In Islamic law (sharia), marriage () is a legal and social contract between a man and a woman. Numerous hadiths support marriage, though their specific recommendations vary depending on individual circumstances and can accordingly require, encourage, discourage or forbid a Muslim from marrying.
A nikah marriage has several requirements and restrictions under shariah, including a gift known as a mahr, free, uncoerced and legal consent from the bride, groom, and the bride's guardian (wali) and the presence of two legal witnesses from each side to the signing or accepting of the contract. Marriage between individuals of the same gender or close relatives, including parents, siblings, aunts, and uncles, is forbidden. Cousins (including first cousins) are allowed to marry. Polyandry is prohibited for women, and men are not allowed to have more than four wives at any one time.
Outlook on marriage Marriage is a strongly encouraged practice in Islam. Muslims are obligated (fard) to marry if they can afford it and fear falling into temptation, have a desire for sexual intercourse and are afraid they might indulge in fornication. It is only recommended (mustahabb) where the individual does not fear committing a forbidden act. Where an individual suffers from madness, leprosy, genital disease, lack of sexual desire or similar afflictions, it is prohibited (haram), unless they inform the other party first.
Celibacy is not generally recommended. Some scholars regard a man who has married as having "fulfilled half of the religion", with men with the "largest number of wives" being considered "the best people of the Muslim Ummah." Fiqh considers marriage a farḍ al-'ayn or "absolute and individual obligation", regardless of their financial circumstances.
Istikhara in marriage
A Hadith recorded by Ibn Hibban suggests that the Prophet instructed that an engagement be kept secret until Istikhara is performed. Furthermore, before performing prayer, they should seek consultation (Istishara) and adopt the necessary practical measures found in the Hadith of Fatima bint Qais.
Requirements and regulations Organising marriages
Wali
Traditionally, marriages are arranged by families for their children. A wali is a "custodian", "protector" or guardian. The () has "full power to endorse a marriage on behalf of everyone under his care." Their oversight protects women from the "desires of the ill-hearted and evil opportunists" within the rights and independence that Islam grants her. In most schools of Islamic law, only the bride's father or paternal grandfather can take on this role.The Encyclopaedia of Islam, New Edition, Vol. VIII, p. 27, Leiden 1995. In the absence of either, 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 be allowed to act in this capacity.
The importance of the wali, and whether one is needed to approve the marriage, is debated between the different schools of thought, and may vary depending on whether the bride is a virgin or minor. One sahih hadith states that a marriage entered into without the wali's permission is considered invalid. Another suggests that a bride's "over herself concerning marriage takes precedence" over her guardian's, and should he "persist in his refusal" to let her marry "someone who has a proper background", "the qadi is authorised to give her away" instead.(Sharh Sahih Muslim, IX, 204; quoted in
The wali's approval of the marriage of a woman who has not previously been married is strongly recommended in the Hanafi school, and obligatory based on precaution in the Ja'fari school of Shia Islam. It is also considered compulsory in the Maliki, Shafi'i, and Hanbali schools of Sunni Islam,. It is unclear whether this requirement extends to divorced or widowed women as well.
Women who believe their wali is unreasonably preventing them from marrying the man they wish to marry may "refer the matter to Islamic Scholars or Islamic Shariah councils and let a Mufti or a Scholar from a Shariah council".
Consent
The Hanafi and Hanbali schools of jurisprudence require a bride's consent for marriage if she has reached the age of puberty. According to Ibn Taymiyyah, silence stemming from a woman's "natural shyness" may be sufficient.
The Maliki and Shafi'i schools of jurisprudence allow compelled consent where the bride-to-be is a virgin. The former also permits the compulsion of minors.
Separation of the sexes
Among more orthodox Muslims, unnecessary direct conversation between the prospective bride and groom before the nikah is forbidden, just as it would be between any other two non-mahram individuals. Negotiations and marriage proposals are generally conducted through parents or guardians. While a prospective groom cannot be alone with his prospective bride before the marriage, he is allowed to see her. Some jurisprudential schools limit this to her hands and face. The Hanbali school is more permissive and also allows him to look at her head, neck, arms, feet and legs.
Kissing is also prohibited before the nikah. Some scholars argue that it is not permissible in public even after marriage, as Muslim couples are expected to exercise haya in such spaces as it can lead to an "unrestricted, carefree and immoral atmosphere which Islam forbids."
Mahr
Mahr Muajjal is a mandatory gift given by the groom mentioned in the Quran. Unlike a bride price, however, it is given directly to the bride and not to her father. While it is typically money, it can also be a house, property, or business that is put in her name and can be run and owned entirely by her if she chooses. Traditionally, it cannot be taken back after a divorce, unless she committed adultery.
According to fatwa given in Hanafi and Hanbali fiqh, Mahr Muajjal must be paid at the time of the nikah. The payment date can only be postponed if both the bride and groom agree.
Al-Mahr al-Musamma is a type of mahr whose amount is agreed upon by the couple and specified in their marriage contract. One manner of determining the amount is dependent on the amount the bride's older sisters were given at the time of their marriage. Alternatively, Al-Mahr al Mithli is set according to the "assets" of the woman, such as the number and nature of her family, her ethnic background, beauty and intelligence. The minimum amount varies depending on the school of jurisprudence relied upon. Maliki fiqh sets this at three dirhams while Hanafi fiqh has a higher threshold of ten dirhams, Shia fiqh has no minimum, but sets a maximum of 500 dirhams or $.
Mahr Muakkar is given at the time of divorce or upon the husband's death.
Forbidden Actions
A prospective husband is forbidden from misrepresenting his suitability for marriage, including information regarding his lineage or physical status, to a woman or her wali. If he does and it is discovered, the bride has the right to nullify the nikah contract.
Muslims are forbidden from marrying a class of people known as their mahram according to a verse in Surah An-Nisa. This includes all first- and second-degree relatives, both biological and through marriage. Cousins, including first cousins, do not fall under this category.
Marriage between individuals of the same sex, those who have had the same woman breastfeed them and polytheists.
Interfaith marriage
Islamic law traditionally forbids Muslim women from marrying non-Muslim men. It allows men to marry "chaste" women of the People of the Book (i.e. Jews, Christians and Sabians) "under specific conditions".
In the 21st century, however, marriages between Muslim women and non-Muslim men have become "more and more" frequent, meeting with "varying degrees" of acceptance. Some modern Islamic scholars have begun to reexamine and reinterpret this traditional Sharia interpretation to allow this. While these scholars use "established and approved methodologies" to reach their conclusions, they still face considerable opposition from the majority of orthodox Islamic scholars and interpreters, and are criticised for contravening the traditional Sunni understanding of ijma.
Polygyny
Muslim men are allowed to take up to four wives at a time. According to Yusuf Al-Qaradawi, the condition for such marriages is that the man must be able to equitably deal with all of his wives "in the matter of food, drink, housing, clothing and expenses, as well as in the division of his time." Men who are unable to do this are prohibited from practising polygyny.
The Hanbali and Shaafi'i schools of jurisprudence recommend that a Muslim male take only one wife to ensure his duties to her are fulfilled. Other scholars inveigh against banning or discouraging polygyny on "restrictive, impractical" Western norms.
Women are not allowed to have more than one husband. One of the main reasons for this would be the potential questioning of the paternal lineage of any children they have.
Western practices Civil marriages in Western countries must meet "the basic conditions of Shari'ah" to be valid in Islam. Muslims are discouraged from following practices originating from European culture, such as wedding rings and bridal gowns, as it is an "imitation of the peculiar customs of the kafir" and is a form of shirk.
Men are also forbidden from wearing gold.
Islamic marriage ceremony
Witnesses
Sunni Islam requires two Muslim witnesses, who are of sound mind and have reached the age of puberty, from both sides to be present at the time of the marriage for the contract to be valid. The Hanafi school of jurisprudence states that both of these witnesses must be "trustworthy and pious" men. On the groom's side, three witnesses are required if two male ones are unavailable.
In Shia Islam, witnesses are not required (wajib) but are recommended (mustahabb) instead.
Nikah/Islamic marriage contract
If the conditions are met and a and contract are agreed upon, an Islamic marriage ceremony, or wedding, can take place. A muslim marriage contract is a legal agreement, affirmed both verbally and in writing, that either party can stipulate conditions within, which, when violated, grant the partner who included the clause the legal grounds to seek divorce.
A marriage requires an offer or proposal, known as an "ijab", from the bride's wali (or the person who is acting in his place) to the groom. Fiqh requires an indication of agreement from both the bride and groom following this. Traditionally, they repeat the word "Qubool" three times to achieve this. The contract is then signed, and the couple are considered married.
A Shia nikah ceremony requires the recitation of the Nikah Kalma and specific Quranic verses, as well as the couple to conduct a ghusl bath. Sunni ceremonies do not require this and are thus shorter in length.
Walima
The walima is a dinner hosted by the groom's side of the family to celebrate and welcome the bride to the family. It is a "strongly recommended" sunnah traditionally held as soon as possible after the nikah. The newly married couple is generally seated together discreetly, as it is considered 'makruh' to display the bride on a stage.
The Walima can include speeches, sermons, prayers, and poetry. Scholars recommend the playing of the Daf drum during the Walima, despite music being otherwise prohibited.
Types of marriage
Nikah
Nikah is the most common form of marriage for Muslims described in the Quran. It requires a legal contract that must, at minimum, be orally agreed to. It allows both parties to inherit from one another.
While it is intended to be permanent, the husband can terminate the marriage through talaq, or the wife can seek a khula. In Shia jurisprudence, the contract may also specify an end date.
Nikah misyar