Marriage in Islam

File:En Tyrkisk Notar, Som Afslutter En Aegtepagt (Martinus Rørbye).jpg

A Turkish notary drawing up a marriage contract in front of the Kiliç Ali Pasha Mosque, Tophane, Constantinople by Martinus Rørbye, 1837

File:Bride signing marriage papers.jpg

A Pakistani bride signing a marriage certificate

In Islamic law, marriage is accomplished through the marriage contract, known as a {{#invoke:Lang|lang}} (Template:Langx) or more specifically, the bride's acceptance of the groom's dowry (mahr) and the witnessing of her acceptance.<ref name="cyrill glasse-296">Template:Cite book</ref> The contract has rights and obligations for the man and woman,<ref name="explore-Islam.com">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> with rules on consent, financial obligations, and the treatment of partners, developed (according to Islamic sources) from the Quran, (the holy book of Islam) and hadith (the passed down saying and doings of the Islamic prophet Muhammad).

In addition to the requirement that a formal, binding contract of rights and responsibilities – either verbal or on paper<ref name=nikah101>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> – be drawn up, there are a number of other rules for marriage in Islam: among them that there be witnesses to the marriage, a gift from the groom to the bride known as a mahr, that both the groom and the bride freely consent to the marriage; that the groom be married to no more than four women (a practice known as polygyny), that the women be married to no more than one man. Divorce is permitted in Islam and can take a variety of forms, some executed by a husband personally and some executed by a religious court on behalf of a plaintiff wife who is successful in her legal divorce petition for valid cause.

In addition to the usual marriage intended for raising families, there are a few types of marriages in Islam that lack some requirement customarily present. Fixed-term marriages — known as Template:Transliteration, "temporary marriage"<ref name=Wehr-compact-1994-1045>Wehr, Hans. Hans Wehr Dictionary of Modern Written Arabic: a compact version of the internationally recognized fourth edition. Ed. JM Cowan. New York: Spoken Language Services, Inc., 1994. Template:Webarchive. Print.</ref>Template:Rp — is permitted only by the Twelver branch of Shia Islam.<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.</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. pp. 47–53.</ref> Nikah Misyar, lacks some conditions such as living together, and is permitted by some Sunni Islamic scholars;<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>Template:Cite book</ref><ref>Template:Cite journal</ref> Nikah 'urfi or "customary" marriage are marriages not officially registered with state authorities.

Traditional marriage in Islam has been criticized (by Modernist Muslims) and defended (by traditionalist Muslims) for allowing polygamy and easy divorce.<ref name=PiI-Philips-Jones-1999-14>Template:Cite book</ref>

Terminology

In the Hans Wehr Dictionary of Modern Written Arabic, {{#invoke:Lang|lang}} is defined as "marriage; marriage contract; matrimony, wedlock".<ref>Template:Cite book</ref> In the Quran, nikah is used to refer to the contract of marriage.<ref>Template:Cite encyclopedia</ref><ref>Template:Cite encyclopedia</ref><ref name=cornell59>Vincent J. Cornell (2007), Voices of life: family, home, and society. p. 59–60 (Marriage in Islam by Nargis Virani).</ref> According to at least a couple of sources -- Ibrahim B. Syed and the Ahlan Foundation -- the Quran also uses "a strong agreement" (Template:Langx), in verse Q.4:21, to refer to marriage.<ref name=irfi-SSMaMiI>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="IMB">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Template:EfnTemplate:Efn

In Arabic-speaking countries, marriage is commonly called zawāj (Template:Langx, from the Quranic term zawj (Template:Langx), referring to a member of a pair), and this term has recently gained currency among Muslim speakers of other languages as well.

The marriage contract is known by different names: Literary Arabic: {{#invoke:Lang|lang}} Template:Transliteration, "matrimony contract"; Template:Langx / ALA-LC: Template:Transliteration; Template:Langx; Template:Langx {{#invoke:Lang|lang}} "marriage" and {{#invoke:Lang|lang}} or {{#invoke:Lang|lang}} ({{#invoke:Lang|lang}}, {{#invoke:Lang|lang}}) for the certificate. The marriage celebration may be called ʿurs / zawāj (Template:Langx), ezdewaj/arusi (Persian), shaadi (Urdu), biye/biya (Bengali) or düğün (Turkish).<ref name=cornell59/>

History

Before Islam

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In Arabia before the advent of Islam in the 7th century CE, a variety of different marriage practices existed. The most common and recognized types of marriage at this time were marriage by agreement, marriage by capture, marriage by mahr, marriage by inheritance, and "Mot'a" or temporary marriage.<ref name="Shah">Template:Cite book</ref> In Mesopotamia, marriages were generally monogamous, except among male royalty, who would have harems consisting of wives and concubines. The Sasanian society followed Zoroastrianism, which viewed women to be possessions in marriage, although consent was required in both marriage and divorce.<ref name=":3">Template:Cite book</ref>

According to Islamic sources, most women in the pre-7th century Arabia had little control over their marriages and Islam brought a big improvement. They were bound by contract for marriage or custody of children, and their consent was rarely sought. Women were seldom allowed to divorce their husbands, and their view was not regarded for either a marriage or divorce.<ref name="Esposito 2002 80">Template:Cite book</ref>Template:Additional citation needed However, in the transitional age from non-Islamic to Islamic society, elite women could divorce and remarry without stigma. They were given the power to negotiate the terms of their marriage contract and could even initiate divorce.<ref name=":3" />

Reforms with Islam

During Muhammad's prophethood several chapters and verses from the Quran were revealed which banned common marriage practices that existed prior to that time. The rules of "marriage by agreement (marriage through consent)" were reformed by Muhammad, and strict rules and regulations were set. The practice of "marriage by inheritance" (where a man inherited his father's wives) was forbidden. <ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Under the Arabian Jahiliyyah (pre-Islamic) law, Islamic sources allege that no limitations were set on men's rights to marry or to obtain a divorce.<ref name="majid">Khadduri (1978)</ref>Template:Page needed Islamic law limited men to four wives at one time, not including concubines. (Template:Qref)<ref name="Espos">Esposito (2005) p. 79</ref> Additionally, a man was required to provide a suitable marriage gift for each wife and ensure financial support and separate housing for all. As a result, only the wealthiest men could historically afford to practice polygyny.<ref name=":4">Template:Citation</ref> The institution of marriage was refined into one in which the woman was somewhat of an interested partner. 'For example, the dowry, previously regarded as a bride-price paid to the father, became a nuptial gift retained by the wife as part of her personal property'.<ref name="majid"/><ref name="Espos"/> Under Islamic law, marriage was no longer viewed as a "status" but rather as a "contract". The essential elements of the marriage contract were now an offer by the man, an acceptance by the woman, and the performance of such conditions as the payment of dowry. The woman's consent, given either actively or by silence, was required. Furthermore, the offer and acceptance had to be made in the presence of at least two witnesses.<ref name="majid"/><ref name="Espos"/><ref name="OxfordDicT">Esposito (2004), p. 339</ref>

Encouragement

As in many if not all religions, marriage is encouraged. Verses from the Quran indicate positive feelings towards marriage in Islam.<ref name="MHC">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="8 verses">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

• “And marry those among you who are single and those who are fit among your male slaves and your female slaves;" (Surah an-Nur, 24:32)<ref name="IMH">Template:Cite book</ref><ref name="MHC"/>

• ˹They are˺ those who pray, “Our Lord! Bless us with ˹pious˺ spouses and offspring who will be the joy of our hearts, and make us models for the righteous.”Template:Qref<ref name="MHC"/>

• "And of His signs is that He created for you from yourselves mates that you may find tranquility in them, and He placed between you affection and mercy. (Surah Ar-Rum, 30:21)<ref name="explore-Islam.com"/><ref name="MHC"/><ref name="Amini-II"/>

Some hadith Muhammad is reported as saying are straightforward in calling for Muslims to marry:

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

|CitationClass=web }}</ref><ref name="IQA-2024">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

• “Marriage is part of my sunnah, and whoever does not follow my sunnah has nothing to do with me" (Sunan Ibn Majah).<ref name="Sunan Ibn Majah 1846">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref><ref name=ghazzali-farah>Template:Cite book</ref>

Specific reasons for marrying include its use in procreation and population increase of Muslims, valued according to hadith such as,

• "“Marry those who are loving and fertile, for I will be proud of your great numbers before the other nations.”<ref name="Sunan an-Nasa'i 3227">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref> (There are also traditions commanding Muslims not "to follow the monastic life of Christians”, (Al-Bayhaqi).<ref name="Fatwa 84026">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name=irfi-SSMaMiI/><ref name=ghazzali-farah/>

Another is that Islam is the religion of the fitrah, i.e. it is "consistent with the natural instincts and needs of mankind",<ref name=MaDiI-Dogarawa/> and opposes "unnatural constraints" such as the opposite of marriage, celibacy (according to Ahmad Bello Dogarawa and Ibrahim B. Syed).<ref name=irfi-SSMaMiI/> Marriage provides an outlet for one of fitrah's natural instincts and needs, namely sex, that might otherwise lead to illicit sex (zina), a great sin in Islam. This is mentioned in several traditions such as:

• The love of the desires for women, sons, ... has been made attractive to people. (Aal-'Imraan Q.3:14)<ref name=irfi-SSMaMiI/>

Marriage it provides an outlet for sex drive that might otherwise lead to illicit sex (zina), a great sin in Islam. This is mentioned in several traditions such as :

• Whoever among you can marry, should marry, because it helps him lower his gaze and guard his modesty, ....'" (Sahih al-Bukhari)<ref name="young people">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref><ref name=ZawajMir>Assadullah, Mir Mohammed. Weddings in Islam, zawaj.com</ref>

• “Whoever has the means, let him get married, and whoever does not, then he should fast for it will diminish his desire." (Sunan Ibn Majah)<ref name="Sunan Ibn Majah 1846"/>

Marriage provides a structure for the relationship between partners creating a family, and safeguards rights of members of the family.<ref name="EI">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name=MaDiI-Dogarawa>Template:Cite journal</ref>

Other revelation are less concerned about lack of money for a mahr, assuring Muslims God will "will make them free from want",

• “And marry those among you who are single and those who are fit among your male slaves and your female slaves; if they are needy, Allah will make them free from want out of His grace; and Allah is Ample-giving, Knowing.” (Surah an-Nur, 24:32)<ref name="IMH">Template:Cite book</ref>

Or that they should marry even if they can only afford a small mahr.

• "Marry, even with [a Mahr equal to] 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>

Marrying within the Muslim community and creating a “productive and constructive" family were members help and encourage one and other to "be good and righteous", helps to preserve the religion.<ref name=MaDiI-Dogarawa/><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name=irfi-SSMaMiI/>

Family life in Islam, finding a partner to share life's joys and sorrows,<ref name="Amini-II">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> is considered a "blessing", a source of stability,<ref name="BBC"/><ref name="muftisays">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>Template:Efn the foundation for families. By regulating sexual desire marriage prevents it from destabilizing the community, in the eyes of religious scholars of Islamic law. In a patrilineal society, where a person's social status is defined by their father's lineage, marriage was a crucial institution for controlling reproduction and ensuring that children were properly recognized and claimed, according to scholar Judith E. Tucker.<ref name=":4" />

What level of ruling in fiqh (ahkam) marriage is (obligatory, allowed, encouraged, etc.) has been explored by Islamic scholars. According to some sources, if a man has the means (mahr) to marry, and has no fear of mistreating his wife, marriage can be either obligatory (fard) if he fears committing unlawful acts (fornication) if he does marry; or only Template:Transliteration (preferred) if he does not fear this.<ref name="ruling-online">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="Fatwa 84026">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="IW 4 fiqh 86384">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Conditions, ceremony

File:Creative wedding photography.jpg

A Bengali groom during his wedding.

A Nikah ceremony (marriage) in Islam requires the presence of a (Template:Transliteration) of the bride, two Muslim witnesses, the offering of Mahr (a gift from the groom to the bride), freedom from any Islamic legal obstacles that might prevent the marriage from being valid, (such as the bride and groom being mahrams of one another, i.e., close relatives who are permanently forbidden to marry, or the man being a non-Muslim and the woman is a Muslim, etc.), and mutual consent in the form of a verbal exchange of acceptance ("qubool," meaning "I accept") ({{#invoke:Lang|lang}}, Template:Transliteration) and the signing of a marriage contract by the groom and bride.<ref>Template:Cite book</ref><ref>Template:Cite book</ref> The wali of the bride is normally a male relative of the bride, preferably her father. The wali can only be a free Muslim, unless the bride is of the Christian or Jewish faith; in such cases, the bride should be given away by someone from her religious background.<ref name="Islam, New Edition p. 27">The Encyclopaedia of Islam, New Edition, Vol. VIII, p. 27, Leiden 1995.</ref> The bride is usually present at the signing of the marriage contract.

Template:AnchorThe Template:Transliteration ({{#invoke:Lang|lang}}) is a technical term of Islamic law which denotes the guardian of a bride. In traditional Islam, the literal definition of Template:Transliteration, which means "custodian" or "protector", is used. In this context, it is meant that the silence of the bride is considered consent. In most schools of Islamic law, only the father or the paternal grandfather of the bride can be Template:Transliteration.<ref name="Islam, New Edition p. 27"/> However, in the absence of these, other male relatives such as the bride's brother, uncle, or even a male guardian appointed by a shariah court or the imam of a mosque may act as the walī, depending on the circumstances.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

If the conditions are met and a Template:Transliteration and contract are agreed upon, an Islamic marriage ceremony, or wedding, can take place. The marital contract is also often signed by the bride. The consent of the bride is mandatory. The Islamic marriage is then declared publicly, in Template:Transliteration (Template:Langx), by a responsible person after delivering a sermon to counsel and guide the couple. It is not required, though customary, that the person marrying the couple should be religiously well-founded in knowledge. The bridegroom can deliver the sermon himself in the presence of representatives of both sides if he is religiously educated, as the story goes about Imam Muhammad bin Ali around 829 AD. It is typically followed by a celebratory reception in line with the couple's or local customs, which could either last a couple of hours or precede the wedding and conclude several days after the ceremony.

Prerequisites

There are several conditions for an Islamic marriage to take place:

• A marriage should be conducted through a contract and a mandatory sum of wealth provided to the bride, which here refers to the Template:Transliteration. Once a Template:Transliteration has been ascertained with the realization that it is an obligation of a Muslim husband, the groom is required to pay it to the bride at the time of marriage unless he and his bride can mutually agree to delay the time of some of its payment. In 2003, Rubya Mehdi published an article in which the culture of mahr among Muslims was thoroughly reviewed. There is no concept of dowry<ref>Introduction to Islam by Dr. Muhammed Hamidullah</ref> as such in Islam. A dowry is a payment to the groom from the bride's family. Bride prices are also expressly prohibited.Template:Citation needed
• Another requisite of marriage is chastity. No fornicator has the right to marry a chaste partner except if the two purify themselves of this sin by sincere repentance.<ref>Template:Qref</ref><ref>Abu Da'ud, Sunan, vol. 2, 227, (nos. 2051 Template:Webarchive-2052 Template:Webarchive)</ref>
• Marriage is permitted for a man with a chaste woman either Muslim or from the People of the Book (Arabic Ahl al Kitab, Jews, Sabians and Christians) but not to polytheists (or "idolaters": Yusuf Ali translation or "idolatresses": Pickthall translation). For women, marriage to People of the Book is not permissible.
• Spoken consent of the woman is only required if she is not a virgin and her Template:Transliteration is neither her father nor her paternal grandfather. But a virgin may not be married off without her permission. If she is too shy to express her opinion her silence will be considered as implicit agreement [Al Bukhari:6968].<ref>{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref><ref>Muslim, Al-Jami' al-sahih, 596, (no. 3476)Template:Full citation needed</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Binti Khudham says that when she became a widow her father solemnized her marriage. She did not like the decision, so she went to Muhammad, who gave her permission to revoke her marriage.<ref> Al-Bukhari, Al-Jami' al-sahih, 919, (no. 5138) Template:Webarchive </ref> Hence, forced marriages are against Islamic teachings, and those forced into marriages before they have come of age have the right to contest them once they do.<ref name=forced>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

• The importance of the wali is debated between the different schools of thought. To the Hanafi Sunnis, a male guardian is not required for the bride to become married, even if it is her first marriage. Therefore, the marriage contract is signed between the bride and the groom, not the groom and the wali. To the Hanbali, Shafi'i, and Maliki Sunni schools, a Template:Transliteration is required for a virginal woman to marry. In these schools, if a woman gets divorced, she becomes her own guardian and does not need a Template:Transliteration to sign a marriage contract.<ref name="Marriage Without Wali">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref>

Rights and obligations of spouses

Template:See also According to Islam, both men and women have rights over each other when they enter into a marriage contract,<ref>Template:Qref</ref> with the husband serving as protector and supporter of the family most of the time, from his means.Template:Qref This guardianship has two aspects for both partners:

• According to one interpretation, the husband must be financially responsible for the welfare and maintenance of his wife or wives and any children they produce, to include, at a minimum, providing a home, food, and clothing. In return, it is the duty of the wife<ref name = "Keddie">Template:Cite book</ref> to safeguard the husband's possessions and protect how wealth is spent. If the wife has wealth in her own capacity, she is not obliged to spend it upon the husband or children, as she can own property and assets in her own right, so the husband has no right to her property and assets except by her wishes. A pre-marital agreement of the financial expectation from the husband is in the Template:Transliteration, given by him to the wife for her exclusive use, which is included as part of his financial responsibility.

Several commentators have stated that the superiority of a husband over his wife is relative, and the obedience of the wife is also restrictive.<ref>Amin Ahsan Islahi, Tadabbur-i Qur'an, vol. 2, 291–292</ref>

Women are also reminded that in case the husband is not fulfilling his responsibilities, there is no stigma on them in seeking divorce.Template:Qref The Quran re-emphasizes that justice for the woman includes emotional support, and reminds men that there can be no taking back of the Template:Transliteration or bridal gifts given to women unless they are found guilty of sexual immorality.Template:Qref In cases where the agreement was to postpone payment of the Template:Transliteration, some husbands will pressure their wives and insist on the return of what he gave her in order to agree to the dissolution of the marriage. "Where the husband has been abusive or neglectful of his responsibilities, he does not have the right to take his wife's property in exchange for her freedom from him. Unfortunately, most couples refuse to go to the judge and binding arbitration for these issues even though the Quran says:Template:Bq

Marriage contract

The marriage contract is concluded between the wali (guardian) of the bride and the bridegroom and bride. The wali of the bride can only be a free Muslim. The wali of the bride is normally a male relative of the bride, preferably her father. According to most scholars, if the bride is a virgin, the wali mujbir can not force the bride into the marriage against her proclaimed will.

Mahr, dowry and gifts

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} Template:Transliteration (donatio propter nuptias)<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> differs from a marriage dowry or gift, in that it is mandatory for a Muslim marriage and is paid by the groom to the bride. The amount of money or possessions of the Template:Transliteration is paid by the groom to the bride at the time of marriage for her exclusive use.<ref>Kecia Ali, "Marriage in Classical Islamic Jurisprudence: A Survey of Doctrines", in The Islamic Marriage Contract: Case Studies in Islamic Family Law 11, 19 (Asifa Quraishi & Frank E. Vogel eds., 2008).</ref> If the marriage contract fails to contain an exact, specified mahr, the husband must still pay the wife a judicially determined sum.<ref>PEARL & MENSKI, supra note 11, ¶ 7–16, at 180.</ref> Mahr functions similar to bride wealth.

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>

Importance of forced/un-consented marriages

According to Shi'i mujtahid and marja' Khomeini<ref>Risalah-ye Towzihul Masaael-e Imam Khomeini. (Persian and Arabic). Title translation: Imam Khomeini's Islamic Laws Explanation Book . Niloofaraaneh Publications. With the cooperation of Mosol, Gorgan and Ebadorrahmaan Publications. 18th print. 2011. Template:ISBN. Bibliographical data Template:Webarchive."Pages 375 & 376. Marriage Contract Requirements and Conditions. Question No. 2370. Translation: "Marriage contract and marriage agreement have several requirements: First,.... Fifth, Woman and man [must] be content to the marriage and must be willing for it; but, if the woman, in appearance (apparently), gives permission reluctantly and it is obvious and known that she is content to the marriage inly (= in heart), the contract and agreement are valid"</ref> and Ali al-Sistani,<ref>http://www.sistani.org/english/book/48/ . See marriage links in the table of contents. Permanent version</ref> and also almost all contemporary scholars, the marriage is invalid without the bride's free consent and no obligation can make marriage official and legal.<ref>Resaaleye Daneshjouyi; Porsesh-ha va Pasokh-ha. Motaabeghe Nazar-e 10 Tan az Maraaje'e Ezaam. رساله دانشجویی؛ پرسش ها و پاسخ ها. مطابق نظر ده تن از مراجع عظام. Ma'aaref Publication. Student's Risalah. Questions and Answers. Compatible with the Fatwa of Ten People of Marja's. Template:ISBN.</ref>

A notable example of this is the Hanafi school (the largest of the four classical schools of Sunni Islamic thought), which holds that a bride's permission is required if she has reached puberty. They also hold that if a bride was forced into marriage before reaching puberty, then upon attaining puberty, she has the option to nullify the marriage if she wishes. A wali other than the father or the paternal grandfather of the bride, then called wali mukhtar, needs the consent of the bride. If the bride is silent about the issue, i.e. her wali expressed his intention to marry her off to a certain man, and she did not object to it, then consent is assumed via her lack of objection.<ref name="Encyclopaedia Islam">Encyclopaedia of Islam New Edition, Leiden 1995, tome 8, page 27 b, article Nikāḥ: "The wali can only give the bride in marriage with her consent, but in the case of a virgin, silent consent is sufficient. The father or the grandfather, however, has the right to marry his daughter or granddaughter against her will, as long as she is a virgin (he is therefore called wali mudjbir, wali with power to coercion); the exercise of this power is, however, very strictly regulated in the interests of the bride."</ref>

International human rights responses

Template:Further Children in someTemplate:Which Muslim sub-cultures who defy their parents' wishes may in practice, suffer penalties supported by the community. International awareness, campaigns and organizations such as the U.K.'s Forced Marriage Unit have recognized the severity of this human rights issue, and their rescue and support services extend beyond the borders of U.K. territories. Some countries have instituted prison time for parents who try to coerce their children into such unions.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Prohibited marriages

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File:Signing the Nikah.jpg

A Pakistani-American bride signing the nikah nama (marriage certificate)

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> The following prohibitions are given from the male perspective for brevity; the analogous counterparts apply from the female perspective; e.g., for "aunt" read "uncle". The Quran states:

<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:|}}

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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>Template:Cite book</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>

Prohibition based on religion

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The Quran states:

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.{{#if:Template:Qref|{{#if:|}}

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O believers! When the believing women come to you as emigrants, test their intentions—their faith is best known to Allah—and if you find them to be believers, then do not send them back to the disbelievers. These ˹women˺ are not lawful ˹wives˺ for the disbelievers, nor are the disbelievers lawful ˹husbands˺ for them. ˹But˺ repay the disbelievers whatever ˹dowries˺ they had paid. And there is no blame on you if you marry these ˹women˺ as long as you pay them their dowries. And do not hold on to marriage with polytheistic women. ˹But˺ demand ˹repayment of˺ whatever ˹dowries˺ you had paid, and let the disbelievers do the same. That is the judgment of Allah—He judges between you. And Allah is All-Knowing, All-Wise.{{#if:Template:Qref|{{#if:|}}

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Interfaith marriages are recognized between Muslims and non-Muslim People of the Book (usually enumerated as Jews, Christians, and Sabians).<ref name=ODI>Template:Cite encyclopedia</ref> Historically, in Islamic culture and traditional Islamic law Muslim women have been forbidden from marrying Christian or Jewish men, whereas Muslim men have been permitted to marry Christian or Jewish women.<ref>Template:Cite book</ref><ref>Template:Cite journal</ref> It is lawful for Muslim men to marry Jewish or Christian women but not a polytheist woman.(Template:Qref)

Prohibited marriage partners

• Marriage between a man and his sister, half-sister, foster sister, mother, stepmother, foster mother, wife's mother, aunt, grandmother, great aunt, great-grandmother, etc.
• Marriage between a woman and her father, stepfather, husband's biological father, uncle, grandfather, great uncle, great-grandfather, etc.
• Marriage of a man to women who are sisters or stepsisters or foster sisters of each other (except if marrying one who was separated from her husband by divorce or death)
• Marriage of a man to women who are sisters or stepsisters of his mother or father.Template:Citation needed

Polygamy

According to the Shariah (Law), Muslims are allowed to practice polygyny. According to the Quran, a man may have up to four legal wives only.

If you fear you might fail to give orphan women their ˹due˺ rights ˹if you were to marry them˺, then marry other women of your choice—two, three, or four. But if you are afraid you will fail to maintain justice, then ˹content yourselves with˺ one or those ˹bondwomen˺ in your possession. This way you are less likely to commit injustice.{{#if:Template:Qref|{{#if:|}}

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Other verses prohibit marriage to a close relative of any of the multiple wives (a wife's sister, daughter, mother, neice, aunt, etc.).<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Even then, the husband is required to treat all wives equally and be just to all (emotionally as well as financially). In addition a bride-to-be may include terms in her marriage contract that require monogamy for her husband or require her consent before he marries another wife.<ref>https://www.aljamiah.or.id/index.php/AJIS/article/download/82/105&ved=2ahUKEwiokJaklsrvAhXVVBUIHdXaDhkQFjALegQIChAC&usg=AOvVaw0bzsy9uuHYVsCSol-DxEYX Template:Bare URL PDF</ref>

Divorce

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife. The theory and practice of divorce in the Islamic world have varied according to time and place.<ref name=OEIW-modern>Template:Cite encyclopedia</ref>

The main categories of Islamic customary law of divorce are talaq (repudiation), khulʿ (mutual divorce) and faskh (dissolution of marriage before the Religious Court).<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Historically, the rules of divorce were governed by the Sharia, as interpreted by traditional Islamic jurisprudence (fiqh). There were several different schools of jurisprudence (madhhab),<ref name=OEIW-hist>Template:Cite encyclopedia</ref> and historical practice sometimes diverged from legal theory.<ref name=OEIW-hist/> In modern times, as personal status (family) laws were codified, they generally remained "within the orbit of Islamic law", but control over the norms of divorce shifted from traditional jurists to the state.<ref name=OEIW-modern/>

Hanafi/Ottoman rules on divorce and remarriage were fragile and complex. The husband, in repudiating his wife, could declare an irrevocable or revocable divorce. The irrevocable divorce was immediate and the women could not be remarried until after a specific waiting period. One example of a waiting period would be having to wait for three menstrual cycles from the time of the divorce. In the case of the death of the husband, the woman must wait four months and ten days after his death. If the woman is pregnant, she must wait until after the child is born before remarrying. If the divorce was revocable, the divorce is not final until after the waiting period. However, they could remarry if it was a revocable divorce. Many couples did get remarried after a revocable divorce.

The women's ability to divorce was much different and much more limited. If the woman finds out the husband has some disease or is impotent, she has grounds for divorce but must give her husband a year to consummate the marriage before divorce is allowed. Also, the women can divorce by using the "option of puberty" in which the women would have to provide witnesses of the menstrual blood. Finally, a woman could use the "hul", which is a Turkish word, for divorce. This is when the woman asks the husband for a divorce, and he repudiates her for consideration. After that, essentially, it is trading property for the person.<ref>Template:Cite journal</ref>

The Qur'an encourages cooperation in marriage, this is done by giving specific rules to follow. One verse says "Consort with them honorably; or if you are averse to them, it is possible that you may be averse to a thing, and God set in it much good".<ref name="Husni">Template:Cite book</ref> Divorce could lead to women losing their morality or purity if certain values were not followed correctly. The Qur'an exemplifies that divorce is not meant to be the man getting back at the woman. It is to allow the man and the woman to peacefully split up for the good of each other. It also allows for multiple remarriages between the same couple. The couple can divorce and get back together up to two times but after the second remarriage, the divorce is final and there are no more remarriages allowed.

The reason the man typically gets the right to divorce is that his judgment is thought to be more balanced than a woman's. Again, the only reason the woman can ask for a divorce is if there is something significantly wrong with the man. Divorce was supposed to be reserved as a last resort and not something that was used for harm or for trivial disagreements. The Qur'an says, "Divorce must be pronounced twice and then (a woman) must be retained in honor or released in kindness",<ref name="Husni"/> which exemplifies that it was supposed to be honorable for both man and woman if it needed to be done. It was not taken lightly, and it was a big decision for both parties.

Iddah

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} A woman cannot marry after a divorce or the death of her husband for a certain period. This period is known as iddah.

• A divorcée in between menarche and menopause has iddah for three menstrual cycles, no matter how long it takes.
• A divorcée as well as a widow after menopause has the iddah of 3 months and 10 days.
• A pregnant divorcée as well as a widow has iddah till the end of her pregnancy, whether the pregnancy ends in any way: by delivery, abortion or miscarriage.
• A widow after menopause has iddah for four lunar months and ten days.Template:Citation needed

Modern implementations

In today's world, Muslims practice Islamic marital laws in a multitude of ways all over the globe. In the United States, for example, 95% of Muslim American couples included in a 2012 study by the Institute for Social Policy and Understanding (ISPU) had completed both the Nikah and had obtained a civil marriage license, which is required to have a marriage legally recognized in the United States.<ref name=":0"> {{#invoke:citation/CS1|citation |CitationClass=web }}</ref> The study also shares that "In some cases, the Islamic marriage contract is completed once the couple has decided to get married, but cohabitation occurs later after the wedding reception. In other cases, the Islamic marriage contract is completed simultaneously with the civil marriage and is followed immediately by the wedding reception."<ref> {{#invoke:citation/CS1|citation |CitationClass=web }} </ref>

There is ongoing debate about whether or not Sharia should be recognized in Western countries like the United States and Australia that would allow for the Nikah to be recognized as a legally valid marriage.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> There are also other elements to the Islamic marriage rituals that have difficulty being acknowledged in courts, according to the study, including the Mahr, or the dowry. Women who are denied their dowry do not have a clear path to legal contestation in either the US or Canada.<ref name=":0" />

Studies have also shown that even young Muslim Americans who might describe themselves as "not very religious" embrace the rituals of their faith at important moments of transition – birth, death, and marriage. These occasions motivate reaffirmation of emotional and behavioral touchstones, even for those who do not practice their faith by attending mosque, praying or fasting regularly.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

When it comes to divorce, the 2014 study conducted by the ISPU states that, "Two divorce rates commonly cited for American Muslims include 32.33% and 21.3%, respectively."<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Within the United States and Canada, many Muslim couples interviewed in the study mention that they value a religious divorce and its proceedings.<ref name=":1">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Some turn to religious figures to help them navigate the divorce process, while many still go through the courts to terminate the civil marriage.<ref name=":1" /> Divorced Muslim women today also face the stigmas associated with being divorced within the North American Muslim community that can make it difficult for them seek remarriage.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Gender roles and ideas about marriage have also shifted since the early onset of Islam when many of the rules around marriage were established. ISPU reports that "the most frequent source of marital conflict in this study was conflict over changing gender roles and expectations,"<ref name=":2">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> citing a nation-wide increase in women in higher education and professional jobs over the past three decades, and says that they "In many cases are trying to integrate childrearing and family life with professional goals".<ref name=":2" />

See also

• Islamic marital practices
• Islamic marital jurisprudence
• Islamic sexual jurisprudence
• Arabikalyanam, temporary marriage between Muslim men from the Middle East and economically disadvantaged women from southern India.
• Kafa'ah, compatibility of prospective spouses
• Minangkabau marriage, marriage practices of West Sumatra, Indonesia
• Nafaqah, "expense"; financial obligations of the husband
• Musta'jara, secret marriage
• Nikah halala, the marriage of a woman to a second man after a triple talaq (divorce)
• Nikah mutʿah or Zawāj mutʿah, "pleasure marriage"; a fixed-term marriage in Shi'ite Islam, also known as sigeh or sigheh in Iran
• Nikah 'urfi, a "customary" Sunni Muslim marriage contract
• Polygamy in Islam
• Rada (fiqh), prohibited marriage due to fosterage (Islamic) or suckling
• Salat al-Istikharah - A prayer for seeking decisions from Allah, also observed for decision making in choosing spouse in marriage
• Walima, a marriage banquet offered by the groom the day after the signing of the marriage contract

Further reading

• Template:Cite journal
• Pirzada, Hafsa. Islam, Culture, and Marriage Consent: Hanafi Jurisprudence and the Pashtun Context. Switzerland, Springer International Publishing AG, 2022.