Marriage (Part I of II) *
The relation between male and female becomes lawful by contracting marriage. There are 2 kinds of marriages: (1) Permanent marriage (2) Fixed-time marriage In a permanent marriage, the period of matrimony isn't fixed, and it is forever. The female with whom such a marriage is concluded is called da'ima (i.e. a permanent wife). In a specific time marriage (Mut'ah), the period of matrimony is fixed, for example, matrimonial relation is contracted with a female for an hour, or a day, / a month/a year,/ more. However, the period fixed for the marriage shouldn't exceed the span of normal lives of the spouses, because in that case, the marriage will be treated as a permanent one. This sort of fixed time marriage is called Mut'ah or Sigha. Marriage type Issue 2372: * Whether marriage is permanent /temporary, the formal formula must be pronounced; mere tacit approval & consent/ written agreement, isn't enough. And the formula (Sigha) of the marriage contract is pronounced either by the male and the female themselves,/by a person who is appointed by them as their representatives to recite it on their behalf. Issue 2373: The representative should not necessarily be a male. A woman can also become a representative to pronounce the marriage formula. Issue 2374: As long as the female & the man aren't certain that their representative has pronounced the formula, they can't look at each other as Mahram (like husband and wife), & a mere probable suspicion that the representative may have pronounced the formula isn't available. And if the representative says that he has pronounced the formula, but his assertion doesn't satisfy the parties concerned, it willn't be deemed sufficient. Issue 2375: If a woman appoints a person as her representative so that he may, for example, contract her marriage with a man for ten days, but doesn't specify the day from which the period of 10 days would commence, the representative can contract her marriage with that man for 10 days from any day he likes. However, if the representative knows that the female intends a particular hour / day, he should pronounce the formula according to her intention. Issue 2376: One person can act as the representative of both sides for reciting the formula of permanent/ temporary marriage. It's also permissible that a man may himself become the representative of a woman & contract permanent & temporary marriage with her. However, the recommended precaution is that two separate persons should represent each side, for the formula of marriage contract. The mathod of marraige Issue 2377: * If a female and a male themselves want to recite the formula of permanent marriage, the woman should first say: Zawwajtuka nafsi 'alas sidaqil ma'lum (i.e. I have made myself your wife on the agreed mahr), & then the man should immediately respond thus: Qabiltut tazwij (i.e. I accept the marriage). In this system, the marriage contract will be in order. And if a woman & a man appoint other person to act as their representatives for pronouncing the formula of marriage,& if, for example, the name of the man is Ahmad and that of the Female is Fatimah, the representative of the woman should first say: Zawwajtuka muwakkilaka Ahmad muwakkilati Fatimah 'alas sidaqil ma'lum (i.e. I have given to your client Ahmad in marriage my client Fatimah on the agreed mahr) & thereafter the representative of the man should immediately respond thus: Qabiltut tazwijali Muwakkili Ahmad 'alas sidaqil ma'lum (that is, I accepted this matrimonial alliance for my client Ahmad on the agreed Mahr). Now the marriage contract is in order./ on the basis of recommended precaution, it is necessary that the words uttered by the man should conform with those uttered by the woman; for example, if the woman says: Zawwajituka ...... (i.e. I have made myself your wife) the man should also say: Qabituttazwija ......(i.e. I accept the matrimonial alliance) & not Qabitun Nikaha. Issue 2378: It is permissible for a man & a woman to recite the formula of the temporary marriage (Mut'ah), after having agreed on the period of marriage & the amount of Mahr. Hence, if the female says: Zawwajtuka nafsi fil muddatil ma'lumati 'alal mahril ma'lum (i.e. I have made myself your wife for an agreed period and agreed Mahr), & then the man immediately responds thus: Qabiltu (i.e. I have accepted), the marriage will be in order. And the marriage will also be in order if they appoint other persons to act as their representatives. First, the representative of the female should say to the representative of the man thus: Matta'tu muwakkilati muwakkilaka fil muddatil ma'lumati 'alal mahril ma'lum (i.e. I have given my client to your client in marriage for the agreed period and the agreed Mahr), and then the representative of the man should immediately respond thus: Qabiltut tazwija li muwakkili hakaza (i.e. I accepted this matrimonial alliance for my client this way). Condition Issue 2379: * There are certain conditions for the Nikah recited for marriage. They are as follows: (i) On the basis of precaution, the formula (Nikah) of marriage contract should be pronounced in correct Arabic. And if the man and the woman can not pronounce the formula in correct Arabic, they can pronounce the Nikah in any other language, and it isn't necessary to appoint any representatives. But the words used in translation must convey strictly the meaning of “Zawwajtu” and “Qabiltu”. (ii) The man & the female or their representatives, who recite the Nikah, should have the intention of Insha' (i.e. reciting it in a creative sense, making it effective immediately). In other words, if the man & the woman themselves pronounce the formula, the intention of the woman by saying: Zawwajtuka nafsi' should be that she effectively makes herself the wife of the man; and by saying: “Qablitut tazwija” the man effectively accepts her as his wife. And if the representatives of the man and the woman pronounce the Nikah, their intention by saying: 'Zawwajtu' and 'Qablitu' should be that the man and the woman who have appointed them as their representatives, have effectively become husband and wife. (iii) The person who pronounces the Nikah (whether he pronounces it for himself or has been engaged by some other person as his representative) should be sane, and as a precaution, he should be baligh also. (iv) If the Nikah is pronounced by the representatives or the guardians of the man and the woman, they should identify the man and the woman by uttering their names or making intelligible signs towards them. Hence, if a person has more than one daughters, and he says to a man: Zawwajtuka Ihda Banati (i.e. I have given away one of my daughters to you as your wife) and the man says: Qabiltu (i.e. I have accepted) the marriage contract is void, because the daughter has not been identified. (v) The woman and the man should be willing to enter into a matrimonial alliance. If, however, the woman ostensibly displays hesitation while giving her consent, but it is known that in her heart, she is agreeable to the marriage, the marriage is in order. Issue 2380: If, while reciting the Nikah, even one word is pronounced incorrectly, as a result of which its meaning is changed, the marriage contract would be void. Issue 2381: * If a person pronouncing Nikah comprehends its general meaning, and has a clear intention of effecting that meaning, the Nikah will be valid. It is not necessary for him to know the exact meaning of each word, or to know the laws of Arabic grammar. Issue 2382: If Nikah of a woman is pronounced to a man without her consent, but later both man and woman endorse the Nikah, the marriage is in order. Issue 2383: If the woman and the man, or any one of them, is coerced into matrimony, and they give consent after the Nikah has been pronounced, the marriage is in order, although it is better that the Nikah be repeated. Issue 2384: * The father and the paternal grandfather can contract a marriage on behalf of his minor son or daughter, or on behalf of an insane son or daughter, if they are baligh. And after the children have become baligh or the insane has become sane, he can endorse or abrogate it, if the contracted marriage involves any moral lapse or scandal. And if the marriage contract does not involve any moral lapse or scandal, but the na-baligh son or daughter calls off the marriage, then as an obligatory precaution, a Talaq or a renewed Nikah, whatever the case may be, must be recited. Issue 2385: * If a girl has reached the age of bulugh and is virgin and mature (i.e. she can decide what is in her own interest) wishes to marry, she should, obtain permission from her father or paternal grandfather, although she may be looking after her own affairs. It is not, however, necessary for her to obtain permission from her mother or brother. Issue 2386: * In the following situations, it will not be necessary for a woman to seek the permission of her father or paternal grandfather, before getting married: (i) If she is not a virgin. (ii) If she is a virgin, but her father or paternal grandfather refuse to grant permission to her for marrying a man who is compatible to her in the eyes of Shariah, as well as custom. (iii) If the father and the grandfather are not in any way willing to participate in the marriage. (iv) If they are not in a capacity to give their consent, like in the case of mental illness etc. (v) If it is not possible to obtain their permission because of their absence, or such other reasons, and the woman is eager to get married urgently. Issue 2387: * If the father or the paternal grandfather contracts marriage on behalf of his na-baligh son, the boy, upon attaining bulugh, should pay maintenance of his wife. In fact, he should start paying her maintenance before becoming baligh, when he is able to consummate the marriage. And the wife should not be too young to have any sexual relation with the husband. And in the situation other than these, there is a strong indication that she is entitled to maintenance from the husband, therefore a compromise should be carried out as a precaution. Issue 2388: * If the father or the paternal grandfather contracts a marriage on behalf of his na-baligh son, they should pay the Mahr if the boy does not own any means, or if either of them undertakes to pay the Mahr himself. In other situations, the father or the paternal grandfather can pay Mahr from the boy's wealth, but it should not exceed the proper usual Mahr customarily given in similar cases. But if the circumstances demand that higher Mahr be paid, they can pay it from the boy's wealth, and not otherwise, unless the boy approves it after having become baligh.
