Nikah (Marriage) General Rules
Nikah, or Nikkah, (Arabic: النكاح ), is the matrimonial contract between a bride and bridegroom within Islamic marriage. Nikah (literally means: contract) which is described in the Holy Qur’an [Surah 4:4].
In the Sharia (Islamic law), a marriage (zawaj زواج) is a legal bond and social contract between a man and a woman.
Islamic marital jurisprudence
Q4:1. O mankind! Be careful of your duty to your Lord Who created you from a single soul and from it created its mate and from them twain hath spread abroad a multitude of men and women. Be careful of your duty toward Allah in Whom ye claim (your rights) of one another, and toward the wombs (that bare you ). Lo! Allah hath been a Watcher over you.
Legal Issues
There are three criteria for defining legal issues in Islamic jurisprudence (fiqh):
- Shari : something that is clearly defined in the Shariah [i.e. Al Quran].
- ‘Urfi : conventional or common tradition [i.e. strictly Islamic Tradition “The Sunnah”]. An ‘Urfi definition is acceptable to the common people without any scientific or Shari precision.
- Ilmi : a definition presented by science [common sense].
If the shariah defines something, all Muslims must follow that definition. If the shariah is silent on an issue, Muslims should follow the Urfi customary definition [i.e. strictly Islamic Customs only]
Islamic marriage contract
The purpose, rules, and regulations of the Islamic marriage contract. A Muslim marriage is not a sacrament, but a simple, legal agreement in which both partners agree to uphold the rights they have over each other as required from them in terms of the Shariah Islamic Law. These conditions are part of the marriage contract. Violating any of the conditions [rights they have over each other] stipulated in the Shariah is legal grounds for a partner to be seeking a divorce. The first part of the Nikah, marriage ceremony is the signing of the marriage contract itself.
Divorce is not forbidden but stands as a last resort, however the dissolution of the contract, Talaq divorce, is often described as the most disliked of permissible things in Islam and should be used as a last resort. Main article: [Talaq]
Conditions/ Regulations
Nikah is based on several conditions. When these conditions are fulfilled, then a man and a woman are proclaimed as husband and wife and can live together and carry on their marital duties. These are some of the conditions that must be fulfilled:
- The Nikah is aimed to be permanent, but can be terminated by the husband when engaging in the Talaq (divorce) process or the wife is seeking a divorce based on a valid reason.
- The couple inherit from each other.
- A legal contract is signed when entering the marriage.
- Giving free consent to the marriage personally or through a close relative like father (called Wali). A man and woman say in clear voice three times that they accept (name of the person and his/her father name is called [e.g. Sara daughter of Ibrahim/ Mohammed son of Abdullah) as their husband/wife.
- The amount of Haq-e-Mahr (marriage money) is agreed upon, announced, and paid to the bride at the spot or paid in the future.
- Two adult free men witness the ceremony.
- The Nikah is publicised or advertised widely.
The Nikkah Nama or a Marriage Certificate [a legal contract] is signed by the bride, bridegroom’s Wali (Representative i.e. the father or close relative) and the two witnesses; this is done immediately after the Wali (Representative of the bridegroom) has given his free consent.
A marriage is registered by the Qadi [Muslim judge] who performs the short ceremony. Unlike the wedding ring in Kufr societies, there is no visible sign worn to show a woman or a man is married. However, some Muslims have found the wedding ring to be a non-religious tradition and have used a ring.
Societal role
The Nikah contract requires the consent of both parties very strictly if they are adults. It is Islamic tradition to pre-arrange a marriage for young children. However, the marriage still requires consent of the concerned man and woman when they reach puberty (adulthood) when the wedding actually goes ahead. Islam does allow divorce (See Article: Talaq) so the Nikah contract is revocable but discouraged in Islam and is not highly sought after. Marriage is seen as a necessity in Islam and is seen as helpful in avoiding the sin of Zina (extramarital sex/adultery) or cruelty.
Mahr
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.
Walima
Walima (marriage banquet)
Walima (Arabic: وليمة), [the marriage banquet], 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 Mohammed Sallallahu Alaihi Wa’salaam) and it is recommended to be held earliest possible day after the Nikah. It is one of the two traditional parts of an Islamic wedding. The Walima is performed after the Nikah, (Arabic نكاح) or marriage ceremony. The word Walima is derived from walam, meaning to gather or assemble. It designates a feast in classical Arabic . Walima is used as a symbol to show domestic felicity in the household post-marriage. In Modern Arabic the word “ʿurs” عرس is used for “wedding”.
Permissible age for marriage
The permissible age of marriage is at puberty; by the time one reaches maturity sexually and mentally.
Marriage Proposal given by the Man or the Women
A woman or man may propose marriage directly or through an intermediary (matchmaker).
Arranged marriages
An engagement may be arranged between families for their children, but Islamic requirements for a legal marriage include the requirement that both parties are able to give informed legal consent (ijab-o-qubul). A marriage without this consent or performed under coercion is considered void and may be annulled on those grounds.
It is Islamic tradition that a wedding not commence until both parties are fit for sexual relations.
Polygyny
Polygyny in Islam is permitted under restricted conditions. Polyandry, on the other hand, is strictly prohibited.
3. Marry of the women, who seem good to you, two or three or four; and if ye fear that ye cannot do justice (to so many) then one (only) or (the captives) that your right hands possess. Thus it is more likely that ye will not do injustice. 4. And give unto the women, (whom ye marry) free gift of their marriage portions; but if they of their own accord remit unto you a part thereof, then ye are welcome to absorb it (in your wealth). 5. Give not unto the foolish [wasteful] (what is in) your (keeping of their) wealth, which Allah hath given you to maintain; but feed and clothe them from it, and speak kindly unto them.
Muslims have consensus (ijma) on interpretation of the following verse in the Quran:
And all married women (are forbidden unto you) save those (captives) whom your right hands possess. It is a decree of Allah for you. Lawful unto you are all beyond those mentioned, so that ye seek them [propose] with your wealth [give mahr] in honest wedlock [Nikkah True Marriage Q4:4], not debauchery. And those of whom ye seek content (by marrying them), give unto them their portions [i.e. explain their rights] as a duty. And there is no sin for you in what ye do by mutual agreement after the duty (hath been done). Lo! Allah is ever Knower, Wise.[Qur'an 4:24]
We [the UNM Intl Ulama] have made it clear in explanation so that people may understand the verse properly as one can not take only one part of the Quran and shun the rest of the Shariah of Allah which is upon us. If you read the full section before and after this verse it becomes evident of what Allah commands in this regard. Allah Himself says He has set the Quran in orderly fashion, that the Quran was first revealed in portions to strengthen the heart with Imaan, the Quran have been made clear and easy to understand, the Quran is completed so judge by it in full or do you chose error in place of Allah’s guidance? For many years people have distanced from Allah’s Shariah and made their own thoughts the Shariah of their choice. Allah refers to men of understanding in Quran not men of “thought”.
Behaviour within marriage
Rights and obligations of spouses
Main article: Rights of both the Wife and Husband over each other
Islam advocates a role-based relationship between husband and wife.
`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.”
—Sahih al-Bukhari: Volume 7, Book 62, Number 128
It puts the main responsibility of earning over the husband. Both are obliged to fulfill the other’s sexual needs. Husbands are asked to be kind to their wives and wives are asked to be obedient to their husbands.
Separate accommodation for wife
The wife has the right to live in separate accommodation with her husband and children, if she does not like 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, “Everyone of you is a guardian and is responsible for his charge; the ruler is a guardian and is responsible for his subjects; the man is a guardian in his family and responsible for his charges; a woman is a guardian of her husband’s house and responsible for her charges; and the servant is a guardian of his master’s property and is responsible for his charge.” I definitely heard the above from the Prophet and think that the Prophet also said, “A man is a guardian of his father’s property and responsible for his charges; so everyone of you is a guardian and responsible for his charges.”[Sahih Bukhari]
This indicate that wife is responsible for house of the husband. Also that man should be guardian of his family. i.e. after his marriage he moves out of his father’s house, and run his own family affairs and is guardian of his family. In joint family, typically the head is either the father of husband, or mother of husband. This also indicate that husband should look after their parent’s house, as ” A man is a guardian of his father’s property”. So wife should not object to her husband when he is looking after affairs of his parents.
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 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., he obeys the rules of Hijab and is free from committing illegal sexual intercourse etc.), and whoever is not able to marry, should fast, as fasting diminishes his sexual desire.”
—Volume 7, Book 62, Number 4:
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 the Almighty Allah as doing the opposite; i.e., satisfying sexual needs through illicit means has punishment. Specific occasions (most notably daytime fasting (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 Haraam (strictly prohibited).
Gender roles
In Islamic theology, both sexes are generally considered to be equal in reward and differences between the sexes are recognized, resulting in different rights, obligations, and distinct roles.
The subject of gender roles in Islam is extensive. Anyone who is seeking further understanding in the gender rights should seek qualified Islamic scholars for indepth understanding. The use of generic unqualified statements as read in this article, such as, according to “Islamic scholars,” or “cultural interpretations,” and other statements are misrepresentations of Islam and Islamic tradition. As Muslims, we are taught to qualify our statements by documenting quotes from Islamic text and representing them in a manner representing the subject and issues involved. Therefore the statements read in this article are totally a misrepresentation of Islam and Islamic tradition and the reader should ignore the following statements made in the paragraphs below until such time proper quotes and mainstream Islamic materials are documented.
It is generally considered a good thing if they are educated as well. Cultural interpretations of Islam support the traditional division of labour whereby women assume the main responsibility for the home while men are responsible for supporting their wives. Motherhood is seen as one of the most important roles in society. Muslim wives and mothers should be granted the respect due to all women for the struggles and sacrifices they make for the sake of their families. Mother has been given three times higher status over father. In some interpretations of Islam, Muslim women may seek a higher education, work outside the home or volunteer their services to benefit the community as long as their primary responsibilities are taken care of, they have the permission of their husbands and they do not compromise their faith in doing so (i.e., jobs that require them to dress in a fashion that is contrary to the Sharia Hijab).
Childrearing
Adoption
Islam has its own rules of regulations regarding adoption, with distinct rules and regulations prior to and after the legal adoption. Muslims are allowed to adopt as long as they do not change the name of the child they adopt. Muslims are usually required to let any such children continue the lineage of their birth parents, and are not allowed to make the children follow the adopting parents’ lineage.
Divorce
Main article: Talaq (Divorce) General Rules
The typical way to end a marriage is through Talaq, a legal Islamic divorce. However, it is still legal and can be practised.
Ibn ‘Umar bin Al-Khattab divorced his wife during her menses. Allah’s Apostle ordered him to take her back till she became clean, and when she got another period while she was with him, she should wait till she became clean again and only then, if he wanted to divorce her, he could do so before having sexual relations with her. And that is the period Allah has fixed for divorcing women. Whenever ‘Abdullah (bin ‘Umar) was asked about that, he would say to the questioner, “If you divorced her thrice, she is no longer lawful for you unless she marries another man (and the other man divorces her in his turn).’ Ibn ‘Umar further said, ‘Would that you (people) only give one or two divorces, because the Prophet has ordered me so.”
—Sahih al-Bukhari: Volume 7, Book 63, Number 249
Sa’id ibn Jubayr narrated:
Ibn ‘Umar divorced his wife while she was having her menses. ‘Umar asked the Prophet who said, “Order him (your son) to take her back, and then divorced her before her period of the ‘Iddah has elapsed.” I asked Ibn ‘Umar, “Will that divorce (during the menses) be counted?” He replied, “If somebody behaves foolishly (will his foolishness be an excuse for his misbehavior)?”
—Sahih al-Bukhari Volume 7, Book 63, Number 250
Restrictions on marriage
Restricted relations
Marriage is forbidden between very close blood relations and between those individuals who were both breastfed by the same woman (i.e. a wet nurse).
(Mahram Arabic محرم) for a fuller discussion of unmarriageable kin; Muslims are free to marry anyone not in these prohibited classes.
Main article: Mahram (Unmarriageable Kin) General Rules
[Quran Surah 4] 22. And marry not those women whom your fathers married, except what hath already happened (of that nature) in the past. Lo! it was ever lewdness and abomination, and an evil way. 23. Forbidden unto you are your mothers (women whom your father has married), and your daughters, and your sisters, and your father’s sisters, and your mother’s sisters, and your brother’s daughters and your sister’s daughters, and your foster mothers, and your foster sisters, and your mothers-in-law, and your stepdaughters who are under your protection (born) of your women unto whom ye have gone in but if ye have not gone in unto them, then it is no sin for you (to marry their daughters) and the wives of your sons who (spring) from your own loins. And (it is forbidden unto you) that ye should have two sisters together, except what hath already happened (of that nature) in the past. Lo! Allah is ever Forgiving, Merciful. 24. And all married women (are forbidden unto you save those (captives) whom your right hands possess. It is a decree of Allah for you. Lawful unto you are all beyond those mentioned, so that ye seek them with your wealth in honest wedlock, not debauchery. And those of whom ye seek content (by marrying them), give unto them their portions as a duty. And there is no sin for you in what ye do by mutual agreement after the duty (hath been done). Lo! Allah is ever Knower, Wise.
Q24:31. And tell the believing women to lower their gaze and be modest, and to display of their adornment only that which is apparent, and to draw their veils over their bosoms, and not to reveal their adornment save to their own husbands or fathers or husbands fathers, or their sons or their husbands’ sons, or their brothers or their brothers’ sons or sisters sons, or their women, or their slaves, or male attendants who lack vigour, or children who know naught of women’s nakedness. And let them not stamp their feet so as to reveal what they hide of their adornment. And turn unto Allah together, O believers, in order that ye may succeed.
Abu Hurairah narrated:The Prophet forbade that a woman should be married to a man along with her paternal aunt or with her maternal aunt (at the same time). Az-Zuhri (the sub-narrator) said: There is a similar order for the paternal aunt of the father of one’s wife, for ‘Ursa told me that ‘Aisha said, “What is unlawful because of blood relations, is also unlawful because of the corresponding foster suckling relations.”
`Abd Allah ibn `Abbas narrated: It was said to the Prophet, “Won’t you marry the daughter of Hamza?” He said, “She is my foster niece (brother’s daughter).”
Marriage between Muslims and people of the Book [Monotheistic faiths]
In the light of Quran Muslim men and women may only enter into marriage with their fellow Muslims. However the Almighty Allah explicitly allows Muslim men to marry any chaste [pure] women who are of the People of the Book [people of monotheistic faith]; on condition that they agree to accept Islam and become Muslim, People of the Book is a term which includes Jews and Christians. Interfaith marriage is disliked in Islam and depending on the condition it may not be permitted in Islam, the women are required not to be among those who commit the crime of Shirk, they are to be firm believers in the revelations of Allah, strictly monotheist in belief [i.e. they fully submit to the will of Allah “they are Muslim”] this is on the bases that they strictly adhere to the revelations and commandments.
Fatwa by UMN Intl Ulama on this matter:
The Almighty Allah allows Muslim men to marry any of the chaste women from among the People of the Book [People who follow a Monotheistic religion] based on the fact that these women have to become Muslim, if they do not accept Islam then the man should not engage in marriage with her as such a marriage would bring harm to his Imaan [faith]; the following parts of the Shariah proves that this is the case:
1) [Surah 5:51] states that the Muslim should not take Jews and Christians as (Friends/ Advisers/ Associates),
2) [Surah 2:109 Surah 3:69,99 Surah 5:80,81,82] states that they long to make you become Kufaar (disbelievers),
3) [Surah 5:10,86 Surah 7:40,41] states that those who disbelieve and deny Allah’s revelation are bound for Hell Fire
4) [Surah 2:221] Allah commands us not to marry them until they believe.
There are many parts from the Quran that clearly discourages this kind of marriage, we further discourage it due to the fact that marrying non-Muslim women is not part of the Sunnah of our beloved Nabi Mohammed Sallallahu Alaihi Wa’salaam; all his wives were Muslim. It is only permissible for men to marry chaste women from the monotheistic faiths, this is due to the fact that there are some among them who believe in what Allah has revealed but one should be very clear on the matter and should first make sure that the person is not among the ones who commit Shirk.
It is risky to marry such women due to the fact that there is only a minority of them who are on true faith as commanded in the Torah and Gospels, it would be much better for them to accept Islam and consume in a beautiful marriage with contentment and a better guarantee of salvation in the Hereafter.
Adultery is Haraam (Forbidden) in Islam
Islam does not give adulterous men the right to marry a chaste woman and nor may an adulterous 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.
Women of purity are for men of purity, and men of purity are for women of purity.—Qur’an 24:26
Nikah-e-Zina/ Prostitution Contracts:
There are three types of Zina/ Prostitution Contracts which are disguised as the Islamic Nikah [Marriage], these fake marriages are Nikah Mut’ah, Nikah Urfi [Pagan Custom] and Nikah Misyar.
These three false marriage contracts are Haraam [forbidden in Islam] they are not from the Islamic Custom, nor are they allowed for in the Shariah, and no where in the Holy Quran does these types of contracts have any place. These contracts are a mockery of the Shariah of Allah, anyone involved in such agreements are subject to punishment in accordance to Shariah.
Nikah Mut’ah/ Contractual Prostitution is Haraam (Forbidden) in Islam
Nikāḥ al-Mut‘ah (Arabic: نكاح المتعة contract for pleasure better known as temporary extramarital sex/adultery contract), or sigheh (in Persia), It is a fixed-term sex contract disguised as a marriage. It allows couples to have sex for a limited period of time sanctioned by fake religious people, without any commitments, and without the obligatory involvement of true religious figures. The duration of this type of agreement is fixed at its inception and is then automatically dissolved upon completion of its term. The period can range between one hour and a year, and is subject to renewal.. Financial payments may be made between the couple, usually with the male paying the female.
These prostitute marriages have a time limit, and is a twisted form of prostitution, and it is not stated nor allowed for in the Holy Qur’an. This type of prostitution marriage is not an Islamic custom and was abolished by the Prophet Mohammed Sallallahu Alaihi Wa’salaam. Nikah mut‘ah [Contractual Prostitution] has no requirement for witnesses; it has a preset time period to end the adultery contract, there is no Talaq (divorce) as the prostitution contract ends at the stipulated date. It is not a Marriage Contract as the aim is not permanent nor does the couple inherit from each other. The man usually is not responsible for the economic welfare of the woman and she usually may leave her home at her own discretion, she is restricted from true marriage rights over the man. It is clearly evident that this contract is for the purpose of adultery or prostitution. Nikah mut‘ah [contractual prostitution] also does not count toward a maximum of wives (four according to Sharia as stated in the Qur’an). However, the only similar parts it has to the Nikah [normal marriage as mentioned in Quran] is the fact that the woman [prostitute] is given her mahr, and the woman must still observe the iddah [divorce period], a period of four months at the end of the prostitution contract where she is not permitted to marry in the case she may have become pregnant before the divorce took place. This maintains the proper lineage of children.
‘Urfi (Arabic: عرفي) comes from the Arabic word ‘Urf, which means custom, convention, or a customary act. Nikah Urfi is an un-Islamic custom and Haraam [forbidden] in Islam. Nikah Urfi was a custom of the people in the pre-Islamic Revival time which lasted only for a certain period and was later abolished by Mohammed Sallallahu Alaihi Wa’salaam.
Nikah urfi/ Contractual Prostitution is Haraam (Forbidden) in Islam
Nikah urfi [is also an extramarital sex/adultery contract] which is the same as a Nika Mutta, it is an agreement disguised as marriage and is Haraam [forbidden] in Islam. However similar to the Nikah marriage ceremony. An urfi marriage is an agreement without an official Nikah contract which takes place without the public approval of the bride’s guardians [i.e. the Wali] nor does any of their family members get informed about this. The adultery couple repeat the words, “We got married” and pledge commitment before Allah. This kind of agreement is usually a paper that states the two are married, and two witnesses sign it. These adultery ‘Pagan Urfi [Customary] fake marriage agreements are not recognized in Islam, and no partner can get a ‘legal’ divorce since it is not a real legal Nikah Marriage Contract and is not recognized. All Muslim clerics are against this type of ‘Pagan Urfi marriage calling it a cover for pre-marital sex and prostitution. An extreme form of the ‘Pagan Urfi marriage is known as zawag al-’urfi: to give prostitution an Islamic cover, some prostitutes enter into secret contracts with their summer visitors. Known as zawag al-’urfi, this contract is made without witnesses and typically ends in separation by summer’s end. Islamic scholars condemn the use of these prostitution agreements. ‘Pagan Urfi marriages are usually conducted by a fake Muslim cleric in the presence of two sinful witnesses. In common context of Kufaar, these un-Islamic ‘Pagan Urfi marriages are used to connote something that is different to the official Nikah ceremony or procedure of Islam. Thus a ‘Pagan Urfi’ Nikah in an Islamic state denotes something similar to a common-law marriage in the lands of Kufaar, while in secularist countries, a Nikah ‘Urfi is a marriage that takes place without the public approval of the bride’s guardians, even though the contract is officiated by a fake cleric and sometimes by a state representative.
Couples under such agreements often meet in secret and avoid the expense of renting an apartment or being caught by family members. The ‘Pagan Urfi marriage can be disastrous for the wife [realistically the prostitute] in legal terms. If the husband [realistically adulterous man] leaves her without granting her a divorce, she had no legal right to seek a divorce since ‘Pagan Urfi marriage is considered illegal. Her husband could remarry. The wife is in a more difficult position. If the wife remarries, she can be accused of polyandry, which is punishable in terms of Shariah, or she could remain single for the rest of her life.
Nikah Misyar/ Contractual Prostitution is Haraam (Forbidden) in Islam
Nikah Misyar (Arabic: المسيار) is another fake marriage and abuse of the true Nikah (Marriage) of the Shariah, this too is merely a change of words but it is the same as Nikah Mutta and Nikah Urfi (Prostitution Agreements), these are carried out via the normal contractual procedure of a normal and true Nikah, 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. Essentially the couple continue to live separately from each other, as before their contract, and see each other to fulfil their needs in a permissible (halal) manner when they please.
Background and causes
Some people consider that the misyar marriage can meet the needs of young people whose resources are too limited to settle down in a separate home; of divorcees, widows or widowers, who have their own residence and their own financial resources but cannot, or do not want to marry again according to the usual formula; and of slightly elder people who have not tasted the joys of marriage.
Islamic lawyers add that this type of marriage fits the needs of a conservative society which punishes “zina” (fornication) and other sexual relationships which are established outside a marriage contract. Thus, some Muslim foreigners working in the Persian Gulf countries prefer to engage in the misyar marriage rather than live alone for years. Many of them are actually already married with wives and children in their home country, but they cannot bring them to the region.
Misyar Marriage in practice
In addition to the preceding cases, one can note that wealthy Arab men sometimes enter into a Misyar marriage while on vacation, in order to have sexual relations with another woman without committing the sin of zina. They usually divorce the women once their holiday is over. One should note, however, that if this is understood by both parties at the time of conclusion of the marriage contract (and this is usually the case) this would constitute a fixed time period, effectively making such a marriage invalid in Shariah Islamic law, and more akin to the Nikah Mut’ah also invalid.
Fake Legality of Misyar Marriage
Contrary to widely held beliefs, misyar marriage fits within the general rules of marriage in Islamic law, on condition merely that it fulfil all the requirements of the Shariah marriage contract i.e:
- The agreement of both parties;
- Two legal witnesses (Shahidain)
- The payment by the husband to his wife of Mahr in the amount that is agreed
- The absence of a fixed time period for the contract
- Shuroot, Any particular stipulations which the two parties agree to include in the contract and which are in conformity with Muslim marriage law.
1) Moreover, as explained by the Saudi Islamic lawyer [Name Withheld], a member of the Higher Council of Ulema of Saudi Arabia, the wife can denounce at any time, as she sees fit, her renunciation of her financial rights, and require of her husband that he give her all her rights, including that he live with her and provide for her financial needs (“nafaqa”). The husband can then either do so, or grant her a divorce.
[Al Faarooq: And Allah is all-Aware, do the Scholars of Evil [Ulama e Soo] think that they can twist and turn the Shariah as they wish and want according to their own will? But they know not that they are committing the sins of people from the past “Yahood and Nasara”? Verily they are bringing the wrath of Allah upon them, Take heed oh Muslim they are not the Lord for Allah Alone is the Lord, yours and mine, His Shariah is above all. Why doth they associate in sin, know they not that the sins they allow and those who follow them will compile sins upon sins, verily a painful doom awaits the neglectful, the ignorant and the sinners.]
2) But, if the renunciation provision is the only feature which distinguishes misyar from a standard marriage, and if it has no legal standing, does misyar represent a separate category of marriage in Muslim law?
[Al Faarooq: Oh Muslim take heed there is only one form of Nikah approved by Allah and Al Quran Confirms]
3) Further, is it legitimate for Muslim notaries to include in a contract provisions which have no legal standing, although the contracting parties mistakenly believe that they are the foundations and the necessary conditions to be met for the conclusion of the contract? For that matter, if the spouses are told by the notaries, at the time of conclusion of the contract, that the renunciation clauses have no legal value, what effect would that have on the spouses’ willingness to get married?
[Al Faarooq: And Allah is the Judge, Take ye heed oh Muslim and see how they struggle with their evil plots and plans to legalise their Baatil, and Allah says “We strike Baatil with the Haqq. Then it crushes the brains of Baatil” ; “17:81. And say: Truth hath come and falsehood hath vanished away. Lo! falsehood is ever bound to vanish.” ; “34:48. Say: Lo! my Lord hurleth the truth. (He is) the Knower of Things Hidden. 49. Say: The Truth hath come, and falsehood showeth not its face and will not return.”]
For these reasons, Professor [Name Withheld] observes that he does not promote this type of marriage, although he has to recognise that it is legal, since it fulfils all the requirements of the usual marriage contract. He states his preference that the clause of renunciation be not included within the marriage contract, but be the subject of a simple verbal agreement between the parties. He underlines the fact that Muslims are held by their commitments, whether they are written or verbal.
[Al Faarooq: But how can it be legal when Allah’s command is clear? Is evil the same as good? Nay never they are clearly opposites]
“Those are they who purchase error at the price of guidance, and torment at the price of pardon. How constant are they in their strife to reach the Fire! That is because Allah hath revealed the Scripture with the truth. Lo! those who find (a cause of) disagreement in the Scripture are in open schism.” Al Quran
Criticism of misyar
Islamic scholars like Ibn Uthaimeen or Al-Albani claim, for their part, that misyar marriage may be legal, but not moral. They agree that the wife can at any time, reclaim the rights which she gave up at the time of contract. But, they are opposed to this type of marriage on the grounds that it contradicts the spirit of the Islamic law of marriage and that it has perverse effects on the woman, the family and the community in general.
[Al Faarooq: But how can it be legal when Allah’s command is clear? Is evil the same as good? Nay never they are clearly opposites, of Scholars of Islam stand up for the Shariah Al Quran has its rights over you, Allah says “fear not man but Fear Me” Al Quran]
For Al-Albani, misyar marriage may even be considered as illicit, because it runs counter to the objectives and the spirit of marriage in Islam, as described in this verse from the Quran :
“And among His Signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquillity with them, and He has put love and mercy between your (hearts)…”
[Al Faarooq: Oh Scholar of Islam hold firm to the Haqq [truth] and be not of those who doubt, be stern and observe the rights of Al Quran]
Al-Albani also underlines the social problems which result from the “misyar” marriage, particularly in the event that children are born from this union. The children raised by their mother in a home from which the father is always absent, without reason, may suffer difficulties. The situation becomes even worse if the wife is abandoned or repudiated by her husband “misyar”, with no means of subsistence, as usually happens.
[Al Faarooq: By Allah! It is Haraam! “Illegal” forbidden!]
As for Ibn Uthaymeen, he recognizes the legality of “misyar” marriage from the Shariah standpoint, but considers that it should be opposed because it has been turned into a real merchandise that is being marketed on a large scale by “marriage agencies”, with no relation to the nature of Islamic marriage.
[Al Faarooq: Recognised as legal by Shariah? Astagfirullah! By Allah! It is Haraam! “Illegal” forbidden!]
Critics of this marriage observe, more generally, that this type of marriage usually ends up in divorce, eventually. As a result the wife finds herself abandoned, to lead a solitary life as before the marriage, but traumatised by the experience, while her social status and reputation degraded.
[Al Faarooq: Have ye oh Muslim not been warned of this era? An era of Ignorance, hold on to that which have been given unto you from your Lord for it is the Haqq and a Guidance]
The proponents of the misyar marriage, though they recognise that it can result in problems, observe that it doesn’t have a monopoly on them. The problems result, more generally, from the way in which people apply the rules of the Shariah.
[Al Faarooq:Our Deen is One! Our Ummah is One! Our Lord is One! And the Shariah of Allah is One!]
Today, in a large number of Muslim countries, there are official family and marriage law codes whose provisions wouldn’t allow the conclusion of a marriage of the misyar type. However, in a number of Gulf States essentially, misyar marriage is accepted by the community, and is usually arranged privately, through a notary and with no publicity.
[Al Faarooq: By Allah! This is Zina! Punishable are the sinners and those who help in sin]
“Help one another in righteousness and piety, but help not one another in sin and rancour: fear Allah: for Allah is strict in punishment.” (Qur’an 5:2)
Fatwa by St Al Faarooq on these fake marriage contracts [i.e. these prostitution agreements]
“In the Name of Allah Most Gracious Most Merciful”
“By Allah, these Baatil [fabricated] marriage contracts are Haraam [forbidden] in Islam and in the light of Allah’s Shari’ah the required punishments should be followed, these evil agreements of prostitution are among the signs of Judgement Day, these Baatil marriage contracts are but means of rebellion against the rules of Hijab [Modesty: See Article - UMN Fatwa: Niqab of Hijab is Fard ], these are undoubtedly innovations of Shaytaan. I hereby recommend that all Muslim Jurist should take immediate action against this evil from spreading in this Ummah, it is your duty as a Muslim to forbid evil and impose what is righteous in compliance to the Sunnah of our beloved Nabi Mohammed Sallallahu Alaihi Wa’salaam, my fellow Muslim Scholars of the Deen you know very well that Allah will punish the upright scholar first in the town who avoids the duty upon him of forbidding evil. To those who have taken the rout of this hideous crime I recommend unto you to sincerely repent for your sins and to take the rout of Haqq [path of truth] and enter into a real Nikah Marriage Contract in compliance to all of the Shariah or have you not come to know of the sins of Yahood in what some Scholars do, Allah has perfected Al Islam but only men of understanding truly heed, this Quran is completed so judge not by verses but by the Book of Allah for Allah says “Whoso Judgeth not by that which Allah has revealed such are Kaafirun, wrong doers and evil living people” Oh scholar of Islam have you forgotten what you have learnt? Make judgement by your heart or has the Quran left you.”
[Hadith: Nabi Mohammed Sallallahu Alaihi Wa’salaam has said "O young people! Whoever among you can marry, should marry, because it helps him lower his gaze and guard his modesty (i.e., he obeys the rules of Hijab and is free from committing illegal sexual intercourse etc.), and whoever is not able to marry [not able to afford marriage], should fast, as fasting diminishes his sexual desire.”]
The Muslim scholars of the UMN Intl have made consensus (ijma) on interpretation of the following verse in the Quran:
And all married women (are forbidden unto you) save those (captives) whom your right hands possess. It is a decree of Allah for you. Lawful unto you are all beyond those mentioned, so that ye seek them [propose] with your wealth [give mahr] in honest wedlock [Nikkah True Marriage Q4:4], not debauchery. And those of whom ye seek content (by marrying them), give unto them their portions [i.e. their rights] as a duty. And there is no sin for you in what ye do by mutual agreement after the duty (hath been done). Lo! Allah is ever Knower, Wise.[Qur'an 4:24]
Surah 24:32 Confirms this.
The Muslim scholars of the UMN Intl has the following to say in support of St. Al Faarooq’s Fatwa:
“We [the UNM Intl Ulama] have made it clear in explanation so that people may understand the verse properly as one can not take only one part of the Quran and shun the rest of the Shariah of Allah which is upon us. If you read the full section before and after this verse it becomes evident of what Allah commands in this regard. In various parts of the Quran Allah Himself says He has set the Quran in orderly fashion, that the Quran was first revealed in portions to strengthen the heart with Imaan, the Quran have been made clear and easy to understand, the Quran is completed so judge by it in full or do you chose error in place of Allah’s guidance? For many years people have distanced from Allah’s Shariah and made their own thoughts the Shariah of their choice. Allah refers to men of understanding in Quran ‘Not men of thought’ as Muslims we can only be understanding and accepting but never all-Knowing as Allah alone holds this Title. We live as scholars, die as scholars and will be raised as scholars”
Same sex marriage is strictly Haraam (forbidden) in Islam:
Recognition or celebration of same sex marriage is completely unjustified in the view of Islamic law. Islam forbids homosexuality in Qur’anic injunctions and Islamic tradition. (See Article: SODOMITES IN THE LIGHT OF ISLAM )
EVIL WEDDINGS AND ALLAH’S PUNISHMENT
“And when We decide to destroy a people then We command its affluent ones. They then transgress (beyond all limits). The Decree (of Allah’s Athaab) then becomes confirmed on them. We then utterly destroy them.” (Qur’aan-e-Kareem)
A sign of the impending fate of destruction of a community is the leeway and latitude allowed to them by Allah Ta’ala to happily perpetrate their acts of transgression. When Allah Ta’ala has finally decided to eliminate a community with His Punishment, he snatches away all taufeeq of goodness from its members. They then embark on a process of reckless haraam and transgression. The decree then arrives. Suddenly and swiftly it overwhelms the transgressors. The past history and the recent history of mankind bear ample testimony to this uniform Sunnat of Allah Ta’ala, viz., His sudden and swift punishment for the transgressors, the ringleaders of whom are almost always the affluent ) the wealthy who think that they are free to do whatever they wish with the wealth Allah Ta’ala has bestowed to them.
Among the acts of transgression which have to be particularly singled out, are the haraam wedding functions and the accompaniment of up-Islamic customs. These functions and the haraam activities of which they comprise are too well-known to require any elucidation. The kufr, immodest acts of intermingling of sexes, hiring of halls, displaying in exhibitions of zina, the bride, music, photography, video-ing the haraam process of the haraam wedding, decorating vehicles with hooters blaring just like the kuffaar, etc., are among the evil and satanic ingredients of these shaitaani wedding functions.
Huge sums of money, usually thousands and sometimes tens of thousands, are satanically squandered and thrown down the drain into Jahannum simply to provide some egoistical pleasure to the ignorant culprits who have organized these affairs. That these people are the brothers of the shaitaan, there is no doubt in it, because the Qur’aan Majeed places the seal of satanism on them:
“Do not spend extravagantly. Verily, the wasters are the brothers of the devils.”
These people while claiming to be Muslims, have absolutely no understanding of the meaning or of the demands of Imaan. Innumerable Muslims, hundreds of thousands, in the different parts of the world are languishing in dire straits of poverty, squalor and starvation ) homeless and without clothes, they have been and are being brutalized by kuffaar, yet we find Muslims squandering huge amounts in haraam and immoral wedding functions. Never does it occurs to them to rather contribute the wasted money for aiding the downtrodden Ummah. Their hearts have become clogged and hardened with all the paraphernalia of kufr, hence they display all attributes of kufr on wedding occasions to gain some miserable pleasure for their nafs. They seek to project an image of greatness for themselves by digging their own hell-graves with their acts of transgression. While they labour under the extremely false notion of impressing others with their extravagance and their daughter put on display for the evil eyes of all and sundry, they succeed in only deceiving themselves.
The very punishment which usually settles over the married couple who went through the spiritual torture of haraam wedding functions is the miserable relationship between husband and wife. Such marriages are overshadowed by unhappiness and misery. Many lead to divorce. When misery bogs down the marriage, they wonder what went wrong.
A large part of the blame for this rotten state of affairs has to be hoisted onto the shoulders of condescending Ulama who curry the favour of the rich by submitting to the haraam wishes of such people. These Ulama participate in the evil wedding functions and with their presence at such nikahs, such walimahs and such functions they endeavour to confer respectability, acceptability and legality to the satanic wedding functions and customs . In participating and aiding in the these functions of satanism, these Ulama should understand that they have abdicated their role. They no longer act as bearers of the Standard of Islam. They have betrayed Islam. They betrayed Allah and His Rasool. They have betrayed the Ummah. They have joined the ranks of the ulama-e-soo’ (the evil ulama) about whom our Nabi (sallall~hu alayhi wasallam) said:
“….They will be the worst evil on the surface of the earth under the skies..”
When an Aalim is aware of the haraam activities contemplated after the nikah, then it does not behove him to perform such a nikah. It is his incumbent duty to refuse. Concerned Muslims, i.e. those who are concerned with the Pleasure and Displeasure of Allah, should not participate in even the nikah of persons who will be indulging in haraam satanic activities after the nikah. Their invitation to attend their walimah functions too should not be answered. This is the minimum response which a Muslim cconscious of his Imaan should offer. Rasulullah (sallall~hu alayhi wasallam) said:
“Love is for the sake of Allah and hatred is for the sake of Allah.”
When the community can no longer display and express or at least in the heart feel disgust for the haraam being perpetrated, they become lawful commodity for elimination by divine chastisement. It is the obligatory duty of a Muslim to register his/her disgust for Allah’s Sake. If he does not, he should examine if he still has Imaan or not. For the sake of Allah Ta’ala severing family ties is an ibaadat of high merit.
Those who are supposed to be pious and those who are supposed to be Ulama should heed the following Qur’aanic Warning:
“Beware of the Punishment which will not overtake only the transgressors.”
In fact, the first whom the punishment will and should overwhelm are the condescending ulama who have betrayed Allah Ta’ala.
Al Quran “And of those whom We created there is a nation who guide with the Truth and establish justice therewith. And those who deny Our revelations step by step We lead them on from whence they know not. I give them rein (for) lo! My scheme is strong. Have they not bethought them (that) there is no madness in their comrade? He is but a plain warner. Have they not considered the dominion of the heavens and the earth, and what things Allah hath created, and that it may be that their own term draweth nigh? In what fact after this will they believe? Those whom Allah sendeth astray, there is no guide for them. He leaveth them to wander blindly on in their contumacy.”
From the Holy Quran - Surah 3. Al-Imran
102. O ye who believe! Observe your duty to Allah with right observance, and die not save as those who have surrendered (unto Him);
103. And hold fast, all of you together, to the cable of Allah, and do not separate. And remember Allah’s favour unto you: how ye were enemies and He made friendship between your hearts so that ye became as brothers by His grace; and (how) ye were upon the brink of an abyss of fire, and He did save you from it. Thus Allah maketh clear His revelations unto you, that haply ye may be guided,
104. And there may spring from you a nation who invite to goodness, and enjoin right conduct and forbid indecency. Such are they who are successful.
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