Islamic marital jurisprudence

This article is about details of Islamic marriage fiqh or jurisprudence. For details on marriage practices and customs in Islam, see Islamic marital practices. For for an overview of marriage in Islam, see Marriage in Islam.

In Islamic law (sharia), marriage (Arabic: نکاح, romanized: nikāḥ) is a legal and social contract between a man and a woman. In the religion of Islam^[1] it is generally strongly recommended that adherents marry.^[2][3]

Islamic marriage ceremony

Witnesses

In Sunni Islam two witnesses from both sides^[4] 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.^[5] 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.).^[6]

In Shia Islam (aka Imamiyyah Islam), according to Muhammad Juwwad Mughniyyah, witnesses to a marriage are not wajib (required) but only mustahabb (recommended).^[7][8]

Should a Muslim get married

Many Muslim activists urge Muslims to marry.^[2][3] There are many hadith recommending marriage as long as a (Muslim) man can afford it,^[9] and some that encourage marriage even if he has trouble affording it.^[10][11][12]

• "When a man marries he has fulfilled half of the religion; so let him fear God regarding the remaining half".^[13]
• "(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".^[9]
• "Marry even with an iron ring".^[9][10]
• 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".^[9]
• 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".^[9]
• Imam Ahmad said: "Celibacy is not part of Islam."^[9]
• "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."^[14]

Rulings

According to scholars such as Sheikh Sayyed Sabiq and Al-Qurtubi (1214–1273) and according to the consensus of scholars (according to Islamweb),^[15][16]

• 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;^[15]
• marriage is only recommended (mustahabb) for a Muslim if he does not fear committing something forbidden;^[15]
• 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).^[15][9] Similarly the woman must not have defects such as "narrowness or blockage of her vagina, ... that hinders penile insertion", or similar problems.^[16]

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)^[11][12]

Nikah/Islamic marriage contract

Main article: Islamic marriage contract

If the conditions are met and a mahr 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".^[17] Traditionally, both the bride and groom respond "Qubool" (meaning "I accept") three times,^[18] (though only an indication of agreement is necessary according to fiqh, and not these particular words).^[19] Following the verbal aspect of nikah the marriage contract is signed. From this point on, the couple are a married couple.^[20]

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.^[21][a]

Walima

Main article: Walima

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.^[b] 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.^[23] 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.^[24]

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).

Consent of the bride

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.)^[25][26]

As the Quran, hadith and scholar Ibn Taymiyyah state:^[27]

• "O you who have believed, it is not lawful for you to inherit women by compulsion..." (Quran 4:19)^[27]
• 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]^[28]
• 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]^[26][25]

Ibn Taymiyyah stated that Muhammad "prohibited forcing a virgin in marriage without her permission, whether by her father or anyone else."^[28][26]

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."^[29][25] Shafi'i recommends strongly that daughters who are no longer minors be consulted before being married to someone.^[30]

Wali

A wali is a "custodian", "protector" or guardian. The walī mujbir (وَلِي مُجْبِر) is a wali of the bride with "full power to endorse a marriage on behalf of everyone under his care."^[31] In most schools of Islamic law, only the father or the paternal grandfather of the bride can be walī mujbir.^[32] 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.^[33]

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." ^[34][17]

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.'" ^[35]

The role of the wali in approving the marriage is particularly significant for women who have not previously been married;^[36] their permission^[37] being compulsory for Maliki, Shafi'i, Hanbali schools in Sunni Islam, strongly recommended in Hanafi,^[c] 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.^[d] To the Hanbali, Shafi'i, and Maliki Sunni schools, a walī 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 walī to sign a marriage contract.^[40][e] However, according to one source, divorced or widowed women still needs a wali's permission to marry.^[43] To Shia it may vary according to the religious scholar.^{[citation needed][f]}

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".^[37][36]

Separation of the sexes

Further information: Islam and gender segregation

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.^[47] 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).^[g] 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".^[50]

In addition kissing is prohibited before the nikah — notwithstanding its prominent place in non-Muslim marriages — according to scholars such as Muhammad Al-Munajjid,^[51] Abu Ameenah Bilal Philips,^[52] and Abdurrahman ibn Yusuf Mangera.^[53] (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;^[52] Mangera says that "expression of this type of interaction in public can lead to an unrestricted, carefree and immoral atmosphere which Islam forbids.")^[53]

Mahr

Main article: Mahr

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.^[54]

The practice is reportedly mentioned in the Quran.

• "And give the women [upon marriage] their [bridal] gifts graciously." (Quran 4:4)^[54][h]

At least according to fatwa given in Hanafi^[55] and Hanbali^[56] 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.^[54] 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).^[57]

• 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.^[58]
• Al-Mahr al-Musamma — is a mahr whose amount agreed upon by the couple and specified by them in the contract.^[59]
• 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".^[60] What is "typically" received by similar brides.^[61]

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.^[62]

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):

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)

See also: Cousin marriage in the Middle East

Not forbidden are cousins, including first cousins, who though genetically close are not mahram.^{[63][64] [65][66][67]}

Others forbidden

Also forbidden to marry is anyone of the same sex,^[68] anyone who has had the same wetnurse feed them,^[i] and polytheists (mushrikun).^[74]

Permissible age

Islam encourages early marriage.^[75][76]

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)^[75][76]

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.^[77] 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".<sup>[78]</sup> 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."^[79]

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).^[80]

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.^{[citation needed]} Some evidence supporting both sides can be seen in the following hadith of Muhammad:^{[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).^[81]

• 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."^[82]

However, some Islamic sources indicate that this was something allowed specifically for Muhammad, and not for other Muslims.^{[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.^[79]

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.^[83][84]

• Women of purity are for men of purity, and men of purity are for women of purity (Quran 24:26)

According to fatwa by a shaykh of the Hanafi school it is allowed to marry a repentant fornicator,^[85] 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.^[86]

Interfaith marriage

Main article: Interfaith marriage in Islam

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".^[87]

The Qur'an explicitly allows Muslim men to marry chaste women of "the People of the Book", (i.e. Jews, Christians and Sabians),^[88][89][90]

• 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)^[91]

... 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.^{[89][92][93][j]}

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.^[41] 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,^[87][93] (such as Hassan Al-Turabi),^[95] and are criticized for contravening the traditional Sunni understanding of ijma.^[93]

Polygyny

Main article: Polygyny in Islam

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".^[96]

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.^[97][98][k] Others, such as Saudi-educated preacher Bilal Philips^[l] and Jamila Jones, inveigh against banning or discouraging polygyny based on "restrictive impractical" Western norms,^[99] 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.^[100]

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.^[101]

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).^[102]

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.^[103] 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.".^[104] 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.^[105]

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,^[106] 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.^{[107][108][109]}

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.^[110] 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".^[111] 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.).^[112]

Types of marriage

Nikāḥ

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

Main article: Islamic marital practices

The Nikāḥ (Arabic: نكاح, literally, "to collect and bind together")^[113] is the first—and most common—form of marriage for Muslims. It is described in the Qur'an in Surah 4 verse 4,^[114] (and above).

Among its regulations are:^[115]

• 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.^[115]
• 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

Main article: Nikah misyar

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.^[116] 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."^[117]

Nikāḥ 'urfī

Main article: Nikah 'urfi

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.^[118]

Nikāḥ mut'ah

Main article: Nikah mut'ah

Nikah mut'ah^[119][120] Arabic: نكاح المتعة, romanized: nikāḥ al-mutʿah, literally "pleasure marriage"; temporary marriage^{[121]: 1045} or sigheh^[122] (Persian: صیغه ، ازدواج موقت, called muta'a in Iraq and sigheh in Iran) is a private and verbal temporary marriage contract that is practiced in Twelver Shia Islam^[123] in which the duration of the marriage and the mahr must be specified and agreed upon in advance.^{[119][124][125]: 242 [126]: 47–53} 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.^[127]

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.^{[128][129][130]}

Some sources say the nikah mut'ah has no prescribed minimum or maximum duration,^[131] 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.^[119]

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.^[132][133] 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."^[134] 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."^[135]

Nikah halala

Main article: Nikah halala

Nikah halala also known as tahleel marriage,^[136] 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^[137] -- 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.^{[138][139][140]} Nikah halala is practiced by a small minority of Muslims, mainly in countries that recognise the triple talaq.^[141][142]

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

Further information: Levirate marriage

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.^[143]

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.Surah An-Nisa 4:22

Nikāḥ Ijtimaa

Main article: Nikah Ijtimah

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.^[144] This form of marriage was outlawed by Islam, and traditional jurisprudence requires that any man and woman be married prior to sexual intercourse.^{[145][146] [147]}

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.^{[148][147][146]}

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.^[149][146]

Behavior within marriage

Spousal rights and obligations

Main article: Rights and obligations of spouses in Islam

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".^[150] "Kindness and patience"^[151] "love, mercy, kindness and mutual respect",^[152] "love, mercy, understanding and aiming to please Allah",^[153] that are to be shown by each partner to the other. As a Sahih al-Bukhari hadith narrated by Abd Allah ibn Umar states:

The Prophet said, "All of you are guardians and are responsible for your wards. The ruler is a guardian and the man is a guardian of his family; the lady is a guardian and is responsible for her husband's house and his offspring; and so all of you are guardians and are responsible for your wards."^[154]

Gender roles

The Qur'an asserts that there are innate differences between women and men,^[155] and therefore Islam gives different rights and duties to husband and wife.^[156]

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^[156]

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.^[156]

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".^[157]

• 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.^[153]
• 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".^[158]
• 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),^[159] "The man should be obeyed as long as there is no disobedience to Allah".^[150]
• 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)^[m] or "according to what is equitable" (Egyptian).^[n]
• Popular Muslim convert woman author Ruqayyah Waris Maqsood^[160] 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".^[161]

Physical discipline of wives/Darb

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

...As for women of whom you fear rebellion, convince them, and leave them apart in beds, and discipline them. Then, if they obey you, do not seek a way against them. Surely, God is the Highest, the Greatest ....".

The word translated as "discipline them" -- aḍarb wahunna (ﺁضربوهن) -- has been translated as

• "discipline them ˹gently˺" (Dr. Mustafa Khattab, The Clear Quran),
• "scourge them" (Marmaduke Pickthall),
• "strike them" (quranwbw)^[162]

and in other ways.

The verse has been called "the so-called 'Wife Beating Verse'",^[163] 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

The Arabic word 'ḍarb' has many meanings. Refer to Arabic linguistic manuals and Fiqh terminology. It can certainly mean 'beat' but here the verse, in today's context, the more appropriate translation would be 'take measures of discipline and reconciliation'.^[164]

In analyzing the verse, The Muslim Vibe states that the stirking of the wife is actually "a non-violent, symbolic gesture".^[163] 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,^[165] 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".^[166][o]

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,

"Everyone of you is a guardian and is responsible for his charge; the ruler is a guardian and is responsible for his subjects; the man is a guardian in his family and responsible for his charges; a woman is a guardian of her husband's house and responsible for her charges; and the servant is a guardian of his master's property and is responsible for his charge." I definitely heard the above from the Prophet and think that the Prophet also said, "A man is a guardian of his father's property and responsible for his charges; so everyone of you is a guardian and responsible for his charges." [Sahih Bukhari]^[168]

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.^[169]

Sexuality

See also: Concubinage in Islam

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.^[170][171] 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."^[172]

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

Main article: Divorce in Islam

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).^[173] Historically, the official rules of divorce differed depending on the legal school, and sometimes diverged from legal theory.^[174][175] 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".^[176][177]

Iddah

Main article: Iddah

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.^[178] A marriage contracted by a woman during this period is not valid in Islam.^[178]

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.^[178] Another reason is to observe mourning and express sorrow In if the husband has died.^[178] 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).^[178]
• The iddah for a divorcee who is either too young or too old to menstruate is three lunar months (according to Muhammad Al-Munajjid).^[179]
• A divorcée as well as a widow after menopause has the iddah of 3 months and 10 days. (Hanafi)^[178]
• 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)^[178]
• 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)^[178] (Quran 2:234 specifies iddah as being four lunar months and ten days).^[180]
• 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.^[178]

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:

• the 'iddah of a wife separated from her husband due to divorce or annulment of marriage;
• the 'iddah of a widow;
• the 'iddah of a woman copulated by mistake;
• the relief of an adulteress (from menses);
• and the 'iddah of a wife whose husband has disappeared.^[181]

See also

• Marriage in Islam
• Islamic marital practices
• Beena – a form of marriage used in pre-Islamic Arabia
• Concubinage in Islam
• Islamic views on slavery
• The Sermon for Necessities
• Women in Islam
• Salat al-Istikharah - A prayer for seeking decisions from Allah, also observed for decision making in choosing spouse in marriage

Notes

1. Various traditions may differ in how Nikah is performed because different groups accept different texts as authoritative. Therefore, Sunnis will likely accept the hadith of Muhammad al-Bukhari, while Shia will have their own collections, for example Furu al-Kafi, thus producing different procedures. This contract requires the consent of both parties. There is a tradition in some Muslim countries to pre-arrange a marriage for young children. However, the marriage still requires consent for the wedding to legally take place.
2. According to another source, The Fiqh of Marriage in the Light of the Quran and Sunnah by Salih Sadlan, a "well known opinion" among Maliki and Hanbali scholars is that a wedding Waleemah is "strongly recommended" according to "the majority of scholars".^[22]
3. According to Central Mosque website, "the relied upon position" within the Hanafi School is that if the bride is "a free, sane and adult" woman her marriage is still valid without the approval of her guardian (wali) if the husband is a "'legal' and suitable match (kuf')" to her. Conversely, if the husband-to-be is not a legal match for her, then her marriage is not valid. However, "disobeying one's parents is one of the most serious of sins in Islam". (Radd al-Muhtar ala 'l-Durr al-Mukhtar 3/56-57 & I'la al-Sunan 11/69)^[37]
4. • A fatwa by one Shaykh Ebrahim Desai interpreting Hanafi Fiqh states that it is "not necessary" for a women to obtain permission from her Wali to marry or to be represented by a Wali at her Nikah. The wali may object if the woman is marrying someone "outside of her scope of Kufu (compatibility)", but not forbid the marriage.^[38]
   • A fatwa by another scholar, Ebrahim Saifuddin, emphasized that a marriage without the wali's approval should be done only as a last resort and that if "the woman marries herself off to someone who is unsuitable" (ghair kufu′), then the marriage is null and void.^[39]
5. Another source, Cyril Glasse, also states that the Maliki and Shafi'i schools of Islamic jurisprudence require that if the bride is a virgin, she must be represented by a wali at her wedding.^[41] According to some sources (such as IslamOnline), Islam stipulates that a Muslim woman should have a guardian or wali, (usually her father) conclude her marriage,^[42] as the wali's oversight are part of the legislation of Islam that protects women from the "desires of the ill-hearted and evil opportunists" within the rights and independence that Islam grants her.^[42]
6. According to one scholar (Muhammad Jawad Mughniyya), a wali's approval to marry is not at all obligatory if a girl is of full age and sound mind, whether or not she is a virgin.^[44] Another fatwa by a Shia scholar (Zaid Alsalami) maintains the bride must either not be a virgin (be divorced or widowed) or be "completely independent in all her decisions (rashidah)" to be exempt from requiring the consent of their "shar'i guardian" (wali).^[45] A third scholar, (Sayyed Mohammad Al-Musawi), A virgin girl requires the approval of her father or paternal grand father to marry.^[46]
7. Fatwaa from Salih Al-Munajjid^[48] and Ustadh Tabraze Azam^[49] also limit to the woman's face and hands what the prospective groom is allowed to see.
8. Also reportedly mentioned are verses on the importance of not taking back mahr after a divorce.

   4:19 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.
   4:20 If you desire to replace a wife with another and you have given the former ˹even˺ a stack of gold ˹as a dowry˺, do not take any of it back. Would you ˹still˺ take it unjustly and very sinfully?
   4:21 And how could you take it back after having enjoyed each other intimately and she has taken from you a firm commitment?

9. Marriage to what is sometimes described as foster relations in English is not permitted, although the concept of "fosterage" is not the same as is implied by the English word. The relationship is that formed by suckling from the breast of a wet nurse. This is what is meant by "fosterage" in Islam in the quotation below. In Islam, the infant is regarded as having the same degree of affinity to the wet nurse as in consanguinity, so when the child grows up, marriage is prohibited to those related to the wet nurse by the same degree as if to the child's own mother.

   A hadith (reports) confirm that fosterage does not happen by a chance suckling; it refers to the first two years of a child's life before it is weaned.^{[69][70][71][72]} Islahi writes that "this relationship is established only with the full intent of those involved. It only comes into being after it is planned and is well thought of".^[73]

10. Khaled Abou El Fadl writes: "all schools of thought prohibited a Muslim woman from marrying a man who is a kitabi (among the people of the book). I am not aware of a single dissenting opinion on this, which is rather unusual for Islamic jurisprudence because Muslim jurists often disagreed on many issues, but this is not one of them."
    In answer to why this is so, Abou El Fadl argues that the Quran forbids Muslim from marrying unbelievers but verse al-Ma'ida verse 5, makes an "exception in the case of a Muslim man marrying a kitabiyya. There is no express prohibition in the Qur'an or elsewhere about a Muslim woman marrying a kitabi. However, the jurists argued that since express permission was given to men, by implication women must be prohibited from doing the same. The argument goes: If men needed to be given express permission to marry a kitabiyya, women needed to be given express permission as well, but since they were not given any such permission then they must be barred from marrying a kitabi."^[94]
11. "recommended", (mandub or Makruh), along with halal, haram, wajid, etc. are categories of ruling in fiqh
12. who holds a Ph.D. in Islamic Studies
13. the fatwa quoted ruled that "the husband should permit his wife to visit her family" and allow her family to visit her.^[152]
14. The fatwa quoted included traditional rules (that the wife have sex with her husband when he wants and not leave the house or allow anyone in the house without her husband's permission) but also emphasized that he must not mistreat and abuse her, or oppress her by "imposing difficulties upon her."^[151]
15. Farewell Sermon of Muhammad also mentions beating of wives and that these beatings must not be severe: "Treat your women kindly, for they resemble prisoners in your hands... if they are guilty of flagrant misbehaviour, you may remove them from your beds, or beat them, but do not inflict upon them any severe punishment!"^[167]