"And among His signs is this, that He created for you mates from among yourselves, that you may dwell in tranquility with them, and He has put love and mercy between your hearts. Verily in that are signs for those who reflect." (Qur'an 30:21)
In the Qur'an, the marriage relationship is described as one with "tranquility," "love" and "mercy." Elsewhere in the Qur'an, husband and wife are described as "garments" for each other (2:187). Garments offer protection, comfort, modesty, and warmth. Above all, the Qur'an describes that the best garment is the "garment of God-consciousness" (7:26).
Muslims view marriage as the foundation of society and family life. In a practical aspect, Islamic marriage is thus structured through legally-enforceable rights and duties of both parties. In an atmosphere of love and respect, these rights and duties provide a framework for the balance of family life and the fulfillment of both partners.
General Rights
To be treated with honor, kindness, and patience.
To enjoy intimate relations with each other.
To have children, by God's will.
To keep one's legal and personal identity after marriage, retaining one's own family name, inheritance rights, property, mahr, etc.
General Duties
To be faithful to the marriage bond.
To strive to be attractive to one's spouse.
To assist and support one another, and to resolve disputes amicably.
The husband has the duty to provide all physical maintenance of the family (housing, clothing, food, medical care, etc.).
Islamic Marriage
CourtshipWhen searching for a spouse, Muslims often involve an extended network of friends and family.
Decision-Making
Muslims take very seriously the decision of whom to marry. When it's time for a final decision, Muslims seek guidance from Allah and advice from other knowledgable people.
Marriage Contract (Nikah)
Marriage Contract (Nikah)
In Islam, marriage is considered both a social agreement and a legal contract. Negotiating and signing the contract is a requirement of marriage under Islamic law, and certain conditions must be upheld in order for it to be binding and recognized.
Marriage Contract ConditionsNegotiating and signing the contract is a requirement of marriage under Islamic law, and certain conditions must be upheld in order for it to be binding and recognized.
Consent –
Both the groom and the bride must consent to the marriage, verbally and in writing. This is done through a formal proposal of marriage (ijab) and acceptance of the proposal (qabul). A first-time bride is usually represented in the contract negotiations by her Wali, a male guardian who looks out for her best interests. Even so, the bride must also express her willingness to enter into marriage. Consent cannot be obtained from those who are legally unable to give it, i.e. people who are incapacitated, minor children, and those who have physical or mental impairments which limit their capacity to understand and consent to a legal contract.
Mahr – This word is often translated as “dowry” but is better expressed as “bridal gift.” The bride has a right to receive a gift from the groom which remains her own property as security in the marriage. The gift is payable directly to the bride and remains her sole property, even in case of later divorce. The mahr can be cash, jewelry, property, or any other valuable asset. Either full payment or an agreed-upon payment schedule is required at the time of contract signature. The mahr may also be deferred until termination of the marriage through death or divorce; in such an instance the unpaid mahr becomes a debt against the husband’s estate. What was your mahr?
Witnesses – Two adult witnesses are required to verify the marriage contract.
Prenuptial Contract Conditions – Either the bride or the groom may submit contract conditions which, if agreed upon, become legally-binding conditions of marriage. Often such conditions include agreements about the country of the couple’s residence, the wife’s ability to continue her education or career life, or vistation with in-laws. Any condition that is allowable in Islamic law is allowed to be entered, as long as both parties agree. What were your marriage contract conditions?
After Contract SignatureAfter the contract is signed, a couple is legally married and enjoy all the rights and responsibilities of marriage. In many cultures, however, the couple do not formally share a household until after the public wedding celebration (walimah). Depending on the culture, this celebration may be held hours, days, weeks, or even months later.
Mahr – This word is often translated as “dowry” but is better expressed as “bridal gift.” The bride has a right to receive a gift from the groom which remains her own property as security in the marriage. The gift is payable directly to the bride and remains her sole property, even in case of later divorce. The mahr can be cash, jewelry, property, or any other valuable asset. Either full payment or an agreed-upon payment schedule is required at the time of contract signature. The mahr may also be deferred until termination of the marriage through death or divorce; in such an instance the unpaid mahr becomes a debt against the husband’s estate. What was your mahr?
Witnesses – Two adult witnesses are required to verify the marriage contract.
Prenuptial Contract Conditions – Either the bride or the groom may submit contract conditions which, if agreed upon, become legally-binding conditions of marriage. Often such conditions include agreements about the country of the couple’s residence, the wife’s ability to continue her education or career life, or vistation with in-laws. Any condition that is allowable in Islamic law is allowed to be entered, as long as both parties agree. What were your marriage contract conditions?
After Contract SignatureAfter the contract is signed, a couple is legally married and enjoy all the rights and responsibilities of marriage. In many cultures, however, the couple do not formally share a household until after the public wedding celebration (walimah). Depending on the culture, this celebration may be held hours, days, weeks, or even months later.
Wedding Party (Walimah)
The public celebration of a marriage usually involves a wedding party (walimah). The family of the groom is responsible for inviting the community to a celebration meal. The details of how this party is structured, and the traditions involved, vary from culture to culture.
Married Life
After all the parties are over, the new couple settles into life as husband and wife. In Islam, the marriage relationship is characterized by safety, comfort, love, and mutual rights and responsibilities.
No comments:
Post a Comment