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Islam views marriage as a contract. Thus, as with any contract, several elements are considered essential to its existence. Each of these should be understood properly to ensure that the marriage is performed properly and that each spouse receives his or her full rights.
All the scholars agree that one essential act is the "offer and acceptance," for no marriage contract is valid without it. Either party can initiate this process. The presence of two witnesses and the dowry paid by the husband are necessary elements as well. Conditions for a Sound Marriage Contract. These conditions are as follows: - The woman cannot be one of those forbidden to the man by relation, nursing, or any of the other preventing factors mentioned above.
- The offer and acceptance is permanent and certain. If anything in the contract indicates something of a temporary and uncertain nature, the marriage is invalid. This is why the words of acceptance must be in the past tense, which expresses certainty.
- Two credible witnesses must be present, and the marriage should be announced and publicized.
- Both parties have willingly accepted the marriage.
- The bride and groom are identified and known.
- Neither of the contracting parties are in the state of ihram.
- The parties and witnesses are not bound to keep it quiet.
- The presence of the woman's guardian or representative (waliy). The waliy is a Muslim man charged with marrying a woman entrusted to his care to a man who will be good for her.
- The man and woman must be legally competent (i.e., adult and sane). If they are not, the marriage is invalid. The woman cannot be from any category of women that her intended spouse cannot marry. For example, suppose the couple get married and he then learns that they had been breastfed by the same woman. In this case, the marriage becomes null and void, because their breast-milk relationship disqualifies them from marrying each other.
The offer and acceptance of the contract must be done in one sitting. In general, this means that the response must be immediate. The acceptance must correspond to what is being offered, and the marriage must be effective immediately. The bride must receive a dowry (bridal-due [mahr]). Mahr (Dowry or Bridal-Due). The groom gives the mahr only to the bride to honor her, show his respect for her, his serious desire to marry her, and his sense of responsibility, obligation, or effort to her. The Qur'anic injunction: Give to the women (whom you marry) their bridal-due all willingly and without expecting a return (4:4) is addressed to either the husband (because it is his duty to give it) or to the guardian (because before Islam came they used to keep a woman's dowry for themselves). This verse shows that this particular pre-Islamic custom was no longer permitted. The exact amount of the dowry has not been determined, for the groom should pay it according to his capacity or wealth. The region's customs also are considered in determining its amount. Fulfilling Agreements. Generally speaking, Muslims must comply with any agreements that they make. God says about the believers: They fulfill their covenant when they have engaged in a covenant (2:177) and orders them: O you who believe, fulfill the bonds (you have entered in with God and people) (5:1). God's Messenger mentioned breaking one's promise and covenant as among the signs of hypocrisy. Wedding Ceremony and Feast. It is permissible, even advisable, to arrange a wedding ceremony within an Islamic framework. The husband is required to sponsor the wedding feast, which can last for 3 days, after the marriage contract. |