Marriage

 

It is religiously obligatory upon one who would sin if that one was to avoid it. It is Sunnah for everyone else. It is prohibited for one to contract a marriage with someone who a Muslim had already contracted marriage with after an agreed upon acceptance, as well as with a woman in her waiting period before remarriage (al-‘idda).

 

It is recommended to celebrate with drums; although music, beating the triple tambourine (at-tadfīf), and singing are prohibited.

 

Its conditions are four:

• A contract which has the guardian’s approval (He is the male that is nearest in relations and morally responsible). Acceptance from the spouse or his representative of the like, in wording, in a gathering;
• Two just witnesses;
• The consent of the morally responsible woman with a verbal pronouncement. In the case of a young virgin, her silence is sufficient as long as there manifests no signs of the feeling of her disapproval.
• Designate her by name or other than that.      

 

The bridal dowry (mahr) is incumbent for the contract. It could be in the form of money or anything else beneficial. The minimum amount is ten pure qifāl. The complete designated amount is due before both or one of their deaths, intercourse, or seclusion. Only half of it is due before divorce or annulment. Whoever does not designate an amount, it is incumbent to name a fungible bridal dowry after intercourse or something pleasurable, like nice clothing, for divorce. There’s nothing owed by death except inheritance.

 

Annulment is permissible for each spouse provided there is a defect or inefficiency.

 

It is religiously obligatory that the husband provides adequate support (an-nafaqa) for the wife, as well as conventional clothing and good treatment. There must be equality between the wives regarding support, clothing, nights, mid-day naps, and how his time must be distributed between them through the week. It is religiously obligatory that he make up what he missed.

 

Marriage is invalidated by any manifestation of disbelief. For example, if one were to say he or she is a Jew. Similarly is the case if they differed in religion and so forth.

  

Divorce

 

It is not valid except from a morally responsible spouse. Only the sunnah divorce is permissible.

 

The two types of divorce are sunnah and innovated (bidi’).

 

The sunnah divorce is that which consists of only one pronouncement in the state of ritual purity while there is no intercourse. It is also a divorce that doesn’t take place during her menstruation prior to her purity. If the woman was not in the state of menstruation, the only condition is the pronouncement.

 

The innovated divorce is that which differs from the sunnah divorce. Whoever does it incurs sin, but the divorce is valid.

 

Divorce can be divided into revocable (raja‘i) and irrevocable (bā`in).

 

The revocable divorce is that which takes place after intercourse. One does not owe compensatory money, and it is not the third divorce. The judgments is that revocation of the divorce during the woman’s waiting period is permitted, as well as inheritance between the two of them, the woman leaving the house with his permission, and adornment. It is religiously obligatory for the husband to provide lodging. It is prohibited to marry her sister or a fifth wife until the divorced wife’s waiting period expires.

 

The irrevocable divorce is the absence of one of the revocable divorce’s conditions. Its judgment is the opposite of that of the revocable divorce. It’s immediate, and its conditions are based upon the condition.

 

The Khula’ Divorce     .      

It is only valid by the remaining money given to the husband by the wife due to her violation of marital duties. That money is returned due to the divorce. It is not permissible to pay anything more than the amount stipulated on the contract. It is an irrevocable divorce and prohibited for a revocable divorce. 

 

The Waiting Period before Remarriage

It is regarding that which is from divorce. It is not obligatory except after intercourse or seclusion.

 

The waiting period for the pregnant woman is during the pregnancy until the baby is completely formed.

 

The waiting period for the menstruating woman is three menstrual cycles outside of that period which the divorce took place.

 

If the menstruation ceases during the waiting period and menstruation occurred before the divorce then she must wait until it becomes menopause and it is 60 years of age. The climatic time and menopause is by three months. Similarly is the case for a minor.

 

In the case of a death, the waiting period is four months and ten days, whatever the case maybe.

 

In the case of a pregnant woman, her waiting period is to end of both terms delivery and four months, and ten days. 

 

The waiting period begins at the time that the mature and sane woman that is not pregnant is informed of the pronouncement of divorce, with death, and annulment, and that is happening to other than her.

 

It is religiously obligatory to provide adequate support during the whole period.

 

It is religiously obligatory for her to start counting her waiting period from the time she is informed that it is religiously obligatory to start.

 

The one in the waiting period does not stay away overnight except in her house, and she (may) leave during the day.

 

It is religiously obligatory that the morally responsible one observe the limits and avoid adorning oneself [e.g. putting make up, perfume and the like] in the case that it is not a revocable divorce.    

 

Swearing False Pronouncements to One’s Wife (Až-Žihār) 

It is prohibited and falsehood. It is not permissible to voice such oath.

 

It is to say to one’s wife that she is to him as the back of his mother. It is from objectionable speech and false swearing. One may explicitly say: “You are her [i.e. my mother’s] back.” “Her back is yours.” Similar is the case when one uses any other part of one’s mother. Contextually, it is also when one says: “You are as my mother” or similar.

    

One is prohibited from sexual intercourse and its precedents with [one’s wife] until one pays atonement after taking [the statement] back. It [i.e. taking the statement back] is exemplified by intending to have sexual intercourse with her. The atonement is the freeing of a slave, as we shall mention, God willing. The one who does not have a slave, that one should fast two consecutive months. If one is not able to do that, one feeds 60 needy persons. 

 

Oath of Refraining (al-Ilā`u)

It is to swear that one will not have intercourse with one’s wife absolutely or restricted to four months and onward.

 

The wife can request [from a judge] a removal from the abstention after its time frame. One is prevented from her until the divorce, until the one that has the physical ability to engage in intercourse breaks his oath, or until the one who is unable to do so speaks it, and is burdened [to perform intercourse] when able.

 

One does not atone for the oath unless after intercourse if the intercourse takes place during the period.

 

Allegation of Infidelity (al-Liā’n) 

Know that falsely accusing someone of fornication is considered amongst the gravest of prohibitions! Its prohibition is proven by the statement of the Exalted: {...do not ever accept from them any testimonies, since they are the defiantly disobedient} (Q. 24:4).

 

Therefore, the one who falsely accuses his wife by saying: “She is an adulteress!” in front of the Imam-if one does not find the claim of the husband to be true from evidence and there is no confession from the wife in the presence of a judge-he urges them to tell the truth and warns them of lying. If they decline to swear, he says to the husband: “Say: I swear by Allah that I am true in my accusation that my wife committed adultery!” four times. She is to say: “I swear by Allah, he is amongst the liars for accusing me of such!” four times.

 

Afterwards, the judge annuls their marriage. He rules that the child is denied if he [i.e. the father] denies the child. The penal application is not applied after that. Kinship is repudiated and the marriage is thereby annulled. The bed relation is lifted and they are prohibited for life.  

 

It is recommended for one to confirm it a fifth time, (to Stand up), and to avoid being in mosques. 

 

 

Upbringing (al-Hiđana)

It is the educating of baby until the time that they can independently eat, drink, clothe themselves, and sleep.

 

The primary one in charge of this is the mother, then her mothers, then the free father, then the maternal aunts, then the mothers of the free father until the end.

 

After this independence, the father is in charge of the male, and the mother is in charge of the female. [The mother] is in charge of both when there is no father.

 

Adequate Support

It is religiously obligatory that the husband provides it for the wife, as well as the divorced woman during her waiting period. It must be sufficient support and clothing except in the case of violation of marital duties.

 

It should be according to the state of the husband, whether it be hardship, ease, time, or place.

 

Adequate support for a child without intellect is dependent upon its father; then his own money. The child with intellect and maturity is dependent upon his parents to support him according to inheritance share of each, except the one who has a child who is able to support then it is his obligation to support [his parents.] It is obligatory for the able-bodied person to provide adequate support to the disabled who inherit rights. If they are in great number, then it is according to the inheritance rights.

 

One’s clothes, lodging, and services are provided in the case of helplessness.

 

The master is religiously obligated to provide sufficient possessions for the servant. He is religiously obligated to provide at least the bare minimum of existence for the one whose blood is prohibited to spill.

 

It is religiously obligatory for the owner of livestock to feed it. Otherwise, s/he must sell it or set it free to graze.

 

Hospitality is religiously obligatory upon the Bedouins and the like (ahl al-wabr).

 

Foster Relationships (ar-Riđa‘a)

It refers to the one whose age is under two and in whose throat or nose has entered the human milk of female who is at least ten years from birth, even if [the breast-feeder] was dead or a virgin. Foster parentage is established for her and her husband. He becomes a son to them. It is prohibited for them to marry and so forth from the laws of parentage.  

 

The ruling of foster parentage is only established by confirmation of him or clear evidences from her.

 

It is religiously obligated to act upon overwhelming assumption in the case of prohibiting marriage.