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The Nikah, or marriage and pairing are of the laws that Allah has passed for His creatures. Pairing applies in general to animal and vegetation. As for man, Allah has distinguished him over the rest of His creation by assigning to him a suitable system whereby man’s dignity and honor may be maintained, and his esteem may be preserved through legal Nikah. Such a procedure secures a relationship between man and woman that is based on mutual respect and consent. Thus man’s natural need are fulfilled in a sound manner to preserve posterity and protect woman from being a common object. [1]


Table of Contents


Islamic law on Marriage

Islamic law requires that females must give their permission before they are married. Prophet Muhammad (May Allah honour Him and grant Him peace) said, “The permission of virgins should be taken and their silence is their consent.” Sahih Al Bukhari Vol 9: 101 and Vol 7:68. On one occasion a woman came to the Prophet (May Allah honour Him and grant Him peace) and informed him that her father had married her off without her permission. He offered to annul her marriage, Sahih Al Bhukari Vol 7:69; however, she did not accept his offer saying that she only wanted to confirm her right. A previously married woman too has the right to choose for herself in Islam, Sahih Al Bhukari Vol 7:67[2]


The Wisdom of Marriage

1- Marriage is healthy environment in which the family maintains its cohesiveness and reciprocal love. It also helps maintain chastity and guards one from committing the prohibited.


2- Marriage is the best means of reproduction and multiplication, and preserving the family lineage.


3- Marriage is the best means of fulfilling sexual needs free from related diseases.


4- Marriage fulfills the parental and maternal senses in man through having children.


5- Marriage helps maintain the sense of security, self-contentment, and chastity for both husband and wife. [3]



Allah said: “And of His signs is that He created for you from yourselves mates that you may find tranquility in them; and He placed between you affection and mercy. Indeed in that are signs for a people who give thought.” Qur’an.Surah Rum 30:21 [4]



Abu Hurayrah (may Allaah be pleased with him) from the Prophet (peace and blessings of Allaah be upon him) who said: “A woman may be married for four things: her wealth, her lineage, her beauty and her religious commitment. Seek the one who is religiously-committed, may your hands be rubbed with dust (i.e., may you prosper).”  al-Bukhaari (4802) and Muslim (1466)


Scholars view

Al-Nawawi (may Allaah have mercy on him) said in Sharh Muslim: 


The correct view concerning the meaning of this hadeeth is that the Prophet (peace and blessings of Allaah be upon him) spoke of what people usually do, for they seek these four characteristics, the last of which in their view is religious commitment, but you who are seeking to follow the right way should seek the one who is religiously committed.  This is not a command to do so… This hadeeth encourages us to seek the company of religiously-committed people in all things, because the one who keeps company with them will benefit from their good attitude and good ways, and will be safe from any bad influence from them. [5]


Guardian (wali) is Must

According to the majority of scholars’, in order for a marriage to be valid it is essential for the woman’s wali (guardian) to be present. The wali is her father, then her son – if she has a son, then her brothers, then her brother’s son, then her paternal uncles, then the sons of her paternal uncles, and so on in order of closeness among the male relatives on her father’s side. If there is no one, then the ruler or the qaadi (judge) is her guardian, the hadeeth narrated by Abu Moosa al-Ash’ari® : the Prophet (May Allah honor Him and grant Him peace)said: “There is no marriage without a guardian.” Narrated by Abu Dawood (2085), al-Tirmidhi(1101) and Ibn Maajah (1881), classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.


And the Prophet (May Allah honor Him and grant Him peace) said: “Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid, and if there is a dipute, then the ruler is the guardian of the one who has no guardian.” Narrated by Ahmad (24417), Abu Dawood (2083) and al-Tirmidhi (1102); classed as saheeh by al-Albaani in Saheeh al-Jaami’ (2709). [6]










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