Rules of Nikah, Virtues, Conditions, and Rights of Spouses in the Light of the Quran and Hadith

Source: Jurisprudential Rulings and Issues in the Light of Quran and Hadith


Rulings of Marriage​


All praise is due to Allah, and blessings and peace be upon the Messenger of Allah. To proceed!

The chapter of marriage holds great and fundamental importance. The jurists have discussed the issues of marriage in detail in their books, clearly explaining its purposes and effects, because its legitimacy is fully evident in the Book, Sunnah, and consensus.

Allah Almighty says:

﴿ فَانكِحوا ما طابَ لَكُم مِنَ النِّساءِ مَثنىٰ وَثُلـٰثَ وَرُبـٰعَ ...﴿٣﴾... سورةالنساء
"And marry those among you who are single and the righteous among your male slaves and female slaves. If they are poor, Allah will enrich them from His bounty. And Allah is All-Encompassing and Knowing."
Reference: An-Nisa:4/3


And when Allah Almighty mentioned the women from whom marriage is forbidden, He concluded by saying:

﴿ وَأُحِلَّ لَكُم ما وَراءَ ذ‌ٰلِكُم أَن تَبتَغوا بِأَمو‌ٰلِكُم مُحصِنينَ غَيرَ مُسـٰفِحينَ ...﴿٢٤﴾... سورة النساء
"And [prohibited to you are] women already married except those your right hands possess. [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these, that you seek them with your wealth, desiring chastity, not unlawful sexual intercourse."
Reference: An-Nisa:4/24


The Messenger of Allah, peace and blessings be upon him, drew attention to marriage and encouraged it by saying:

"يَا مَعْشَرَ الشَّبَابِ، مَنِ اسْتَطَاعَ مِنْكُمُ البَاءَةَ فَلْيَتَزَوَّجْ، فَإِنَّهُ أَغَضُّ لِلْبَصَرِ وَأَحْصَنُ لِلْفَرْجِ"
"O young men! Whoever among you is able to marry, let him marry, for it helps lower the gaze and guard the private parts."
Reference: Sahih al-Bukhari, Marriage, Chapter: Whoever cannot afford should fast, Hadith 5066. Sahih Muslim, Marriage, Chapter: The recommendation of marriage for one whose soul desires it, Hadith 1400, and the wording is his.


Similarly, the Prophet Muhammad (peace be upon him) said:

"تَزَوَّجُوا الْوَدُودَ الْوَلُودَ فَإِنِّي مُكَاثِرٌ بِكُمْ الأُمَمَ يوم القيامة"
"Marry the loving and fertile, for I will boast of your great numbers before the other nations on the Day of Resurrection."
Reference: Sunan Abi Dawood, Marriage, Chapter: Prohibition of marrying women who do not bear children, Hadith 2050. Sunan an-Nasa'i, Marriage, Chapter: Dislike of marrying the barren, Hadith 3229. Al-Talkhees al-Habeer 3/145 and Kanz al-Ummal 16/302, Hadith 44597, and the wording is theirs.


Important Objectives and Benefits of Marriage​


Many great and important objectives are hidden in marriage. A few of them are briefly mentioned below:

① Through marriage, the human race continues, the number of Muslims increases, and it becomes a means for the increase of those who strive in the way of Allah and protect the religion, which establishes awe over the disbelievers.

② One purpose of marriage is the protection of honor and chastity and to save a person from immorality, because immorality causes corruption and disorder in human society.

③ Another purpose of marriage is that the man, as a husband, should provide maintenance and consider the other rights of his wife. Allah Almighty says:

﴿الرِّجالُ قَوّ‌ٰمونَ عَلَى النِّساءِ بِما فَضَّلَ اللَّهُ بَعضَهُم عَلىٰ بَعضٍ وَبِما أَنفَقوا مِن أَمو‌ٰلِهِم ...﴿٣٤﴾... سورة النساء
"Men are the protectors and maintainers of women because Allah has given the one more (strength) than the other, and because they support them from their means."
Reference: An-Nisa:4/34.


④ Marriage is a means to create love, tranquility, comfort of the heart, and psychological satisfaction between husband and wife. Allah Almighty says:

﴿وَمِن ءايـٰتِهِ أَن خَلَقَ لَكُم مِن أَنفُسِكُم أَزو‌ٰجًا لِتَسكُنوا إِلَيها ...﴿٢١﴾... سورةالروم
"And among His signs is that He created for you from yourselves mates that you may find tranquility in them."
Reference: Ar-Rum:30/21.


He also said:

﴿هُوَ الَّذى خَلَقَكُم مِن نَفسٍ و‌ٰحِدَةٍ وَجَعَلَ مِنها زَوجَها لِيَسكُنَ إِلَيها...﴿١٨٩﴾... سورة الاعراف
"It is Allah who created you from one soul and created from it its mate that he might dwell in security with her."
Reference: Al-A'raf:7/189


⑤ Marriage protects human society from those evils that destroy morality and degrade a person from their high status.

⑥ Marriage safeguards lineage, forms the basis of kinship, connects relatives, and is the cause of establishing a noble family, whose foundation is based on love, compassion, maintaining ties of kinship, mutual help, and goodwill.

⑦ Through marriage, a person rises above animalistic life and attains the level of a higher human life.

All these benefits and outcomes are established only through a marriage conducted according to the Book and Sunnah, fulfilling all the Shariah requirements.

The Reality of Marriage and Its Shariah Status​


Marriage is a Shariah contract, which requires that the husband and wife enjoy each other, as the Prophet ﷺ said:

"اتَّقُوا اللَّهَ فِي النِّسَاءِ فَإِنَّهُنَّ عَوَانٍ عِنْدَكُمْ وَإِنَّكُمْ أَخَذْتُمُوهُنَّ بِأَمَانَةِ اللَّهِ وَاسْتَحْلَلْتُمْ فُرُوجَهُنَّ بِكَلِمَةِ اللَّهِ"
"I advise you regarding women to treat them well, for they are your dependents and bound by your commands."
Reference: . Sunan Ibn Majah, Nikah, Chapter: The Right of the Woman over the Husband, Hadith: 1851.
"According to the command of Allah Almighty, you have made their chastity lawful."
Reference: . Sahih Muslim, Hajj, Chapter: The Proof of the Prophet ﷺ, Hadith: 1218.


The marriage contract is a strong agreement between the spouses. Allah Almighty says:

﴿وَأَخَذنَ مِنكُم ميثـٰقًا غَليظًا ﴿٢١﴾... سورة النساء
"And those women have taken from you a solemn covenant."
Reference: . An-Nisa: 4/21.


Fulfilling all the requirements of this contract is obligatory upon both husband and wife. Allah Almighty has said:

﴿يـٰأَيُّهَا الَّذينَ ءامَنوا أَوفوا بِالعُقودِ...﴿١﴾... سورة المائدة
"O you who have believed! Fulfill the covenant."
Reference: . Al-Ma'idah: 5/1.


The ruling on multiple marriages and its wisdoms​


A person who has the ability and capacity, and does not fear injustice among wives, may marry more than one, up to four women. Allah Almighty says:

﴿فَانكِحوا ما طابَ لَكُم مِنَ النِّساءِ مَثنىٰ وَثُلـٰثَ وَرُبـٰعَ فَإِن خِفتُم أَلّا تَعدِلوا فَو‌ٰحِدَةً...﴿٣﴾... سورة النساء
"Marry women of your choice, two or three or four; but if you fear that you will not be just, then [marry only] one."
Reference: . An-Nisa: 4/3.


In this verse, justice means that the husband should maintain fairness and equality among all his wives in matters of maintenance, clothing, residence, conjugal rights, and similar issues.

The permission of multiple wives is one of the important virtues of Islamic Shariah, which is evidence that this Shariah is applicable for every era and place. It contains great wisdom and benefits for men, women, and the entire society.

◈ It is clear that in many situations, the number of women is greater than that of men.
◈ Furthermore, men are more exposed to war, travel, and other dangerous situations, which can reduce their numbers, while women generally remain safe from such conditions, thus their numbers increase.
◈ If a man is limited to only one wife, many women will be deprived of marriage.
◈ Similarly, women experience conditions like menstruation and postpartum bleeding. If a man is prevented from marrying again, there will be many times when he cannot benefit from the duty of marriage.
◈ Also, complete and fruitful enjoyment in women generally ends after fifty years, while in men the ability to procreate and enjoy can remain until old age. If a man is restricted to only one marriage, he will be deprived of great benefits and the purpose of increasing the progeny will also be affected.
◈ One wisdom of polygamy is that when the number of women is greater than men, many women will not remain without support; otherwise, the result will be moral corruption, natural loss, and deprivation of the legitimate adornment of life.

In summary, polygamy has many beneficial and important effects on human society, and great valuable wisdom is hidden in these rulings of Shariah.

May Allah destroy those who plan to obstruct this path and want to prevent the natural interests and benefits of human society.

Shariah Rulings on Marriage: Obligatory, Recommended, Forbidden, Disliked​


According to Shariah, there are four types of marriage: sometimes obligatory, sometimes recommended, sometimes forbidden, and sometimes disliked.

✔ Marriage becomes obligatory when a person fears that if he does not marry, he will fall into immorality, because one of the main purposes of marriage is to protect a person from forbidden acts.

Regarding this situation, Sheikh al-Islam Ibn Taymiyyah, may Allah have mercy on him, says:
"If a person has such a need for marriage that avoiding it would lead to the risk of committing immorality, then marriage is more important than the obligation of Hajj."
Reference: . Al-Fatawa al-Kubra al-Ikhtiyarat al-Ilmiyyah: 5/451.


Some scholars say that for such a person, marriage is superior to voluntary fasting. Another opinion among scholars is that in this condition, marriage is obligatory, whether he has the means to bear the expenses or not.

Sheikh Taqi al-Din, may Allah have mercy on him, states that from the words of Imam Ahmad, may Allah have mercy on him, and other jurists, it appears that being wealthy is not a condition for marriage, because Allah Almighty has promised wealth through marriage:

﴿إِن يَكونوا فُقَراءَ يُغنِهِمُ اللَّهُ مِن فَضلِهِ...﴿٣٢﴾... سورة النور
"Even if they are poor, Allah will enrich them from His bounty."
Reference: An-Nur: 24/32.


The condition of the Messenger of Allah, peace be upon him, was such that sometimes in the morning there was nothing to eat, and sometimes in the evening there was nothing at hand, and the Prophet, peace be upon him, married a person who did not even have an iron ring.

✔ If desire and ability are present, but there is no risk of committing adultery, then marriage is recommended, because it has numerous benefits for both men and women.

✔ If there is no desire for intercourse, for example due to old age or weak sexual power, then marriage is permissible.

✔ In some cases, such marriage becomes disliked (makruh), because it may defeat the purpose of marriage for the woman, which is the protection of chastity, and it may hurt her natural feelings.

✔ For a Muslim, marriage is forbidden when he is in a land of disbelievers that is a land of war (dar al-harb), because in such a case there are risks of moral corruption of offspring, dominance of disbelievers, and the fear that the wife will not be safe.

Which women is it better to marry?​


It is Sunnah to marry a woman who is religious, chaste, and from a good family, because it is narrated from Sayyiduna Abu Hurairah (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) said:

"تُنْكَحُ الْمَرْأَةُ لِأَرْبَعٍ : لِمَالِهَا ، وَلِحَسَبِهَا ، وَلِجَمَالِهَا ، وَلِدِينِهَا ، فَاظْفَرْ بِذَاتِ الدِّينِ تَرِبَتْ يَدَاكَ"
"A woman is married for four things: (1) her wealth, (2) her family, (3) her beauty, and (4) her religion. But marry her for her religion. May your hands be dustied (if you do otherwise)."
Reference: Sahih al-Bukhari, Marriage, Chapter on Compatibility in Religion, Hadith 5090. Sahih Muslim, Breastfeeding, Chapter on the Recommendation of Marriage with Religious Women, Hadith 1466.


The Messenger of Allah, peace be upon him, forbade making anything other than religion the primary criterion. He said:

"لَا تَنْكِحُوا النِّسَاءَ لِحُسْنِهِنَّ فَلَعَلَّهُ يُرْدِيهِنَّ ، وَلَا لِمَالِهِنَّ فَلَعَلَّهُ يُطْغِيهِنَّ ، وَانْكِحُوهُنَّ لِلدِّينِ"
"Do not marry women for their beauty, for their beauty may destroy them. Nor marry them for their wealth, for their wealth may make them rebellious. Marry them for their religion."
Reference: (Weak) Sunan Ibn Majah, Marriage, Chapter on Marrying for Religion, Hadith 1859. Al-Sunan al-Kubra by Al-Bayhaqi 7/80. Al-Talkhis al-Habeer 3/146. The wording is his.


Similarly, the Prophet, peace be upon him, encouraged marrying young and virgin women. He said to Sayyiduna Jabir, may Allah be pleased with him:

"هلا تزوجت بكرا تلاعبها وتلاعبك"
"Why did you not marry a virgin so that you and she could enjoy each other?"
Reference: . Sahih al-Bukhari, Jihad, Chapter on Seeking Permission from the Imam, Hadith 2967 and Sahih Muslim, Al-Ridaa, Chapter on the Recommendation of Marrying a Virgin, Hadith (55)715 after Hadith 1466.


The wisdom behind this is that she has not seen any husband before, so her love is more complete; otherwise, there is a possibility that her heart remains attached to the first husband and she may not be fully inclined towards the second husband.

It is also Sunnah to marry a woman from whom there is hope for many offspring. It is narrated from Sayyiduna Anas رضي الله تعالى عنه that the Messenger of Allah صلى الله عليه وسلم said:

"تَزَوَّجُوا الْوَدُودَ الْوَلُودَ فَإِنِّي مُكَاثِرٌ بِكُمْ الأُمَمَ يوم القيامة"
"Marry women who are loving and fertile, for I will boast of your great numbers before the other nations on the Day of Resurrection."
Reference: . Sunan Abu Dawood, Marriage, Chapter on Prohibition of Marrying a Woman Who Does Not Bear Children, Hadith 2050 and Sunan an-Nasa'i, Marriage, Chapter on Dislike of Marrying a Barren Woman, Hadith 3229. Al-Talkhees al-Habeer 3/145 and Kanz al-Ummal 16/302, Hadith 44597. The wording is theirs.


There are other narrations conveying the same meaning.

Encouragement for Youth to Marry Early​


The command of marriage varies due to differences in a person's physical strength, financial condition, and ability to fulfill responsibilities. The Messenger of Allah, peace be upon him, encouraged the youth of his Ummah to marry early because they need it more than others. He, peace be upon him, said:

"يَا مَعْشَرَ الشَّبَابِ، مَنْ اسْتَطَاعَ مِنْكُمْ الْبَاءَةَ فَلْيَتَزَوَّجْ فَإِنَّهُ أَغَضُّ لِلْبَصَرِ وَأَحْصَنُ لِلْفَرْجِ وَمَنْ لَمْ يَسْتَطِعْ فَلْيَصُمْ فَإِنَّ الصَّوْمَ لَهُ وِجَاءٌ"
"O group of youth! Whoever among you has the means should marry, for it helps lower the gaze and guard the private parts. And whoever does not have the means should fast, for fasting diminishes the intensity of sexual desire."
Reference: Sahih al-Bukhari, Marriage, Chapter: Whoever is unable to marry should fast, Hadith 5066. Sahih Muslim, Marriage, Chapter: The recommendation of marriage for those whose soul desires it, Hadith 1400, and the wording is his.


When one is unable to marry, the Prophet, peace be upon him, prescribed fasting to reduce the intensity of desires, because fasting not only controls sexual urges but also instills fear of Allah and piety. Allah Almighty says:

﴿يـٰأَيُّهَا الَّذينَ ءامَنوا كُتِبَ عَلَيكُمُ الصِّيامُ كَما كُتِبَ عَلَى الَّذينَ مِن قَبلِكُم لَعَلَّكُم تَتَّقونَ ﴿١٨٣﴾... سورةالبقرة
"O you who have believed, decreed upon you is fasting as it was decreed upon those before you that you may become righteous."
Reference: . Al-Baqarah: 2/183.


He also said:

﴿ وَأَن تَصوموا خَيرٌ لَكُم إِن كُنتُم تَعلَمونَ ﴿١٨٤﴾... سورةالبقرة
"But fasting is better for you, if you only knew."
Reference: . Al-Baqarah: 2/184.


In summary, the Messenger of Allah, peace be upon him, taught man to protect himself from the dangers of desire through these two matters, namely marriage and fasting. Therefore, it is not permissible for a person to put himself in the whirlpool of dangers.

Allah Almighty says:

﴿وَليَستَعفِفِ الَّذينَ لا يَجِدونَ نِكاحًا حَتّىٰ يُغنِيَهُمُ اللَّهُ مِن فَضلِهِ وَالَّذينَ يَبتَغونَ الكِتـٰبَ مِمّا مَلَكَت أَيمـٰنُكُم فَكاتِبوهُم إِن عَلِمتُم فيهِم خَيرًا وَءاتوهُم مِن مالِ اللَّهِ الَّذى ءاتىٰكُم وَلا تُكرِهوا فَتَيـٰتِكُم عَلَى البِغاءِ إِن أَرَدنَ تَحَصُّنًا لِتَبتَغوا عَرَضَ الحَيو‌ٰةِ الدُّنيا وَمَن يُكرِههُنَّ فَإِنَّ اللَّهَ مِن بَعدِ إِكر‌ٰهِهِنَّ غَفورٌ رَحيمٌ ﴿٣٣﴾... سورة النور
"And those who cannot marry should remain chaste until Allah enriches them out of His bounty. And if any of your slaves desire a deed of emancipation, give them such a deed if you know any good in them. And give them from the wealth of Allah which He has given you. And do not compel your female slaves to prostitution if they desire chastity, seeking the temporary interests of worldly life. And if anyone compels them, then indeed, Allah is Forgiving and Merciful after compulsion."
Reference: . An-Nur 24/32,33.


Rules Regarding Sending Marriage Proposals​


The Messenger of Allah (peace be upon him) said:

" إِذَا خَطَبَ أَحَدُكُمْ الْمَرْأَةَ فَإِنْ اسْتَطَاعَ أَنْ يَنْظُرَ إِلَى مَا يَدْعُوهُ إِلَى نِكَاحِهَا فَلْيَفْعَلْ "
"When someone sends a marriage proposal to another, if he can see the (good qualities) by which he is attracted to that woman, then he should proceed with it."
Reference: . Musnad Ahmad: 3/360. Sunan Abi Dawood, Nikah, Chapter: A man looks at a woman, Hadith 2082. The wording is his.


In another hadith it is stated:

"انْظُرْ إِلَيْهَا فَإِنَّهُ أَحْرَى أَنْ يُؤْدَمَ بَيْنَكُمَا"
"Look at her (your prospective wife). It is more likely that this will increase love between you."
Reference: Jami' at-Tirmidhi, Marriage, Chapter on Looking at the Betrothed Woman, Hadith 1087.


From these narrations, it is understood that a man can look at his betrothed, but the manner should be such that the woman is unaware of it and there is no private meeting with her.

Islamic jurists have written that if a person wants to send a marriage proposal to a woman, and it is highly likely that the woman will accept his proposal, then it is permissible for him to look at those parts of her body which are usually uncovered, provided that it is not in private and there is no fear of temptation.

Sayyiduna Jabir رضي الله تعالى عنه narrates:
"(According to the Prophetic instructions) I used to sit in hiding to see her until I saw those qualities in my betrothed that made me desire to marry her, so I married her."
Reference: Sunan Abi Dawood, Nikah, Chapter: A man looks at a woman he intends to marry, Hadith 2082, and Musnad Ahmad 3/334.


From this narration, it is understood that being alone with the betrothed woman is not permissible, and looking should be done in such a way that the woman is unaware. Also, only the part that is generally visible should be seen. This permission is only valid when there is a strong likelihood that the woman will accept his proposal.

If it is not possible or easy to see the woman personally, a trustworthy woman can be sent who will accurately describe the situation in her presence. Similarly, it is narrated that the Prophet صلى الله عليه وسلم sent Hazrat Umm Salim رضي الله تعالى عنها to see a woman.

If an investigation is conducted about a man or woman before marriage, or if someone's opinion or advice is sought regarding them, it is obligatory for that person to mention both the good and bad qualities, and this will not be considered backbiting.

It is forbidden to give a clear marriage proposal to a woman who is observing the waiting period ('iddah'), for example, if someone says: "I want to marry you." Allah Almighty says:

﴿وَلا جُناحَ عَلَيكُم فيما عَرَّضتُم بِهِ مِن خِطبَةِ النِّساءِ...﴿٢٣٥﴾... سورة البقرة
"It is no sin for you that you make a hint or an announcement to women concerning marriage."
Reference: . Al-Baqarah 2/235.


This verse permits allusion or indirect reference (ta'reez) to a woman in 'iddah'. For example, someone might say: "I desire to marry a woman like you," or "When you decide about your future life, remember us."

Giving a clear proposal carries the risk that the woman might declare the end of her 'iddah' prematurely out of desire for marriage and marry before the 'iddah' is completed. This is the opinion of Imam Ibn Qayyim, may Allah have mercy on him.

Sheikh Taqi al-Din, may Allah have mercy on him, says:
"A woman who is observing her waiting period (iddah) can be given a marriage proposal during her iddah either explicitly or by indication, provided that the divorce is of such a type after which remarriage during the iddah is permissible."
Reference: . Al-Fatawa al-Kubra al-Ikhtiyarat al-Ilmiyyah 5/450.


It is forbidden to propose marriage to a Muslim brother's marriage proposal, except if the first person himself gives permission or his intention has ended. The Messenger of Allah, peace and blessings be upon him, said:

"لا يَخْطُبْ الرَّجُل عَلَى خِطْبَةِ أَخِيهِ حَتَّى يَتْرُكَ"
"No man should propose to his Muslim brother's marriage proposal (but rather wait until he marries or abandons the intention of marriage)."
Reference: . Sahih al-Bukhari, Marriage, Chapter: One should not propose to the proposal of his brother until he marries or abandons it, Hadith 5144; Sahih Muslim, Marriage, Chapter: Prohibition of proposing to the proposal of one's brother until he marries or abandons it, Hadith 1414.


The wisdom behind this prohibition is that the message from the second person can cause discord in the matter of the first person, which leads to mutual enmity and injustice. However, if the first person cancels his intention or gives permission to the second, then the second person may send a message to that woman. This respects the Muslim and protects from oppression.

Some people are careless about this ruling and, even knowing that a certain person has already sent a message to a certain woman, they also send messages themselves, which results in injustice and oppression against the Muslim brother. Such a person commits a forbidden act and is sinful before Allah Almighty, and indeed deserves severe punishment in this world as well.

It is necessary for every Muslim to be cautious in such situations and respect the rights of their Muslim brothers, because one Muslim has a great right over another Muslim. Therefore, do not send message upon message, do not make a sale upon a sale, and do not cause any harm to him in any way.

Explanation of the Pillars and Conditions of Nikah​


It is recommended that before the marriage contract, the prescribed sermon (khutbah) be recited, which is known as the "Khutbah of Ibn Mas'ud, may Allah be pleased with him." Its words are:

"ان الحمد لله نحمده ونستعينه ونستغفره ونعوذ بالله من شرور انفسنا ومن سئيات اعمالنا من يهده الله فلا مضل له ومن يضلل فلاهادي له واشهدان لا الهٰ الا الله وحده لاشريك له واشهد ان محمدا عبده ورسوله"

After that, the following verses from the Holy Quran should be recited:

﴿يـٰأَيُّهَا الَّذينَ ءامَنُوا اتَّقُوا اللَّهَ حَقَّ تُقاتِهِ وَلا تَموتُنَّ إِلّا وَأَنتُم مُسلِمونَ ﴿١٠٢﴾... سورة آل عمران

﴿يـٰأَيُّهَا النّاسُ اتَّقوا رَبَّكُمُ الَّذى خَلَقَكُم مِن نَفسٍ و‌ٰحِدَةٍ وَخَلَقَ مِنها زَوجَها وَبَثَّ مِنهُما رِجالًا كَثيرًا وَنِساءً وَاتَّقُوا اللَّهَ الَّذى تَساءَلونَ بِهِ وَالأَرحامَ إِنَّ اللَّهَ كانَ عَلَيكُم رَقيبًا ﴿١﴾... سورةالنساء

﴿يـٰأَيُّهَا الَّذينَ ءامَنُوا اتَّقُوا اللَّهَ وَقولوا قَولًا سَديدًا ﴿٧٠﴾ يُصلِح لَكُم أَعمـٰلَكُم وَيَغفِر لَكُم ذُنوبَكُم وَمَن يُطِعِ اللَّهَ وَرَسولَهُ فَقَد فازَ فَوزًا عَظيمًا ﴿٧١﴾... سورة الاحزاب

There are three essential pillars of the marriage contract:

① Both the husband and wife must be such that there is no Islamic legal impediment in their marriage, for example, the woman should not be prohibited due to lineage, breastfeeding, or waiting period ('iddah), or the man should not be a disbeliever while the woman is a Muslim, or any other Islamic legal barrier should not be present.

② The second pillar is the offer (ijab), meaning the woman's guardian or his representative says to the prospective husband: "I have married such-and-such woman to you," or "I have made her your wife."

③ The third pillar is acceptance (qabul), meaning the husband or his representative says: "I accept," or "I have taken her as my wife."

The opinion of Sheikh al-Islam Ibn Taymiyyah, may Allah have mercy on him, and his student Ibn Qayyim, may Allah have mercy on him, is that marriage is contracted by any word that indicates marriage.
Reference: . Majmoo' al-Fatawa of Sheikh al-Islam Ibn Taymiyyah 20/533-534. Wa'lam al-Muwaqqi'een 1/273.

However, those who restrict it only to the words "nikah" or "tazwīj" do so because these two words appear in the Qur'an, such as Allah's statement:

﴿ فَلَمّا قَضىٰ زَيدٌ مِنها وَطَرًا زَوَّجنـٰكَها...﴿٣٧﴾... سورة الاحزاب
"Then when Zaid had accomplished his desire from her, We married her to you."
Reference: . Al-Ahzab 33/37.


And in another place He said:

﴿وَلا تَنكِحوا ما نَكَحَ ءاباؤُكُم مِنَ النِّساءِ ...﴿٢٢﴾... سورة النساء
"And do not marry women whom your fathers married."
Reference: . An-Nisa 4/22.


But the reality is that it does not necessarily follow that the contract of marriage depends only on these words; rather, marriage is contracted by other words as well.

The acceptance of marriage by a mute person will be by writing or by some comprehensible gesture.

Once offer and acceptance have taken place, the marriage is contracted, even if these words were said in jest, because the Messenger of Allah, peace and blessings be upon him, said:

" ثَلَاثٌ جِدُّهُنَّ جِدٌّ وَهَزْلُهُنَّ جِدٌّ : النِّكَاحُ ، وَالطَّلَاقُ ، وَالرَّجْعَةُ "
"Three things become valid both seriously and jokingly, namely marriage, divorce, and reconciliation."
Reference: . Sunan Abi Dawood, Divorce, Chapter on Divorce in Jest, Hadith 2194 and Jami' at-Tirmidhi, Divorce, Chapter on What Has Been Related About Jest and Divorce, Hadith 1184 and Sunan Ibn Majah, Divorce, Chapter on One Who Divorces, Marries, or Reconciles Without Concern, Hadith 2039.


There are four conditions for the validity of marriage:

① At the time of the contract, both the man and the woman must be specified. It is not sufficient for someone to say: "I have given my daughter in your marriage" when he has several daughters, or to say: "I have married her to your son" when he has several sons. Therefore, it is necessary to specify the one who is being married, whether by indication, by name, or by a distinguishing characteristic.

② Both husband and wife must consent to this marriage. It is not correct to force either of them. It is narrated from Sayyiduna Abu Hurairah, may Allah be pleased with him, that the Prophet, peace be upon him, said:

"لا تُنكحُ الأيِّمُ حتى تُستأمرَ، ولا تُنكحُ البِكرُ حتى تُستأذنَ"
"A man's marriage should not be conducted without his consent, and a virgin's marriage should not be conducted without her permission."
Reference: . Sahih al-Bukhari, Marriage, Chapter: A father should not marry off his daughter or a widow except with their consent, Hadith 5136. Sahih Muslim, Marriage, Chapter: Seeking permission from a widow in marriage..., Hadith 1419.


However, if the child is a minor or mentally incapacitated, then the guardian may marry her off without her permission.

③ A woman’s marriage should be conducted by her guardian, because the Messenger of Allah, peace be upon him, said:

"لاَ نِكاحَ إِلاّ بِوَلِي"
"There is no marriage without a guardian (wali)."
Reference: . Sunan Abi Dawood, Marriage, Chapter on the Guardian, Hadith 2085; Jami` at-Tirmidhi, Marriage, Chapter: No marriage except with a guardian, Hadith 1101; Sunan Ibn Majah, Marriage, Chapter: No marriage except with a guardian, Hadith 1880; and Musnad Ahmad: 1/250.


If a woman marries without a guardian, then her marriage is invalid, because it can lead to fornication, and a woman is generally incapable of finding a better husband for herself. Allah Almighty addressed the guardians saying:

﴿وَأَنكِحُوا الأَيـٰمىٰ مِنكُم ... ﴿٣٢﴾... سورةالنور
"Marry off the unmarried among you."
Reference: . An-Nur: 24/32.


And He said:

﴿فَلا تَعضُلوهُنَّ أَن يَنكِحنَ أَزو‌ٰجَهُنَّ...﴿٢٣٢﴾... سورة البقرة
"So do not prevent them from marrying their husbands."
Reference: . Al-Baqarah: 2/232.


The order of guardians for a woman is as follows: father, the person appointed by the father, grandfather, great-grandfather upwards, son, grandson, full brother, uterine brother or their children, full paternal uncle and his sons, uterine uncle and his sons, then close relatives in the order of inheritance in the agnatic lineage, then freed slave, then ruler or judge.

④ The presence of witnesses is necessary for the marriage contract. It is narrated from Sayyiduna Jabir, may Allah be pleased with him, that the Messenger of Allah, peace and blessings be upon him, said:

"لَا نِكَاحَ إِلَّا بِوَلِيٍّ وَشَاهِدَيْ عَدْلٍ"
"There is no marriage without a guardian and two just witnesses."
Reference: . Sunan al-Darqutni 3/158. Hadith 3492. Mawarid al-Dhaman 4/170. Hadith 1247.


Imam Tirmidhi, may Allah have mercy on him, says:
"The practice of the Companions of the Messenger of Allah, peace and blessings be upon him, was this. Likewise, the view of the great followers (Tabi'in) after them was also that there is no marriage without witnesses. There was no disagreement among the pious predecessors regarding this, but some later scholars have differed on this issue."
Reference: . Jami' al-Tirmidhi, Nikah, chapter: What has been narrated about no marriage except with evidence, under Hadith 1104.


Compatibility of Husband and Wife in Marriage​


The meaning of "Kafu" is "to be equal and the same," and here it means that there should be equality between husband and wife in certain attributes. Jurists have mentioned five attributes:

Religion: A sinful and immoral man cannot be the equal of a chaste and righteous woman, because the testimony and narration of such a person is rejected, and this is a deficiency in the honor of humanity.

Lineage: There is no equality between non-Arab and Arab, therefore a non-Arab person cannot be the equal of an Arab woman.
Reference: The Prophet Muhammad (peace be upon him) said: "Lā faḍla li-‘Arabī ‘alā A‘jamī" — No Arab has superiority over a non-Arab. Musnad Ahmad: 5/411, and Allah Almighty said: "Indeed, the most honored of you in the sight of Allah is the most righteous of you." Therefore, the author's claim is incorrect. (Saarim)


Profession: A person engaged in a low or inferior profession, such as a cobbler or weaver, cannot be equal to a woman from a respectable profession, such as from a merchant family.
Reference: The consideration of Kafa'at is in two things: religion and character; other things are without basis. In Islam, there is no concept or evidence for superiority or inferiority based on such grounds. (Saarim)


Wealth compatibility: Since the dowry and maintenance are the husband's responsibility, a poor and needy man is not a suitable match for a wealthy woman, because his financial hardship can cause distress and harm to the woman.

If there is a difference between the spouses in these five aspects, equality will not be maintained. However, it should be clear that inequality in these matters does not affect the validity of the marriage, because compatibility is not a condition for the validity of marriage.

The Messenger of Allah, peace be upon him, advised Fatimah bint Qais, may Allah be pleased with her:

"انْكِحِي أُسَامَةَ بْنَ زَيْدٍ فَكَرِهْتُهُ "
"Marry Usama bin Zaid, may Allah be pleased with him." She did not like this advice at first.

Then the Prophet, peace be upon him, said again:

"انْكِحِي أُسَامَةَ فَنَكَحْتُهُ "
"Marry Usama." So she married him.
Reference: Sahih al-Bukhari, Divorce, Chapter: The Story of Fatimah bint Qais... Hadith 5321, and Sahih Muslim, Divorce, Chapter: The irrevocably divorced woman is not entitled to maintenance, Hadith 1480, and the wording is his.


Sayyiduna Usama رضي الله تعالى عنه was the son of a freed slave, while Sayyida Fatimah bint Qais رضي الله تعالى عنها was from the Quraysh family. From this, it is understood that equality in these attributes is not a condition for the validity of marriage; however, it is beneficial for maturity, ease, and continuity in marital life.

If a woman is married to a person who is not her equal (kufu), then the woman or her guardian may have the option to annul the marriage. It is mentioned in a hadith that a man married off his daughter to his nephew merely to elevate his status, and the Prophet Muhammad صلى الله عليه وسلم gave the woman the choice to keep or annul the marriage.

According to some scholars, equality (kufu) is a condition for the validity of marriage, and there is also a narration from Imam Ahmad رحمه الله عليه to this effect.

Sheikh Taqi al-Din, may Allah have mercy on him, says:
"The meaning of Imam Ahmad, may Allah have mercy on him, is that when a person knows that there is no equality between the spouses, then the marriage should be annulled and they should be separated. Moreover, it is not appropriate for a guardian to marry off a woman to someone who is not equal (kufu), neither should a man do so nor a woman. Kufu (equality) is not like financial matters, such as the right of dowry, which if the woman and her guardian wish, they can demand or waive, but it is appropriate that equality be considered."
Reference: Al-Fatawa al-Kubra al-Ikhtiyarat al-Ilmiyyah: 5/454,455.


Statement about Mahram Women​


The women with whom marriage is forbidden are of two types:

① Those women with whom marriage is permanently forbidden​


These are fourteen: seven due to lineage and seven due to reasons such as breastfeeding or kinship. All of them are mentioned in Allah Almighty's command:

﴿وَلا تَنكِحوا ما نَكَحَ ءاباؤُكُم مِنَ النِّساءِ إِلّا ما قَد سَلَفَ إِنَّهُ كانَ فـٰحِشَةً وَمَقتًا وَساءَ سَبيلًا ﴿٢٢﴾ حُرِّمَت عَلَيكُم أُمَّهـٰتُكُم وَبَناتُكُم وَأَخَو‌ٰتُكُم وَعَمّـٰتُكُم وَخـٰلـٰتُكُم وَبَناتُ الأَخِ وَبَناتُ الأُختِ وَأُمَّهـٰتُكُمُ الّـٰتى أَرضَعنَكُم وَأَخَو‌ٰتُكُم مِنَ الرَّضـٰعَةِ وَأُمَّهـٰتُ نِسائِكُم وَرَبـٰئِبُكُمُ الّـٰتى فى حُجورِكُم مِن نِسائِكُمُ الّـٰتى دَخَلتُم بِهِنَّ فَإِن لَم تَكونوا دَخَلتُم بِهِنَّ فَلا جُناحَ عَلَيكُم وَحَلـٰئِلُ أَبنائِكُمُ الَّذينَ مِن أَصلـٰبِكُم وَأَن تَجمَعوا بَينَ الأُختَينِ إِلّا ما قَد سَلَفَ إِنَّ اللَّهَ كانَ غَفورًا رَحيمًا ﴿٢٣﴾... سورة النساء
"And do not marry women whom your fathers have married, except what has already passed; indeed, it is immorality and an evil way. (22) Forbidden to you are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, the daughters of your brothers, the daughters of your sisters, your foster mothers who nursed you, your foster sisters, your mothers-in-law, your stepdaughters under your guardianship born of your wives with whom you have consummated marriage, and [also] the wives of your biological sons, and [you are forbidden] from marrying two sisters simultaneously, except what has already passed. Indeed, Allah is Forgiving and Merciful."
Reference: . An-Nisa: 4/22-23.


In light of these verses, the women forbidden due to kinship are:

◈ Mother, grandmother, maternal grandmother
◈ Daughter, granddaughter, great-granddaughter, daughter of granddaughter, etc.
◈ Full sister, uterine sister, consanguineous sister
◈ Paternal aunt and maternal aunt
◈ Niece (brother's daughter), niece's daughter, nephew's daughter
◈ Niece (sister's daughter), nephew's daughter, niece's daughter

② Those women who are forbidden due to a cause​


Mala'na (Cursing): After the act of 'Laan' (mutual cursing), the woman becomes permanently forbidden for the man. Hazrat Suhail bin Saad (RA) said:
"It has always been the practice among those who perform 'Laan' that separation is established between them, and then they can never be together again."
Reference: . Sunan Abi Dawood, Book of Divorce, Chapter on Laan, Hadith 2250.

Ibn Qudamah (RA) said:
"No disagreement on this issue has come to our knowledge."
Reference: . Al-Mughni wal-Sharh al-Kabir: 9/34.


Breastfeeding: Due to breastfeeding, all those women become forbidden who are forbidden due to lineage. Allah Almighty said:

﴿وَأُمَّهـٰتُكُمُ الّـٰتى أَرضَعنَكُم وَأَخَو‌ٰتُكُم مِنَ الرَّضـٰعَةِ...﴿٢٣﴾... سورة النساء
"And your mothers who have suckled you, and your milk-sisters (are forbidden to you)."
Reference: . An-Nisa: 4/23.


And in the Hadith it is mentioned:

" يَحْرُمُ مِنْ الرَّضَاعِ مَا يَحْرُمُ مِنْ النَّسَبِ "
"Those relationships also become forbidden through breastfeeding which are forbidden by blood relation."
Reference: . Sahih al-Bukhari, The Book of Testimonies, Chapter on Testimony Regarding Lineage... Hadith 2645, and Sahih Muslim, The Book of Breastfeeding, Chapter on the Prohibition of the Daughter of the Sister through Breastfeeding, Hadith 1447.


The wives of the father and grandfather:
﴿وَلا تَنكِحوا ما نَكَحَ ءاباؤُكُم مِنَ النِّساءِ ...﴿٢٢﴾... سورةالنساء
"And do not marry those women whom your fathers have married."
Reference: . An-Nisa: 4/22.


The wives of sons, grandsons, and great-grandsons:
﴿وَحَلـٰئِلُ أَبنائِكُمُ الَّذينَ مِن أَصلـٰبِكُم﴾
"And it is forbidden for you to marry the wives of your sons who are from your loins (biological sons)."
Reference: . An-Nisa: 4/23.


The mother, grandmother (paternal and maternal) of the wife: They become forbidden immediately upon marriage.
﴿وَأُمَّهـٰتُ نِسائِكُم﴾
"And the mothers of your wives (are also forbidden for you)."
Reference: . An-Nisa: 4/23.


Wife's daughter, granddaughter, great-granddaughter: Provided that intercourse with the wife has taken place.
﴿وَرَبـٰئِبُكُمُ الّـٰتى فى حُجورِكُم مِن نِسائِكُمُ الّـٰتى دَخَلتُم بِهِنَّ فَإِن لَم تَكونوا دَخَلتُم بِهِنَّ فَلا جُناحَ عَلَيكُم ...﴿٢٣﴾... سورةالنساء
"And [also prohibited to you are] your foster daughters who are in your care, born of your wives to whom you have gone in—but if you have not gone in to them, there is no sin upon you."
Reference: An-Nisa: 4/23. Women who are forbidden due to some reason (such as breastfeeding or kinship). The author has classified the first category as malāʿinah, although this is not mentioned in the verse of prohibition, even though this category is included among the prohibitive kinship relations. Most commentators have counted the seventh category under the types mentioned in the verse of prohibition as "marrying two sisters at the same time." It should be noted that in the hadith, besides these seven categories, an eighth category is also mentioned, which is "it is forbidden to marry an aunt and niece or maternal aunt and nephew at the same time." For details, see: Tafsir Fath al-Qadeer: 1/497, Tafsir al-Qurtubi: 5/70, and Al-Rawdah al-Nadiyyah: 2/183,186.


Women who are temporarily forbidden​


There are two types:

Women who are forbidden due to being married to the same man simultaneously:

① It is forbidden to marry two sisters at the same time:
﴿ وَأَن تَجمَعوا بَينَ الأُختَينِ...﴿٢٣﴾... سورة النساء
"And you are forbidden to marry two sisters simultaneously."
Reference: An-Nisa: 4/23.


Similarly, it is also forbidden to marry a wife and her paternal aunt, maternal aunt, niece, or grandniece at the same time, because the Prophet Muhammad (peace be upon him) said:

"لاَ يُجْمَعُ بَيْنَ الْمَرْأَةِ وَعَمَّتِهَا، وَلاَ بَيْنَ الْمَرْأَةِ وَخَالَتِهَا"
"Do not marry a woman and her paternal aunt or a woman and her maternal aunt at the same time."
Reference: Sahih al-Bukhari, Marriage, Chapter: Do not marry a woman along with her aunt, Hadith 5109, 5110; Sahih Muslim, Marriage, Chapter: Prohibition of marrying a woman and her paternal or maternal aunt simultaneously, Hadith: 1408. However, in Sahih Bukhari the wording is: (لاَ يُجْمَعُ بَيْنَ الْمَرْأَةِ....) and (نَهَى أَنْ تُنْكَحَ المَرْأَةُ .....).


And explaining the wisdom, he said:

"إنكم إذا فعلتم ذلك قطعتم أرحامهن"
"If you do so, you will commit severing of kinship ties."
Reference: Sahih Ibn Hibban (Al-Ihsan): 6/166, Hadith: 4104 and Al-Talkhees Al-Habeer: 3/168 with the same wording, and Al-Kamil by Ibn Adi: 5/262 in the biography of Abdullah bin Al-Husayn Abi Hurayz.


If one is divorced and her waiting period ('iddah) passes, or she passes away, then it is permissible to marry her sister, paternal aunt, or maternal aunt.

② It is forbidden to have more than four wives at one time.
﴿ فَانكِحوا ما طابَ لَكُم مِنَ النِّساءِ مَثنىٰ وَثُلـٰثَ وَرُبـٰعَ ...﴿٣﴾... سورة النساء
"And marry those among you who are single, two or three or four."
Reference: . An-Nisa: 4/3.


In a narration, it is mentioned that a person embraced Islam while he had more than four wives, so the Prophet Muhammad (peace be upon him) ordered him to keep only four and let go of the rest.

Women who are temporarily forbidden for some temporary reason:

① It is forbidden to marry a woman who is in her waiting period (iddah):
﴿وَلا تَعزِموا عُقدَةَ النِّكاحِ حَتّىٰ يَبلُغَ الكِتـٰبُ أَجَلَهُ ...﴿٢٣٥﴾... سورة البقرة
"And do not make a marriage contract until the waiting period is completed."
Reference: . Al-Baqarah 2/235.


② It is forbidden to marry an adulterous woman until she repents and completes her waiting period (iddah):
﴿وَالزّانِيَةُ لا يَنكِحُها إِلّا زانٍ أَو مُشرِكٌ وَحُرِّمَ ذ‌ٰلِكَ عَلَى المُؤمِنينَ ﴿٣﴾... سورةالنور
"And do not marry adulterous women except those who are believers and repenters."
Reference: . An-Nur 24/3.


③ After giving three divorces, the woman is not lawful for the first husband unless she marries another person according to Sharia and he has intercourse with her, then he divorces her:
﴿الطَّلـٰقُ مَرَّتانِ ... ﴿٢٢٩﴾ ... ﴿٢٣٠﴾... سورة البقرة
"These divorces are two times... then if he divorces her (the third time), then she is not lawful for him until the woman marries another besides him..."
Reference: . Al-Baqarah 2:229-230.


④ It is forbidden for both men and women to marry during the state of Ihram:
"لَا يَنْكِحُ اَلْمُحْرِمُ, وَلَا يُنْكِحُ, وَلَا يَخْطُبُ "
"Do not marry nor cause to be married, nor give a marriage proposal during Ihram."
Reference: . Sahih Muslim, An-Nikah, Chapter on the prohibition of marriage during Ihram and dislike of the proposal, Hadith 1409.


⑤ A non-Muslim cannot marry a Muslim woman:
﴿ وَلا تُنكِحُوا المُشرِكينَ حَتّىٰ يُؤمِنوا...﴿٢٢١﴾... سورة البقرة
"And do not marry your women to disbelieving men until they believe."
Reference: . Al-Baqarah 2:221.


⑥ A Muslim should not marry a polytheist woman:
﴿وَلا تَنكِحُوا المُشرِكـٰتِ حَتّىٰ يُؤمِنَّ...﴿٢٢١﴾... سورة البقرة
"And do not marry polytheist women until they believe."
Reference: . Al-Baqarah 2:221.


And He said:

﴿وَلا تُمسِكوا بِعِصَمِ الكَوافِرِ ...﴿١٠﴾... سورة الممتحنة
"And do not keep the chastity of disbelieving women in your possession."
Reference: . Al-Mumtahina 60:10.


However, marriage with a free woman of the Book is permissible:
﴿وَالمُحصَنـٰتُ مِنَ الَّذينَ أوتُوا الكِتـٰبَ مِن قَبلِكُم ...﴿٥﴾... سورة المائدة
"And [lawful in marriage are] chaste women from among the believers and chaste women from those who were given the Scripture before you..."
Reference: . Al-Ma'idah: 5/5.


⑦ For a free Muslim man, marriage to a Muslim slave woman is forbidden, except in cases where there is fear of falling into fornication, he cannot pay the dowry of a free woman, or he does not have the means to free the slave woman. Allah Almighty said:

﴿وَمَن لَم يَستَطِع مِنكُم طَولًا أَن يَنكِحَ المُحصَنـٰتِ المُؤمِنـٰتِ فَمِن ما مَلَكَت أَيمـٰنُكُم ... ﴿٢٥﴾... سورة النساء
"And whoever among you cannot [find] the means to marry free, believing women, then [he may marry] from those whom your right hands possess..."
Reference: . An-Nisa: 4/25.


⑧ It is forbidden for a slave to marry his own mistress, and there is consensus among scholars on this.

⑨ It is also forbidden for a master to make his slave woman his wife, because the contract of ownership is stronger than the contract of marriage.

⑩ If intercourse is forbidden with a woman through marriage, then intercourse with her as a slave woman is also forbidden, for example, a woman in her waiting period (iddah), a woman in the state of ihram, an adulteress, or a woman who has been given three divorces.

Imposing Conditions in Marriage​


Conditions of marriage refer to those conditions which one of the spouses imposes on the other for their own benefit at the time of marriage, or both agree upon them beforehand. These are of two types: valid and invalid.

Valid Conditions​


① If the new wife conditions that her co-wife be divorced, then according to most scholars this condition is valid, while according to some it is invalid. The latter opinion seems more correct because the hadith states:

"ولا تسأل المرأة طلاق أختها لتكفأ ما في إنائها"
"The Prophet Muhammad (peace be upon him) forbade a woman from imposing the condition to divorce her (co-wife) sister so that her vessel (place) becomes empty."
Reference: . Sahih al-Bukhari, Al-Buyu', Chapter: No selling on the sale of a sister... Hadith 2140.


② If a woman conditions that her husband will not marry another woman or keep a slave girl while she is alive, otherwise she will have the option to annul the marriage, then this condition is valid because the hadith states:

"أَحَقُّ الشُّرُوطِ أَنْ تُوفُوا بِهِ مَا اسْتَحْلَلْتُمْ بِهِ الْفُرُوجَ"
"The conditions are more deserving to be fulfilled by which you have made your private parts lawful for yourselves."
Reference: . Sahih al-Bukhari, Al-Shurut, Chapter: Conditions in the dowry at the time of marriage contract, Hadith 2721.


③ If a woman stipulates that her husband will not take her outside her home or city, this condition is valid. However, taking her with her consent is permissible.

④ If a woman stipulates that her husband will not create separation between her and her children or parents, this condition is also valid. In case of violation, the woman has the option to annul the marriage.

⑤ If a woman demands more dower or specifies the dower in a particular currency, this condition is valid, and the husband is obliged to fulfill it. If he does not fulfill it, the woman has the option to annul the marriage.

Once, Sayyiduna Umar bin Khattab (may Allah be pleased with him) ruled that the husband must fulfill the conditions stipulated by the woman at the time of marriage. When a man said, "Then women will leave us," he replied, "When conditions are imposed, rights are terminated."
Reference: . Dhakra al-Bukhari, commentary: 5/396.

And the Messenger of Allah (peace and blessings be upon him) said:

"المُسْلِمُونَ عَلَى شُرُوطِهِمْ"
"Muslims are bound by mutual conditions."
Reference: . Jami' al-Tirmidhi, Al-Ahkam, chapter: What the Messenger of Allah (peace be upon him) mentioned about reconciliation among people, Hadith: 1352.


Allama Ibn Qayyim, may Allah have mercy on him, says:
"It is obligatory to fulfill the correct and permissible conditions imposed in marriage. This is demanded by Shariah, reason, and sound analogy. Also, the woman should be given the conditions without which she is not willing to entrust her chastity to her husband. If these are not fulfilled, then the marriage contract is not according to the woman's consent, but something is imposed on her which neither she herself imposed nor Allah and His Messenger ﷺ imposed upon her."
Reference: A'lam al-Muwaqqi'een: 3/295.


Invalid Conditions​


There are two types of invalid conditions:

① Those invalid conditions which make the marriage void​


Nikah Shighar:
That is, a person marries off his sister or daughter on the condition that the other person also gives his sister or daughter in marriage to him, and there is no dowry between them. There is consensus among scholars on the prohibition of this marriage, and such a marriage is void.

It is narrated from Sayyiduna Ibn Umar, may Allah be pleased with him:

"عن ابنِ عمرَ رَضِيَ اللَّهُ عنهُمَا، ((أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: نَهَى عَن الشِّغَارِ))وَالشِّغَارُ: أَنْ يُزَوِّجَ الرَّجُلُ ابْنَتَهُ عَلَى أَنْ يُزَوِّجَهُ الآخَرُ ابْنَتَهُ، وَلَيْسَ بَيْنَهُما صَدَاقٌ"
"The Messenger of Allah, peace be upon him, forbade Nikah al-Shighar." (The narrator says) Nikah al-Shighar is when a person marries his daughter to someone on the condition that he will also marry his daughter to him, and neither woman has a right to a dowry."
Reference: Sahih al-Bukhari, Nikah, Chapter of Shighar, Hadith: 5112, and Sahih Muslim, Nikah, Chapter on the Prohibition of Nikah..., Hadith: 1415.


Sheikh Taqi al-Din, may Allah have mercy on him, explained the wisdom behind this prohibition in detail, stating that it is obligatory for the guardian to prioritize the welfare of the woman in her marriage, not his own interest. The dowry is the right of the woman, not the guardian. If the guardian exchanges one woman for another for his own interest, he neglects the welfare of the woman, and thus his guardianship right is almost nullified.
However, if each woman has a separate dowry set, there is no trickery, and both women are consenting, then the marriage is valid.

Nikah Halala:
If a person marries a woman on the condition that after intimacy he will make her lawful for her previous husband, or even if there is no explicit condition but this is the intention, then this marriage is invalid. The Messenger of Allah ﷺ said:

"أَلَا أُخْبِرُكُمْ بِالتَّيْسِ الْمُسْتَعَارِ ؟ قَالُوا : بَلَى ، يَا رَسُولَ اللَّهِ . قَالَ : هُوَ الْمُحَلِّلُ ، لَعَنَ اللَّهُ الْمُحَلِّلَ ، وَالْمُحَلَّلَ لَهُ"
"Shall I not inform you about the castrated bull?" The Companions, may Allah be pleased with them all, said: Certainly inform us. He ﷺ said: It is the man who performs Halala. Allah has cursed the one who performs Halala and the one for whom Halala is performed."
Reference: . Sunan Ibn Majah, Nikah, Chapter on the One Who Makes Halala and the One for Whom Halala is Made, Hadith 1936; Al-Mustadrak al-Hakim: 2/198,199, Hadith: 2804.


Contract with a Future Condition:
For example, if someone says: "I will marry this woman to you when the month begins" or "when her mother agrees." Such a marriage does not take place because Nikah is a contract of exchange, and it is not correct to suspend it on a future condition.

Similarly, fixing a duration for the marriage is also invalid, for example, marrying for one night, one month, or one year; this is the same as Mut'ah marriage.

Sheikh Taqi al-Din, may Allah have mercy on him, says:
"Famous and mutawatir narrations agree that after Allah made mut'ah permissible, He permanently declared it forbidden."
Reference: . Minhaj al-Sunnah al-Nabawiyyah: 2/156.


Imam Qurtubi, may Allah have mercy on him, says:
"All narrations agree that the period of permissibility of mut'ah was not long, then it was declared forbidden. The prohibition is agreed upon by the Salaf and Khalaf scholars, except for the Rafidah who are not counted among them."
Reference: . Fath al-Bari: 9/173.


② The invalid conditions that do not invalidate the marriage​


① If a condition is made in the marriage to remove any right of the woman, for example, there will be no dowry, or no maintenance will be given, or she will be given fewer rights than a wife, then the condition will be invalid, but the marriage will be valid.

② If the condition is that the woman must be Muslim, but later it is found that she is a People of the Book woman, then the marriage is valid, but the husband will have the option to annul it.

③ If the husband made a condition that the woman must be a virgin, beautiful, or from a noble family, and later it is found otherwise, then he will have the option to annul the marriage.

④ If a man marries a woman thinking she is free, and later it is found that she is a slave, then if marriage to a slave is not permissible for him, a distinction will be made between them; otherwise, he will have the option to annul the marriage.

⑤ If a woman considers a man free and later he is found to be a slave, then the woman will have the option to annul the marriage.

If a slave wife is granted freedom, she has the option to remain married to the slave husband or to separate, as is proven by the incident of Barirah, may Allah be pleased with her.

Description of Defects in Marriage​


There are certain defects in marriage that give rise to the option of annulment. Some of these are:

① If the husband is impotent or has a severed organ and is unable to perform intercourse, the woman will have the option to annul the marriage. If the husband admits this himself, he should be given a one-year period for treatment; if he still remains unable to perform intercourse, the woman will have the option.

② If a woman has a defect that prevents intercourse, such as the vaginal opening being closed and its treatment is not possible, then the man will have the option to annul the marriage.

③ If either spouse has a defect that can occur in both, such as hemorrhoids, insanity, leprosy, baldness, or bad breath, then each will have the option to annul the marriage, because these defects cause aversion.

Allama Ibn Qayyim (may Allah have mercy on him) says:
"Any defect that causes aversion in either spouse, and the intended purpose of marriage is not being fulfilled because of it, then the option to maintain or annul the marriage necessarily becomes available. This option is stronger than the option to maintain or annul a sale."
Reference: Sabil al-Salam: 3/1353, under Hadith: 948.


④ If a defect appears after the marriage, then the other party will have the option to annul the marriage.

This option will only be available if the other party does not consent to the defect. If consent is given despite knowing the defect, then the option to annul will no longer remain.

◈ The decision to annul a marriage will be made by the judge, because it requires consideration and ijtihad.
◈ If the marriage is annulled before consummation, the woman will not receive any part of the dowry.
◈ If the annulment occurs after consummation, the woman will receive the full dowry.
◈ It is not permissible for a minor girl, a mentally ill woman, or a slave girl to marry a person who has a defect that could lead to the annulment of the marriage.
◈ If an elderly sane woman consents to marry an impotent man, her guardian should not prevent her, because intercourse is the woman's right.
◈ But if the woman consents to marry a lunatic, leper, or someone with elephantiasis, the guardian should prevent her, because there is a risk of harm to both offspring and family.

Explanation of the marriage of disbelievers​


By disbelievers is meant the People of the Book, Magians, idolaters, and other non-Muslim nations. Here, the discussion is about the marriage that will be considered valid if they become Muslim, or what the ruling will be on their marriage if they come to a Muslim judge while still in a state of disbelief.

The ruling on the marriage of disbelievers regarding validity, occurrence of divorce, Zihar, Ilaa, obligation of maintenance, and distribution of turns is the same as that of Muslims' marriage.

The women whom Muslims are forbidden to marry are also forbidden for disbelievers. The evidence for the validity of the marriage between a disbeliever husband and wife is found in the Qur'an, such as:

﴿وَامرَأَتُهُ حَمّالَةَ الحَطَبِ ﴿٤﴾... سورة اللهب
"And [his wife] who carries wood."
Reference: Al-Lahab: 111/4.


And:

"امْرَأَتُ فِرْعَوْنَ"
"Pharaoh's wife"
Reference: At-Tahrim 66/11.


In these verses, the woman is attributed to her disbeliever husband, and this attribution indicates the validity of the marital relationship.

Sheikh al-Islam Ibn Taymiyyah, may Allah have mercy on him, says:
"The correct view is that the marriages of disbelievers which are forbidden in Islam are absolutely forbidden. Those who do this, if they do not accept Islam, will be punished in the Hereafter for this sin as well, and if they become Muslims, their sin will be forgiven because they did not have the belief that marrying those women was forbidden. As for whether the marriage is valid or invalid, the correct view is that it is valid in one respect and invalid in another..."
Reference: . Al-Fatawa al-Kubra al-Ikhtiyarat al-Ilmiyyah: 5/466.


Some important rulings regarding the marriages of disbelievers are:

① If they consider this marriage permissible according to their religion, they may continue with it; otherwise, they may not.

② If they do not bring such invalid marriage cases to our court, we will not interfere with them, but if they do bring them, we will decide according to the Shariah revealed by Allah, because Allah Almighty has said:

﴿وَأَنِ احكُم بَينَهُم بِما أَنزَلَ اللَّهُ ...﴿٤٩﴾... سورة المائدة
"Judge between them by what Allah has revealed."
Reference: . Al-Ma'idah: 5/49.


③ If they come to us before the marriage, we will conduct their marriage according to Islam, that is, with offer and acceptance, a guardian, and two Muslim witnesses.
﴿ وَإِن حَكَمتَ فَاحكُم بَينَهُم بِالقِسطِ ...﴿٤٢﴾... سورة المائدة
"And if you judge, then judge with justice."
Reference: . Al-Ma'idah: 5/42.


④ If they come to us after the marriage, we will not interfere with the conditions of the marriage.

⑤ If both husband and wife become Muslim after a marriage in a state of disbelief, we will not interfere with the conditions and terms of their marriage; however, at the time of accepting Islam or bringing the case, we will check if there is any Islamic impediment.

⑥ If at that time the marriage was permissible for the woman, the marriage will remain valid; otherwise, they will be separated.

⑦ If there was something stipulated in the dowry that is legally permissible, the woman will take it, and if the dowry was something forbidden, such as alcohol or pork, then if the woman has taken it, she will not receive anything further, and if she has not taken it, she will be given an equivalent dowry.

⑧ If both converted to Islam at the same time, their previous marriage will remain valid.

⑨ If the man from the People of the Book became Muslim but the wife remained from the People of the Book, the marriage will still remain valid, because marriage to a woman from the People of the Book is permissible for a Muslim man.

⑩ If the non-Muslim woman converted to Islam before consummation, the marriage will become invalid:
﴿فَلا تَرجِعوهُنَّ إِلَى الكُفّارِ لا هُنَّ حِلٌّ لَهُم وَلا هُم يَحِلّونَ لَهُنَّ...﴿١٠﴾... سورة الممتحنة
"So do not return them to the disbelievers; they are not lawful for them, nor are they lawful for them."
Reference: . Al-Mumtahina 60/10.


⑪ If the husband became Muslim before consummation and the woman remained non-People of the Book, the marriage will become invalid:
﴿وَلا تُمسِكوا بِعِصَمِ الكَوافِرِ ...﴿١٠﴾... سورة الممتحنة
"And do not keep the disbelieving women as guardians over your wives."
Reference: . Al-Mumtahina 60/10.


⑫ If after consummation only one party became Muslim, the matter will be suspended until the completion of the waiting period ('iddah). If the other also accepts Islam, the marriage remains valid; otherwise, it will be considered annulled.

⑬ If someone has more than four wives at the time of accepting Islam, and all of them become Muslims or are People of the Book, then he should choose four and leave the rest. Regarding Qais bin Harith, may Allah be pleased with him, it is narrated that the Prophet Muhammad (peace be upon him) said:

" اخْتَرْ مِنْهُنَّ أَرْبَعًا "
"Choose four wives from among them"
Reference: . Sunan Abi Dawood, Divorce, Chapter on One Who Embraces Islam and Has Wives... Hadith: 2241.


Statement on Mahr​


Mahr is the compensation that the husband gives to the wife at the time of marriage or afterwards. Mahr is obligatory, and its evidence is from the Quran, Sunnah, and consensus. Allah Almighty says:

﴿وَءاتُوا النِّساءَ صَدُقـٰتِهِنَّ نِحلَةً فَإِن طِبنَ لَكُم عَن شَىءٍ مِنهُ نَفسًا فَكُلوهُ هَنيـًٔا مَريـًٔا ﴿٤﴾... سورة النساء
"And give the women their mahr willingly. But if they give up willingly to you anything of it, then take it in satisfaction and ease."
Reference: . An-Nisa: 4/4.


In no marriage of the Prophet Muhammad (peace be upon him) was the mahr omitted, and he (peace be upon him) said to a companion:

"التمس ولو خاتما من حديد"
"Arrange something for the mahr, even if it is an iron ring."
Reference: . Sahih al-Bukhari, Marriage, Chapter: A Woman Offering Herself to a Righteous Man, Hadith: 5121.


There is a consensus among scholars on the legitimacy of the dowry.

① There is no fixed minimum or maximum limit for dowry in Shariah. Anything that can be given as a price or wage can be made the dowry, whether it is less or more. However, according to the Sunnah of the Messenger of Allah ﷺ, it is better for the dowry to be moderate, and it was approximately close to four hundred dirhams.
Reference: Four hundred dirhams weigh one hundred five tolas of silver. Calculate its price according to the market rate. (Saarim)


Shaykh al-Islam Ibn Taymiyyah, may Allah have mercy on him, says:
"If a person has the ability to give a large amount as dowry, giving more dowry is not disliked except if a person does so out of pride and boasting. And if he is poor and needy, setting a high dowry is not only disliked but also forbidden..."
Reference: Al-Fatawa al-Kubra al-Ikhtiyarat al-Ilmiyyah, Chapter on Dowry: 5/468.


So, in summary, having a large dowry is not absolutely disliked, but if it involves pride, extravagance, or an unbearable burden on the husband, then it is undesirable and in some cases forbidden.

② Nowadays, people set a heavy dowry without considering the poverty and financial hardship of the one getting married, and along with it, they add more burdens such as expensive clothes, heavy jewelry, costly food, and wasteful expenses. All these are obstacles in the way of marriage and bad imitations of others. It is necessary to oppose this and make marriage easy.

It is narrated from Sayyida Aisha (may Allah be pleased with her) that the Messenger of Allah (peace be upon him) said:

" أَعْظَمُ النِّسَاءِ بَرَكَةً أَيْسَرُهُنَّ مَئُونَةً "
"Those women are a source of great blessing whose marriage and maintenance expenses are low."
Reference: Musnad Ahmad: 6/145, Al-Sunan Al-Kubra by Al-Bayhaqi 7/235, Al-Mustadrak by Al-Hakim 2/195, Hadith 2732.


Sayyiduna Umar ibn Al-Khattab (may Allah be pleased with him) said:

"قَالَ قَالَ عُمَرُ بْنُ الْخَطَّابِ أَلاَ لاَ تَغْلُوا صُدُقَ النِّسَاءِ ..."
"Beware! Do not exaggerate in the dowry of women..."
Reference: Sunan Abi Dawood, Nikah, Chapter on Dowry, Hadith 2106; Jami` at-Tirmidhi, Nikah, Chapter on What Has Been Related About Women's Dowries, Hadith 1114; Sunan An-Nasa'i, Nikah, Chapter on Fairness in Dowries, Hadith 3351, and the wording is his.


From this narration, it is understood that an excessive dowry sometimes causes enmity in the husband's heart towards his wife. That is why a woman with an easy dowry is considered more blessed.

③ The wisdom behind the legitimacy of the dowry (Mahr) is that it is both compensation for the husband's enjoyment of the wife and an expression of her honor and respect.

④ It is recommended to mention and specify the dowry at the time of marriage so that there is no dispute later.

⑤ The dowry can also be fixed after the marriage. Allah Almighty says:

﴿لا جُناحَ عَلَيكُم إِن طَلَّقتُمُ النِّساءَ ما لَم تَمَسّوهُنَّ أَو تَفرِضوا لَهُنَّ فَريضَةً...﴿٢٣٦﴾... سورة البقرة
"If you divorce women before touching them and before assigning a dowry, then there is no sin upon you."
Reference: Al-Baqarah: 2/236.


⑥ Anything that can be a price in a sale or a wage in a lease can also be a dowry, whether it is a specified item, a promised thing, or a specified service or work.

Important Issues Related to Dowry​


① The owner of the dowry is the woman herself, not her guardian, except that the woman willingly gives some or all of the dowry to someone.
﴿وَءاتُوا النِّساءَ صَدُقـٰتِهِنَّ نِحلَةً...﴿٤﴾... سورة النساء
"And give the women their dowries willingly."
Reference: An-Nisa 4/4.


However, the father can take it without the woman's permission under certain conditions, because the Messenger of Allah, peace be upon him, said:

"أنت ومالك لأبيك"
"And you and your wealth belong to your father."
Reference: Sunan Ibn Majah, Transactions, Chapter: What does a man have from the wealth of his son? Hadith: 2291.


② The dowry begins to become the woman's property immediately upon the marriage contract, but it is fully established after consummation, seclusion, or death.

③ If the husband divorces before consummation and seclusion, and the dowry has been fixed, then half the dowry must be given:
﴿وَإِن طَلَّقتُموهُنَّ مِن قَبلِ أَن تَمَسّوهُنَّ وَقَد فَرَضتُم لَهُنَّ فَريضَةً فَنِصفُ ما فَرَضتُم ...﴿٢٣٧﴾... سورة البقرة
"And if you divorce women before you have touched them and you have already specified for them an obligation, then give half of what you specified."
Reference: Al-Baqarah: 2/237.


And He said:

﴿إِلّا أَن يَعفونَ أَو يَعفُوَا۟ الَّذى بِيَدِهِ عُقدَةُ النِّكاحِ...﴿٢٣٧﴾... سورة البقرة
"It is another matter if they remit it themselves or the one in whose hand is the marriage contract remits it."
Reference: Al-Baqarah: 2/237.


Also He said:

﴿وَأَن تَعفوا أَقرَبُ لِلتَّقوىٰ وَلا تَنسَوُا الفَضلَ بَينَكُم... ﴿٢٣٧﴾... سورة البقرة
"Your remission is closer to righteousness, and do not forget kindness between yourselves."
Reference: Al-Baqarah: 2/237.


④ Whatever is received due to the marriage, such as clothing for the father or brother, etc., will also be included in the dowry.

⑤ If the dowry includes usurped property or something forbidden, the marriage will still be valid, but the man will be obligated to pay the woman an equivalent dowry.

⑥ If no dowry is specified at the time of marriage, the marriage is valid, and this is called Tafweez. In this case, an equivalent dowry will be set.
﴿لا جُناحَ عَلَيكُم إِن طَلَّقتُمُ النِّساءَ ما لَم تَمَسّوهُنَّ أَو تَفرِضوا لَهُنَّ فَريضَةً...﴿٢٣٦﴾... سورة البقرة
"If you divorce women before touching them and before specifying a dowry, there is no sin upon you."
Reference: . Al-Baqarah: 2/236.


In the narration of Hazrat Abdullah bin Masood (may Allah be pleased with him), in such a marriage, if the husband dies before consummation, the woman will receive an equivalent dowry, observe the waiting period ('iddah), and inherit. This ruling was also established in the case of Baroo' bint Washiq (may Allah be pleased with her).
Reference: . Sunan Abi Dawood, Nikah, chapter on "Whoever marries and does not specify a dowry until he dies," Hadith 2114, and Jami' at-Tirmidhi, Nikah, chapter on "What has been narrated about a man marrying a woman and dying before specifying a dowry," Hadith 1145, and the wording is his.


⑦ If the husband divorces the wife before consummation and no dower (mahr) was fixed, then he should give the woman some gift according to his ability:
﴿لا جُناحَ عَلَيكُم إِن طَلَّقتُمُ النِّساءَ ما لَم تَمَسّوهُنَّ أَو تَفرِضوا لَهُنَّ فَريضَةً وَمَتِّعوهُنَّ ...﴿٢٣٦﴾... سورة البقرة
"If you divorce women before touching them and before fixing a dower, there is no sin upon you; but give them some benefit..."
Reference: Al-Baqarah: 2/236.


⑧ If privacy or consummation has occurred, then the full dower of the same kind (mahr-e-mithl) is obligatory for the woman. Imam Ahmad, may Allah have mercy on him, narrated the decision of the Rightly Guided Caliphs as follows:

"مَنْ أَغْلَقَ بَاباً وَأَرْخَى سِتْرَاً عَلَى الْمَرْأَة فَقَدْ وَجَبَ لَهَا الصَّدَاقُ "
"He who closes the door and hangs the curtain, the dower becomes obligatory upon him."
Reference: Sunan Dar Qutni: 3/121, Hadith 3778, 3779 and Al-Musannaf Ibn Abi Shaybah: 3/512 and Al-Mughni: 8/63.


⑨ The woman has the right not to allow the husband to come near her before the payment of the prompt dower (mahr mu'jjal). But if the entire dower is deferred (mahr mu'akhkhar) or she has already permitted privacy once, then this right no longer remains.

Explanation of Walimah​


The literal meaning of Walimah is the completion and gathering of something. The meal served on the occasion of marriage is called Walimah because it completes the gathering of the man and woman.

In the terminology of jurists and linguists, the meal provided by the man on the occasion of marriage is called Walimah. Other meals have different names according to their relevance.

Scholars agree that Walimah is Sunnah, while some scholars consider it obligatory because the Prophet ﷺ commanded it and emphasized accepting its invitation.

When Sayyidna Abdul Rahman bin Awf رضي الله عنه announced his marriage, the Prophet ﷺ said:

"أولم ولو بشاة"
"Hold a Walimah even if it is with a single goat."
Reference: Sahih al-Bukhari, Al-Buyu’ chapter regarding the saying of Allah Almighty (So when the prayer is ended, disperse...) (Al-Jumu’ah 62/10,11), Hadith: 2049, and Sahih Muslim, An-Nikah chapter on dowry and permissibility of not teaching the Quran..., Hadith: 1427.


The Prophet ﷺ himself held Walimah on the marriages of the Mothers of the Believers, Hazrat Zainab, Safiyyah, and Maymunah رضي الله عنهن.

① There is flexibility in the timing of Walimah. It can begin from the marriage contract and end when the wedding is fully completed.

② According to some jurists, the walimah should not be less than one goat, but the correct view is that it depends on one's capacity. The Messenger of Allah ﷺ held a walimah with dates (hees) on the marriage of Sayyida Safiyyah رضي الله تعالى عنها, which is prepared from flour, ghee, and cheese, etc.
Reference: Sahih al-Bukhari, Prayer, Chapter: What is mentioned about the thigh? Hadith: 371.
From this, it is understood that walimah is permissible even without meat.

③ Extravagance in walimah is forbidden and impermissible, as is common nowadays in many places where goats and camels are slaughtered, countless dishes are prepared, and then wasted. This is against Shariah, against reason, and a disregard for blessings.

In these celebrations, pride and boasting, display of wealth, immoral acts, mixing of men and women, immodesty, music, photography, filmmaking, and unnecessary spending have become common. All these are causes of trials, corruption, and religious and social deterioration. Such people should fear Allah Almighty.

Allah Almighty says:

﴿وَكَم أَهلَكنا مِن قَريَةٍ بَطِرَت مَعيشَتَها ...﴿٥٨﴾... سورة القصص
"And We destroyed many of the towns that were indulging in luxury."
Reference: . Al-Qasas 28/58.


And He said:

﴿وَكُلوا وَاشرَبوا وَلا تُسرِفوا إِنَّهُ لا يُحِبُّ المُسرِفينَ ﴿٣١﴾... سورة الاعراف
"And eat and drink but do not exceed the limits. Indeed, He does not like those who exceed the limits."
Reference: . Al-A'raf 7/31.


And He said:

﴿كُلوا وَاشرَبوا مِن رِزقِ اللَّهِ وَلا تَعثَوا فِى الأَرضِ مُفسِدينَ ﴿٦٠﴾... سورة البقرة
"(And We said) Eat of the provision of Allah and do not commit abuse on the earth, spreading corruption."
Reference: . Al-Baqarah 2/60.


④ The person who is invited to the Walimah should accept it, provided the following conditions are met:

◈ It should be the Walimah of the first day, because in the hadith it is stated:

"الْوَلِيمَةُ أَوَّلَ يَوْمٍ حَقٌّ وَالثَّانِيَ مَعْرُوفٌ وَالْيَوْمَ الثَّالِثَ سُمْعَةٌ وَرِيَاءٌ"
"The Walimah of the first day is necessary, the second day is good, and the third day is for showing off and ostentation."
Reference: . (Weak) Sunan Ibn Majah, Nikah, Chapter on Accepting the Invitation, Hadith 1915, and Sunan Abi Dawood, Al-At'imah, Chapter on How Much Walimah is Recommended? Hadith 3745, and the wording is his.


◈ The inviter should be a Muslim.
◈ He should not be openly sinful or involved in major sins that would require boycotting him.
◈ The invitation should be private, not publicly announced.
◈ No un-Islamic activities should take place at the event, such as alcohol, obscene songs, musical instruments, etc.

When these conditions are present, accepting the Walimah invitation is obligatory, because the Messenger of Allah, peace be upon him, said:

"شَرُّ الطَّعَامِ طَعَامُ الْوَلِيمَةِ, يُمْنَعُهَا مَنْ يَأْتِيهَا, وَيُدْعَى إِلَيْهَا مَنْ يَأْبَاهَا, وَمَنْ لَمْ يُجِبْ الدَّعْوَةَ, فَقَدْ عَصَى اللَّهَ وَرَسُولَهُ"
"The worst food is the food of a Walimah from which people are prevented from coming, and the young people are invited. Whoever does not accept the Walimah invitation has disobeyed Allah and His Messenger, peace be upon him."
Reference: . Sahih Muslim, Nikah, Chapter on the Obligation of Accepting the Invitation, Hadith (110). 1432.


⑤ Announcing the marriage is Sunnah. The Messenger of Allah, peace be upon him, said:

"أَعْلِنُوا النِّكَاحَ "
"Announce this marriage."
Reference: . (Weak) Sunan Ibn Majah, Nikah, Chapter on Announcing the Marriage, Hadith: 1895.


⑥ It is permissible for women to play the daf (tambourine) at the marriage ceremony, because the Prophet, peace be upon him, said:

"فَصْلُ مَا بَيْنَ الْحَرَامِ والْحَلاَلِ الدّفّ والصّوْتُ"
"The distinction between lawful and unlawful marriage is by playing the daf and with the voice."
Reference: . Jami` at-Tirmidhi, Nikah, Chapter on What Has Been Related About Announcing the Marriage, Hadith 1088; Sunan an-Nasa'i, Nikah, Chapter on Announcing the Marriage with Voice and Beating the Daf, Hadith: 3371 and the wording is his; and Musnad Ahmad 3/418. That is, secret unlawful marriages do not include songs and the sound of the daf.


Explanation of Behavior Towards Women​


Treatment of women means the love, affection, interaction, and good conduct that are very necessary between spouses. Both husband and wife are obliged to willingly fulfill each other's rights, not cause each other pain, and not show off favors.

Allah Almighty says:

﴿ وَعاشِروهُنَّ بِالمَعروفِ ...﴿١٩﴾... سورة النساء
"Live with them in kindness."
Reference: . An-Nisa: 4/19.


And He said:

﴿وَلَهُنَّ مِثلُ الَّذى عَلَيهِنَّ بِالمَعروفِ ...﴿٢٢٨﴾... سورة البقرة
"And they (women) have rights similar to those (men) have over them."
Reference: . Al-Baqarah: 2/228.


The Messenger of Allah (peace be upon him) said:

"خَيْرُكُمْ خَيْرُكُمْ لِأَهْلِهِ"
"The best among you is the one who is best to his family and children."
Reference: Sunan Ibn Majah, Marriage, Chapter on Good Treatment of Women, Hadith: 1977


And he said:

"لَوْ كُنْتُ آمِرًا أَحَدًا أَنْ يَسْجُدَ لِغَيْرِ اللَّهِ ، لَأَمَرْتُ الْمَرْأَةَ أَنْ تَسْجُدَ لِزَوْجِهَا "
"If I were to command anyone to prostrate to anyone, I would have commanded a woman to prostrate to her husband."
Reference: Sunan Abi Dawood, Marriage, Chapter on the Rights of the Husband over the Wife, Hadith 2140 and Jami` at-Tirmidhi, Breastfeeding, Chapter on the Rights of the Husband over the Wife, Hadith 1159.
"Because he has a great right over the woman."
Reference: Al-Sunan al-Kubra by An-Nasa'i, Ten Women, Chapter on the Right of the Man over the Woman, Hadith: 9147.


In another narration it is mentioned:

"إذا باتت المرأة هاجرة فراش زوجها لعنتها الملائكة حتى تصبح"
"If a woman spends the night away from her husband's bed (in a state of displeasure), the angels curse her until morning."
Reference: Sahih al-Bukhari, Nikah, Chapter: If a woman spends the night away from her husband's bed, Hadith 5194. And Sahih Muslim, Nikah, Chapter: The prohibition of her withholding from her husband's bed, Hadith 1436, and the wording is his.


Mutual Rights of Spouses and Etiquettes of Good Conduct​


① It is obligatory upon both husband and wife to treat each other with kindness, gentleness, and patience. If one side causes pain, the other should be patient. Allah Almighty has said:

﴿ وَبِالو‌ٰلِدَينِ إِحسـٰنًا وَبِذِى القُربىٰ وَاليَتـٰمىٰ وَالمَسـٰكينِ وَالجارِ ذِى القُربىٰ وَالجارِ الجُنُبِ وَالصّاحِبِ بِالجَنبِ ...﴿٣٦﴾... سورة النساء
"And be good to parents and to relatives, orphans, the needy, the near neighbor, the neighbor farther away, the companion at your side..."
Reference: An-Nisa: 4/36.


It is said that here (وَالصَّاحِبِ بِالْجَنبِ) refers to each of the spouses. And the Prophet Muhammad (peace be upon him) said:

"اسْتَوْصُوا بِالنِّسَاءِ خَيْرًا، فَإِنَّهُنَّ عِنْدَكُمْ عَوَانٍ"
"I advise you to be good to women, for they are your helpers."
Reference: Jami` at-Tirmidhi, Ar-Rida` chapter, What has been mentioned about the rights of a woman over her husband, Hadith 1163, and Sunan Ibn Majah, Nikah chapter, The right of a woman over her husband, Hadith 1851, and the wording is his.


② The husband should try to live with and maintain his wife even if there is something undesirable in her. Allah Almighty says:

﴿ وَعاشِروهُنَّ بِالمَعروفِ فَإِن كَرِهتُموهُنَّ فَعَسىٰ أَن تَكرَهوا شَيـًٔا وَيَجعَلَ اللَّهُ فيهِ خَيرًا كَثيرًا ﴿١٩﴾... سورة النساء
"And live with them in kindness. For if you dislike them, perhaps you dislike a thing and Allah makes therein much good."
Reference: . An-Nisa: 4/19.


Sayyiduna Ibn Abbas (may Allah be pleased with him) said that perhaps Allah grants through that woman offspring who are a source of great good and tranquility.
Reference: . Tafsir Ibn Kathir 1/639, An-Nisa 4/19.


And in an authentic hadith it is stated:

"لا يَفْرَكْ مُؤْمِنٌ مُؤْمِنَةً إِنْ كَرِهَ مِنْهَا خُلُقًا رَضِيَ مِنْهَا آخَرَ أَوْ قَالَ غَيْرَهُ "
"A believing husband should not hate a believing wife; if he dislikes one of her characteristics, he may be pleased with another."
Reference: . Sahih Muslim, Ar-Rida' Bab al-Wasiyyah bil-Nisa, Hadith: 1467, and Musnad Ahmad: 2/329.


③ It is not permissible for either spouse to delay fulfilling the rights of the other or to show aversion.

④ When the marriage contract has been completed and the husband calls the wife to his home, it is obligatory to hand her over to him, provided that she has reached the age at which intercourse is possible, unless she had stipulated at the time of marriage that she would stay in her own home or with her husband.

⑤ It is permissible for the husband to take his wife along on a journey, provided that there is no sin involved and her religion is not endangered. The Prophet ﷺ and the Companions, may Allah be pleased with them all, used to take their wives along on journeys.

However, in today's era, taking the wife to non-Islamic countries or centers of immorality and corruption for sightseeing or entertainment is not correct, because there are many moral corruptions and religious dangers there. Therefore, a woman should refuse such a journey, and her guardian should also prevent her.

⑥ In today's era, it is also forbidden to go to non-Muslim countries for a "honeymoon" after marriage, because there is the elimination of modesty, preference for the clothing and customs of the disbelievers, imitation of them, visiting places of amusement, and the fear of many moral corruptions, especially women are more affected by these bad phenomena. Therefore, it is obligatory to protect one's women from this. If a shameless man insists, then the guardians of the woman should prevent their sister or daughter, even if the matter reaches the point of divorce.

⑦ For the husband, intercourse with the wife during her menstruation is forbidden. Allah Almighty says:

﴿وَيَسـَٔلونَكَ عَنِ المَحيضِ قُل هُوَ أَذًى فَاعتَزِلُوا النِّساءَ فِى المَحيضِ وَلا تَقرَبوهُنَّ حَتّىٰ يَطهُرنَ فَإِذا تَطَهَّرنَ فَأتوهُنَّ مِن حَيثُ أَمَرَكُمُ اللَّهُ إِنَّ اللَّهَ يُحِبُّ التَّوّ‌ٰبينَ وَيُحِبُّ المُتَطَهِّرينَ ﴿٢٢٢﴾... سورة البقرة
"They ask you about menstruation. Say, 'It is an impurity, so keep away from women during menstruation and do not approach them until they are pure. And when they have purified themselves, then come to them from where Allah has ordained for you. Indeed, Allah loves those who repent and loves those who purify themselves.'"
Reference: . Al-Baqarah: 2/222.


⑧ If a woman does not take care of cleanliness, the husband can compel her to clean her body, remove dirt, treat affected areas, trim her nails, and avoid eating foul-smelling things, because these things cause aversion.

⑨ The husband will compel his wife to wash impurities, perform obligatory prayers, and attend to other duties. If she neglects, he should appropriately admonish her, and if she does not obey, it will be forbidden for him to keep her with him. Similarly, he will strongly prevent her from committing forbidden acts. Allah Almighty said:

﴿الرِّجالُ قَوّ‌ٰمونَ عَلَى النِّساءِ بِما فَضَّلَ اللَّهُ بَعضَهُم عَلىٰ بَعضٍ...﴿٣٤﴾... سورة النساء
"Men are the protectors and maintainers of women because Allah has given one more (strength) than the other."
Reference: An-Nisa:4/34.


And He said:

﴿يـٰأَيُّهَا الَّذينَ ءامَنوا قوا أَنفُسَكُم وَأَهليكُم نارًا وَقودُهَا النّاسُ وَالحِجارَةُ عَلَيها مَلـٰئِكَةٌ غِلاظٌ شِدادٌ لا يَعصونَ اللَّهَ ما أَمَرَهُم وَيَفعَلونَ ما يُؤمَرونَ ﴿٦﴾... سورة التحريم
"O you who have believed, protect yourselves and your families from a Fire whose fuel is people and stones, over which are (appointed) angels stern and severe; they do not disobey Allah in what He commands them but do what they are commanded."
Reference: At-Tahrim:66/6.


And He said:

﴿وَأمُر أَهلَكَ بِالصَّلو‌ٰةِ وَاصطَبِر عَلَيها ... ﴿١٣٢﴾... سورة طه
"Enjoin prayer upon your family and be steadfast therein yourself."
Reference: Ta-Ha:20/132.


And in praise of Sayyiduna Ismail (peace be upon him), it is said:

﴿وَاذكُر فِى الكِتـٰبِ إِسمـٰعيلَ إِنَّهُ كانَ صادِقَ الوَعدِ وَكانَ رَسولًا نَبِيًّا ﴿٥٤﴾ وَكانَ يَأمُرُ أَهلَهُ بِالصَّلو‌ٰةِ وَالزَّكو‌ٰةِ وَكانَ عِندَ رَبِّهِ مَرضِيًّا ﴿٥٥﴾... سورة مريم
"In this book, the story of Ismail (peace be upon him) is also mentioned; he was indeed very truthful in promise, and he was a messenger and a prophet (54). He used to enjoin prayer and zakat upon his family, and he was beloved and accepted in the presence of his Lord."
Reference: . Maryam:19/54,55.


⑩ The husband is responsible for his wife. He is her guardian and ruler, and he will be questioned about his subjects. Since the woman also has to raise the children and, after the husband, is responsible for the household, it is very necessary for her to be religiously and morally educated; otherwise, corruption can arise in the man's offspring and family.

It is obligatory upon all Muslims to fear Allah regarding women, to keep an eye on their daily affairs, and to consider their rights and dealings. The Messenger of Allah (peace be upon him) said:

"اسْتَوْصُوا بِالنِّسَاءِ خَيْرًا، فَإِنَّهُنَّ عِنْدَكُمْ عَوَانٍ"
"I advise you to treat women kindly because they are your dependents."
Reference: Sahih Muslim, Al-Ridaa, Chapter of Advice Regarding Women before Hadith (61). 1467.


⑪ The husband should spend at least one night out of every four nights with his free (non-slave) wife, provided the wife requests it. Some jurists have taken this ruling from the decision of Sayyiduna Ka'b bin Sawar رضي الله تعالى عنه, which was presented before Amir al-Mu'minin Umar bin Khattab رضي الله تعالى عنه. However, according to Sheikh Taqi al-Din رحمه الله, there is a flaw in this reasoning.
Reference: Al-Fatawa al-Kubra al-Ikhtiyarat al-Ilmiyya, Chapter on the Rights of Women: 5/481.


⑫ It is obligatory upon the husband, if able, to have intercourse with his wife at least once every four months, provided the wife desires it. This period is based on the four months established in the issue of 'Ilaa'.

Sheikh al-Islam Ibn Taymiyyah, may Allah have mercy on him, says:
"It is obligatory upon the husband to fulfill the marital rights to such an extent that the wife's desire is fulfilled within permissible limits, meaning that the husband should not suffer harm or his means of earning livelihood should not be affected. No specific duration can be determined in this regard."

⑬ If the husband remains on a journey for more than six months, and then the wife asks him to return, it becomes obligatory for him to come back, except if the journey is for Hajj or obligatory Jihad, or if he is unable to return. If he refuses to return without a valid excuse and the wife demands Khula (divorce), the ruler can separate them after correspondence.

Sheikh Taqi al-Din, may Allah have mercy on him, says:
"The harm caused to the wife by the husband's abandonment of intercourse necessitates that the marriage be annulled in any case. This applies whether or not the husband intends it, and whether or not the husband is able to have intercourse, just as the ruling regarding the wife's maintenance and sustenance is."
Reference: Al-Fatawa al-Kubra al-Ikhtiyarat al-Ilmiyyah, Chapter Ten, Women 5/481,482


⑭ It is forbidden for both husband and wife to disclose the details of their privacy and intimacy to others. The Prophet Muhammad (peace be upon him) said:

" إِنَّ مِنْ أَشَرِّ النَّاسِ عِنْدَ اللَّهِ مَنْزِلَةً يَوْمَ الْقِيَامَةِ الرَّجُلَ يُفْضِي إِلَى امْرَأَتِهِ وَتُفْضِي إِلَيْهِ ثُمَّ يَنْشُرُ سِرَّهَا "
"On the Day of Judgment, the worst status before Allah will be of the person who has intercourse with his wife and she enjoys it, then the man reveals her secrets (to others)."
Reference: Sahih Muslim, Book of Marriage, Chapter on the Prohibition of Disclosure, Sir al-Mara'ah, Hadith: 1437.


⑮ The husband has the right to prevent his wife from leaving the house unnecessarily. It is also obligatory upon the woman not to go out without her husband's permission unless there is a necessary and legitimate reason, such as taking care of a mahram relative, in which case the husband should grant permission.

⑯ It is not permissible for the husband to prevent the wife from meeting her parents unless there is a fear of harm or damage, in which case he may prevent it.

⑰ The husband has the right to prevent his wife from labor or employment, because he is responsible for her maintenance and expenses, and in such an environment, the husband's rights, the upbringing of children, and the woman's religion and morals are at risk, especially in this era where mixing of men and women, seclusion, and immodesty have become common.

⑱ The husband can prevent his wife from nursing the child of a previous husband, unless there is a dire necessity.

⑲ If the woman's parents force her to separate from her husband, she should not obey them. Similarly, if they call her for a visit and the husband does not consent, the husband's right takes precedence, because obedience to the husband is greater than obedience to the parents. In a narration from Musnad Ahmad, regarding Sayyiduna Husain رضي الله تعالى عنه's paternal aunt, the Prophet صلى الله عليه وسلم said:

( أذات زوج أنت؟ ) قالت: نعم، قال ( كيف أنت له ؟ ) قالت : ما آلوه إلا ما عجزت عنه، قال: ( فانظري أين أنت منه، فإنما هو جنتك ونارك )
"Are you a wife?" He said: Yes! You asked: "Do you serve him?" She said: I serve him as much as I can, then the Prophet ﷺ said: "Consider how high the status and rank of this (husband) is compared to you, for he is your paradise or your hell."
Reference: . Musnad Ahmad: 4/341.


⑳ If there is more than one wife, it is obligatory upon the husband to maintain equality among them in terms of time, fulfillment of rights, and spending the night, otherwise it will be oppression. Allah Almighty says:

﴿وَعاشِروهُنَّ بِالمَعروفِ ...﴿١٩﴾...سورة النساء

And live with them in kindness.
Reference: . An-Nisa: 4/19.


And it is stated:

۔…..فَلا تَمِيلُوا كُلَّ الْمَيْلِ فَتَذَرُوهَا كَالْمُعَلَّقَةِ…..

Then do not incline completely towards one and leave the other hanging.
Reference: . An-Nisa: 4/129.


It should be noted that the turn is considered to be spending the night because a person comes home at night and finds comfort with his wife. However, a man who has duty or work at night, such as a watchman, should divide the turn among his wives during the day because for him the day is like night for others.

21. If a wife is in her menstruation or postpartum bleeding days, or if she is ill, still the husband should spend the night with her because the purpose is love, affection, and comfort, which the wife attains by the husband spending the night with her, even if there is no companionship or intercourse. In dividing the days, one should not prefer one over the other but should adopt the method of drawing lots or begin with their consent. Starting the division of days without consent is equivalent to giving preference and superiority to one wife over the others, which is not permissible. Equality among them is obligatory. Similarly, if he wants to take a wife on a journey, he should do so by drawing lots or with their mutual consent because the hadith states:

…كان رسول اللٰه صلى اللٰه عليه وسلم إذا أراد سفرا أقرع بين نسائه ، فأيتهن خرج سهمها خرج بها معه ....

When the Messenger of Allah ﷺ intended to travel, he would draw lots among his wives, and the one whose name was drawn, he would take with him.
Reference: Sahih al-Bukhari, Al-Hibah, Chapter: The Gift of a Woman to Someone Other Than Her Husband..., Hadith: 2593.


When does the wife's maintenance and turn become void?​


If a woman sets out on a journey without her husband's permission, or even if she has her husband's permission but travels for some personal need, her turn and right to maintenance are forfeited. This is because if her journey is without the husband's permission, she is considered disobedient, and if she has the husband's permission, then due to her personal affairs, there is a disruption in her turn. If a man wants to take his wife with him on a journey but she refuses, she will not be entitled to maintenance because she has disobeyed her husband. If a woman refuses to spend the night with her husband, she will also be deprived of maintenance and her turn because her refusal makes her like a disobedient person. If someone visits his wife on a night or day that is not her turn, it is not permissible unless there is an extremely urgent matter. If a woman, with her husband's permission, gifts her turn to another co-wife, or if she gifts her turn to her husband to give to whichever wife he wishes, this is permissible because both have the right to do so and both have agreed. It is narrated in the hadith that Sayyida Sawda (may Allah be pleased with her) gifted her turn to Sayyida Aisha (may Allah be pleased with her). That is why the Prophet ﷺ spent two days at Sayyida Aisha's place.
Reference: Sahih al-Bukhari, Marriage, Chapter: The woman who gifts her day, Hadith: 5212


If a woman gifts her turn (right to conjugal relations) to someone else, then retracts it and demands the restoration of her turn, the husband should fulfill her demand in the future days. It is permissible for a woman to relinquish her turn and right to maintenance so that her husband does not divorce her and she remains in his marriage. Allah Almighty says:

وَإِنِ امْرَأَةٌ خَافَتْ مِن بَعْلِهَا نُشُوزًا أَوْ إِعْرَاضًا فَلَا جُنَاحَ عَلَيْهِمَا أَن يُصْلِحَا بَيْنَهُمَا صُلْحًا ۚ وَالصُّلْحُ خَيْرٌ۔

If a woman fears ill-treatment or neglect from her husband, and they reconcile between themselves, there is no sin upon either of them, and reconciliation is best.
Reference: An-Nisa 4/128.


Sayyida Aisha (may Allah be pleased with her) says that the meaning of this (mentioned) verse is that a woman is married to a man. But her husband, due to some weakness of the woman, is unable to enjoy her fully, and because of this, he wants to divorce her. She says: Do not divorce me. Keep me with you; you have the authority to exercise your will regarding my maintenance and turn. When Sayyida Sawda (may Allah be pleased with her) became old, she feared that the Messenger of Allah ﷺ would divorce her and separate from her. So she said: I give my turn (to spend the night) to Sayyida Aisha (may Allah be pleased with her). Whoever marries a virgin woman in the presence of other wives, he should spend seven consecutive nights with her, then assign her a turn. These seven nights are not counted in the turn. Similarly, if he marries a widow or a divorced woman, he should spend three consecutive nights with her, then assign her a turn, and these three nights are not counted in the turn. Sayyidina Anas (may Allah be pleased with him) says:

من السنة إذا تزوج الرجل البكر على الثيب أقام عندها سبعا، وقسم، وإذا تزوج الثيب على البكر أقام عندها ثلاثا، ثم قسم۔۔

The Sunnah is that when a man (while having other wives) marries a virgin, he should spend seven nights with her. After that, he should establish turns among all the wives. When he marries a divorced or widowed woman, he should spend three nights with her, then distribute the turns. The narrator of this hadith, Abu Qulabah, states that this narration is in the category of "Marfoo' Hadith."

Reference: . Sahih al-Bukhari, Nikah, Chapter: If a Thayyib marries a virgin, Hadith 5214. And Sahih Muslim, Ar-Ridaa, Chapter: The amount a virgin and a Thayyib deserve from the husband's residence after the wedding, Hadith 1461.


If a Thayyib woman prefers that her husband stay with her for seven days, then he should do so, but he should also give the other cohabitants the same number of days, then distribute one night to each. It is narrated from Sayyida Umm Salamah (RA) that when you ﷺ married me, you stayed at my place for three days and said: إنه ليس بك على أهلك هوان إن شئت سبعت لك وإن سبعت لك سبعت لنسائي۔۔

So you are not insignificant in the eyes of your husband (the Messenger of Allah ﷺ). If you wish, I can stay with you for seven days. If I stay with you for seven days, I will also spend seven days with the other wives.
Reference: Sahih Muslim, Al-Ridaa, Chapter: The Worthiness of the Virgin and the Widow, Hadith: 1460


It is forbidden for a woman to disobey her husband in legitimate matters. If the husband notices signs of disobedience and sinfulness in his wife, for example: her avoiding intimacy required by the marital duty or showing indifference when approached, then in such circumstances, first he should advise her and counsel her, encourage her to develop fear of Allah, and make her aware of her responsibilities. He should remind her of the sin and punishment in the sight of Allah for opposing her husband. If she still does not desist, then for three days he should separate from her bed and cease communication. If she still does not change her behavior, he may discipline her by striking, but not on the face, and without causing lasting injury or wounds. Allah Almighty says: وَاللاَّتِي تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَاهْجُرُوهُنَّ فِي الْمَضَاجِعِ وَاضْرِبُوهُنَّ۔۔

And if you fear disobedience and ill-conduct from the women, then advise them, and leave them alone in beds, and beat them lightly.
Reference: Al-Nisa:4/34


When each spouse claims that the other is oppressing them and reconciliation seems difficult, the ruler of the time should appoint one just decision-maker from each family because relatives have more knowledge of the internal circumstances and are more suitable for trustworthiness and the reform of husband and wife. Both are obligated to make sincere efforts with the intention of reconciliation. Allah Almighty says: وَإِنْ خِفْتُمْ شِقَاقَ بَيْنِهِمَا فَابْعَثُوا حَكَمًا مِنْ أَهْلِهِ وَحَكَمًا مِنْ أَهْلِهَا إِنْ يُرِيدَا إِصْلاَحًا يُوَفِّقِ اللّٰهُ بَيْنَهُمَا إِنَّ اللّٰهَ كَانَ عَلِيمًا خَبِيرًا۔۔

If you fear a breach between the two, appoint an arbitrator from his family and an arbitrator from her family. If they desire reconciliation, Allah will cause it between them. Indeed, Allah is ever Knowing and Acquainted.
Reference: Al-Nisa:4/35


In the light of this verse, both representatives should make every effort to find a better solution in favor of the spouses, whether it is a situation of living together or separation. This decision may be made with or without compensation; in any case, the better option should be implemented so that this difficulty can be resolved.
 
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