Islamic marital jurisprudence

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Template:Short description Template:About Template:Copy edit Template:Use dmy dates Template:Fiqh In Islamic law (sharia), marriage (Template:Langx) is a legal and social contract between a man and a woman. In the religion of Islam<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> it is generally strongly recommended that adherents marry,<ref name="islamic-marriage-syed-athar-husain-sh-rizvi">Template:Cite book</ref><ref name="onislam.net">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> and there are many hadith recommending marriage in general, but depending on the circumstances, Islamic holy law (sharia) may require, encourage, discourage or forbid a Muslim to marry.<ref name="IW 4 fiqh 86384">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

A nikāḥ marriage has a number of requirements and restrictions under shariah.<ref name="islamic-marriage-syed-athar-husain-sh-rizvi">Template:Cite book</ref> Amongst them are that a gift known as a mahr be given by the groom to the bride; that there be no coercion in the union but that the bride, groom and guardian for the bride (wali), give their legal consent to the marriage; that there be two witnesses from each side to the signing or accepting of the contract; that the bride and groom not be of the same gender,<ref name="Umar-AI-2022"/> not be brother and sister, mother or father, aunt or uncle, or other close relatives,<ref name=ghamid-mizan>Template:Cite book</ref> but may be cousins, including first cousins;<ref name="IQA-cousin"/><ref name="IWN-cousins"/><ref name="Balanced Perspective"/><ref name="Siddiqi"/><ref name=Nassar-view/> that the man not have more than four wives at any one time, and the woman more than one husband.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Rulings on marriage

Many Muslim activists urge Muslims to marry.<ref name="islamic-marriage-syed-athar-husain-sh-rizvi"/><ref name="onislam.net"/> There are many hadith recommending marriage as long as a (Muslim) man can afford it,<ref name="Fatwa 84026"/> and some that encourage marriage even if he has trouble affording it.<ref name="Sahih al-Bukhari 5150."/><ref name=Q.24:32/><ref name=irfi-SSMaMiI/>

  • "When a man marries he has fulfilled half of the religion; so let him fear God regarding the remaining half".<ref name="Mishkat al-Masabih 3096">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref>

  • "(Oh Muslims!) Marry, then, I will be proud of being the largest in number among nations, and do not follow the monastic life of Christians".<ref name="Fatwa 84026"/>
  • "Marry even with an iron ring".<ref name="Fatwa 84026"/><ref name="Sahih al-Bukhari 5150.">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref>

  • Ibn Masoud may Allaah be pleased with him said: "If I knew that I will die on the tenth day of the last ten days of my life and I can afford marriage, I will marry since I fear temptation".<ref name="Fatwa 84026"/>
  • Ibn 'Abbaas said to Sa'eed ibn Jubayr: "Marry, for the best people of the Muslim Ummah are those who have the largest number of wives".<ref name="Fatwa 84026"/>
  • Imam Ahmad said: "Celibacy is not part of Islam."<ref name="Fatwa 84026"/>
  • "The best people of my nation (Ummat) are those who get married and have chosen their wives, and the worst people of my nation are those who have kept away from marriage and are passing their lives as bachelors."<ref>Mustadrakul Wasael, Muhaddith Noori, vol. 2, p. 531, quoted in A Gift for the Youth, Shabeeb Rizvi. quoted in Template:Cite book</ref>

Rulings

According to scholars such as Sheikh Sayyed Sabiq and Al-Qurtubi (1214–1273) and according to the consensus of scholars (according to Islamweb),<ref name="ruling-online"/><ref name="IW 4 fiqh 86384">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

  • a Muslim is obligated (fard) to marry if they are able to afford it, have a desire for sexual intercourse, and are afraid they might indulge in fornication;<ref name="ruling-online"/>
  • marriage is only recommended (mustahabb) for a Muslim if he does not fear committing something forbidden;<ref name="ruling-online"/>
  • marriage is prohibited (haram) for a man or woman if they suffer from madness, from leprosy, or similar afflictions; if the Muslim man lacks any sexual desire, or if his penis is cut, (since in such a case a marriage harms a wife and does not protect her chastity).<ref name="ruling-online">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref><ref name="Fatwa 84026">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Similarly the woman must not have defects such as "narrowness or blockage of her vagina, ... that hinders penile insertion", or similar problems.<ref name="IW 4 fiqh 86384"/>

Literalist Opinion

One school of fiqh — that of literalist school founded by Dawud al-Zahiri (aka Dhaahiri fiqh) — holds that marriage is "farḍ al-'ayn — an absolute and individual obligation" — poverty notwithstanding. Among other sources, they cite as evidence this Qur'anic verse:

  • "And marry off the single among you and among the righteous of your male and female slaves. If they are poor then Allah will supply their needs from His generosity. And Allah is expansive, knowing. And let those who do not find marriage hold back until Allah grants them of His generosity". (Quran 24:32-33)<ref name=Q.24:32>{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref><ref name=irfi-SSMaMiI>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Islamic marriage ceremony

Witnesses

In Sunni Islam two witnesses from both sides<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> are necessary for the contract to be valid.

According to Hanafi Fiqh by DarulUloomTT.net, there must be two male witnesses or one male and two females; they must be Muslims who have reached the age of puberty and are of sound mind.<ref name="witness-IslamQA">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> According to Hanafi school of fiqh of Mufti Ebrahim Desai of Askimam.org, the witnesses must be "two trustworthy and pious male Muslims" who are not the brides ascendants, (such as father, grandfather) or descendants (e.g. son, grandson, etc.).<ref name="Desai-witnresses-29250/">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

In Shia Islam (aka Imamiyyah Islam), according to Muhammad Juwwad Mughniyyah, witnesses to a marriage are not wajib (required) but only mustahabb (recommended).<ref name="Mughniyyah">Template:Cite book</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Nikah/Islamic marriage contract

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} If the conditions are met and a Template:Transliteration and contract are agreed upon, an Islamic marriage ceremony, or wedding, can take place. A Muslim marriage is a simple, legal agreement in which either partner is free to include conditions, violation of which is legal grounds for the partner who included the stipulation to seek divorce. The agreement is affirmed both verbally and in signature.

The marriage should have an offer or proposal (ijab) from the wali of the bride (or the person who is acting in his place), made to the groom saying in effect, "I marry [name of bride] to you".<ref name="IQA-Wali-1998"/> Traditionally, both the bride and groom respond "Qubool" (meaning "I accept") three times,<ref name="Kohler">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> (though only an indication of agreement is necessary according to fiqh, and not these particular words).<ref name="Desai-IQA-1885">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Following the verbal aspect of nikah the marriage contract is signed. From this point on, the couple are a married couple.<ref name="weddingthingz.com">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

In a Shia nikah ceremony requires that the nikah kalma and some other verses of the Quran must be recited, whereas this is optional in a Sunni nikah ceremony, so Shia nikah ceremonies often lasts much longer than the Sunni. A Shia nikah ceremony requires the pair to conduct a ghusl bath, according to a specific method. Sunni do not require this at a nikah ceremony.<ref name="MMBG-Munshi">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>Template:Efn

Walima

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} The walima is a dinner given by the groom's side of the family to celebrate the welcoming of the bride to the family. It is a strong sunnah (the repetition of an action of Muhammad) and it is recommended to be held the earliest possible day after the nikah.Template:Efn It is "disliked" (Makruh) to have the bride displayed during the walima, such as on a stage. Thus it is preferred that the couple sit together in a corner.<ref name=alquranclasses.com>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> The Walima may include speeches, sermons, prayers, and poetry. Scholars permit, and even recommend, the playing of the Daf drum during the Walima whereas music is otherwise prohibited.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Requirements and regulations for marriage

Arranged and forced marriages and wali involvement

Traditionally in the Muslim world, marriages were arranged by families, and brides were represented by a wali (usually the brides father).

An engagement may be arranged between families for their children, but the Hanafi and Hanbali schools of jurisprudence require the prospective bride's consent if she has reached the age of puberty. They believe a legal marriage includes the requirement that both the bride and groom, give their legal consent. (Although according to hadith, if the bride is silent when asked if she consents to the marriage, that may be taken as agreement to marry.)<ref name="Permission of women in marriage. 87853"/><ref name="Forced marriages. 46844"/>

As the Quran, hadith and scholar Ibn Taymiyyah state:<ref name="Al-Yousef-2025"/>

  • "O you who have believed, it is not lawful for you to inherit women by compulsion..." (Quran 4:19)<ref name="Al-Yousef-2025">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref>

  • Abu Hurayrah reported that the Prophet said: "A non-virgin woman may not be married without her command, and a virgin may not be married without her permission; and it is permission enough for her to remain silent (because of her natural shyness)" [Al-Bukhari:6455, Muslim & others]<ref name="SO-forced">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref>

  • A'ishah reported that she once asked the Prophet: "In the case of a young girl whose parents marry her off, should her permission be sought or not?" He replied: "Yes, she must give her permission." She then said: "But a virgin would be shy, O Messenger of Allaah!" He replied: "Her silence is [considered as] her permission". [Al-Bukhari, Muslim, & others]<ref name="Forced marriages. 46844">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref><ref name="Permission of women in marriage. 87853"/>

Ibn Taymiyyah stated that Muhammad "prohibited forcing a virgin in marriage without her permission, whether by her father or anyone else."<ref name="SO-forced"/><ref name="Forced marriages. 46844"/>

The Maliki and Shafi'i schools of jurisprudence do allow compulsion in marriage if the daughter is a virgin. "For Malik, either virginity or minority allowed compulsion, so a non-minor virgin could be compelled. A previous marriage, if unconsummated, did not remove a father's power of compulsion". Malik believed that the practice of the people of Medina overruled the hadith above as a source of law: "This is the way we do things."<ref name="Kecia-2010-33">Template:Cite book</ref><ref name="Permission of women in marriage. 87853">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Shafi'i recommends strongly that daughters who are no longer minors be consulted before being married to someone.<ref name="Kecia-2010-36">Template:Cite book</ref>

Wali

A wali is a "custodian", "protector" or guardian. The Template:Anchor Template:Transliteration (Template:Lang) is a wali of the bride with "full power to endorse a marriage on behalf of everyone under his care."<ref name="studylib.net">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> In most schools of Islamic law, only the father or the paternal grandfather of the bride can be Template:Transliteration.<ref name="Islam, New Edition p. 27">The Encyclopaedia of Islam, New Edition, Vol. VIII, p. 27, Leiden 1995.</ref> However, in the absence of these, other male relatives such as the bride's brother, uncle, or even a male guardian appointed by a shariah court or the imam of a mosque may act as the walī, depending on the circumstances.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

The importance of the wali and whether one is needed to approve the marriage is debated between the different schools of thought, and may depend on whether the bride is virgin and/or a minor.

One sahih hadith (there are also similar hadith) states:

  • "Any woman who marries without the permission of her wali, her marriage is invalid, her marriage is invalid, her marriage is invalid."<ref>{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref><ref name="IQA-Wali-1998">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> While another asserts

  • "'The woman has a right over herself concerning marriage, and her guardian has a right over her concerning marriage; but her right takes precedence over his. If he wishes to marry her to someone of a proper background, and she refuses, then she cannot be compelled; while if she wishes to marry someone who has a proper background, and her guardian refuses, he will be compelled to submit to her wishes; and if he persists in his refusal, the qadi is authorised to give her away in marriage in his stead.'"<ref>(Sharh Sahih Muslim, IX, 204; quoted in Template:Harvnb</ref>

The role of the wali in approving the marriage is particularly significant for women who have not previously been married;<ref name="Al-Yousef-Islam-Laws-2025">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> their permission<ref name=central-mosque>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> being compulsory for Maliki, Shafi'i, Hanbali schools in Sunni Islam, strongly recommended in Hanafi,Template:Efn and either obligatory or obligatory based on precaution in Ja'fari school of Shia Islam. (see note below)

To the Hanafi Sunnis, a male guardian is not required for the bride to become married, only recommended, even if it is her first marriage. Therefore, the marriage contract is signed between the bride and the groom, not the groom and the wali.Template:Efn To the Hanbali, Shafi'i, and Maliki Sunni schools, a Template:Transliteration is required for a virginal woman to marry. In these schools, if a woman is divorced or widowed, she becomes her own guardian and does not need a Template:Transliteration to sign a marriage contract.<ref name="Marriage Without Wali">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>Template:Efn However, according to one source, divorced or widowed women still needs a wali's permission to marry.<ref name="Ahmad wali permission 7-1-2023">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> To Shia it may vary according to the religious scholar.Template:Citation neededTemplate:Efn

Two sources (central-mosque.com and Hassan Al-Yousef), advises Muslim women who believe that their wali is being unreasonable in preventing them from marrying the man they wish to marry to "refer the matter to Islamic Scholars or Islamic Shariah councils and let a Mufti or a Scholar from a Shariah council".<ref name=central-mosque/><ref name="Al-Yousef-Islam-Laws-2025"/>

Separation of the sexes

Template:Further At least among strict Muslims, unnecessary direct conversation between prospective bride and groom before the nikah is forbidden, just as it would be between any other two non-mahram (a mahram is a family member with whom marriage would be considered permanently unlawful, i.e. haram) individuals. Negotiation and proposals of marriage should be done through parents or guardians.<ref name="Ibn Adam">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> While the prospective groom is not allowed to be alone with the prospective bride before marriage, he is allowed to see her. According to Islamweb, it is permissible for "a man to look at a woman whom he wants to marry". What they are allowed to look at is limited to her hands and face, according to most Islamic scholars, (according to Islamweb).Template:Efn The Hanbali school is more permissive, allowing the groom to look at "six parts of her body: the head, the neck, the face, the arms, the feet and the legs".<ref name="Islamweb-Unveiling">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

In addition kissing is prohibited before the nikah — notwithstanding its prominent place in non-Muslim marriages — according to scholars such as Muhammad Al-Munajjid,<ref name="IslamQA-kiss">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Abu Ameenah Bilal Philips,<ref name=philips-polygamy/> and Abdurrahman ibn Yusuf Mangera.<ref name="Intimate, affectionate interaction">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> (Philips says it is not permissible in public even after the nikah, as Muslim couples are expected to exercise hayaa' (modesty/shyness) when in public;<ref name=philips-polygamy>Template:Cite book</ref> Mangera says that "expression of this type of interaction in public can lead to an unrestricted, carefree and immoral atmosphere which Islam forbids.")<ref name="Intimate, affectionate interaction"/>

Mahr

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} Mahr (aka mehr) is a mandatory gift given by the groom to the bride. Unlike a bride price, however, it is given directly to the bride and not to her father. Although the gift is often money, it can be anything agreed upon by bride and groom such as a house or viable business that is put in her name and can be run and owned entirely by her if she chooses.<ref name="Subedar-mahr"/>

The practice is reportedly mentioned in the Quran.

  • "And give the women [upon marriage] their [bridal] gifts graciously." (Quran 4:4)<ref name="Subedar-mahr">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref>Template:Efn

At least according to fatwa given in Hanafi<ref name="Desai-when-IslamQA">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> and Hanbali<ref name="Straight away 2010-IQaA">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> fiqh, the standard practice is for the mahr to be paid at the time of the nikah, but if the bride and groom agree, payment of the mahr may be postponed to a future date.

One basis for determining the amount of the mahr is how much her older sisters (if she has any) were given at the time of their marriage.<ref name="Subedar-mahr"/> The minimal amount of mahr according to Hanafi fiqh fatwa is ten dirhams (30.615 grams of silver, or approximately USD$38 as of 2025). In maliki fiqh it is three dirhams. In Shia fiqh, there is no minimum, but a maximum of 500 dirhams (USD$1900).<ref name="Prakash-Types-2023">Template:Cite book</ref>

  • Mahr Muajjal — is given to the wife immediately after the nikah (marriage contract) is completed.
  • Mahr Muakkhar — is given later, usually at the time of divorce, or the death of the husband.<ref name="Silsila-2023">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref>

  • Al-Mahr al-Musamma — is a mahr whose amount agreed upon by the couple and specified by them in the contract.<ref name="Mughniyya-MAtt5SoIL-1997">Template:Cite book</ref>
  • Al-Mahr al Mithli — is a mahr whose amount is set according to the "assets" of a woman, which are "generally thought to include things like the number and nature of her family, her ethnic background (some ethnic backgrounds are more desirable than others), beauty and intelligence".<ref>{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref> What is "typically" received by similar brides.<ref name="Stipulations ibn Adam">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Forbidding of misrepresentation

When the prospective husband misrepresents his suitability for marriage to his fiancée or her wali — for example in his lineage or physical status — then the bride or her wali have the right to nullify the nikah contract.<ref name="Fatwa 86384">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Forbidding of marriage to mahram

A verse in surah An-Nisa in the Quran gives a list of relatives that Muslims are forbidden to marry, (see below) — a class of people known as Mahram (family members with whom marriage is permanently unlawful):

<templatestyles src="Template:Blockquote/styles.css" />

your mothers, your daughters, your sisters, your paternal and maternal aunts, your brother's daughters, your sister's daughters, your foster-mothers, your foster-sisters, your mothers-in-law, your stepdaughters under your guardianship if you have consummated marriage with their mothers—but if you have not, then you can marry them—nor the wives of your own sons, nor two sisters together at the same time—except what was done previously. Surely Allah is All-Forgiving, Most Merciful. (Quran 4:23){{#if:|

|}}{{#if:|

— {{#if:|, in }}Template:Comma separated entries

}}{{#invoke:Check for unknown parameters|check|unknown=Template:Main other|preview=Page using Template:Blockquote with unknown parameter "_VALUE_"|ignoreblank=y| 1 | 2 | 3 | 4 | 5 | author | by | char | character | cite | class | content | multiline | personquoted | publication | quote | quotesource | quotetext | sign | source | style | text | title | ts }}

Template:See also Not forbidden are cousins, including first cousins, who though genetically close are not mahram.<ref name="IQA-cousin">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="IWN-cousins">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> <ref name="Balanced Perspective">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name=Nassar-view>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="Siddiqi">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Others forbidden

Also forbidden to marry is anyone of the same sex,<ref name="Umar-AI-2022">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> anyone who has had the same wetnurse feed them,Template:Efn and polytheists (mushrikun).<ref name="surah-Q.2:221">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Permissible age

Islam encourages early marriage.<ref name="soon-Islamweb.net">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="IslamQA-marry-young">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

At least two sources (Islamweb, IslamQA) quote versions of the Sahih Hadith:

  • The Prophet Muhammad said: "O, young people whoever among you can marry, should marry, because it helps him lower his gaze and guard his modesty (i.e. his private parts from committing illegal sexual intercourse etc.)" (Imam Al-Bukhari and Muslim narrated from Ibn Mas'oud)<ref name="soon-Islamweb.net"/><ref name="IslamQA-marry-young"/>

AbdurRahman.org states that it is "permissible" for a father to give his daughter's hand in marriage, "even when she is not fully grown up", quoting Sahih Muslim.<ref name="0-10-AbdurRahman">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> A fatwa at the Salafi site Islam Question and Answer also states that "marriage to a young girl before she reaches puberty is permissible according to Shari`ah", giving quotations from various scholars and hadith collectors in support (At-Talaq 65:4, Tafsir At-Tabari, 14/142, Al-Istidhkar, 16/49-50, Sahih hadith narrated by Al-Bukhari, 4840 and Muslim, 1422). However, it adds that it is not permissible to have intercourse with her "until she becomes able for that".<ref name="IQA-puberty">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Dr. Hatem Al-Hajj, Dean of Shari`ah Academy of America (in answer to a questioner concerned about allegations of pedophilia in Islam), writes that all four Sunni madhahib (juristic schools of fiqh), indicate that the groom shall not be allowed to move in with a prepubescent bride "until she is physically capable of conjugal relations; something that should be left for the experts to determine."<ref name="AI-al-Hajj-2024"/>

Sahih Muslim permits marriage once a person reaches sexual maturity (manifest in menstruation, voice changing, wet dreams), and sexual maturity in Sharia law is typically understood to mean puberty (baligh).<ref>Islam and the Everyday World: Public Policy DilemmasTemplate:Snd Page 102, Sohrab Behdad, Farhad Nomani, Farhad NomaniTemplate:Snd 2006</ref>

There is some dispute as to whether or not an under-age bride can leave her family's custody and be transferred to her husband's custody, if she has not yet reached puberty.Template:Citation needed Some evidence supporting both sides can be seen in the following hadith of Muhammad:Template:Citation needed

  • Narrated 'Aisha: that the Prophet married her when she was six years old and he consummated his marriage when she was nine years old. Hisham said: I have been informed that 'Aisha remained with the Prophet for nine years (i.e. till his death).<ref name="(Sahih Bukhari Volume 7, Book 62, Number 65)">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref>

  • Narrated 'Ursa: The Prophet asked Abu Bakr for 'Aisha's hand in marriage. Abu Bakr said "But I am your brother." The Prophet said, "You are my brother in Allah's religion and His Book, but she (Aisha) is lawful for me to marry."<ref name="67 Wedlock">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref>

However, some Islamic sources indicate that this was something allowed specifically for Muhammad, and not for other Muslims.Template:Citation needed

Possibly contradicting some fatwa above, Hatem Al-Hajj rules that Islam "doesn't impose" a specific minimum age for marriage and "leaves it for the legal authorities" of different countries and communities to decide.<ref name="AI-al-Hajj-2024">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Fornicators

Islam does not give fornicatorous men the right to marry a chaste woman, nor may a fornicatorous woman marry a chaste man, except if the matter has not gone to court and the two purify themselves of this sin by sincere repentance.<ref>Template:Cite quran, Template:Cite quran</ref><ref>Javed Ahmed Ghamidi, Mizan, Chapter:The Social Law of Islam, Al-Mawrid</ref>

  • Women of purity are for men of purity, and men of purity are for women of purity (Template:Cite quran)

According to fatwa by a shaykh of the Hanafi school it is allowed to marry a repentant fornicator,<ref name="Badat-IslamQA">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> but according to a Maliki fiqh school source, marrying a convicted fornicator is only discouraged (makruh), as "some have said" that the verse, "the fornicating woman is only to be married to a fornicator" (Q.24:3), has been abrogated.<ref name="Elmasry-haram">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Interfaith marriage

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}}

Islamic law "generally" forbids Muslim women from marrying non-Muslim men, but does allow Muslim men to marry Christian or Jewish women "under specific conditions".<ref name="Setyawati-BtSS-CIoILaS-2024">Template:Cite journal</ref>

The Qur'an explicitly allows Muslim men to marry chaste women of "the People of the Book", (i.e. Jews, Christians and Sabians),<ref>Template:Cite quran</ref><ref name="ODI">Template:Cite encyclopedia</ref><ref name="interfaith">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

  • Do not marry polytheistic women until they believe; for a believing slave-woman is better than a free polytheist, even though she may look pleasant to you. And do not marry your women to polytheistic men until they believe, for a believing slave-man is better than a free polytheist, even though he may look pleasant to you. They invite ˹you˺ to the Fire while Allah invites ˹you˺ to Paradise and forgiveness by His grace. He makes His revelations clear to the people so perhaps they will be mindful. (Quran 2:221)
  • ...the food of the People of the Book is permissible for you and yours is permissible for them. And ˹permissible for you in marriage˺ are chaste believing women as well as chaste women of those given the Scripture before you...(Quran 5:5)<ref>{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref>

... and does not mention the gender inverse. Historically, in Islamic culture and traditional Islamic law, interfaith marriages have generally been recognized between those two groups (Muslim males and people-of-the-book females), and not the reverse genders.<ref name="ODI" /><ref name="Brill Publishers">Template:Cite book</ref><ref name="Leeman 2009">Template:Cite journal</ref>Template:Efn

However, in the 21st century marriages between Muslim women and non-Muslim men have become "more and more" frequent, meeting with "varying degrees" of acceptance.<ref name="cyrill glasse-296"/> Some modern Islamic scholars have begun to reexamine and reinterpret this traditional Sharia interpretation. While these scholars use "established and approved methodologies" in order to claim new conclusions, they are still met with a considerable amount of opposition from the majority of orthodox Islamic scholars and interpreters,<ref name="Setyawati-BtSS-CIoILaS-2024"/><ref name="Leeman 2009"/> (such as Hassan Al-Turabi),<ref name="Jahangir2017">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> and are criticized for contravening the traditional Sunni understanding of ijma.<ref name="Leeman 2009"/>

Polygyny

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} Muslim men are allowed to practise polygyny, that is, they can have more than one wife at the same time, up to four, per Sura 4, Verse 3 of the Quran

According to Yusuf Al-Qaradawi, to marry more than one wife a husband must have confidence that he will be able to deal equitably with multiple wives "in the matter of food, drink, housing, clothing and expenses, as well as in the division of his time between them".<ref name=fiqh.islamonline.net>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

The Hanbali and Shaafi'i schools of jurisprudence emphasize the part of the verse that states "... if you fear that you shall not be able to deal justly (with multiple wives), then only one ...", and "recommend" that a Muslim male to have only one wife, to ensure complete equality among multiple wives.<ref name="polygamyinislam.com">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="islamweb.net">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>Template:Efn Others, such as Saudi-educated preacher Bilal PhilipsTemplate:Efn and Jamila Jones, inveigh against banning or discouraging polygyny based on "restrictive impractical" Western norms,Template:Sfn claiming that "institutional polygyny is vehemently opposed by male-dominated Western society because it would force men to fidelity", Philips and Jones alleging that infidelity is the norm in Western society.Template:Sfn

Women are not allowed to have more than one husband. One of the main reasons for this would be the potential questioning of paternal lineage.<ref name="IQA-polygyny-2001">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>


Western practices and laws

Civil marriages in Western countries must meet "the basic conditions of Shari'ah" (such as the restrictions and requirements mentioned above) to be valid in Islam (according to a fatwa by Sheikh Faysal Mawlawi, the deceased Deputy Chairman of the European Council for Fatwa and Research).<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Concerning practices originated from European tradition such as Wedding rings and bridal gowns, a fatwa by Islamweb discourages Muslims from wearing wedding or engagement rings as it constitutes "a form of imitation of non-Muslims". It also points to hadith forbidding men from wearing any gold ornaments including wedding or engagement rings.<ref name="islamweb-ring-2002">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> A fatwa by Muhammed Salih Al-Munajjid also forbids gold on men and states that the belief that rings can "create strong bonds" between a married couple", is a form of shirk, so that it "is not permissible to wear a wedding ring under any circumstances.".<ref name="IQA-wedding rings">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> A fatwa per Hanafi Fiqh by Mufti Faizal Riza on IslamQA.org finds both wedding rings and white wedding dresses to be "peculiar ... customs of the kuffar", that are "not permissible" for Muslims.<ref name="Riza-Kuffar-2011">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Obeying the laws of the country

While Muslims are urged to avoid Western practices, they are "generally obliged" to abide by the laws of the country they live in,<ref name="ibn Adam obeying">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> including marriage laws. This is sometimes mentioned in fatwas dealing with issues such as whether it is possible for a man to marry a minor.<ref name="SG-ARK-2019">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="IQA-27305-2003">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

However any system of laws may allow some activities that are forbidden in another system, and forbid what are permitted in another. Scholars (Shaykh Muhammad Saalih Al-Munajjid) have noted that some Western laws are "contrary to what Allah has prescribed", and emphasize that it is "not permissible" to act upon or approve these kind of laws — such as those that give wives the power of divorce, deny fathers guardianship over daughters after they (daughters) have reached puberty, or give a daughter the same inheritance share of the parents' estate as a son.<ref name="Al-Munajjid 2018: 176910">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> On the subject of marrying more than one wife, Hatem al-Haj of the Assembly of Muslim Jurists of America does not approve of marriage to a second wife outside of civil law but suggests asking "a legal expert whether the undocumented marriage is illegal".<ref name="AMJA-plural-2007">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Another source (Muhammad Muhajjid) angrily denounces "putting restrictions on that which is halaal" (polygamy) but also details the problems with an undocumented marriage (secrecy, excluding parents, endangering the rights of the wife, etc.).<ref name="Munajjid-plural-2007">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Types of marriage

Nikāḥ

A Muslim bride signing the nikkah nama or marriage certificate, 2006, Pakistan.

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} The Nikāḥ (Arabic: نكاح, literally, "to collect and bind together")<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> is the first—and most common—form of marriage for Muslims. It is described in the Qur'an in Surah 4 verse 4,<ref name="Q.4:4">Template:Cite quran</ref> (and above).

Among its regulations are:<ref name="Correct Method 2024">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

  • While intended to be a permanent state, it can be terminated (i.e. divorce may proceed) by the husband engaging in the Talaq process or the wife seeking a Khula.
  • The couple inherit from each other.
  • A legal contract is signed when entering the marriage. However the contract may be oral, not written, the standard practice amongst illiterate Muslims.
  • If there is a written contract the couple should still also agree to marriage orally.<ref name="Correct Method 2024"/>
  • If an agreed end-date is specified in the nikāḥ contract:
    • In Sunni jurisprudence, the contract is invalid.
    • In Shia jurisprudence, the contract defines a temporary marriage, nikāḥ mut'ah.

Nikāḥ misyar

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} Nikāḥ misyar is a nikāḥ for Sunnis carried out via the normal contractual procedure, but specifying that the husband and wife give up several rights by their own free will, such as living together, equal division of nights between wives in cases of polygamy, the wife's rights to housing, and maintenance money ("nafaqa"), and the husband's right of homekeeping, access, etc.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> The difference between this and Nikāḥ mut'ah is that mut'ah has the condition of a definite time period and a separation date prior to a marriage contract. Sunni Muslim men may in theory engage in a similar practice by marrying a woman with the intention of getting divorced after a period of time, but according to Shaykh Yūsuf Badāt of Hanafi Fiqh Mathabah.org, "the overwhelming number of Sunni jurists from all persuasions" consider such a marriage as "invalid and prohibited."<ref name="Badat-Intention-IslamQA">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Nikāḥ 'urfī

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} Nikāḥ 'urfī is a "customary" marriage contract that commonly requires a wali (Islamic legal guardian) and witnesses but does not have official registration with state authorities. Couples repeat the words, "We got married" and pledge commitment, although there are many other informal ways in which people marry 'urfi. Usually a paper, stating that the two are married, is written and at least two witnesses sign it, although others may record their commitment on a cassette tape and use other forms of documentation.

A fatwa by one Shaykh Bassem Itani states that urfi marriages are valid if they have all the crucial elements of a conventional nikbah (presence of the guardian/wali, witnesses, mahr, and mutual acceptance of marriage contract from both the groom and the bride or her guardian) except official registration. However, what some call urfi exclude witnesses, and any nikbah lacking these is not Islamically valid.<ref name="Seekers-knowledge">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Nikāḥ mut'ah

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} Nikah mut'ah<ref name="OxfordIslamDictionary"/><ref>Template:Cite news</ref> Template:Langx, literally "pleasure marriage"; temporary marriage<ref>Hans Wehr Dictionary of Modern Written Arabic: a compact version of the internationally recognized fourth edition Template:Webarchive Ed. JM Cowan. New York: Spoken Language Services, Inc., 1994. Print.</ref>Template:Rp or sigheh<ref>Template:Cite news</ref> (Template:Langx, called muta'a in Iraq and sigheh in Iran) is a private and verbal temporary marriage contract that is practiced in Twelver Shia Islam<ref>Template:Cite news</ref> in which the duration of the marriage and the mahr must be specified and agreed upon in advance.<ref name="OxfordIslamDictionary"/><ref name="IslamicOrigins">Berg H. "Method and theory in the study of Islamic origins". Template:Webarchive Brill 2003 Template:ISBN, 9789004126022. Accessed at Google Books 15 March 2014. pp. 167-171,176</ref><ref name="IslamDictionary">Hughes T. A Dictionary of Islam. Template:Webarchive Asian Educational Services 1 December 1995. Accessed 15 April 2014.</ref>Template:Rp<ref name="Pohl (2010)">Pohl F. "Muslim world: modern Muslim societies." Template:Webarchive Marshall Cavendish, 2010. Template:ISBN, 1780761479277 Accessed at Google Books 15 March 2014.</ref>Template:Rp It is a private contract made in a verbal or written format. A declaration of the intent to marry and an acceptance of the terms are required as in other forms of marriage in Islam.<ref>Template:Cite news</ref>

According to Shia Muslims, Muhammad sanctioned nikah mut'ah. Some Sunni and Western writers have argued that mut'ah approximates prostitution in a culture where prostitution is otherwise forbidden.<ref>Template:Cite book</ref><ref>Template:Cite book</ref><ref>Template:Cite book</ref>

Some sources say the nikah mut'ah has no prescribed minimum or maximum duration,<ref name=labi>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> but others, such as The Oxford Dictionary of Islam, indicate the minimum duration of the marriage is debatable and durations of at least three days, three months or one year have been suggested.<ref name="OxfordIslamDictionary">Esposito J. "The Oxford Dictionary of Islam." Template:Webarchive Oxford University Press 2003 p221 Accessed 15 March 2014.</ref>

Proxy marriages

Nikah is permitted by proxy (i.e. via the telephone or video link), simply by both parties (or representatives on their behalf) exchanging declarations. This has caused issues in Western countries, such as the United Kingdom, which do not view proxy marriages as legitimate.<ref>Template:Cite book</ref><ref>Template:Cite journal</ref> According to Hanafi Mufti Ebrahim Desai, "the procedure of marriage via the internet is same as marriage by proxy where one of the partners (boy or girl) propose to marry the other."<ref name="proxy-IslamQA">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> According to Muhammad al-Munajjid, if there is a proxy wali, he should explain that he is a proxy when giving the bride to the groom, saying, "I give to you in marriage the daughter of So-and-so, who appointed me as his proxy, and she is So-and-so the daughter of So-and-so" or, "I give to you in marriage as a proxy the daughter of So-and-so the son of So-and-so."<ref name="ISQA-proxy-say-2024">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Nikah halala

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Nikah halala also known as tahleel marriage,<ref>Template:Cite book</ref> is a practice in which a woman, after being divorced by her husband by triple talaq (the verbal divorce of traditional Islam), marries another man, consummates the marriage, and gets divorced again in order to be able to remarry her former husband<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>—Islamic law requiring her to has been married to and divorced from another man before remarrying.

However, this form of marriage is haram (forbidden) according to Islamic law based on hadith of Muhammad.<ref>Template:Cite book</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>Template:Cite book</ref> Nikah halala is practiced by a small minority of Muslims, mainly in countries that recognise the triple talaq.<ref name="halalawomenmoslem">Template:Cite news</ref><ref>Template:Cite news</ref>

Forbidden historical marriages

In addition to the types of marriages mentioned above that are forbidden in Islam—marriage to close relatives (mahram) (Q.4:23), those made "foster relatives" by virtue of their having the same wet nurse, those of the same sex—there are also kinds of marriages that were practiced historically (though perhaps not much of an issue today) that are forbidden either in the Quran (Levirate marriage) or hadith (Nikāḥ Ijtimaa).

Levirate marriage

Template:Further In certain sections of the Jahiliyyah Arab tradition, the son could inherit his deceased father's other wives (i.e. not his own mother) as a wife. The Quran prohibited this practice. Marriage between people related in some way is subject to prohibitions based on three kinds of relationships.<ref>Template:Qref</ref>

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O believers! It is not permissible for you to inherit women against their will or mistreat them to make them return some of the dowry ˹as a ransom for divorce˺—unless they are found guilty of adultery. Treat them fairly. If you happen to dislike them, you may hate something which Allah turns into a great blessing.

4:22 Do not marry the former wives of your fathers—except what was done previously. It was indeed a shameful, despicable, and evil practice.Template:Qref{{#if:|

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Nikāḥ Ijtimaa

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} Nikah ijtimaa, or combined marriage, is a form of marriage practiced in pre-Islamic Arabia, in which multiple men would have intercourse with a woman, and if she bore a child, she would choose one of the men to be the father of the child.<ref>Although the Salafi Islamic scholar, Muhsin Khan, did not translate it in the English, the original Arabic text has Ayesha (Sahih Bukhari, Volume 2 Chapter 37, pages 44-45) {{#invoke:citation/CS1|citation |CitationClass=web }}</ref> This form of marriage was outlawed by Islam, and traditional jurisprudence requires that any man and woman be married prior to sexual intercourse.<ref>Although the Salafi Islamic scholar, Muhsin Khan, did not translate it in the English, the original Arabic text has Ayesha (Sahih Bukhari, Volume 2 Chapter 37, pages 44-45) {{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="Marriage in the pre-Islamic era.2013 Islamweb">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> <ref name="Hadith 5127">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Nikāḥ Shighār

Nikāḥ Shighā is marriage (نکاح شغار) in which two men would exchange their daughters, sisters or other close women for marriage without paying mahr. It was prohibited by Muhammad.<ref>Sahih Bukhari 6960</ref><ref name="Hadith 5127"/><ref name="Marriage in the pre-Islamic era.2013 Islamweb"/>

Nikah Istibdaa

Nikah Istibdaa is a marriage ( نکاح استبضاع) in which a husband would send his wife to another person, usually of noble lineage, to have sexual relations with him. The husband would refrain from sexual relations with his wife until she became pregnant by the other man. Afterwards, the man would claim paternity of the conceived child. This was done to get a child of noble breed. It was eradicated by Islam.<ref>Sahih Bukhari 5127</ref><ref name="Marriage in the pre-Islamic era.2013 Islamweb"/>

Behavior within marriage

Spousal rights and obligations

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} Islam advocates a role-based relationship between husband and wife, where the husband has the main responsibility of earning and the wife of taking care of children. Fatwa and works on Islamic marriage often mention virtues such as "tranquillity, love and mercy".<ref name=Sultan-Obedience-islamonline/> "Kindness and patience"<ref name="Misr-obedient-2015"/> "love, mercy, kindness and mutual respect",<ref name="aliftaa.jo-obedience"/> "love, mercy, understanding and aiming to please Allah",<ref name="2020-Ahmad-IslamQA"/> that are to be shown by each partner to the other. As a Sahih al-Bukhari hadith narrated by Abd Allah ibn Umar states:

<templatestyles src="Template:Blockquote/styles.css" />

The Prophet said, "All of you are guardians and are responsible for your wards. The ruler is a guardian and the man is a guardian of his family; the lady is a guardian and is responsible for her husband's house and his offspring; and so all of you are guardians and are responsible for your wards."<ref>Sahih al-Bukhari: Volume 7, Book 62, Number 128</ref>{{#if:|

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Gender roles

The Qur'an asserts that there are innate differences between women and men,<ref name="Quran-3/36">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> and therefore Islam gives different rights and duties to husband and wife.<ref name=islamswomen-marriage>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Some rights which the husband owes to his wife are:

  • Payment of dowry
  • Financial Support
  • Kind and proper treatment
  • Privacy
  • Equitable treatment if there is more than one wife
  • Defense of her honor<ref name=islamswomen-marriage/>

Some rights which the wife owes to her husband are:

  • Accept his being leader of the household
  • Obedience, unless his order is violates Islam and her rights
  • To have marital relations with him when he wants
  • Not to allow anyone in the house whom he disapproves of
  • To protect his property
  • To show gratitude to him for his efforts
  • To not undertake a fast without his permission.<ref name=islamswomen-marriage/>

Obedience to husbands

Obedience to husbands can be a controversial subject. For example Salafi preacher Bilal Philips laments the fact that in Western society, "obedience to one's husband is not even considered a positive characteristic worthy of development in a woman".Template:Sfn

  • In a fatwa Shazia Ahmad (of the Shafi'i school of fiqh) explains to a frustrated wife that "obedience to the husband regarding [Islamically] permissible actions is obligatory", even if the wife supports herself working full time.<ref name="2020-Ahmad-IslamQA">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref>

  • In another fatwa, Sheikh Muhammed Salih Al-Munajjid (of the Hanbali school) gives as an explanation for why the wife must obey her husband that the husband "is more perfect in rational thinking than her in most cases ... just as women are more able than men to take care of the children and the household affairs. Also, men are obliged to spend on their wives; the wife does not have to work or earn a living".<ref name="Obeying IQaA 2001">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref>

  • According to Dr. Salah Sultan, (President of the American Center for Islamic Research in Columbus, Ohio, a member of the European Council for Fatwa and Research, and a "senior member" of the international Muslim Brotherhood),<ref name="Poole-2015">Template:Cite news</ref> "The man should be obeyed as long as there is no disobedience to Allah".<ref name=Sultan-Obedience-islamonline>{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref>

  • The Jordanian and Egyptian Dar-al-Ifta (Hanafi school) give slightly more qualified fatwas, stating the wife must obey, "in whatever preserves the stability of their new family and marital life." (Jordanian)Template:Efn or "according to what is equitable" (Egyptian).Template:Efn
  • Popular Muslim convert woman author Ruqayyah Waris Maqsood<ref name="beliefnet-review">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref> qualifies the necessity of obedience to husbands, saying that the man must "show the protection, the maintenance, and the strength" in order to receive a wife's "obedience and the co-operation".Template:Sfn

Physical discipline of wives/Darb

Concerning the husband's rights over his wife, Quranic verse 4:34 includes the section

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The word translated as "discipline them" -- aḍarb wahunna (Template:Lang) -- has been translated as

  • "discipline them ˹gently˺" (Dr. Mustafa Khattab, The Clear Quran),
  • "scourge them" (Marmaduke Pickthall),
  • "strike them" (quranwbw)<ref name="quran.com-4:34">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref> and in other ways.

The verse has been called "the so-called 'Wife Beating Verse'",<ref name="TMV-2019">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> and a number of sources have stated that it does not really call for beating/striking/scourging wives. Shaykh Yusuf Badat in a fatwa writes

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In analyzing the verse, The Muslim Vibe states that the stirking of the wife is actually "a non-violent, symbolic gesture".<ref name="TMV-2019"/> Sources that do not deny the verse calls for beating disobedient wives emphasize beatings must not be severe. Zakir Naik states the beating must not leave a mark on the wife,<ref name="How to beat your wife in Islam">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Bilal Philips states that any beating of a wife "must be light" (lashing is forbidden), and quotes a hadith forbidding men from hitting their wife "in her face".Template:SfnTemplate:Efn

Living with inlaws

The wife has the right to live in separate accommodation with her husband and children, if she does not want to share it with anyone like her in-law or relatives. This is the view of most of the Hanafi, Shaafa'i and Hanbali scholars of fiqh. She also has the right to refuse to live with her husband's father, mother and siblings.

Narrated Abdullah bin Umar: That he heard Allah's Apostle saying,

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This indicates that a wife is responsible for the house of her husband. Also that a man should be the guardian of his family, i.e., after his marriage he moves out of his father's house, and runs his own family affairs and is guardian of his family. In a joint family, typically the head is either the father of the husband, or mother of the husband. This also indicates that a husband should look after his parents' house, as "a man is a guardian of his father's property". So the wife should not object to her husband when he is looking after affairs of his parents.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Sexuality

Template:See also Sexuality in Islam is largely described by the Qur'an, Islamic tradition, and religious leaders both past and present as being confined to marital relationships between men and women, and between slave owners and enslaved females.<ref name="Sedick-IslamQA">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="IQaA13737">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> While most traditions discourage celibacy, all encourage strict chastity and modesty (see haya) with regards to any relationships across gender lines, holding forth that intimacy as perceived within Islam (encompassing a swath of life more broad than strictly sex) is to be reserved for marriage. As the sahih hadith of Al-Bukhari narrated by Abd Allah ibn Mas'ud states:

  • We were with the Prophet while we were young and had no wealth whatever. So Allah's Apostle said, "O young people! Whoever among you can marry, should marry, because it helps him lower his gaze and guard his modesty (i.e., his private parts from committing illegal sexual intercourse etc.), and whoever is not able to marry, should fast, as fasting diminishes his sexual desire."<ref>{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref>

While adulterous relationships are strictly forbidden, permissible sexual relationships within marriage are described in Islamic sources as a source of rewards from God, while satisfying sexual needs through illicit means are punishment. Not all marital sex is permitted; intercourse during daytime fasting (see sawm) and menstruation), and anal sex are forbidden.

Divorce

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Divorce according to Islamic law has a variety of forms, the main categories of Islamic customary law are talaq (repudiation), khulʿ (mutual divorce) and faskh (dissolution of marriage before the Religious Court).<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Historically, the official rules of divorce differed depending on the legal school, and sometimes diverged from legal theory.<ref name=OEIW-hist> Template:Cite encyclopedia</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> In modern times in Muslim-majority states, personal status (family) laws have been codified and control over the norms of divorce has shifted from traditional jurists to the state, but have generally remained "within the orbit of Islamic law".<ref name=OEIW-modern> Template:Cite encyclopedia </ref><ref> {{#invoke:citation/CS1|citation |CitationClass=web }} </ref>

Iddah

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A woman cannot marry for a certain period after a divorce or the death of her husband. This period is known as iddah (or iddat), which means "to count" — i.e. to count the monthly purifications after menstruation.<ref name="Desai-iddah"/> A marriage contracted by a woman during this period is not valid in Islam.<ref name="Desai-iddah"/>

The primary reason 'iddah is imposed is to be certain whether the woman is pregnant and so to determine the paternity of the child that may be born to her after the death of her husband or the dissolution of her marriage.<ref name="Desai-iddah">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Another reason is to observe mourning and express sorrow In if the husband has died.<ref name="Desai-iddah"/> Iddah periods vary according to the woman's situation and the school of fiqh setting the iddah:

  • The iddah for a divorcée who is still menstruating (is between menarche and menopause) is three menstrual cycles, no matter how long that takes (according to Hanafi school of fiqh).<ref name="Desai-iddah"/>
  • The iddah for a divorcee who is either too young or too old to menstruate is three lunar months (according to Muhammad Al-Munajjid).<ref>{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref>

  • A divorcée as well as a widow after menopause has the iddah of 3 months and 10 days. (Hanafi)<ref name="Desai-iddah"/>
  • A pregnant divorcée as well as a widow has iddah till the end of her pregnancy, whether the pregnancy ends in delivery, abortion or miscarriage. (Hanafi)<ref name="Desai-iddah"/>
  • A widow after menopause or before puberty has iddah for four lunar months and ten days, even if the marriage has not been consummated.(Hanafi)<ref name="Desai-iddah"/> (Quran 2:234 specifies iddah as being four lunar months and ten days).<ref name="Qureshi-Understanding">{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref>

  • There are other rules for if the woman is bearing twins, or if the husband dies while the wife is observing the 'iddah due to a divorce, and other circumstances.<ref name="Desai-iddah"/>

The periods above are not uniform among the four schools of Sunni fiqh and the 12er Shi'i school. Points of iddah may differ among the schools, specifically on:

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See also

Notes

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References

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Sources and further reading

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