regulations:

• While intended to be a permanent state, it can be terminated by the husband engaging in the Talaq process or the wife seeking a Khula.
• The couple inherit from each other.
• A legal contract is signed when entering the marriage. However it is not a requirement that the contract be in writing. It may be oral, especially amongst illiterates; and if an agreed end-date is specified in the nikāḥ contract:
  • In Sunni jurisprudence, the contract is invalid.
  • In Shia jurisprudence, the contract defines a temporary marriage, nikāḥ mut'ah.

Nikāḥ Misyar

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} 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 ("nafaqa"), and the husband's right of homekeeping, and access etc.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> 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.<ref>Misyar marriage</ref>

Nikāḥ ‘urfī

Nikah 'urfi is a "customary" marriage contract that commonly requires a Wali (Islamic legal guardian) and witnesses but not official registration with state authorities. Couples repeat the words, "We got married" and pledge commitment, although there are many other informal ways in which people marry 'urfi. Usually a paper, stating that the two are married, is written and at least two witnesses sign it, although others may record their commitment on a cassette tape and use other forms of documentation.

Nikāḥ Mut‘ah

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} Nikah mut'ah<ref name="OxfordIslamDictionary"/><ref>Template:Cite news</ref> Template:Langx, literally "pleasure marriage"; temporary marriage<ref>Hans Wehr Dictionary of Modern Written Arabic: a compact version of the internationally recognized fourth edition Template:Webarchive Ed. JM Cowan. New York: Spoken Language Services, Inc., 1994. Print.</ref>Template:Rp or sigheh<ref>Template:Cite news</ref> (Template:Langx, called muta'a in Iraq and sigheh in Iran) is a private and verbal temporary marriage contract that is practiced in Twelver Shia Islam<ref>Template:Cite news</ref> in which the duration of the marriage and the mahr must be specified and agreed upon in advance.<ref name="OxfordIslamDictionary"/><ref name="IslamicOrigins">Berg H. "Method and theory in the study of Islamic origins". Template:Webarchive Brill 2003 Template:ISBN, 9789004126022. Accessed at Google Books 15 March 2014. pp. 167-171,176</ref><ref name="IslamDictionary">Hughes T. A Dictionary of Islam. Template:Webarchive Asian Educational Services 1 December 1995. Accessed 15 April 2014.</ref>Template:Rp<ref name="Pohl (2010)">Pohl F. "Muslim world: modern muslim societies." Template:Webarchive Marshall Cavendish, 2010. Template:ISBN, 1780761479277 Accessed at Google Books 15 March 2014.</ref>Template:Rp It is a private contract made in a verbal or written format. A declaration of the intent to marry and an acceptance of the terms are required as in other forms of marriage in Islam.<ref>Template:Cite news</ref>

According to Shia Muslims, Muhammad sanctioned nikah mut'ah. Some Sunni and Western writers have argued that mut'ah approximates prostitution in a culture where prostitution is otherwise forbidden.<ref>Template:Cite book</ref><ref>Template:Cite book</ref><ref>Template:Cite book</ref>

Some sources say the Nikah mut'ah has no prescribed minimum or maximum duration,<ref name=labi>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> but others, such as The Oxford Dictionary of Islam, indicate the minimum duration of the marriage is debatable and durations of at least three days, three months or one year have been suggested.<ref name="OxfordIslamDictionary">Esposito J. "The Oxford Dictionary of Islam." Template:Webarchive Oxford University Press 2003 p221 Accessed 15 March 2014.</ref>

Proxy marriages

Nikah is permitted by proxy (i.e. via the telephone or video link), simply by both parties (or representatives on their behalf) exchanging declarations. This has caused issues in Western countries, such as the United Kingdom, which do not view proxy marriages as legitimate.<ref>Template:Cite book</ref><ref>Template:Cite journal</ref>

Forbidden marriages

Certain verses of Surah An-Nisa in the Quran spell out forbidden marriage practices. The prohibitions are given from the male perspective but apply to the female equivalents; e.g., for "aunt" read "aunt and uncle". In certain sections of the Jahiliyyah Arab tradition, the son could inherit his deceased father's other wives (i.e. not his own mother) as a wife. The Quran prohibited this practice. Marriage between people related in some way is subject to prohibitions based on three kinds of relationships.<ref>Template:Qref</ref>

<poem>4:19 O believers! It is not permissible for you to inherit women against their will or mistreat them to make them return some of the dowry ˹as a ransom for divorce˺—unless they are found guilty of adultery. Treat them fairly. If you happen to dislike them, you may hate something which Allah turns into a great blessing.

4:20 If you desire to replace a wife with another and you have given the former ˹even˺ a stack of gold ˹as a dowry˺, do not take any of it back. Would you ˹still˺ take it unjustly and very sinfully? 4:21 And how could you take it back after having enjoyed each other intimately and she has taken from you a firm commitment?  4:22 Do not marry the former wives of your fathers—except what was done previously. It was indeed a shameful, despicable, and evil practice. 4:23 ˹Also˺ forbidden to you for marriage are your mothers, your daughters, your sisters, your paternal and maternal aunts, your brother's daughters, your sister's daughters, your foster-mothers, your foster-sisters, your mothers-in-law, your stepdaughters under your guardianship if you have consummated marriage with their mothers—but if you have not, then you can marry them—nor the wives of your own sons, nor two sisters together at the same time—except what was done previously. Surely Allah is All-Forgiving, Most Merciful.</poem>{{#if:Template:Qref|{{#if:|}}

— {{#if:|, in }}Template:Comma separated entries

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Prohibitions based on consanguinity

Template:See also Seven relations are prohibited because of consanguinity, i.e. kinship or relationship by blood, viz, mothers, daughters, sisters, paternal aunts, maternal aunts, and nieces (whether sister's or brother's daughters). In this case, no distinction is made between full and half relations, both being equally prohibited. Distinction is, however, made with step relations i.e. where both the biological mother and father of a couple wishing to marry are separate individuals for both parties, in which case it is permitted. The word "mother" also connotes the "father's mother" and "mother's mother" all the way up. Likewise, the word "daughter" also includes the "son's daughter" and "daughter's daughter" all the way down. The sister of the maternal grandfather and of the paternal grandmother (great aunts) are also included on an equal basis in the application of the directive.<ref name=ghamid-mizan>Template:Cite book</ref>Template:Pages needed Marriage to a cousin is traditionally permissible and is permissible according to a number of scholars.<ref name="IQA-cousin">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="IWN-cousins">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> <ref name="Balanced Perspective">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name=Nassar-view>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="Siddiqi">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Prohibitions based on suckling

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} Marriage to what is sometimes described as foster relations in English is not permitted, although the concept of "fosterage" is not the same as is implied by the English word. The relationship is that formed by suckling from the breast of a wet nurse. This is what is meant by "fosterage" in Islam in the quotation below. In Islam, the infant is regarded as having the same degree of affinity to the wet nurse as in consanguinity, so when the child grows up, marriage is prohibited to those related to the wet nurse by the same degree as if to the child's own mother.

A hadith (reports) confirm that fosterage does not happen by a chance suckling; it refers to the first two years of a child's life before it is weaned.<ref>Muslim, Al-Jami' al-sahih, 616, (no. 3590)</ref><ref>Al-Bukhari, Al-Jami' al-sahih, 912 (no. 5102)</ref><ref>Muslim, Al-Jami' al-sahih, 619, (no. 3606)</ref><ref>"Every relationship which is prohibited (for marriage) owing to consanguinity is also prohibited owing to fosterage" Malik ibn Anas, Al-Mu'atta, 395-396, (no. 1887)</ref> Islahi writes that "this relationship is established only with the full intent of those involved. It only comes into being after it is planned and is well thought of".<ref>Amin Ahsan Islahi, Tadabbur-i Qur'an, vol. 2, 275.</ref>

Prohibitions based on marriage

The daughter-in-law is prohibited for the father, and the mother-in-law, the wife's daughter, the wife's sister and daughters of the wife's siblings (nieces), and the maternal and paternal aunts of the wife are all prohibited for the husband. However, these are conditional prohibitions:

1. Only the daughter of that wife is prohibited with whom one has had conjugal contact.
2. Only the daughter-in-law of a real son is prohibited.
3. The sister of a wife, her maternal and paternal aunts, and her brother's or sister's daughters (nieces) are only prohibited if the wife is in wedlock with the husband.<ref>Malik ibn Anas, Al-Mu'atta', 341, (no. 1600)</ref>

Other prohibited marriage partners

• Homosexual marriage—marriage of a man to a man, or a woman to a woman—is not recognized within Islamic law, based on explicit verses of the Qur'an and the traditional view of homosexual practices as illicit. <ref name="Umar-AI-2022">{{#invoke:citation/CS1|citation

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Nikah Halala

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} Nikah halala is also known as tahleel marriage<ref>Template:Cite book</ref> and is a practice in which a woman, after being divorced by a final divorce, marries another man, consummates the marriage, and divorces immediately for the sole purpose of remarrying her former husband. It is prohibited in Islamic law.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Nikāḥ Ijtimaa

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} 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.<ref>Although the Salafi Islamic scholar, Muhsin Khan, did not translate it in the English, the original Arabic text has Ayesha (Sahih Bukhari, Volume 2 Chapter 37, pages 44-45) {{#invoke:citation/CS1|citation |CitationClass=web }}</ref> This form of marriage was outlawed by Islam, and traditional jurisprudence requires that any man and woman be married prior to sexual intercourse.<ref>Although the Salafi Islamic scholar, Muhsin Khan, did not translate it in the English, the original Arabic text has Ayesha (Sahih Bukhari, Volume 2 Chapter 37, pages 44-45) {{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Nikāḥ Shighār

Nikāḥ Shighā is marriage (نکاح شغار) in which two men would exchange their daughters, sisters or other close women for marriage without paying mahr. It was prohibited by Muhammad.<ref>Sahih Bukhari 6960</ref>

Nikah Istibdaa

Nikah Istibdaa is a marriage ( نکاح استبضاع) 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.<ref>Sahih Bukhari 5127</ref>

Behavior within marriage

Spousal rights and obligations

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} Islam advocates a role-based relationship between husband and wife, where the husband has the main responsibility of earning. Both are obliged to fulfill the other's sexual needs. Both are obliged to treat each other with kindness.Template:Cn As a Sahih al-Bukhari hadith states:

Abd Allah ibn Umar narrated:

The Prophet said, "All of you are guardians and are responsible for your wards. The ruler is a guardian and the man is a guardian of his family; the lady is a guardian and is responsible for her husband's house and his offspring; and so all of you are guardians and are responsible for your wards."<ref>Sahih al-Bukhari: Volume 7, Book 62, Number 128</ref>{{#if:|{{#if:|}}

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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,

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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 parents' 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.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

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 (see haya) with regards to any relationships across gender lines, holding forth that intimacy as perceived within Islam (encompassing a swath of life more broad than strictly sex) is to be reserved for marriage.

Abd Allah ibn Mas'ud narrated:

We were with the Prophet while we were young and had no wealth whatever. So Allah's Apostle said, "O young people! Whoever among you can marry, should marry, because it helps him lower his gaze and guard his modesty (i.e., his private parts from committing illegal sexual intercourse etc.), and whoever is not able to marry, should fast, as fasting diminishes his sexual desire."{{#if:Volume 7, Book 62, Number 4:<ref>{{#invoke:citation/CS1|citation

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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 (most notably daytime fasting (see sawm) and menstruation) 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<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name = "100 facts" >http://facts.randomhistory.com/islam-facts.html , 100 Interesting Facts About …</ref> 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.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Therefore, Islam places different rights over the husband and wife.

Some similar rights which both the husband and wife owe to each other are:

• The right to enjoy each other.
• The right to inherit from each other.
• The right of confirmation of the lineage of their children.

Some rights which the husband owes to his wife are:

To treat her like an equal human being.

Some rights which the wife owes to her husband are:

• Being head of the household
• To be obeyed in all that is not disobedience to Allah
• Marital relations
• That she not allow anyone in the house of whom he disapproves
• That she not leave the house without his permission
• That she protect his property
• To be thanked for his efforts
• That she can only undertake a voluntary fast with his permission

These are some of the rights which spouses owe one another.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Divorce

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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.

See also

• Marriage in Islam
• BeenaTemplate:Snd a form of marriage used in pre-Islamic Arabia
• Islamic views on slavery
• Marriage and wedding customs in Islam
• The Sermon for Necessities
• Women in Islam
• Salat al-Istikharah - A prayer for seeking decisions from Allah, also observed for decision making in choosing spouse in marriage

Further reading

• Template:Cite book

External links

• Marriage in Islamic Law
• E-Book: MarriageTemplate:Snd A Form of Ibada
• E-Book: Wedding Customs and Non-Islamic Traditions
• Rights of husband and wife, and issues with joint family system
• The Etiquettes of Muslim Marriage Template:Webarchive
• Islamic Philosophy of Marriage
• VIDEO: British Man and French Woman talk about Becoming Muslims and how they got married. Template:Webarchive
• VIDEO: A French Muslim Convert Talks about Hijab and Marriage Template:Webarchive
• crescentlife.com's "Fundamentals of a happy marriage", a Muslim view of marriage structured around "21 F's", words beginning in F such as Faith, Forgiving, Forget, Forbearance, and so on. Similar content exists in multiple other sources, credited to various authors or uncredited.
• Why Muslim Singles Cannot Get Married
• The Wali in Islam:1,2,3,4,5
• Islam Marriages and Qur’an Teachings Template:Webarchive
• QuranicPath | Marriage of Believers