Stipulating conditions in marriage contracts in Islam: Permissible?
The basic principle with regard to the conditions stipulated by both partners in the marriage contract is that it is a valid condition that must be fulfilled, and it is not permissible to break it. The proof is that the Prophet (blessings and peace of Allah be upon him) said: “The condition which most deserves to be fulfilled is that by means of which intimacy becomes permissible for you.” Narrated by al-Bukhari (2721) and Muslim (1418).
What are the conditions for a Nikkah contract to be valid ?
A marriage contract is valid in Islam if the following conditions are met, even if the marriage does not take place in a court, or in the presence of a Judge or the Imaam of the masjid. In addition, it does not need to be written. The waliy (guardian) of the girl has accepted the proposal by saying, for example, “I marry you my daughter”, and the one who proposed has replied, for example, by ” I accept,” or “I am satisfied” (i.e. with his acceptance). This takes place in the presence of two witnesses The woman is legally eligible to marry the man according to Islamic shari’ah (that is she is not a Mahram of the proposer [those to whom the proposer is forbidden to marry. etc.]) Allah knows best.
Is it valid to do the marriage contract over a WebCam?
The most correct view with regard to this matter is that it is permissible to do the marriage contract over the phone or Internet, if there is no danger of tampering, the identity of the husband and wali is proven, and the two witnesses can hear the proposal and acceptance.
What is misyar marriage?
Misyar marriage is where a man does a Shar’i marriage contract with a woman, meeting the conditions of marriage, but the woman gives up some of her rights such as accommodation, maintenance or the husband’s staying overnight with her.
Renewing a marriage contact after coming to Islam
The scholars are unanimously agreed that if a couple become Muslim together at the same time, they remain together on the basis of their (original) marriage contract, so long as there are no ties of blood or via breastfeeding between them. Many people became Muslim at the time of the Messenger of Allah (blessings and peace of Allah be upon him), and their wives also became Muslim, and their marriage contracts were accepted. The Messenger of Allah (blessings and peace of Allah be upon him) did not ask them about the conditions of their marriage or how they had got married. This is something that is known via mutawaatir reports and is well established, thus it is certain.
What is the ruling about Mutah Marriage?
As for mut’ah marriage, which means marrying for a set time limit agreed upon by both parties, for a specified mahr (dowry), after which the marriage contract is annulled upon expiry of that time period – this is a haraam marriage contract which is not valid at all.
What is Urfi marriage?
With regard to “ ‘urfi marriage” – there are two types of this:
1 – Where the woman is married in secret, without the agreement of her wali (guardian). If that is the case then it is a haraam marriage contract which is not valid, because the agreement of the wali is one of the conditions of the marriage contract being valid.
2 – Marriage with the agreement of the woman and her wali, but without announcing the marriage publicly, or registering it in the shar’i or civil courts, but there are witnesses. If this is the case, then it is a valid marriage from the point of view of having met the necessary conditions, but it goes against the Islamic command to publicize the marriage.
Marriage without mahr?
Marriage without stating the mahr is of two types. The first is that in which the mahr is not mentioned at all, and the man gives his daughter in marriage without any mahr, so he says: I give you my daughter in marriage, and the suitor says: I accept – without mentioning any mahr, as happened in your case.
The second type is that in which the mahr is mentioned without specifying its amount, such as if the suitor says to the wali: I will give you what you want of the mahr, or the wali says to the suitor: Give whatever you see fit, and so on.
The wife is to be given a mahr like that of her peers in both cases.
What does Islam say about love marriage?
The issue of love marriage s depends on the ruling on what came before it. If the love between the two parties did not transgress the limits set by Allah or make them commit sin, then there is the hope that the marriage which results from this love will be more stable, because it came about as the result of the fact that each of them wanted to marry the other.
If a man feels some attraction towards a woman whom it is permissible for him to marry, and vice versa, there is no answer to the problem except marriage . The Prophet (peace and blessings of Allah be upon him) said: “We do not think that there is anything better for those who love one another than marriage.” (Narrated by Ibn Majah, 1847;
Who is considered a legal walee?
If there is no father, then the grandfather is the wali. If there is no grandfather then her brothers are her walis, and it is does not matter if they are younger than her, but it is essential that the wali be an adult. If one of her brothers is an adult then he is her wali, even if he is younger than her.
I am a revert and have no Muslim guardian.
If the woman does not have any wali who can give her in marriage, then that role may be filled by the Muslim qaadi (judge), if there is one. If there is no qaadi, as is the case for Muslim communities living in the West, then the imam of the mosque, or a scholar, or a Muslim man of good character may give her in marriage.
What are the conditions of a Walee/guardian?
The conditions of the walee are as follows:
- He should be of sound mind
- He should be an adult
- He should be free (not a slave)
- He should be of the same religion as the bride. A kaafir cannot be the walee of a Muslim, male or female, and a Muslim cannot be the walee of a kaafir, male or female, but a kaafir can be the walee of a kaafir woman for marriage purposes, even if they are of different religions. An apostate (one who has left Islam) cannot be a walee for anybody.
- He should be of good character (‘adaalah – includes piety, attitude, conduct, etc.), as opposed to being corrupt. This is a condition laid down by some scholars, although some of them regard the outward appearance of good character as being sufficient, and some say that it is enough if he is judged as being able to pay proper attention to the interests of the woman for whom he is acting as walee in the matter of her marriage.
- He should be male, as the Prophet (peace and blessings of Allaah be upon him) said: “No woman may conduct the marriage contract of another woman, and no woman can conduct the marriage contract on behalf of her own self, because the zaaniyah (fornicatress, adulteress) is the one who arranges things on her own behalf.”
(Reported by Ibn Maajah, 1782; see also Saheeh al-Jaami’, 7298)
7 . He should be wise and mature (rushd), which means being able to understand matters of compatibility and the interests of marriage.
