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InIslamic law, marriage involvesnikah (Arabic:نِكَاح,romanized: nikāḥ) the agreement to themarriage contract (ʿaqd al-qirān,nikah nama, etc.), or more specifically, the bride's acceptance (qubul) of the groom'sdower (mahr), and the witnessing of her acceptance.[1] In addition, there are several other traditional steps such askhitbah (preliminary meeting(s) to get to know the other party and negotiate terms),walimah (marriage feast),zifaf/rukhsati ("sending off" of bride and groom).[2]
In addition to the requirement that a formal, binding contract – either oral or on paper[3] – of rights and obligations for both parties be drawn up, there are a number of other rules for marriage in Islam: among them that there be witnesses to the marriage, a gift from the groom to the bride known as amahr, that both the groom and the bride freely consent to the marriage; that the groom can be married to more than one woman (a practice known aspolygyny) but no more than four, that the women can be married to no more than one man, developed (according to Islamic sources) from theQuran, (the holy book of Islam) andhadith (the passed down saying and doings of the Islamic prophetMuhammad).Divorce is permitted in Islam and can take a variety of forms, some executed by a husband personally and some executed by a religious court on behalf of a plaintiff wife who is successful in her legal divorce petition for valid cause.
In addition to the usual marriage intended for raising families, theTwelver branch ofShia Islam permits[4][5]: 242 [6]zawāj al-mut'ah or "temporary", fixed-term marriage;[7]: 1045 and someSunni Islamic scholars[8][9][10] permitnikah misyar marriage, which lacks some conditions such as living together. Anikah 'urfi, "customary" marriage, is one not officially registered with state authorities.
Traditional marriage in Islam has been criticized (by modernist Muslims) and defended (by traditionalist Muslims) for allowing polygamy and easy divorce.[11]
In the Hans WehrDictionary of Modern Written Arabic,nikah is defined as "marriage; marriage contract; matrimony, wedlock".[12] In theQuran, nikah is used to refer to the contract of marriage.[13][14][15] According to at least a couple of sources -- Ibrahim B. Syed and the Ahlan Foundation -- the Quran also uses "a strong agreement" (Arabic:مِّيثَـٰقًا غَلِيظًۭا,romanized: mithaqun ghalithun), in verse Q.4:21, to refer to marriage.[16][17][a][b]
In Arabic-speaking countries, marriage is commonly calledzawāj (Arabic:زواج, from theQuranic termzawj (Arabic:زوج), referring to a member of a pair), and this term has recently gained currency among Muslim speakers of other languages as well.
The marriage contract is known by different names:
The marriage celebration may be called
InArabia before the advent of Islam in the 7th centuryCE, a variety of different marriage practices existed. The most common and recognized types of marriage at this time were marriage by agreement, marriage by capture, marriage bymahr, marriage by inheritance, andmot'a or temporary marriage.[19] InMesopotamia, marriages were generally monogamous, except among male royalty, who would haveharems consisting of wives and concubines. TheSasanian society followedZoroastrianism, which viewed women to be possessions in marriage, although consent was required in both marriage anddivorce.[20]
According to Islamic sources, most women in the pre-7th centuryArabia had little control over their marriages and Islam brought a big improvement. They were bound by contract for marriage or custody of children, and their consent was rarely sought. Women were seldom allowed to divorce their husbands, and their view was not regarded for either a marriage or divorce.[21][additional citation(s) needed] However, in the transitional age from non-Islamic to Islamic society, elite women could divorce and remarry without stigma. They were given the power to negotiate the terms of their marriage contract and could even initiate divorce.[20]
During Muhammad's prophethood several chapters and verses from theQuran were revealed which banned common marriage practices that existed prior to that time. The rules of "marriage by agreement (marriage through consent)" were reformed byMuhammad, and strict rules and regulations were set. The practice of "marriage by inheritance" (where a man inherited his father's wives) was forbidden.[22]
Under the ArabianJahiliyyah (pre-Islamic) law, Islamic sources write that no limitations were set on men's rights to marry or to obtain a divorce.[23][page needed] Islamic law limited men to four wives at one time, not includingslave concubines. (Quran4:3)[24] Additionally, a man was required to provide a suitablemarriage gift for each wife and ensure financial support and separate housing for all. As a result, only wealthy men could historically afford to practicepolygyny.[25] The institution of marriage was refined into one in which the woman was somewhat of an interested partner. 'For example, thedower, previously regarded as abride-price paid to the father, became a nuptial gift retained by the wife as part of her personal property'.[23][24] Under Islamic law, marriage was no longer viewed as a "status" but rather as a "contract". The essential elements of the marriage contract were now an offer by the man, an acceptance by the woman, and the performance of such conditions as the payment of dowry. The woman's consent, given either actively or by silence, was required. Furthermore, the offer and acceptance had to be made in the presence of at least two witnesses.[23][24][26]
As in many if not all religions, marriage is encouraged in Islam.
According to scholars, marriage in Islam provides a structure for the relationship between partners creating a family, and safeguards rights of members of the family (Ahlan Foundation, Ahmad Dogarawa).[42][36]Marrying within the Muslim community and creating a “productive and constructive" family where members help and encourage one and other to "be good and righteous", helps to preserve the religion (Ahmad Dogarawa).[36][43][16]
Family life in Islam, finding a partner to share life's joys and sorrows (Ayatollah Ibrahim Amini),[31] is considered a "blessing", a source of stability,[44][45][f] the foundation for families. By regulating sexual desire marriage prevents it from destabilizing the community, in the eyes of religious scholars of Islamic law. In apatrilineal society, where a person's social status is defined by their father's lineage, marriage was a crucial institution for controlling reproduction and ensuring that children were properly recognized and claimed (Judith E. Tucker).[25]
According to scholars offiqh, marriage is either obligatory (fard) or preferred (mustahabb) if a man has the means to marry (can affordmahr), and has no fear of mistreating his wife. If a man fears committing unlawful acts (fornication) if he does not marry, marriage then become obligatory; if he does not fear this it is only preferred (Sheikh Sayyed Sabiq).[46][37]
There are several conditions for an Islamic marriage to take place:[47]
Islamic marriage is based on a contract (ʿaqd al-qirān,nikah nama, etc.) between man and wife.[g]
All Islamic marriage contracts include amahr, (donatio propter nuptias),[48] a mandatory sum of wealth provided to the bride by the groom which should be agreed upon before the nikah, and paid to the bride by the groom at the time of nikah unless they have agreed to delay the time of some of its payment. The mahr is for her exclusive use.[49] If the marriage contract fails to contain an exact, specified mahr, the husband must still pay the wife a judicially determined sum.[50] Mahr functions similar tobride wealth. The mahr is important for the wife in case of divorce. (The value of a mahr varies widely. It is often measured in coins with the equivalent weight of 3 grams of silver.)[51] There is no joint marital property in an Islamic marriage. Other conditions may be included in the contract, such as whether the husband taking a second, third, etc. wife, is grounds for divorce.[citation needed]
Whether the bride must give her consent to marry and how she does, varies according to school of jurisprudence, whether the bride is a virgin, or a minor.
Most Sunni schools of jurisprudence (Hanbali,Shafi'i, andMaliki) require awalī (male guardian, who if representing a bride is called awalī mujbir)[h] to represent a virginal woman in marriage. In most schools ofIslamic law, only the father or the paternal grandfather of the bride can bewalī mujbir.[64] However, in the absence of these, other male relatives such as the bride's brother, uncle, or even a male guardian appointed by a shariah court or the imam of a mosque may act as the walī, depending on the circumstances.[65]
Nikah (wedding) ceremonies vary by culture and religious schools in Islam, but some practices are shared. These include the presence of a male guardian (walī) for the bride (usually her father);[64] two male Muslim witnesses (or one male and two female; witnesses are required in Sunni Islam and recommended in Shia Islam); the offering ofmahr (a gift from the groom to the bride); and freedom from any Islamic legal obstacles (such as the bride and groom being close relatives, or the man being a non-Muslim).
If the conditions are met and amahr and contract are agreed upon, an Islamic marriage ceremony, or wedding, can take place. Mutual consent is demonstrated in the form of a verbal exchange of acceptance (qubool,قُبُوْل,qubūl, meaning 'I accept') and the signing of a marriage contract by the groom and either the bride or her wali.[74][75] In addition to the qubool, there should be a recitation of the fatihah (the opening surah of the Quran);[1] a sermon (khutbah), which typically starts with three verses from the Quran (4:1,3:102, and33:70) and ahadith;[76] a recitation of adu’a asking for a blessing of the marriage; and a hadith about blessing marriages.[77][78]
The nikah is typically followed by a celebratory reception (walima)[79] in line with local customs or those of the couple. The walima may last a couple of hours, or precede the ceremony and conclude several days after.
While Islamic marriage contracts may be binding in Islamic law, they are not legally binding under civil law in non-Muslim countries where practices and concepts like polygamy and mahr are either not legal or not understood. Unless the couple wish to have anikah 'urfi, "customary" marriage, in a non-Muslim country they must register their marriage with a local government body. Registering a civil marriage is particularly important to Muslim women if anything goes wrong with the marriage. If, for example a Muslim man abandons his wife and their marriage is not registered, she may not have legal recourse to seek divorce or access financial support.[80] (In one case in the 1960s, a Muslim woman who had been married with a mahr of well less than one year's income was divorced by Muslim husband after fourteen years of marriage and three children. An American court found in favor of the husband, that she was owed only her mahr and no portion of her psychiatrist-husband’s estate.)[81]
In the United States, Islamic centers often have authorized officiants who in addition to officiating a nikah ceremony can marry Muslims according to civil law, if the wedding party brings a marriage certificate from the county where the center is located. (Polygamous marriages excepted.)[l]In theUnited Kingdom, weddings combining a legal marriage licence and nikah are less common and marriage problems may be dealt with by Sharia Councils, including theIslamic Sharia Council (ISC) andMuslim Arbitration Tribunal (MAT).[84](At least one fatwa site advises Muslims in the UK to "complete the civil marriage so that the marriage and rights arising from it are recognised".)[85]In Australia, someone married according to nikah, a Nikah certificate is "an essential document" to legally recognize your marriage.[86]
In at least one Muslim country (Dubai), it is reportedly possible to marry with a nikah ceremony and then marry again in a civil ceremony, or vice versa, or find an imam authorized to do both simultaneously.[87]
In Muslim-majority countries, where the concept of mahr holds strong cultural and religious significance, it is typically recognized and enforceable through Islamic family courts, who are more likely to intervene in cases of non-payment or inadequate payment of mahr.[88]
In today's world, Muslims practice Islamic marital laws in a multitude of ways all over the globe. In the United States, for example, 95% of Muslim American couples included in a 2012 study by the Institute for Social Policy and Understanding (ISPU) had completed both the Nikah and had obtained a civil marriage license, which is required to have a marriage legally recognized in the United States.[89]: 11 The study also shares that "In some cases, the Islamic marriage contract is completed once the couple has decided to get married, but cohabitation occurs later after the wedding reception. In other cases, the Islamic marriage contract is completed simultaneously with the civil marriage and is followed immediately by the wedding reception."[89]: 11
There is ongoing debate about whether or not Sharia should be recognized in Western countries like the United States and Australia that would allow for the Nikah to be recognized as a legally valid marriage.[90][89]: 6 There are also other elements to the Islamic marriage rituals that have difficulty being acknowledged in courts, according to the study, including the Mahr, or the dowry. Women who are denied their dowry do not have a clear path to legal contestation in either the US or Canada.[89]
Studies have also shown that even young Muslim Americans who might describe themselves as "not very religious" embrace the rituals of their faith at important moments of transition – birth, death, and marriage. These occasions motivate reaffirmation of emotional and behavioral touchstones, even for those who do not practice their faith by attendingmosque, praying or fasting regularly.[91]: 11
When it comes to divorce, the 2014 study conducted by the ISPU states that, "Two divorce rates commonly cited for American Muslims include 32.33% and 21.3%, respectively."[91]: 7 Within the United States and Canada, many Muslim couples interviewed in the study mention that they value a religious divorce and its proceedings.[89]: 33 Some turn to religious figures to help them navigate the divorce process, while many still go through the courts to terminate the civil marriage.[89]: 33 Divorced Muslim women today also face the stigmas associated with being divorced within the North American Muslim community that can make it difficult for them seek remarriage.[91]: 9-10
Gender roles and ideas about marriage have also shifted since the early onset of Islam when many of the rules around marriage were established. ISPU reports that "the most frequent source of marital conflict in this study was conflict over changing gender roles and expectations,"[89]: 40 citing a nation-wide increase in women in higher education and professional jobs over the past three decades, and says that they "In many cases are trying to integrate childrearing and family life with professional goals".[89]: 40
Islam advocates a role-based relationship between husband and wife, where the husband has the main responsibility of earning and the wife of taking care of children. Fatwa and works on Islamic marriage often mention virtues such as "tranquility, love and mercy";[92] "kindness and patience";[93] "love, mercy, kindness and mutual respect";[94] "love, mercy, understanding and aiming to please Allah";[95] that are to be shown by each partner to the other. As aSahih al-Bukhari hadith narrated byAbd Allah ibn Umar states:
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."[96]
According to theShariah (Law) and the Quran, Muslim men are allowed to practicepolygyny, takingup to four legal wives.
If you fear you might fail to give orphan women their ˹due˺ rights ˹if you were to marry them˺, then marry other women of your choice—two, three, or four. But if you are afraid you will fail to maintain justice, then ˹content yourselves with˺ one or those ˹bondwomen˺ in your possession. This way you are less likely to commit injustice.
The warning against injustice to the husband is interpreted to mean treating all wives equally -- emotionally as well as financially. A bride-to-be may also include terms in her marriage contract that requiremonogamy for her husband or require her consent before he marries another wife.[97] Other verses prohibitmarriage to a close relative of any of the multiple wives (a wife's sister, daughter, mother, niece, aunt, etc.).[98]Polygamy is legal, (though often with restrictions), in most Muslim majority countries and most African countries, and illegal most everywhere else.[99][100]
In addition to the traditional marriages there are some Islamic marriages that lack some of the customary rights and obligations:
In Islam, a woman cannot marry for a certain period after a divorce or the death of her husband.[111]: 472 [112] This period of waiting is known asiddah oriddat (Arabic:العدة,romanized: al-ʿidda), which means "to count", the number of days after death or divorce is what is being counted. One of its main purposes is to remove any doubt as to the paternity of a child born after the divorce or death of the prior husband.
The length of ‘iddah varies according to a number of circumstances. Generally, the ‘iddah of a divorced woman is the length of her three menstrual cycles, but if the marriage was notconsummated there is no ‘iddah. For a woman whose husband has died, the ‘iddah is four lunar months and ten days (i.e. about 128 days) after the death of her husband, whether or not the marriage was consummated. If a woman is pregnant when she is widowed or divorced, the ‘iddah lasts until she gives birth.
Islamic scholars consider this directive to be a balance between mourning of husband's death and protecting the widow from criticism that she might be subjected to from remarrying too quickly after her husband’s death.[113] This is also to ascertain whether a woman ispregnant or not, since four and a half months is half the length of a normal pregnancy.[114]
Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife. The theory and practice of divorce in the Islamic world have varied according to time and place.[115]
The main categories of Islamic customary law of divorce aretalaq (repudiation),khulʿ (mutual divorce) andfaskh (dissolution of marriage before the Religious Court).[116]
Historically, the rules of divorce were governed by theSharia, as interpreted by traditional Islamic jurisprudence (fiqh). There were several different schools of jurisprudence (madhhab),[115] and historical practice sometimes diverged from legal theory. In modern times, as personal status (family) laws were codified, they generally remained "within the orbit of Islamic law", but control over the norms of divorce shifted from traditional jurists to the state.[115]
Hanafi/Ottoman rules on divorce and remarriage were fragile and complex. The husband, in repudiating his wife, could declare an irrevocable or revocable divorce. The irrevocable divorce was immediate and the women could not be remarried until after a specific waiting period. One example of a waiting period would be having to wait for threemenstrual cycles from the time of the divorce. In the case of the death of the husband, the woman must wait four months and ten days after his death. If the woman is pregnant, she must wait until after the child is born before remarrying. If the divorce was revocable, the divorce is not final until after the waiting period. However, they could remarry if it was a revocable divorce. Many couples did get remarried after a revocable divorce.
The women's ability to divorce was much different and much more limited. If the woman finds out the husband has some disease or is impotent, she has grounds for divorce but must give her husband a year to consummate the marriage before divorce is allowed. Also, the women can divorce by using the "option of puberty" in which the women would have to provide witnesses of the menstrual blood. Finally, a woman could use the "hul", which is a Turkish word, for divorce. This is when the woman asks the husband for a divorce, and he repudiates her for consideration. After that, essentially, it is trading property for the person.[117]
The Qur'an encourages cooperation in marriage, this is done by giving specific rules to follow. One verse says "Consort with them honorably; or if you are averse to them, it is possible that you may be averse to a thing, and God set in it much good".[118] Divorce could lead to women losing their morality or purity if certain values were not followed correctly. The Qur'an exemplifies that divorce is not meant to be the man getting back at the woman. It is to allow the man and the woman to peacefully split up for the good of each other. It also allows for multiple remarriages between the same couple. The couple can divorce and get back together up to two times but after the second remarriage, the divorce is final and there are no more remarriages allowed.
The reason the man typically gets the right to divorce is that his judgment is thought to be more balanced than a woman's. Again, the only reason the woman can ask for a divorce is if there is something significantly wrong with the man. Divorce was supposed to be reserved as a last resort and not something that was used for harm or for trivial disagreements. The Qur'an says, "Divorce must be pronounced twice and then (a woman) must be retained in honor or released in kindness",[118] which exemplifies that it was supposed to be honorable for both man and woman if it needed to be done. It was not taken lightly, and it was a big decision for both parties.
The wife has the right to live in separate accommodation with her husband and children, if she does not want to share it with anyone like her in-law or relatives. This is the view of most of the Hanafi, Shaafa'i and Hanbali scholars offiqh. 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][119]
This indicates that a wife is responsible for the house of her husband. Also that a man should be the guardian of his family, i.e., after his marriage he moves out of his father's house, and runs his own family affairs and is guardian of his family. In a joint family, typically the head is either the father of the husband, or mother of the husband. This also indicates that a husband should look after his parents' house, as "a man is a guardian of his father's property". So the wife should not object to her husband when he is looking after affairs of his parents.[120]
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, and between slave owners and enslaved females. While most traditions discourage celibacy, all encourage strict chastity and modesty (seehaya) 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., his private parts 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:[121]
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 fromGod as doing the opposite, i.e., satisfying sexual needs through illicit means, has punishment. Specific occasions (most notably daytimefasting (seesawm) andmenstruation) 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 strictly prohibited.
So long as it is within marriage, free of lewdness, fornication and adultery, Islam has sometimes been described as having an open and playful approach to sex.[122]
your mothers, your daughters, your sisters, your paternal and maternal aunts, your brother's daughters, your sister's daughters, your foster-mothers, your foster-sisters, your mothers-in-law, your stepdaughters under your guardianship if you have consummated marriage with their mothers— ... —nor the wives of your own sons, nor two sisters together at the same time—except what was done previously. ... (Q.4:23)
In a misyar marriage the woman waives some of the rights she would enjoy in a normal marriage. Most misyar brides don't change their residences but pursue marriage on a visitation basis.
... the majority of the Muslim scholars, who are of the Maaliki, Shaafi'i and Hanbali Schools of thought said that it is permissible for a father to force his virgin minor daughter to get married even if she disagrees. However, the scholars of the Hanafi School of thought said that her permission must be sought and that he cannot force her to get married.
Shafi'i recommends strongly that daughters who have reached majority be consulted
It is not necessary for a women to obtain permission from her Wali to marry. If she does marry without his permission the nikah will be valid. However, if she does marry someone outside of her scope of Kufu (compatibility) the Wali, in the interest of the child, has the right to object and the marriage.
Nikah+-2024 was invoked but never defined (see thehelp page).A Marriage License issued by a County in the State of Washington must be obtained and presented to the authorized performer of the marriage, for the Mosque, prior to the ceremony.
Islam marriage/Nikah ...in the USA, ... is a two stage process: first, you obtain a document called 'marriage license', then this document is filled out by someone authorized to issue marriage 'certificate' during a marriage ceremony. Once you have the 'certificate', you are officially married.
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