Dissolution of Marriage in the Shari’a
Why Should Marriages be Terminated?
In order for the institution of marriage to fulfill its goals as described earlier, divorce must be allowed in certain situations. Those religions and/or societies which deviated from this point and imposed the fiction of “till death do us part” in all cases have been responsible for untold human misery and sin. This law is not suited to human nature and Islam does not force us to apply laws which are extreme – neither celibacy, permanent marriage without the possibility of divorce, nor promiscuity and mayhem (the most popular one in our time). Continue reading Fiqh of Marrage – Divorce
• Nushuz (Marital Discord)
Allah Most High blessed this ummah with the most comprehensive and perfect law ever given to mankind – the shari’a.
This law did not fail to give us solutions to one of the most common everyday problems of human life: problems between husband and wife. Even if both the husband and wife are pious, practicing Muslims in a general sense, marriage presents additional tests which many do not pass as well as they should. Continue reading Fiqh of Marriage – Nushuz (Marital Discord)
Effect of a Sound Marriage: Rights of the Husband and Wife
The first thing that every married Muslim must realize is that one’s spouse is first and foremost another Muslim. He/she is one’s brother and sister in Islam. Therefore, at minimum all rights that fall upon a Muslim due to the general brotherhood of Islam are also due to one’s spouse… Continue reading Fiqh of Marriage – Rights & Duties
Public Announcement, Wedding Feast (Walimah), Etiquettes of Coming Together
Public Announcement of the Wedding
The majority of the scholars say that the public announcement of the wedding is mustahabb (preferred, but less than obligatory), but authentic hadith prove that it is obligatory. It is never permissible to follow the opinions of scholars and imams once an authentic and clear hadith is found to the contrary. All of the four imams and other scholars forbid us to do this with their opinions. Az-Zuhri says that the announcement is obligatory and states that if two people get married secretly with two witnesses and ask them to keep it secret, they should be separated immediately and the woman must wait an ‘iddah and receive her dowry. As we saw earlier, Imam Malik’s opinion on this situation was that they be separated and never again allowed to marry. A likely reason for the opinion of many scholars being that announcement was less than obligatory is: Continue reading Fiqh of Marriage – Announcements
The mahr (dowry) is something that is paid by the man to his wife. It is paid to the wife and to her only as an honor and a respect given to her and to show that he has a serious desire to marry her and is not simply entering into the marriage contract without any sense of responsibility and obligation or effort on his part.
It has been referred to by many names in the texts and the books of fiqh:
Continue reading Fiqh of Marriage – The Mahr (Dowry)
Marriage in Islam is a contract. Thus, as in any contract in Islam, there are elements which are considered essential to its existence, called arkan, the possibility of stipulations of different kinds, legal effects of the contract, etc. Each of these should be understood properly in order to ensure that the marriage has been performed in the proper manner and the rightful effects of the marriage are granted to each of the participating partners. Continue reading Fiqh of Marriage – The Marriage Contract