Having 86 Wives: Un-Islamic

Having 86 Wives: Un-Islamic

Question
As-salamu `alaykum. Respected scholar, I read in the news that a Nigerian man is having 86 wives, claiming that the Qur'an doesn't place a limit to the number of wives. It is this true ? ( Question By : Ahmad - Malaysia )

Answer

Wa `alaykum as-salam wa rahmatullahi wa barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother, thank you for your important question that shows a keen desire to acquire Islamic knowledge and for the trust you place in us. May Almighty Allah guide all of us to what He wants and show us the right path.

In fact, the claim that the Qur'an doesn't limit the number of wives in the polygamous marriage is groundless and a grave mistake. There is a consensus among Muslim scholars that four is the maximum number of wives a man might have. This is based on the Qur'an itself and the Sunnah of the Prophet (peace and blessings be upon him).

Allah says in the Qur'an,[And if ye fear that ye will not deal fairly by the orphans, marry of the women, who seem good to you, two or three or four] (An-Nisa' 4: 3).

All Muslim scholars say that this Qur'anic verse does clearly restrict the maximum number of wives to four.

In response to your question,the eminent Muslim scholar Sheikh `Abdel Khaliq Hasan Ash-Shareef, a renowned scholar and da`iyah, stated,

What this man is claiming is not based on any sound or acceptable source of Shari`ah.
Both the Qur'an the Sunnah are very clear that four is the maximum number of wives a man might have.

When Ghaylan Ath-Thaqafi accepted Islam, he had ten wives. The Prophet (peace and blessings be on him) told him, "Choose four of them and divorce the rest." (Reported by Ahmad, at-Tirmidhi, Ibn Majah, Ibn Abi Shaybah, Ad-Darqutni, and Al-Bayhaqi)

What this man is doing is in clear conflict with the Muslim scholar's agreement. His wrong understanding has no weight and is totally unacceptable.

Marriage within the Family

Marriage within the Family

Question
Dear scholars, As-Salamu `alaykum. I was told by one of my relatives that it is a part of Islam, not just a part of culture, that when you want to get married, first you should look within your family. Then if there is no one suitable from among your near relatives, you should look to your distant relatives, and if not then within your community, and if not your community then within your race, and finally if this is not possible then within your religion. I understand everything from the community and on, but I was wondering if it is necessary to look within the family first? Jazakum Allah khayran.

Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake.

It is clear that Islam, undoubtedly, permits a man to marry any of his relatives except those forbidden for marriage whom Allah mentioned in surat an-Nisa': 23.. Concerning the issue of preferring a marriage partner from within one’s family before choosing one from outside, this varies from one case to another. Islam is generally keen to widen the circle of social bonds.

Responding to your question, Dr. Muzammil H. Siddiqi, former President of the Islamic Society of North America, states:

“This list of preferences in marriage is not mentioned in the Qur’an or Sunnah. It is simply people’s own preference. It is up to you to follow it or not. Generally people prefer to marry people of their own kind. Marriages among people who are compatible to each other in family background, age, education, looks and habits are more successful. The Prophet (peace and blessings be upon him) said, "A woman is married for four things, i.e., her wealth, her family status, her beauty, and her religion. So you should marry the religious woman; (otherwise) you will be a loser." (Reported by Al-Bukhari)

It is permissible to marry within your own family or relatives, and most people like that. However, as Muslims we must keep in mind that there are some relatives who are haram for marriage. These are mentioned in surat an-Nisa’: 23. Almighty Allah says: “Prohibited to you (for marriage) are: your mothers, daughters, sisters; father’s sisters, mother’s sisters; brother’s daughters, sister’s daughters; foster-mothers (who gave you suck), foster-sisters; your wives’ mothers; your step-daughters under your guardianship, born of your wives to whom you have gone in, no prohibition if you have not gone in; (those who have been) wives of your sons proceeding from your loins; and two sisters in wedlock at one and the same time, except for what is past; for Allah is Oft-Forgiving, Most Merciful.”

It is also forbidden for Muslims to marry non-Muslims. The only exception is that a Muslim male is allowed to marry a chaste woman from among the People of the Book, i.e. Christians or Jews (see al-Ma’idah: 5).

It should also be remembered that forced marriages are not permissible in Islam. Parents should never force their sons and daughters to marry someone against their will. This is haram and it causes many social problems. Parents should advise their children and likewise children should take their parents’ advice seriously, but finally it is the will and consent of those who are getting married that should prevail.”

How Islam Views Sex outside Marriage

How Islam Views Sex outside Marriage

Question
Some women go unmarried throughout life due to certain social factors against their will. Are these women allowed to have sex outside the wedlock in any way at any time of their life ? ( Question By : Zahid - United States )

Answer
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, thank you very much for having confidence in us, and we hope our efforts, which are purely for His Sake, meet your expectations.

In his response to the question in point, Dr. Muzammil Siddiqi, former president of the Islamic Society of North America, states the following:

“It is a very sad thing to see that Muslim women or men suffer unmarried life due to un-Islamic social factors. We must blame our un-Islamic social customs and materialistic outlook that cause some men and women to remain unmarried.

Some young people or their parents have very high expectations for their spouses. They set a very difficult standard of education, profession, wealth or physical features for any prospective suitor. The result is that such women remain single because the suitors fail to meet those standards. We Muslims must emphasize that the best criterion according to Islam is good character. The Prophet, peace and blessings be upon him, is reported to have said: “If someone whose faith and morals you trust makes a proposal of marriage to you then marry him, otherwise there will be trials and much corruption in the land.”

As Muslims it is also our duty to help our Muslim brothers and sisters get married. Allah Almighty says in the Qur’an, “And marry such of you as are solitary and the pious of your slaves and maid servants. If they be poor; Allah will enrich them of His bounty. Allah is of ample means, Aware.”(An-Nur :32)

However, if for any reason men or women are not able to marry, then they must observe abstinence. They have no other way. Allah says in the Qur'an that the believing men and believing women guard their private parts from committing any illicit sexual act. He Almighty says, “ Tell the believing men to lower their gaze and be modest. That is purer for them. Lo! Allah is Aware of what they do.” (An-Nur: 30)

He Almighty also says: “ Lo! men who surrender unto Allah, and women who surrender, and men who believe and women who believe, and men who obey and women who obey, and men who speak the truth and women who speak the truth, and men who persevere (in righteousness) and women who persevere, and men who are humble and women who are humble, and men who give alms and women who give alms, and men who fast and women who fast, and men who guard their modesty and women who guard (their modesty), and men who remember Allah much and women who remember Allah hath prepared for them forgiveness and a vast reward.” (Al-Ahzab: 35)

Sexual relations are allowed only among the married couples. Sex outside marriage is not allowed in Islam. The Prophet, peace and blessings be upon him, is reported to have said, "O young people, whoever among you can afford to marry, let him/her get married, because marriage protects the private parts of the body (i.e. from illicit relations) and it guards the eyes from straying. But those who cannot afford to marry then let them fast, because fasting will curb their sexual urge.”

Education or Marriage: Which Takes Priority ?

Education or Marriage: Which Takes Priority ?

Question
Dear scholars, As-Salamu `alaykum. Do you think that a girl should at least get her high school diploma before she gets married? My parents say I should get married now but I didn’t even finish high school yet! I would like to wait until I graduate at least before getting married. What should I do? Jazakum Allah khayran. ( Question By : Amira )

Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear sister in Islam, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake.

It goes without saying that in Islam parents have no right to compel their daughter to get married or to stop her from pursuing education. They have every right to advise their child to get married, but the ultimate decision is in the hands of the child. Moreover, every Muslim woman has a right to basic education and skill training.

In his response to the question in point, Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:

“While parents in Islam have every right to advise their children and persuade them to get married, nevertheless, the ultimate decision when and with whom they wish to get married lies exclusively in their own hands, and not in the hands of their parents. In other words, parents have no right to compel you to get married now, should you choose to do so after completing your course of studies. If you were coerced into it, then such a marriage would be deemed as invalid in Islam.

In Islam every woman has a right to basic education and skill training. Parents cannot stop her from pursuing it. It is important for girls living in this society to get least their basic education and skills training in order for them to function as intelligent mothers as well as to be able to take care of themselves without being a burden on others, should their marriage fail. So have a free and open discussion with your parents on this issue. You should be able to convince them of the following:

1. Marriage in Islam is ultimately your decision, and parents have only the role of a guide or adviser; since you are the person who must live with the person, you must be able to decide for yourself. The Prophet (peace and blessings be upon him) clearly established this precedent in authentic traditions.

2. Education is a necessity in this day and age. Islam exhorts us to get educated in order to be able to face the many challenges of life. In this day and age, no one gets anywhere in life without at least a basic education and skills training. We must learn a lesson from the pious Caliph `Ali (may Allah be pleased with him) who advised parents saying: 'Remember you are born in a different age; so they need to acquire certain skills which you were not required to learn in your time.'

3. It is you and you alone who must decide when you will be ready for marriage. But at the same time, it is not advisable for you to postpone the marriage indefinitely once you have acquired the basic education, or if you wish to enter into a marriage contract which stipulates that you will be allowed to complete your education even after marriage.

4. Should you find yourself unable to communicate with your parents, you may ask help of some wise people or imams who are respected for their sound knowledge and wisdom to talk to your parents. I pray to Allah to guide your steps and bless you in your decisions. Never fail to pray to Allah, for surely Allah is always with those who do the right things. Ameen.”

Engaged Couples Hanging out Together

Engaged Couples Hanging out Together

Question
As-Salamu `Alaykum. Does the religion of Islam permit the engaged man and woman to meet and spend time together before their marriage ? ( Question By : Islam - United States )

Answer
Wa`alaykum As-Salaamu Warahmatullahi Wabarakatuh.
In The Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, thank you very much for having confidence in us, and we hope our efforts, which are purely for Allah's Sake, meet your expectations.

In his response to the question, Dr. Muzzamil Siddiqi, former president of the Islamic Society of North America (ISNA), states the following:

“The Prophet, peace and blessings be upon him, not only permitted but encouraged the young people to see their prospective spouses before engagement. Jabir, may Allah be pleased with him, quoted the Prophet, peace and blessings be upon him, as saying: “When one of you make a proposal of marriage to a woman, if you can see what can invite you to marry her then do so.”

When Mughirah Ibn Shu'bah, may Allah be pleased with him, made a proposal of marriage to woman, the Prophet, peace and blessings be upon him, asked him, "Have you seen her?" He said, "No." The Prophet said to him, "See her, because this may make your relationship more permanent." (Reported by An-Nasa'i, Ibn Majah and At-Timidhi)

On the basis of these and other similar Hadiths, the jurists have said that it is allowed for a boy and girl who are considering to marry each other to see and meet each other in the presence of their adult relatives. The meetings should be supervised and with proper Islamic dress and etiquette.

They are not allowed to go out alone or to spend time together alone. Even after the engagement or khitbah they should not have any unsupervised meetings.

They may talk to each other on telephone occasionally or they may write to each other, but they should observe modesty in their conversations and must always remember that they are still unmarried and whatever is allowed for married couples is not yet allowed to them.

In the past, some Muslims used to take an extreme position in this matter. They would not allow their boys and girls to see their prospective spouses at all. The first time they would see and meet each other would be on the night of their union. This was just a cultural practice and not an Islamic custom.

Now, the trend has gone to another extreme un-Islamic practice. It is observed in many Muslim, even in some religious, families that boys and girls are allowed to meet freely and go out without any supervision. This is unlawful and it must be stopped. Such practices, if continued, will corrupt Muslim families and weaken our family structure just as it happened to many non-Muslim families.”

Can a Woman Divorce Herself ?

Can a Woman Divorce Herself ?

Question
Respected scholars of Islam, As-Salaam `Alaykum wa Rahmatullah wa Barakatuh. I’d like to know the Islamic view regarding this question: Does woman have the right to divorce herself ? Jazakum Allah khayran. (Question By : Hasan - United Kingdom)

Answer
Wa`alykum As-Salamu Warahmatullahi Wabarakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, it gives us great pleasure to receive your question, which is so interesting. May Allah enlighten our hearts with the light of Islam, Ameen!

Islam cares about family stability, which is the cornerstone of the Muslim society. Therefore, it lays downs rules and arrangements that guarantee that love and harmony prevail in the society.

Coming to the point your raised in your question, divorce, in principle, is the Shari`ah-based right of the husband; he can waive this right and can give his wife a right to divorce herself. There are other cases where the wife can end the marital bond such as Khul`.

In this regard, The European Council for Fatwa and Research, issued the following Fatwa:

“Originally Islam has given the right of divorce to man.

- Woman has the right to execute divorce if this is a condition stipulated in the marriage contract or the husband gives her this right later on.

- A woman can also ask for Khul` in front of a judge who should exhaust all means of reconciliation before sentencing Khul`.

- A woman may agree with her husband on divorce according to legal conditions.

- A woman may also ask the judge to divorce her if it is legally proved she has been harmed. The judge has the right to issue divorce verdict if the wife prove that harm. But the judge should try his best to make reconciliation, as Allah commanded him, especially by arbitrating to people to help him.”

Marrying the Daughter of One's Stepmother

Marrying the Daughter of One's Stepmother

Question
A man married a woman who had a daughter from her ex-husband. Is it allowed in Islam for this man's son to marry the daughter of his father's new wife (from her previous husband)?

Answer
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Dear questioner, we commend your pursuit of knowledge and your keenness to seek what is lawful and avoid what is not. We earnestly implore Allah to bless your efforts in this honorable way.

It is permissible for a son to marry the daughter of his stepmother from another man than his own father as long as she there is no other reason to prevent the marriage like fosterage. The girl in this case is neither full nor half sister.

In his response to the question in point, Dr. Muzammil H. Siddiqi, former President of the Islamic Society of North America, states:

"Yes, it is permissible for a man to marry to daughter of his father's wife, if this daughter was born to her from a previous husband, because there is no kinship between these two young people. This young man is not a mahram (unmarriageable) to that young girl. Allah mentioned in the Qur'an the women who are forbidden for marriage and then He said, "Lawful unto you are all beyond those mentioned, so that you seek them with your wealth in honest wedlock…" (an-Nisa': 24)"

Here, we'd like to cite the Fatwa of the well-known Muslim scholar, Sheikh Yusuf Al-Qaradawi, regarding this issue. He states the following:

"Yes, this marriage is permissible and we have witnessed many examples of this marriage. In this case, the man is not marrying his sister as the girl is not his full sister or even half sister from paternal or maternal sides. The daughter from his step mother (i.e. born to her from a previous husband) is not linked to the man in question either through blood or fosterage. This marriage is valid and correct as it does not involve any legal reason for the prohibition of marriage."

Divulging Bedroom Secrets

Divulging Bedroom Secrets

Question
As-Salamu `Alaykum. Could you please enlighten me about the Islamic ruling concerning divulging one’s bedroom secrets in public? Some people find no shame in discussing such secrets in public. Is such a thing permissible in Islam? Please cite an evidence in support of your view. Jazakum Allahu Khayran.

Answer
Wa`alaykum As-Salaamu Warahmatullahi Wabarakatuh.

In The Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, thank you very much for having confidence in us, and we hope our efforts, which are purely for Allah’s Sake, meet your expectations.

In Islam, intimacy between the husband and his wife should always be viewed as something private that must not be subject to intrusion. Right to marital privacy is one of the rights Islam made inalienable to both man and woman. The Glorious Qur’an has alluded to this by stating that “…They are raiment for you and ye are raiment for them…”(Al-Baqarah: 187)

Raiment or garment symbolizes physical protection. Likewise, a spouse is viewed this way, in the sense that each one of them owes the other the duty of protecting his secrets, in order to have a serene and comfortable marital life.

In his well known book ‘The Lawful and the Prohibited in Islam', the well known erudite scholar Sheikh Yusuf Al-Qaradawi, states the following:

“The Glorious Qur’an praises virtuous wives saying: “...Who are obedient, guarding in secret what Allah has guarded....” (An-Nisaa’: 34)

Among the secrets, which must be guarded, is the intimate relationship with the spouse. Discussing the secrets of such relationship in public or speaking about it to friends is not permitted. The Prophet (peace and blessings be upon him) is reported to have said: “Among those who will occupy the worst position in the Sight of Allah on the Day of Resurrection is the man who has intercourse with his wife and then spreads her secret.” (Reported by Ahmad, Abu Dawud, and Al-Bazzar)

Abu Hurayrah (may Allah be pleased with him) is quoted to have said: Allah's Messenger (peace and blessings be upon him) led us in prayer, and when he had finished he turned toward us and said: “Remain seated. Is there among you one who comes to his wife, closes the door, and draws the curtain, and then goes out and speaks about it, saying, "I did this and I did that with my wife?" They remained silent. Then he turned toward the women and asked, "Is there among you one who tells about such things?" A girl raised herself on her knees so that the Messenger of Allah could see her and listen to what she said. She said, "Yes, by Allah, the men talk about it and the women do, too." Then the Prophet (peace and blessings be upon him) said, "Do you know the similitude of those who do that? They are like a male and female devils who meet each other in the road and satisfy their desire with the people gazing at them.”

This emphatic way of expressing the matter should be sufficient to turn the Muslim away from such ill-considered and degraded behavior, which would make him or her resemble a devil!”

Moreover, we would like to cite for you the following:

“The Prophet (peace and blessings be upon him) prohibited the man and the woman to talk to others about details that happen in their bedrooms. One is only allowed to reveal what is necessary when there are good reasons, such as medical issues.” !

May Allah guide you to the straight path, and guide you to that which pleases Him, Amen.

Wife Seeking Divorce for Hatred of the Husband

Wife Seeking Divorce for Hatred of the Husband

Question
As-Salam `Alaykum! Can a wife take divorce from her husband at any cost, even if the husband is not ready to divorce her? Then in this case, what should a wife do, bearing in mind that the husband says he will never divorce his wife and no one can do anything in this matter, but for the wife, even one day is difficult for her to stay with her husband? What should she do? Please, enlighten me on what Islam says in this case.

Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Sister, thank you for the confidence you have in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake.

We must state clearly that dissolution of the marital bond in Islam is the most abhorrent of all permitted things, and, as such, it must be resorted to only in extreme cases of necessity. The spouses must first exhaust all efforts of proper reconciliation and mediation. If a couple tried their best to reconcile their differences, but they still could not agree and they found it impossible to live with each other, then only in that case they should separate in a proper and decent manner.

In his response to your question, the eminent Muslim scholar, Dr. `Abdul-Fattah `Ashoor, Professor of the Exegesis of the Qur'an at Al-Azhar Univ., states:

"It is out of Allah's Grace that He made us adherents to Islam, which grants women rights never given to them in any other religion or system. Among these rights is that when a wife hates her husband's companionship, she is entitled to choose between two solutions:

First: she may opt for compromise, even if she waives some of her rights as a wife to please her husband, so that they can resume their marital life and preserve their family from disunity. Allah Almighty says: "If a woman feareth ill treatment from her husband, or desertion, it is no sin for them twain if they make terms of peace between themselves. Peace is better. But greed hath been made present in the minds (of men). If ye do good and keep from evil, Lo! Allah is ever Informed of what ye do." (An-Nisa’: 128)

Second: if she does not accept this solution and finds that the continuation of the marital life would be a great burden on her, then it is her right to seek separation through Khul` , i.e. to waive her financial rights, such as the maintenance and return to him all what he has given her as mahr (dowry). Hence, either the husband gives her divorce or the Judge will have to separate her from her husband with one irrevocable divorce. So there is no place for confusion and perplexity.

However, we see that a good Muslim woman is likely to keep patient in this case, seeking Allah's guidance and imploring Him to remove such hatred of her husband from her heart, replacing it with ardent love. This is to maintain a stable matrimonial life and save the children from disunity and vagrancy."

Will Women Have “Companions” in Paradise ?

Will Women Have “Companions” in Paradise ?

Question
Dear Sheikh! We always hear that men will have Hoor Al-`Een in Paradise. What about women? Will they have their own Hoor Al-`Een or what?

Answer
In the Name of Allah, Most Gracious, Most Merciful.

All thanks and praise are due to Allah and peace and blessings be upon His Messenger.

Dear questioner, we would like to thank you for your good question and we implore Almighty Allah for His help in furnishing you with the best answer.

In the very beginning, we would like to cite Ibn Kathir’s comment on the issue of men having Hoor Al-`Een. It reads:“ Almighty Allah tells us that He will provide the residents of Paradise with beautiful wives who have big and lustrous eyes and 'whom no man or Jinn before them has touched' and who are 'Like unto rubies and coral'”.

In fact, Paradise is the abode of the believers in the Hereafter. Allah has prepared for His believing servants, males and females, in Paradise indescribable bliss that which no eye has seen, no ear has heard of and that has never ever crossed the minds of people, to the extent that even the person who has the least blessings in Paradise will think that he is the most blessed one.

In more than one Qur'anic verse, Allah, Most High, calls upon His servants to do their utmost in order to be favored with Paradise. For example, He says, "And vie one with another for forgiveness from your Lord, and for a Paradise as wide as are the heavens and the earth, prepared for those who ward off (evil)." (Al `Imran: 133)

All this indicates that in Paradise believing men and women will be showered with blessings; there is no room for discrimination based on gender in Paradise.

Focusing more on this issue, Sheikh `Atiyyah Saqr, former Head of Al-Azhar Fatwa Committee, adds:

“Here Allah mentions the Hoor Al`Een because in most cases men pursue women and not vice versa. As for women, Allah Almighty may marry them to any of the believers in Paradise, if they did not get married during worldly life, or He may compensate them by making them feel content with their position. It is also said that Allah may grant women some kind of beauty with which they will feel that they are better than the Hoor Al-`Een and that they are their mistress, so they will not love anyone other than their own husbands nor will they feel jealous of the Hoor Al-`Een.”
Allah Almighty knows best.

Marriage Without Witnesses and a Guardian: Valid?

Marriage Without Witnesses and a Guardian: Valid ?

Question
I got acquainted with a foreign lady who embraced Islam and because it was impossible for us to meet in our own country to marry, I traveled to another country to meet her. In that country we, to our surprise, discovered that it was impossible to contract our marriage due to legal reasons. We were told that we could marry ourselves and take Allah as a witness to our marriage. Her family and mine know about our marriage, for I had requested her hand in marriage from her mother who subsequently consented. Thus, we married without a guardian or witnesses, thinking that it was correct, and lived as husband and wife. What is the ruling on what we have done?

Answer
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, thanks for your question and may Allah reward you abundantly for your interest in knowing the teachings of Islam. For marriage in Islam to be valid, it must be done not as a secret affair but as a public event with witnesses and the permission of the guardian, the payment of the mahr, as well as publicizing the relationship which is known as ishhar. The purpose of announcing marriage is to clear all doubts or suspicion about the relationship of the couple. That is why the Prophet (peace and blessings be upon him) is reported to have ordered his companions saying: “Publicize the marriage.” This is being done so that people do not raise questions about this relation. Responding to the question, the European Council for Fatwa and Research, states the following:

The contract in the way the enquirer has described in the question is invalid because it lacks the Shari`ah (legal) conditions. It was made without a guardian or witnesses, and none of the followed imams has validated a contract of this type. The Hanifis and those who share their opinion, who do not stipulate the guardian, claiming that a Muslim woman can marry herself, stipulate the necessity of present witnesses. Those who do not stipulate the necessity of witnesses to the contract stipulate it before the consummation, which is the view of the Malikis who stipulate that the contract should be made in the presence of the legal guardian of the Muslim woman, and in case he is not available because of his death or due to him being legally unqualified (because he is not a Muslim), the guardianship is transferred to one of the other Muslims present. Therefore, you have to stop indulging in sexual relationship till you make a new contract at the presence of Muslim witnesses and the guardian of the woman if available. And if he is not available it will be enough for her to authorize one of the Muslims to marry her to you. As for the sexual relationship you practiced before this ruling, you must ask Allah's forgiveness for it.

Conditions of Valid Marriage

Conditions of Valid Marriage

Question
Dear scholars, As-Salamu `alaykum. If I do not have the money to afford an official wedding yet, can I just get married Islamically at first? Do I need the permission of an imam, or do I simply need two witnesses? Jazakum Allah khayran.

Answer
Wa`alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.Dear brother in Islam, we are really pleased to have your question and to have the chance to convey some of the teachings of our religion to our Muslim brothers and sisters. We hope these humble efforts meet the great expectations of yours.In Islam, the marriage of a man and a woman is not just a financial and physical arrangement of living together but a sacred contract, a gift of Allah, to lead a happy, enjoyable life and continue the lineage. The main goal of marriage in Islam is the realization of tranquility and compassion between the spouses.If by “official wedding” you mean a grand feast, this is not necessary to make the marriage valid. The contract can be solemnized by someone who has been authorized to perform marriages (a judge or imam, etc.) and witnessed by two or more adult Muslims. If one cannot afford a large banquet, the wedding can be celebrated by a simple meal for a small number of relatives and friends.Answering your question, Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:
Marriage in Islam is essentially a social contract, and so long as it is contracted conforming to the stated requirements, it shall be deemed valid. The presence of an Imam at the function is not at all one of the stated requirements, but the marriage should be solemnized by someone who has been authorized to perform marriages.The stated requirements of marriage in Islam are as follow: Full consent of both partners to the marriage, expressing the above consent through ijab (offer) and qabul (acceptance), finally the presence of two reliable witnesses. Apart from the above, in the case of females, their guardian’s consent has been considered essential for the validity of marriage according to the majority of imams and scholars. Imam Abu Hanifah, however, is of the view that a mature woman is fully capable of contracting her own marriage. Thus in his view, marriages finalized without guardian’s consent shall be considered as valid so long the woman has chosen someone who is considered as compatible.Furthermore, scholars are also in general agreement to the fact that marriages should not remain a secret affair; rather they should be publicized. Another important integral of marriage is the bridal gift; although it is not essential to stipulate it in the marriage contract, nevertheless it must be paid either before consummation of marriage or after.Now coming to the issue of contracting marriages in a society where Islamic laws are not enforced or recognized, it is also highly crucial to get the legal papers before marriage contract; for legal purposes, the marriage must be solemnized by someone who has been authorized by the law of the land to perform marriage. In the absence of such legalization, there is no guarantee of legal protection for anyone in the event of a dispute.Although some people may consider legalization as being not so crucial, I would, however, insist that it is quite crucial and essential; it is not advisable for anyone to get married without legal papers. This fact can be emphasized by referring to the fact that marriage is primarily a social contract and as such we should do so in conformity with the laws of the land we live so that such a contract can be legally enforced.Apart from this, Islam teaches us to do what we do as efficiently, methodically and professionally as we can. The Prophet (peace and blessings be upon him) said, “Allah loves you to do your work as best as you can.”In conclusion, you should insist on getting the marriage done by obtaining the legal papers, and getting it solemnized by an Imam or a person who has been authorized to do so. So long as the marriage is done by fulfilling the above requirements, it shall be considered as valid. All other things such as arranging a grand wedding or throwing a big feast, etc. are all non-essentials as far as the validity of the marriage is concerned.May Allah guide our steps in all our affairs and help us to remain steadfast on what is true and right, Ameen!

Getting Married without a Written Contract

Getting Married without a Written Contract

Question
As-Salamu `alaykum. I would like to ask if getting married without having a written contract done is Islamic. I have read that during the Prophet's (PBUH) era, marriage contracts did not exist. Is this true?

Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Dear brother in Islam, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake. It is noteworthy that Islam pays great attention to marriage, taking all measures to protect the family life and relations between the spouses against any suspicion or difficulty that may arise in the future. Like all contracts, the Shari`ah demands witnesses for the marriage contract and it lays stress on announcement so as to protect the spouses against suspicion from the society and protect each partner rights for likely future disputes. In line with the aims of Shari`ah the registration of marriage in non-Muslim countries is of paramount significance in protecting the rights of the spouses. In his response to the question in point, the eminent Muslim scholar, Sheikh Muhammad Al-Hanooti, member of the North American Fiqh Council, states: "Contracts at the time of the Prophet (peace and blessings be upon him) could be done orally. To be in writing is what the Qur'an recommends: "O ye who believe! When ye deal with each other, in transactions involving future obligations in a fixed period of time, reduce them to writing. Let a scribe write down faithfully as between the parties: let not the scribe refuse to write: as Allah Has taught him, so let him write. Let him who incurs the liability dictate, but let him fear His Lord Allah, and not diminish aught of what he owes. If they party liable is mentally deficient, or weak, or unable Himself to dictate, let his guardian dictate faithfully, and get two witnesses, out of your own men, and if there are not two men, then a man and two women, such as ye choose, for witnesses, so that if one of them errs, the other can remind her. The witnesses should not refuse when they are called on (for evidence). Disdain not to reduce to writing (your contract) for a future period, whether it be small or big: it is juster in the sight of Allah, more suitable as evidence, and more convenient to prevent doubts among yourselves but if it be a transaction which ye carry out on the spot among yourselves, there is no blame on you if ye reduce it not to writing. But take witness whenever ye make a commercial contract; and let neither scribe nor witness suffer harm. If ye do (such harm), it would be wickedness in you. So fear Allah; for it is Allah that teaches you. And Allah is well acquainted with all things. If ye are on a journey, and cannot find a scribe, a pledge with possession (may serve the purpose). And if one of you deposits a thing on trust with another, let the trustee (faithfully) discharge his trust, and let him fear his Lord conceal not evidence; for whoever conceals it, his heart is tainted with sin. And Allah knoweth all that ye do." (Al-Baqarah: 282:83) A contract in writing is not necessary then, but guaranteeing the rights of people is necessary. Since marriage is a civil contract, it is similar to any deal or transaction. In modern administrations, they want transactions and deals to be documented. If not, they are not protected. A marriage in this society, if not certified with a marriage certificate, it is not legal or lawful. The woman could lose anything of her rights if the marriage is not registered in the city hall or the county. I'd like you to answer these questions: Can you buy a car from a friend without a title? Can you buy a house without a deed? You will say to me, "no." So why don't you implement this "no" for the marriage that is not documented in writing?" Elaborating on the significance of documenting marriage contracts, Dr. Muzammil H. Siddiqi, former President of the Islamic Society of North America, states: "Some Muslims in the US and Canada say that in Islamic marriage paper work is not necessary. They also say that they only care for what is Halal and want to marry according to the Shari`ah, they do not care whether the marriage is legally recognized here or not. However, there are some cases where Muslim women have greatly suffered, due to these unregistered marriages. Some Muslim men marry without any legal papers and then leave their wives. These women do not know what to do and how to get divorce from their husbands who abandon them. Upon resorting to the US and Canadian courts they are told that according to the local laws they are not considered married. These women have nothing to prove their marriage and the courts have no marriage record of these women. Even the local Islamic centers in the US and Canada are unable to help them, because the laws in these lands do not give the right of divorce to anyone except to the local superior courts. It is important for Muslim men and women to have their marriages and divorces properly documented. Islam teaches fairness and justice in all cases." Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, adds: "As for the issue of contracting marriages in a society where Islamic laws are not enforced or recognized, it is also highly crucial to get the legal papers before marriage contract; for legal purposes, the marriage must be solemnized by someone who has been authorized by the law of the land to perform marriage. In the absence of such legalization, there is no guarantee of legal protection for anyone in the event of a dispute. Although some people may consider legalization as being not so crucial, I would, however, insist that it is quite crucial and essential; it is not advisable for anyone to get married without legal papers. This fact can be emphasized by referring to the fact that marriage is primarily a social contract and as such we should do so in conformity with the laws of the land we live so that such a contract can be legally enforced. Apart from this, Islam teaches us to do what we do as efficiently, methodically and professionally as we can. The Prophet (peace and blessings be upon him) said, “Allah loves you to do your work as best as you can.”"

Marriage in Secret

Marriage in Secret

Question
As-Salamu `alaykum. A Muslim brother and I wanted to get married in the future and we used to talk. However, we didn’t have the resources to marry at that time, but didn’t want to do what was prohibited in Islam and considered dating. So we decided to have nikah just for ourselves and for Allah, and it made us feel better. However, we haven’t told anyone, as it was just for ourselves as we cannot live together yet, and it was basically for us. What is your view on that?

Answer

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

First of all, it should be clear that marriage in Islam is a solemn contract for which the Shari`ah lays down rules and arrangements to guarantee its stability. To be valid, a marriage has to meet certain requirements such as ishhar (announcement), the payment of the dower, the consent of both parties, the permission of the wali (woman’s guardian), and the presence of witnesses. Responding to your question, Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:
It is not clear from your question what you mean by “making a nikah just for both of you” and not for others. In Islam, nikah or marriage must conform to certain minimum standards and requirements to be valid and acceptable; without these, it is considered neither valid nor acceptable, for it is then hardly distinguishable from fornication or illicit relations. The minimum conditions for the validity of nikah are the following: The consent of the guardian of the woman, presence of witnesses, offering and acceptance, and finally mahr (dower). Once the above conditions have been fulfilled, the marriage will be deemed as valid; but if these conditions are not fulfilled, then it will be considered as being null and void. As far as the consent of guardian is concerned, it can only be dispensed with if the guardian is simply refusing to give consent for considerations other than Islamic, in which case the judge can authorize the marriage after having followed the due process. If, on the other hand, such is not the case and no attempt was made to ascertain the consent of the guardian, then such a marriage would be considered invalid and, therefore, unacceptable in Islam. The Prophet (peace and blessings be upon him) said, “There is no (valid) marriage without a guardian and two reliable witnesses.” By stipulating the above-mentioned conditions for the validity of marriage, Islam insists that a marriage should remain distinct from other loose and immoral lifestyles such as fornication and illicit affairs. Hence, the Prophet insisted on making marriages public. Based on what has been stated above, the concept of a marriage “just for both of you or for Allah” is not tolerated in Islam. Society has a share in marriage in the sense that people should know that both of you are married so that they do not suspect you of maintaining an illicit relationship. According to the teachings of Islam, we are under obligation to do whatever we can to safeguard our religion, honor, and dignity; and as such we should stay away not only from that which is considered as strictly haram or forbidden but also from all that is doubtful and dubious. The Prophet (peace and blessings be him) said, “Whosoever shuns what is doubtful he has protected his religion and honor; but whosoever commits what is doubtful, he may inadvertently fall into haram!”

The Philosophy of Marriage in Islam

The Philosophy of Marriage in Islam

Question
I have noticed that there is a trend inviting young people to refrain from marriage via numerous methods, including intimidating them as regards the responsibilities they are to shoulder as well as casting doubt over the institution of marriage itself. Is there a way to refute these allegations?

Answer

In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, we would like to thank you for your very interesting question and the great confidence you place in us. We implore Allah Almighty to help us serve His cause and render our work for His Sake.

Marriage in Islam is intended to cater to multiple purposes which include, above all, spiritual tranquility and peace, and cooperation and partnership in fulfilling the divine mandate. Islam – being a natural way of life – takes into account all of genuine human instincts such as physical, spiritual, intellectual, emotional, et cetera.

Although fulfilling one's physical needs in a decent manner is one of the main purposes of marriage, it is not the sole one. According to the clear statement of the Qur’an, tranquility and peace through a successful union is considered the primary objective of marriage: (Among His signs is that He created for you spouses of your own kind in order that you may repose to them in tranquility and He instilled in your hearts love and affection for one another; verily, in these are signs for those who reflect (on the nature of the reality).) (Ar-Rum 30: 21).

In another place, Allah refers to the relationship between males and females in terms of partnership for achieving goodness and fulfilling the divine mandate for their lives. (The believers, males and females, are partners of one another; they shall jointly enjoin all that is good and counsel against all that is evil.) (At-Tawbah 9: 71)Responding to the question in point, the eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, states:
Just as Islam aims at rearing a righteous individual, being the cornerstone in the social structure of the nation, it also seeks to establish a sound family, the prime and essential factor in building a good society. It is never disputed that marriage – that unites a man and a woman in solemn matrimony – is the foundation that gives rise to the family. There is no way a real or proper family could ever exist out of wedlock, the way that has been legislated by Allah, Exalted be He.

Perverted ideas opposing the institution of marriage:

Throughout the ages, humanity has come to learn of ideas and trends that oppose the idea of marriage. In Persia (now Iran), before the advent of Islam, there emerged Mani’s philosophy, which claimed that the world abounds in evil, that it should be exterminated and that prohibiting marriage is the fastest way to effect this goal.

Under the banner of Christianity appeared extreme monasticism that denounces life, calls to getting incarcerated in monasteries and prohibiting marriage, because woman, they held, is a cause of temptation and a devil incarnate. Venturing near her is in itself a sin that corrupts a soul and alienates one from Heaven.

In modern times, there exist in the West pessimists who totally condemned woman, describing her as a serpent, with a soft touch but deadly venom. They further claim that marriage offers her the golden opportunity to place man under her thumb and shackle him with responsibilities. So why should man, out of his own free will, choose to place those chains around his neck though he was born free?

Unfortunately, some of our contemporary Muslim youth have been fallen prey to those perverted ideas, and thereupon decided to refrain from marriage that entails endless responsibilities, obligations and restrictions. They, on the other hand, wish to live their entire lives as children shouldering no responsibilities. If overcome by desire or the call of their instincts, vicious adultery will certainly quench their thirst in lieu of lawful marriage.

The objectives of marriage in Islam:

a) According to the divine laws and norms, nothing can ever perform its duty single-handedly. Allah meant everything to be in need of another of its kind, so that one would complement the other. In the field of electricity, positive and negative poles need to be in contact so as to induce an electric current, which in turn, yields light, heat, motion, etc. Likewise, electrons and protons should be in contact inside an atom. In plants, pollen grain carrying male gametes fertilize a flower's stigma to produce more plants, fruits and seeds. Male and female animals have to be in contact in order to reproduce. The Glorious Qur’an highlights this universal law in the following two verses: (And all things We have created by pairs, that haply ye may reflect.) (Adh-Dhariyat 51: 49) (Glory be to Him Who created all the sexual pairs, of that which the earth groweth, and of themselves, and of that which they know not.) (Ya-Sin 36: 36) In response to this law, Allah, Exalted be He, has legislated a sublime tradition for a man and a woman to be united in such a way as befits the lofty status of human beings, namely through marriage.

Allah, Exalted be He, has inculcated in a man's heart a longing for a woman, and in a woman's heart a longing for a man. Each of them is driven by a far more exigent need than hunger or thirst. Each of them senses a definite emptiness in his or her life that can only be filled with their union, according to the divine laws, namely via marriage. Only then does stability replace confusion and reassurance does replace anxiety. Each of them finds in the other serenity, love and mercy that light their lives and enrich their souls. The following is one of Allah's glaring signs in our universe, which the Glorious Qur'an points to: (Among His signs is that He created for you spouses of your own kind in order that you may repose to them in tranquility and He instilled in your hearts love and affection for one another; verily, in these are signs for those who reflect (on the nature of the reality).) (Ar-Rum 30: 21)

b) Reproduction is the natural outcome of marriage. It serves to prolong man's existence, thanks to the pious progeny that succeeds him. This is thus one of Allah's bounties which He grants man saying, (And Allah hath given you wives of your own kind, and hath given you, from your wives, sons and grandsons, and hath made provision of good things for you. Is it then in vanity that they believe and in the grace of Allah that they disbelieve?) (An-Nahl 16: 72)

It is also for this reason that Prophet Zakariyyah (Zachariah, peace be upon him) supplicated to Allah saying: (And Zachariah, when he cried unto his Lord: My Lord! Leave me not childless, though Thou art the best of inheritors,) (Al-Anbiya’ 21: 89) and (Lo! I fear my kinsfolk after me, since my wife is barren. Oh, give me from Thy presence a successor‏. Who shall inherit of me and inherit (also) of the house of Jacob. And make him, my Lord, acceptable (unto Thee).) (Maryam 19: 5-6) Similarly, Ibrahim (Abraham), the father of the Prophets (peace be upon him), prayed to Allah saying: (My Lord! Vouchsafe me of the righteous.‏ So We gave him tidings of a gentle son.) (As-Saffat 37: 100-101) and (Praise be to Allah Who hath given me, in my old age, Ishmael and Isaac! Lo! My Lord is indeed the Nearer of Prayer.) (Ibrahim 14: 29) The Glorious Qur'an describes the servants of Allah, the Most Gracious, as such: (And who say: Our Lord! Vouchsafe us comfort of our wives and of our offspring.) (Al-Furqan 25: 74)

It is due to reproduction that the nation grows and multiplies, makes use of its potential and manages to combat its enemies. Few would suspect the fact that multitudes and masses of people are to be reckoned with when considering world power. Allah narrates what Prophet Shu`ayb (peace be upon him) told his people saying, (And remember, when ye were but few, how He did multiply you.) (Al-A`raf 7: 86) Further, Prophet Muhammad (peace and blessings be upon him) says, "Get married (and reproduce) for I will boast of your large numbers in front of other nations (on Judgment Day) and do not lapse into Christians’ monasticism.” (Reported by al-Bayhaqi on the authority of Abu Umamah, and it is mentioned in al-Jami` as-Sahih)

Reproduction serves to preserve the entire human species all around the globe until the point when life comes to an end. Allah, Exalted be He, says, (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.) (An-Nisa’ 4: 1) and (O mankind! Lo! We have created you male and female, and have made `you nations and tribes that ye may know one another.) (Al-Hujurat 49: 13)

c) Marriage consummates one’s faith, spares one looking at other women, enables one to preserve his chastity and offers one a lawful means to satisfy his sexual desire. Adultery is, therefore, no longer an option. That is why the Prophet (peace and blessings be upon him) spoke of marriage saying, "It spares one looking at what one should not, or lapsing in adultery." He (peace and blessings be upon him) also said, "If Allah grants a Muslim a righteous wife, this helps him preserve half of his religion (faith). He should, therefore, fear Allah as regards the other half." (Reported by At-Tabarani and Al-Hakim, and Al-Mundhri states in At-Targhib that it is an authentic hadith with a good chain of narrators)

d) Not only does marriage help a Muslim preserve his faith, it is also the indispensable pillar of worldly happiness which Islam encourages its followers to enjoy so that nothing would distract them from the ultimate goal of uplifting their souls and attaining high degrees of spirituality. Imam Muslim reports that the Prophet (peace and blessings be upon him) said, "The whole world is pleasure, and the best pleasure of the world is the righteous woman.” ‏The Prophet (peace and blessings be upon him) is also reported to have said: "Four things bring one joy: a righteous wife, a spacious house, a pious neighbor and a comfortable riding animal." (Reported by Al-Hakim, Abu-Nu`aym and Al-Bayhaqi)

e) Marriage is the sole means of establishing a family, the nucleus of society. No respectable human society could ever exist, if not based on the family. Shaded by the close relations of motherhood, fatherhood as well as parent-child and siblings relations, warm feelings of love, altruism, mercy, care and cooperation are instilled in a Muslim.

f) Social relations are bolstered with the aid of marriage, whereby scope of family expands including his in-laws and his children’s aunts and uncles. That way feelings of amity, love and social closeness extend to include more and more people. Allah meant relations by marriage to be just as strong as kinship relations. Allah, Exalted be He, says, (And He it is Who hath created man from water, and hath appointed for him kindred by blood and kindred by marriage; for thy Lord is ever Powerful.‏) (Al-Furqan: 54)

g) Marriage matures a man’s character through the responsibilities he has to shoulder, as a husband and a father, and similarly matures a woman's character through the responsibilities she has to shoulder, as a wife and a mother. As we have just explained, many men refrain from marriage simply because they wish to live as grown-up children with no ties to bind them, no house to unite them or responsibilities they are to undertake. Such people are not fit to live; they are good for nothing. Marriage is thus a strong commitment and a shared responsibility between a man and a woman since their first day together.

Allah, Exalted be He, says, (And they (women) have rights similar to those (of men) over them in kindness, and men are a degree above them. Allah is Mighty, Wise.‏) (Al-Baqarah 2: 228) (Men are in charge of women, because Allah hath men the one of them to excel the other, and because they spend of their property (for the support of women). So good women are the obedient, guarding in secret that which Allah hath guarded.) (An-Nisa’ 4: 34)

The Prophet (peace and blessings be upon him) said: "Everyone of you is a guardian and responsible for those in his charge; the man, in his home, is a guardian and responsible for his household; the woman, concerning her husband's property, is a guardian and responsible for what she is entrusted with." (Agreed upon hadith) The Prophet (peace and blessings be upon him) also said, "Man would be committing a huge sin if he were to ruin whomever he supports." (Reported by Ahmad, Abu Dawud, Al-Hakim and Al-Bayhaqi on the authority of Ibn `Umar) The Prophet (peace and blessings be upon him) further noted, “Allah shall ask every guardian about what he has been entrusted with, whether he preserved or ruined it.” (Reported by An-Nasa’i and Ibn Hibban on the authority of Anas) He (peace and blessings be upon him) also said, "One's spouse is entitled to certain rights.” (Agreed upon Hadith, reported on the authority of Ibn `Umar)

h) Having got married, a man can focus on perfecting his work, reassured that there is someone back home who disposes of his affairs, preserves his money and takes care of his children. He can thus do his job properly. This stands in sharp contrast to another whose mind is preoccupied and who is torn apart between his work and home, his job and the burden of securing his food and clothes back home.

Witnesses & Mahr (Dower) for Marriage

Witnesses & Mahr (Dower) for Marriage

Question
Dear scholars, As-Salamu `alaykum. Please elaborate on the importance of two witnesses for the bride. Also explain what is the amount of the mahr in dollars for marriage, according to Shari`ah. Can any Muslim perform the nikah (marriage) ceremony? Is it necessary that the documents be signed by the bride and the groom in the presence of witnesses? Jazakum Allah khayran.

Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, we commend your eagerness to become well acquainted with Islam and its teachings, which is the way Allah has chosen for the welfare of His servants. Marriage in Islam is a solemn contract for which the Shari`ah lays down rules and arrangements to guarantee its stability. Valid marriage has to meet certain requirements such as ishhar (announcement), the payment of the dower, the consent of both parties, the permission of the wali (woman’s guardian), and the presence of witnesses.

In his response to your question, Dr. Muzammil H. Siddiqi, former president of the Islamic Society of North America, states:
For marriage a minimum of two witnesses is required. These witnesses are not for the bride or for the groom, but they are the witnesses for the marriage of the couple for whom they accept to be the witnesses. Nikah (marriage ceremony) is both a legal ceremony and a public ceremony. According to the Shari`ah, there should be two witnesses for all important legal contracts. Nikah as a public ceremony should also be done in the presence of many people (or at least two as the minimum), so that more people know that this man and this woman have come together as a legally married couple. Concerning the mahr (dowry), Almighty Allah says, “And give women (on marriage) their dower as a free gift; but if they, of their own good pleasure, remit any part of it to you, take it and enjoy it with right good cheer” (An-Nisaa’: 4); “Those among them (i.e., your wives) whom you enjoy give them their dowers as determined. But there is no blame on you, if after a dower is determined, you mutually agree to vary it” (An-Nisaa’: 24); “If you divorce them before consummation and you have fixed a dower for them then half of the dower is due to them, unless they forgive it or it is forgiven by him in whose hand is the marriage tie” (Al Baqarah: 237). According to the Shari`ah, the mahr should also be reasonable. There is no fixed amount of mahr in the Shari`ah. It should be given according to the financial status of the husband and according to the time and place. We cannot apply the mahr of the 7th century in the 20th century, nor can the mahr of India or Pakistan be applied in the United States and Canada. As the financial conditions of the people in different times and places change, so the amount of mahr can be determined accordingly. However, it is a principle of the Shari`ah that the mahr should not be too expensive. It is wrong to declare a large amount of mahr at the time of marriage to show off or to boast. Sometimes the bride’s family puts pressure on the groom and his family for a large amount of mahr so that they may show their pride to their relatives and friends, boasting that their daughter was married for a big mahr. Sometimes the groom declares a big amount and secretly thinks that this is just a commitment on paper. People are often heard saying, “Write whatever you want, no one asks and no one pays.” This is a play with the rules of Allah. Muslims should only commit what they are really capable of paying and what they intend to pay. It is haram (unlawful) to enjoy relations with a wife and then deny her the mahr promised to her. However, we must keep in mind that mahr is not a bride’s price. It is a woman’s right and it signifies a husband’s love and appreciation for his wife. In the Qur’an it is called sadaq, which means “a token of friendship.” It is also called nihlah, which means “a nice gift or present.” Mahr also signifies a husband’s commitment to take care of his wife’s financial needs (nafaqah). It is true that the nikah ceremony can be performed by any Muslim, but in order to organize this serious legal contract, in Muslim countries some people are authorized by the governments to perform the nikah or to register the nikah. These people are called ma’dhun shar`i or qadi, etc. In America, the imams of the Islamic centers or someone authorized by the Islamic centers should officiate the nikah. Some states in the United States and some provinces of Canada require that the person who performs the marriage must be a justice of the peace, or a judge or a licensed clergy. In some states it is illegal for an unlicensed person to perform marriages. In the United States and Canada it is also required for the couples who intend to get married to take a license before their marriage. The person who performs the marriage then signs this license along with two witnesses. After that the license is sent to the Registrar of Marriages. The Registrar’s office then issues a marriage certificate. No marriage in the US and Canada is recognized as a legal marriage unless it is registered. Some Muslims do not follow these procedures. They say that in an Islamic marriage, paper work is not necessary. Or they say that they only care for what is halal (lawful) and want to marry according to the Shari`ah; they do not care whether the marriage is legally recognized here or not. However, there are some cases where Muslim women have suffered greatly due to these unregistered marriages. Some Muslim men marry without any legal papers and then they leave their wives. These women do not know what to do and how to get divorce from their husbands who abandon them. They go to the US and Canadian courts and they are told there that according to the local laws they are not considered married. These women have no proof of their marriage and the courts have no marriage record of these women. They go to the local Islamic centers in the US and Canada and the centers are unable to help them, because the laws in these countries do not give the right of divorce to anyone except to the local superior courts. It is important for Muslim men and women to have their marriages and divorces properly documented. Islam teaches fairness and justice in all cases.

The Islamic Ruling on Marriage

The Islamic Ruling on Marriage

Question
What is the Islamic ruling on marriage ? And when it is deemed obligatory?

Answer
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Dear questioner, we commend your keenness on getting your self well-acquainted with Islam and its teachings, which is the way Allah has chosen for the welfare of His servants.

Islam – being a natural way of life – takes into account all of genuine human instincts such as physical, spiritual, intellectual, emotional, et cetera. Islam generally encourages marriage as the pure and legitimate way for regulating and fulfilling these instincts and desires. It is against both curbing man’s desires through celibacy or giving them free rein through licentiousness and sexual permissiveness.

As regards the question you posed, we'd like to state that the ruling on marriage differs according to the state and conditions of each person. It can be obligatory or recommendable under certain conditions. It can also be prohibited or only permitted under other circumstances. The different rulings on marriage are explained in the fatwa issued by the late prominent Muslim scholar and author of Fiqh As-Sunnah, Sheikh Sayyed Sabiq. He states the following:

"Obligatory Marriage:

Marriage is obligatory for whoever is able to afford it, has desire for sexual intercourse, and is afraid to indulge in fornication. Here, it is obligatory because protecting oneself against fornication and preserving one’s chastity is obligatory, and this cannot be achieved except through marriage. Al-Qurtubi says: “Celibacy is not recommended for whoever is able to bear the expenses of marriage, and is likely to commit illicit affairs that violate both his honor and his religion, for one sometimes may not be able to overcome temptation except by marriage. In this case marriage is, according to a scholarly consensus, obligatory. But one who has desire for sexual intercourse, but does not have enough money for the expenditures of marital life may find solace in the words of Allah, Exalted be He, Who says: “Let those who find not the wherewithal for marriage keep themselves chaste, until Allah gives them means out of His Grace.” (An-Nur: 33)

Man is recommended to suppress his sexual appetite by fasting; a group of Hadith transmitters narrated on the authority of Ibn Mas`ud (may Allah be pleased with him) that Allah’s Messenger (peace and blessings be upon him) said: “O youth! Whoever amongst you is able to marry, let him marry, because it helps him keep his eyes away from lustful looks and preserve his chastity. And whoever is not able to marry, let him observe fasting, as it is a shield for him (i.e. protection from lapsing in fornication).”

Commendable Marriage:

One who has desire for sexual intercourse, who is able to bear the expenses of marriage, and, at the same time, is able to suppress his sexual desire, protect himself against committing illicit affairs is recommended to marry. In this case, marriage in this case is better than devoting oneself to worship, because monasticism is not a characteristic of Islam. At-Tabarani narrated on the authority of Sa`d ibn Abi Waqqas that Allah’s Messenger (peace and blessings be upon him) said: “Allah has revealed tolerant monotheism (Islam), to replace the Christians’ monasticism.” Al-Bayhaqi also narrated on the authority of Abu Umamah that the Prophet (peace and blessings be upon him) said: “Marry one another, for I will be boast of your great numbers in front of other nations (on the Day of Judgement), but don not lapse in the Christians’ monasticism.” `Umar once said to Abu Az-Zawa’id: “Nothing can make man refrain from marriage except inability or indulging in fornication.” Ibn `Abbas also said: “The faith of a devoted believer will never be perfected unless he marries.”

Prohibited Marriage:

Marriage is prohibited for anyone who cannot observe his wife’s rights, because of being undesirous for sexual intercourse due to a physical defect, or because of inability to afford marriage. Al-Qurtubi states: When man is unable to marry due to lack of money to cover the expenses of marriage, to pay the bride’s dowry, or any of her financial rights, he must not marry unless he lets the bride know of his inability, or unless he becomes able to afford marriage. And so is the case if he has some physical weakness that makes him unable to have sexual intercourse (i.e. if he is impotent); he must let his bride know of it, in order not to deceive her. Moreover, he must not pretend that he hails from a noble family, that he is a wealthy man, or that he holds a prestigious post.

The same applies to women. A woman who is unable to observe her husband’s rights, or who has some defect which prevents her husband from making love to her, such as insanity, leprosy, elephantiasis, genital or vaginal disease, must never deceive him; rather, she must let him know what is wrong with her. This is like the example of a sale contract; the seller must inform the buyer of any defect in the commodity he is purchasing.

That is to say, when one of the spouses finds some defect in his/or her mate, he/or she may annul the marriage. Thus, when the husband finds any defect in his wife, he may annul the marriage, and take back the dowry he paid her. It was narrated that the Prophet (peace and blessings be upon him) married a woman from Bayadah folk. Then he found that she was leprous in her flank, so he sent her back to her parents, and said to them. “You have deceived me.”

Imam Malik is reported to have stated two different opinions concerning the wife of the impotent, who discovers this after consummating marriage then seeks separation on account of this defect. Imam Malik once said that in such a case the wife can seek for marriage annulment and take her full dowry; his another view is that she takes half of her dowry. By and Large, Malik’s different points of view depend on his different opinions as to whether the bride’s dowry is due immediately after she allows her husband to have sex with her, or after he consummating marriage.

Permissible Marriage:

Marriage is permissible for any person who has nothing to warrant his marriage or prohibit it."

Conversion to Islam while Being Unlawfully Married

Conversion to Islam while Being Unlawfully Married

Question
Dear scholars, As-Salamu `alaykum. There is a man who – when he was still a non-Muslim – got married to a girl who actually falls under the category of unmarriageable women (like, his sister's daughter) according to Islamic laws. What decision should be taken according to Islamic laws if both of them have now embraced Islam or if only he embraced Islam and she does not? Jazakum Allah khayran.

Answer

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Dear questioner, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake.

In his response to the question in point, Sheikh Zoubir Bouchikhi, Imam of the Islamic Society of Greater Houston’s Southeast Mosque, states:

"This person who reverted to Islam has to divorce this woman even if she did not revert to Islam as she falls under one category of the thirteen categories of women who are forbidden for marriage to [Muslim] men. Allah says in surat An-Nisa': "Forbidden unto you are your mothers, 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 step-daughters 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." (An-Nisa': 23) I would like to mention here that even Judaism and Christianity forbid such marriages."
Allah Almighty knows best.

Shall I Remarry My Ex-Husband ?

Shall I Remarry My Ex-Husband ?

Question
I was granted a divorce by my husband because he was not just between me and his other, first wife, and he was dishonest. I learned that during my `iddah, he was seeking marriage to other women. He now wants to contract a new marriage with me. I do not trust his conduct, but I was told that it is wrong to refuse a sincere proposal. Also, I wish to be married because I am a convert and strongly need familial connections within Islam. Is it better to remarry?

Answer
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear sister in Islam, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help you reach the proper and correct decision.

In his response to the question you raised, Dr. Muzammil H. Siddiqi, former President of the Islamic Society of North America, states:

"Legally speaking, if your husband has not divorced you three times, then you are allowed to remarry without being married and divorced to another person. However, if he has divorced you three times, then you cannot remarry him (unless you marry someone else and he willingly divorces you and your `Iddah expires).

However, you should think seriously about resuming your relationship with this person about whom you say that he was dishonest, insincere and that you don't trust his conduct. I don't know what you want to do with this marriage because these are the basic things required among the spouses that they should be honest, sincere and trustworthy to each other. If this person is failing in all these things, then why do you want to get involved in this trouble again? But of course, it is your decision. May Allah help you."

Remarriage of a Divorced Couple

Remarriage of a Divorced Couple

Question
My question is regarding remarriage of a divorced Muslim woman with her former husband. Under what conditions or circumstances is this permitted? Is it possible for her to remarry him without resorting to a 2nd divorce (meaning marrying someone else and divorcing him first)? I would greatly appreciate your guiding me on this.

Answer
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, we commend your keenness on getting your self well-acquainted with Islam and its teachings, and we implore Allah Almighty to help us serve His cause and render our work for His Sake. Responding to the questions you raised, Dr. Muzammil H. Siddiqi, former President of the Islamic Society of North America, states:

"After the divorce the wife has to spend some time in `Iddah. If a husband divorced his wife first time, he can take her back and then can resume the married life without any fresh Nikah (marriage contract). He is allowed to do that second time also. If he divorces her second time and then within `Iddah he wants to resume the relationship, he can cancel the second divorce also. Again second time they can also be together without a fresh Nikah. But if he divorced her first time or second time and the women went into `Iddah and then her `Iddah was complete, then she is no more his wife and he cannot go back to her, unless they both agree to marry each other. After two divorces they can remarry if they wish. However, if the husband divorced his wife three times, then he can neither take her back during the `Iddah nor after it, unless she marries someone else and he divorces her and then after `Iddah she wants to return to her previous husband. Allah says in the Qur'an,

"A divorce is only permissible twice: after that, the parties should either hold together on equitable terms, or separate with kindness. If a husband divorces his wife (third time or irrevocably), he cannot, after that, remarry her until after she has married another husband and he has divorced her. In that case there is no blame on either of them if they reunite, provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah which He makes plain to those who understand." (al-Baqarah: 229-230)"