CONCEPT OF MARRIAGE IN ISLAM Marriage is an integral part of a Muslim’s life, indeed it is too important in our religion Islam that it is considered to be one half of one’s Faith. Islam is not like the other religions that support and promote monasticism or celibacy, but it is a just religion and it takes the middle way in sexual relations, it neither allows it freely, nor does it condemn it like the other certain religions. Marriage is a great virtue and a means of salvation in our religion (Islam). It is our religious duty and a moral safeguard. Marriage is a contract made by male and female to live together as wife and husband and a tie that strengthen their relationship. It is because of this holy tie that families are established in our societies and communities. Moreover, it is the lawful and legitimate way to indulge in intimacy between a man and woman.

1. 4/30/2018
CONCEPT OF MARRIAGE IN ISLAM
Islamic Personal Law
Name: - IHSAN ULLAH
Roll No. : - 11
LL.B.:- 5YEARS
Semester: - 5th
Assignment on: - CONCEPT OF MARRIAGE IN ISLAM
Subject: - ISLAMIC PERSONAL LAW
Submitted To: - Sir SHAMS ULLAH

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Table of Contents
CONCEPT OF MARRIAGE IN ISLAM.............................................................................2
MEANING:..................................................................................................................................2
OBLIGATION AND LEGALITY IN QURAN ..................................................................2
THE MARRIAGE IN SUNNAH ...........................................................................................3
MARRIAGE IN ISLAM...........................................................................................................3
THE PURPOSE OF MARRIAGE........................................................................................4
PROCREATION (CHILDREN)..........................................................................................4
IS MARRIAGE OBLIGATORY? .........................................................................................5
SELECTION OF A PARTNER: ...........................................................................................5
CONSENT OF PARTIES. ......................................................................................................6
THE HUSBAND/WIFE RELATIONSHIP......................................................................6
THE WIFE OBLIGATIONS - THE HUSBANDS RIGHTS........................................ 7
OBEDIENCE............................................................................................................................. 7
DIFFERENT ASPECTS OF MARRIAGE........................................................................8
MUSLIM WOMAN AND NON-MUSLIM MAN .............................................................10
MUSLIM MAN AND NON-MUSLIM WOMAN: ............................................................10
MARRIAGE WITH KUFFARS .......................................................................................... 11
MARRIAGE WITH JEWS: ................................................................................................. 11
THE MARRIAGE CONTRACT IN THE PRE-ISLAMIC PERIOD ....................... 11
I. Marriage by agreement.....................................................................................................12
II. Marriage by Mahr ..........................................................................................................12
III. Marriage by capture ......................................................................................................12
IV. Marriage by inheritance................................................................................................13
V. Beena................................................................................................................................13
DIVORCE IN ISLAM ............................................................................................................13
TALAQ (REPUDIATION) ...................................................................................................13
TALAQ AL-BID'AH AND TRIPLE TALAQ....................................................................13
TAFWID (DELEGATED TALAQ)....................................................................................14
JUDICIAL DIVORCE ...........................................................................................................14
DOWER (MAHR) IN DIVORCE.......................................................................................14

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CONCEPT OF MARRIAGE IN ISLAM
Marriage is an integral part of a Muslim’s life, indeed it is too important in our religion Islam that
it is considered to be one half of one’s Faith. Islam is not like the other religions that support and
promote monasticism or celibacy, but it is a just religion and it takes the middle way in sexual
relations, it neither allows it freely, nor does it condemn it like the other certain religions. Marriage
is a great virtue and a means of salvation in our religion (Islam). It is our religious duty and a moral
safeguard. Marriage is a contract made by male and female to live together as wife and husband
and a tie that strengthen their relationship. It is because of this holy tie that families are established
in our societies and communities. Moreover, it is the lawful and legitimate way to indulge in
intimacy between a man and woman.
MEANING:
Marriage (An-Nikah or Az-Zawaj) is a legal contract enabling each spouse to have enjoyment with
the other.
The original meaning of the word nikkah is the physical relationship between man and woman. It
is also used secondarily to refer to the contract of marriage which makes that relationship lawful.
Which of the two meanings is intended can be determined by the context in which it is used.
As for the definition of marriage in fiqh, the simple definition would go something like this:
"A contract that results in the two parties physically enjoying each other in the manner allowed by
the Shari'ah."
Since this only focuses on one aspect of the marriage contract, Muhammad Abu Zahrah (a modern
scholar) defines it like this:
"A contract that results in the man and woman living with each other and supporting each other
within the limits of what has been laid down for them in terms of rights and obligations."
"It is a mutual contract between a man and a woman whose goal is for each to enjoy the other,
become a pious family and a sound society."
OBLIGATION AND LEGALITY IN QURAN
Our Lord and Creator, Allah Himself commands us to marry. He says:
“And marry those among you who are single and (also marry) the Saliheen (pious) of your (male)
slaves and maidservants.” (An-Nur 24:32).
The scholar of Islam stated that because of this verse marriage is an obligatory act and a religious
duty. Marriage is a legal act. This is based on the statement of Allah:

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“Then marry (other) women of your choice, two or three, or four; but if you fear that you shall not
be able to deal justly (with them), then only one or (slaves) what your right hands possess.” (An-
Nisa 4:3).
THE MARRIAGE IN SUNNAH
There are numerous Ahadith that instruct us to marry. The Prophet of Islam, Muhammad (PBUH)
himself married and encouraged others to marry too. It is obligatory for whoever is able to find the
provisions or has the means to do so and fears committing what is forbidden. It has been reported
that the Messenger of Allah (PBUH) said:
“O young men! Whoever among you can afford it, let him get married, for it is more effective in
lowering the gaze and guarding chastity.” (Al-Bukhari 5065).
“Marry the loving and the fertile. For, verily I will compete by your numbers against the other
nations on the Day of Resurrection.” (Ibn Hibban 198).
Marriage in Islam is from the Sunnah (legal ways) of the Prophet (PBUH). The Prophet (PBUH)
himself said: “By Allah, I am more submissive to Allah and more afraid of Him than you; yet I
observe fast and forsake it, I do offer prayer and also do sleep and I also marry women. So he who
does not follow my Sunnah (legal ways) in religion, is not from me (not one of my followers).”
(Al-Bukhari 5063).
SOME LOGICS BEHIND:
Marriage in Islam has a range of logics behind. Some of them are given below.
 Fulfilling the religious obligation and duty.
 Continuing the existence of the human race through the procreation process, which is a
direct result of marriage.
 Fulfilling the need of each spouse by the other, in order to maintain their chastity by
satisfying natural sexual desires.
 Cooperation of each partner in raising the progeny and preservation of its life.
 Organizing the relationship between a husband and wife upon the foundation of
exchanging rights with one another and mutual assistance that comes about in the circle of
love, affection, respect and honor of each other.
 It is an essential element in the proper and actual upbringing of children.
 It safeguards from the sins of fornication, homosexuality and masturbation.
Finally, we ask Allah to guide us to the Right Path, grant us ample resources to marry and to guard
our chastity, make us capable to act upon His commands and to follow the Sunnah of His beloved
Prophet Muhammad (PBUH). Ameen
MARRIAGE IN ISLAM.
Islam, unlike other religions is a strong advocate of marriage. There is no place for celibacy like,
for example the Roman Catholic priests and nuns. The prophet (pbuh) has said "there is no celibacy
in Islam.

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Marriage is a religious duty and is consequently a moral safeguard as well as a social necessity.
Islam does not equal celibacy with high "taqwa" / "Iman". The prophet has also said, "Marriage is
my tradition who so ever keeps away there from is not from amongst me".
Marriage acts as an outlet for sexual needs and regulate it so one does not become a slave to his/
her desires.
It is a social necessity because through marriage, families are established and the family is the
fundamental unit of our society. Furthermore, marriage is the only legitimate or halal way to
indulge in intimacy between a man and a woman.
Islam takes a middle of the road position to sexual relations, it neither condemns it like certain
religions, nor does it allow it freely. Islam urges us to control and regulate our desires, whatever
they may be so that we remain dignified and not become like animals.
THE PURPOSE OF MARRIAGE.
The word "zawj" is used in the Qur'an to mean a pair or a mate. In general it usage refers to
marriage. The general purpose of marriage is that the sexes can provide company to one another,
love to one another, procreate children and live in peace and tranquility to the commandments of
Allah.
* Marriage serves as a means to emotional and sexual gratification and as a means of tension
reduction. It is also a form of Ibadah because it is obeying Allah and his messenger - i.e. Marriage
is seen as the only possible way for the sexes to unite. One could choose to live in sin, however by
choosing marriage one is displaying obedience to Allah.
Marriage is "mithaq" - a solemn covenant (agreement). It is not a matter which can be taken lightly.
It should be entered into with total commitment and full knowledge of what it involves. It is not
like buying a new dress where you can exchange it if you don't like it. Your partner should be your
choice for life. One should be mature enough to understand the demands of marriage so that the
union can be a lasting one. For a marriage to be valid certain conditions must be met.
1. Consent of both parties.
2. “Mahr" a gift from the groom to his bride.
3. Witnesses- 2 male or female.
4. The marriage should be publicized, it should never be kept secret as it leads to suspicion
and troubles within the community.
PROCREATION (CHILDREN)
One of the most important purposes of marriage is to continue and increase the population of the
Muslims. Clearly, this goal could be achieved without marriage, but when actions are undertaken
in disobedience to Allah, they do not receive the blessing of Allah and the whole society is
corrupted. The Prophet (peace and blessings be upon him) said:
"Marry, for I will outnumber the other nations by you on Qiyama." [Ibn Majah - Sahih]

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It should be stressed that the goal is not simply to produce any child that will live in the next
generation. It is to produce righteous children who will be obedient to Allah and who will be a
source of reward for their parents after they die. The Prophet (peace and blessings be upon him)
will NOT be boasting before the other nations on the day of Qiyama with children of Muslim
parents who left the path of Islam. Thus it is the responsibility of Muslim parents to seek the means
of giving their children the training and education they need not just to grow, but to succeed as
Muslims worshipping and obeying Allah. This obligation may include migration (hijrah),
establishing of Muslim communities and schools and other obligations. As the scholars have said
in another principle of fiqh:
"That without which an obligation cannot be fulfilled is itself obligatory."
IS MARRIAGE OBLIGATORY?
According to Imams Abu Hanifah, Ahmad ibn Hanbal and Malik ibn Anas, marriage is
recommendatory, however in certain individuals it becomes wajib/obligatory. Imam Shaafi'i
considers it to be nafl or mubah (preferable). The general opinion is that if a person, male or female
fears that if he/she does not marry they will commit fornication, then marriage becomes "wajib".
If a person has strong sexual urges then it becomes "wajib" for that person to marry. Marriage
should not be put off or delayed especially if one has the means to do so.
A man, however should not marry if he or she does not possess the means to maintain a wife and
future family, or if he has no sex drive or if dislikes children, or if he feels marriage will seriously
affect his religious obligation.
The general principle is that prophet (pbuh) enjoined up in the followers to marry.
He said "when a man marries, he has fulfilled half of his religion, so let him fear Allah regarding
the remaining half." This hadith is narrated by Anas. Islam greatly encourages marriage because
it shields one from and upholds the family unit which Islam places great importance.
SELECTION OF A PARTNER:
The choice of a partner should be the one with the most "taqwa" (piety). The prophet recommended
the suitors see each other before going through with marriage. It is unreasonable for two people to
be thrown together and be expected to relate and be intimate when they know nothing of each
other. The couple are permitted to look at each other with a critical eye and not a lustful one. This
ruling does not contradict the ayah which says that believing men and women should lower their
gaze.
- The couple, however are not permitted to be alone in a closed room or go out together alone. As
the hadith says "when a man and a woman are together alone, there is a third presence i.e. shaitan.
- There is no concept of courtship in Islam as it is practised in the west. There is no dating or living
in defacto relationship or trying each other out before they commit to each other seriously. There
is to be no physical relationship what so ever before marriage. The romantic notions that young
people often have, have proven in most cases to be unrealistic and harmful to those involved. We
only have to look at the alarming divorce rate in the west to understand this point. e.g. the couple

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know each other for years, are intimate, live together and so on yet somehow this does not
guarantee the success of the future marriage. Romance and love simply do not equal an everlasting
bond between two people.
Fact: Romance and love die out very quickly when we have to deal in the real world. The
unrealistic expectations that young people have is what often contributes to the failure of their
relationship.
- The west make fun of the Islamic way of marriage in particular arranged marriage, yet the irony
is that statistically arranged marriages prove to be more successful and lasting than romantic types
of courtship.
This is because people are blinded by the physical attraction and thus do not choose the compatible
partner.
Love blinds people to potential problems in the relationship. There is an Arabic saying: which says
"the mirror of love is blind, it makes zucchini into okra". Arranged marriages on the other hand,
are based not on physical attraction or romantic notions but rather on critical evaluation of the
compatibility of the couple.
This is why they often prove successful.
CONSENT OF PARTIES.
There is a halal arranged marriage and a haram one. It is OK to arrange marriages by suggestion
and recommendation as long as both parties are agreeable. The other arranged marriage is when
parents choose the future spouse and the couple concerned are forced or have no choice in the
matter.
One of the conditions of a valid marriage is consent of the couple.
Marriage by definition is a voluntary union of two people.
The choice of a partner by a Muslim virgin girl is subject to the approval of the father or guardian
under Maliki School. This is to safeguard her welfare and interests. The prophet said "the widow
and the divorced woman shall not be married until she has consented and the virgin shall not be
married until her consent is obtained. The prophet did revoke the marriage of a girl who
complained to him that her father had married her against her wishes.
THE HUSBAND/WIFE RELATIONSHIP.
-The wife’s rights - the Husbands obligations.
1. MAINTENANCE
The husband is responsible for the wife’s maintenance. This right is established by
authority of the Qur'an and the Sunnah. It is inconsequent tial whether the wife is a Muslim,
non-Muslim, rich, poor, healthy or sick. A component of his role as "qawam" (leader) is to
bear the financial responsibility of the family in a generous way so that his wife may be
assured security and thus perform her role devotedly.

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The wife’s maintenance entails her right to lodging, clothing, food and general care, like
medication, hospital bills etc. He must lodge her where he resides himself according to his
means. The wife’s lodge must be adequate so as to ensure her privacy, comfort and
independence.
If a wife has been used to a maid or is unable to attend to her household duties, it is the
husband’s duty to provide her with a maid if he can afford to do so. The prophet is reported
to have said: The best Muslim is one who is the best husband.
2. "MAHR "
The wife is entitled to a marriage gift that is her own. This may be prompt or deferred
depending on the agreement between the parties. A marriage is not valid without mahr. It
does not have to be money or gold. It can be non-material like teaching her to read the
Qur'an. “Mahr" is a gift from the groom to the bride. This is the Islamic law, unlike some
cultures whereby the bride’s parents pay the future husband to marry the daughter. This
practice degrades women and is contrary to the spirit of Islam. There is no specification in
the Qur'an as to what or how much the Mahr has to be. It depends on the parties involved.
3. NON-MATERIAL RIGHTS.
A husband is commanded by the law of Allah to treat his wife with equity, respect her
feelings and show kindness and consideration, especially if he has another wife. The
prophet last sermon stresses kindness to women.
THE WIFE OBLIGATIONS - THE HUSBANDS RIGHTS.
One of the main duties of the wife is to contribute to the success and blissfulness of the marriage.
She must be attentive to the comfort and wellbeing of her husband. The Qur'anic ayah which
illustrates this point is:
"Our lord, grant us wives and offspring who will be the apples of our eyes and guide us to be
models for the righteous"
The wife must be faithful, trustworthy and honest she must not deceive her husband by deliberately
avoiding contraception. She must not allow any other person to have access to that which is
exclusively the husband right i.e. sexual intimacy. She must not receive or entertain strange males
in the house without his knowledge and consent. She should not be alone with a strange male. She
should not accept gifts from other men without his approval. This is meant to avoid jealousy,
suspicion and gossip. The husband possessions are her trust. She may not dispose of his belongings
without his permission.
A wife should make herself sexually attractive to her husband and be responsive to his advances.
The wife must not refuse her husband sexually as this can lead to marital problems and worse still
- tempt the man to adultery. The husband of course should take into account the wife’s health and
general consideration should be given.
OBEDIENCE
The purpose of obedience in the relationship is to keep the family unit running as smoothly as
possible. The man has been given the right to be obeyed because he is the leader and not because

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he is superior. If a leader is not obeyed, his leadership will become invalid -Imagine a king or a
teacher or a parent without the necessary authority which has been entrusted to them.
Obedience does not mean blind obedience. It is subject to conditions:
a) It is required only if what is asked from the wife is within the permissible categories of
action.
b) It must be maintained only with regard to matters that fall under the husband rights.
DIFFERENT ASPECTS OF MARRIAGE
Legally speaking, Muslim-marriage is a contract. Therefore, its legal nature is contractual.
Although the elements of contract are found also in a Hindu marriage yet, the nature of a Hindu
marriage is sacramental because it involves certain religious ceremonies.
It is against this sacramental nature of a Hindu marriage, that Justice Mahmoud defined Muslim-
marriage as a civil contract because no religious formalities are necessary to complete the Muslim-
marriage. But this may be considered only the legal aspect of a Muslim-marriage.
Besides being a civil contract, the marriage in Islam is also a social and religious institution. A
court of law may not take into account its social or religious aspects but a curious student of
Muslim law must examine also about these aspects. Without study of all the aspects of the Muslim
marriage, its true nature cannot be understood.
LEGAL ASPECT:
Legally, a Muslim marriage is considered as a contract because the elements which constitute a
marriage and the manner in which it is completed, is almost similar to that of a civil contract. The
contractual nature of a Muslim marriage has been explained on the basis of the following facts:
a) Like contract, the parties to the marriage also must be competent,
b) Like contract, the marriage is not complete without offer, acceptance and free consent of
the parties or of their guardians,
c) Like a civil contract, the terms of marriage-contract, within legal limits, may be settled by
the parties themselves,
d) Just as there are rules for regulating the rights and duties of the parties upon the breach of
a contract, there are also provisions for respective right and duties of husband and wife on
divorce or dissolution of marriage.
Commenting on the legal aspect of a Muslim-marriage, Ameer Ali observes:
“In the language of law as well as in the common parlance, the formal conclusion of contract is
and, conveying the same meaning as the term obligation in the Roman law. In fact the and is the
completion of contract which commences with the proposal or demand in marriage and ends with
the consent”.
SOCIAL ASPECT:

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Nikah is a social institution by which a definite and dignified status has been conferred upon the
women. Through Islam the Prophet brought about a reform in the society. No social reform was
possible without giving equal status to the females. A definite institution or an established law
was, therefore, required to give equality and freedom to the females.
With this object in mind, the Prophet introduced Nikah through which the females could be placed
on a footing of perfect equality with males. It is, therefore, submitted that Nikah is a well-
established social institution which gives to the women a separate and dignified status in the
society. That a Muslim marriage is not simply a contract but also a social institution may be
explained on the basis of the following arguments:
a. In every Muslim-marriage dower must be given or promised to be given by husband to
wife as a mark of respect towards her. In civil contracts a general rule is that there is no
liability to pay consideration if it has not been specified or referred in the contract. But, in
a Muslim marriage even if the amount of dower has not been specified, the law requires
that something (proper dower) must be paid by husband to the wife as a mark of respect
towards her.
b. There is limited polygamy under Muslim law and a person is not allowed to marry with
more than four wives at a time. In civil contracts, one may enter into as many contracts at
a time as he likes.
c. There is prohibition in the marriage between certain close relatives. Has marriage been
purely a civil contract, the relationship of the parties to the marriage would not have been
a relevant factor; A brother cannot marry his real sister; but he can legally enter into a
contract with his sister for the sale of a house.
From what has been said in the preceding lines, it is clear that marriage among Muslims is not an
ordinary contract. More truly, it is a powerful social institution for the uplift of women and,
promotes the development of a healthy society, free from evils.
RELIGIOUS ASPECT:
Quran, which is a collection of the words of God, directs every Muslim to marry a suitable woman
of his liking. It is, therefore, a religious duty of every Muslim to contract a marriage according to
the rules of Islam. A person, who remains bachelor without any reasonable excuse, disobeys the
words of God. Moreover, marriage is also the tradition (sunnat) of the Prophet. It is believed in
Islam that marriage is a Sunnat muwakkidah. This means that it is an act of such a nature that if a
person does it he gets religious benefits; if he abstains from doing it, then he commits a sin.
Concluding upon the nature of Muslim-marriage, Abdur Rahim observes:
“The Muhammedan jurists, therefore, regard the institution of marriage as partaking both of the
nature of Ibadat or devotional acts, and Muamlat or dealings among men.”
Therefore, marrying a suitable girl is not only social activity but also a religious duty of every
Muslim. In Anis Begam v. Mohd. lstafa,n Sulaiman, C.J. has pointed out that apart from being a
contract, a Muslim marriage is also a religious sacrament.

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The following are the positions of scholars and Islamic laws on
marriages between Muslims and non-Muslims:
MUSLIM WOMAN AND NON-MUSLIM MAN
..... And give not (your daughters) in marriage to Al-Mushrikun** till they believe in Allah alone
and verily a believing slave is better than a (free) Mushrik, even though he pleases you.... ** Al-
Mushrikun=>Pagans, idolators, polytheist and disbelievers in the Oneness of Allah and in His
messanger Prophet Muhammad SAW) - ]
Islam considers the husband head-of-the-family and therefore requires that a Muslima cannot
marry a non-Muslim because she will be under the authority of a non-muslim husband. He may
prevent her from carrying out her religious obligations by either pressuring her or physically
abusing her. But it is not the sole reason for imposing the restriction. The situation is considered
very damaging for the woman to practise Islam afterwards and even worse for the kids in such
marriages. There are NO conditions mentioned under which a Muslim woman IS allowed to get
married or remain married to a non-Muslim husband after she has accepted Islam. Therefore, even
if she has freedom to practise Islam after marriage, she is NOT allowed to enter into an inter-faith
marriage.
MUSLIM MAN AND NON-MUSLIM WOMAN:
MARRIAGE WITH CHRISTIANS AND JEWS: The marriages between Muslim men and
CERTAIN non-Muslim women is allowed. However, certain restricitions exist on such marriages,
especially if they occur in non-Muslim lands where Islamic law and religion is not prevailing.
Here I am translating the "fatwaa" from Maulana Muhammad Yousuf Ludhianvi, a well-known
Muslim scholar from Pakistan, answering a question regarding the shar'aii position of marriages
in the US with non-Muslim women. This question was asked by a Pakistani Muslim, living in the
US, and it appeared in Maulana's column that is published every Friday in a daily newspaper,
"Jang". He interprets the Islamic law as following:
1) Non-Muslim women, to whom Muslim men can marry, are the women from Christian and
Jewish religions who are residents of "Daar-ul-Islam****" nations where Islamic law
prevails) and who are thereby called, "Dhi'mmi" (those who give Jazzia instead of Zakaat
in an Islamic state??), but NOT the residents of "dar al-kufr" (where the kuffar or non-
Islamic rule exist). To these women, marriage is allowed but is "mukrooh tanzihi." (I can't
translate it properly)
2) With Christian or Jewish women, who are resident of "dar a-harb"****, the nikah (the
marriage contract) will be valid, but will be a "mukrooh Tahrimi" (worse than tanzihi)
situation. The act which is "mukrooh tarhimi" is so close to "haraam" (not permissible at
all) that it is ALMOST "haraam" and is "na'jaiz" ie. Not legal. The man involved will be
responsible for committing an act which is so close to a state of "sin". **** Victor Danner
describes "Dar al-Islam" as : the House of Islam, or the Islamic world; the Islamic
community, where submission to the Divine Will reigns; Opposed to dar- al-harb ( the non-
Islamic community)

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3) It is required that the women should be practicing their religion at the time of marriage and
they are not practically "Mulhid" (atheist). To any women, who doesn't believe in God,
religion, God's message and doesn't practise any religion at all, the "nikaah" (marriage)
will be INVALID and according to "shari'ah" (Islamic Law), such a couple is involved in
sin.
4) If any Muslim marries a woman from "People of the Books", the children, by shar'iah
(Islamic law) are considered to be Muslim. For instance, often, in "dar al-harb," the kids
adopt the religion of their mother; and, sometimes, a marriage is arranged upon agreements
between the couples that half of kids will adopt mothers and the other half will follow
father's religion. If a Muslim man agrees to ANY of such terms accepting the kids to be
raised non-Muslims, the person will be regarded as a "Murtid" (the one who has denied
Islam) because he has allowed his kids to become "kaafir" who may have been brought up
in Islamic religion. Anyone who willingly and knowingly allows/agrees for his kids to
become "kaafir" is regarded as "kaafir." He is out of the Islamic circle. If he had any
Muslim woman in his "nikaah" before this marriage, the Muslim woman is free from his
bond (because a Muslim woman can't remain married a non-Muslim).
MARRIAGE WITH KUFFARS
Marriages between Muslims and atheists are not permissible at all. In such cases, the man or
woman should accept Islam before entering into a shar'ai legal "nikaah."
And do not marry Al-Mushrikats {idolatress, etc.} till they believe (worship Allah alone). And
indeed a slave woman is better than a (free) Mushrikah {idolatress, etc.}, even though she pleases
you. And give not (your daughters) in marriage to Al-Mushrikun** till they believe in Allah alone
and verily a believing slave is better than a (free) Mushrik, even though he pleases you. Those Al-
Mushrikun invite you to the Fire {Al naar}, but Allah invites you to the Paradise and Forgiveness
by His Leave, and makes His Ayaat {proofs, evidences, lessons, verses, signs, etc.} clear to
mankind that they may remember. ]
MARRIAGE WITH JEWS:
According to Jews, a Jewish Mother gives birth to a Jew. As one of my friend tells, this issue has
caused problems especially in Israel where a woman who married a Muslim man was exhorted by
Jews and ultimately she accepted Islam to avoid the pressure on her family. All the rules that apply
to Christian women, so apply here as well.
THE MARRIAGE CONTRACT IN THE PRE-ISLAMIC PERIOD
In pre-Islamic Arabia, a variety of different marriage practices existed. The most common and
recognized types of marriage at this time consisted of: marriage by agreement, marriage by capture,
marriage by mahr, marriage by inheritance and Mutah or temporary marriage.
Prior to Islam, in the Arab world, women could not make decisions based on their own beliefs and
had little control over their marriages. They were never bound by contract for marriage or custody
of children and their consent was never sought. Women were seldom allowed to divorce their
husbands and their view was not regarded for either a marriage or divorce.If they got divorced,

13. 12
women were not legally allowed to go by their maiden name again. They could not own or inherit
property or objects, even if they were facing poverty or harsh living conditions
 Marriage by agreement
 Marriage by Mahr
 Marriage by capture
 Marriage by inheritance
 Beena
I. Marriage by agreement
The first of the four common marriages that existed in pre-Islamic Arabia was marriage by
agreement. This consisted of an agreement between a man and his future wife's family. This
marriage could be within the tribe or between two families of different tribes.
Some women were forbidden from marrying outside of their tribe and had to either marry another
member of the tribe or a stranger who would agree to live with the tribe.
In the case that involved a man and woman of two different tribes, the woman would leave her
family and permanently reside with her husband. The children of these marriages were considered
part of their father's tribe, unless a different arrangement had previously been made which returned
the children to their mother's tribe.
II. Marriage by Mahr
The third of the common marriage practices that existed in pre-Islamic Arabia was "marriage by
Mahr." This was a more traditional marriage practice. These marriages consisted of the groom or
groom's father paying the bride "Mahr", to marry them. (Mahr is very important in Islamic
marriage. Allah has used the word "faridah" for it.[better source needed] It means something fixed,
decided and obligatory.[better source needed] It is obligatory on the husband to pay mahr to his
wife unless she expressly by her own will without any pressure forgives him or returns the amount
of mahr to him. Mahr belongs to the wife and it is to be given to her only. It is not the property of
her parents or her guardian. No one can forgive the husband to pay the Mahr except the wife herself
or, in case she did not go to her husband and the marriage ended without consummation, then in
that situation her guardian can also forgive the mahr on her behalf. If a husband dies without paying
mahr to his wife, it will be an outstanding debt on him and it must be paid before the distribution
of his inheritance among his heirs. It helps the women during the time of divorce).
III. Marriage by capture
Marriage by capture, or "Ba'al", was a common pre-Islamic marriage practice. Most often taking
place during times of war, marriage by capture occurred when women were taken captive by men
from other tribes and placed on the slave market of Mecca. From the slave market these women
were sold into marriage or slavery. In captive marriages men bought their wives and therefore had
complete control over them. Women in these marriages had no freedom and were subjected to
following their husband's orders and bearing his children. These women became their husbands'
property and had no right to divorce.

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IV. Marriage by inheritance
Marriage by inheritance was "a widespread custom throughout Arabia, including Medina and
Mecca". This practice involved the possession of a deceased man's wives (When a man died, his
son inherited all his wives except his own mother) being passed down to his son. In such a case,
the son has several different options. He could keep them as his wives, arrange a marriage by
purchase for them to enter into from which he would receive a dowry for them, or he could simply
dismiss them. In these cases, as in the majority of marriage practices at this time, the woman had
little or no rights and was subjected to follow the orders or her inheritor
V. Beena
Beena is a form of marriage used in pre-Islamic Arabia, in which a wife would own a tent of her
own, within which she retained complete independence from her husband, according to William
Robertson Smith. The term was suggested by John Ferguson McLennan, who noted that in Ceylon
(now Sri Lanka) the marriage when a husband goes to live in the wife's village is called "beena
marriage", and suggested "beena" as a general term for this kind of marriage.The social system by
which a couple lives with or near the wife's family is known by anthropologists as matrilocality.
DIVORCE IN ISLAM
Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by
the wife. The main traditional legal categories are talaq (repudiation), khulʿ (mutual divorce),
judicial divorce and oaths. The theory and practice of divorce in the Islamic world have varied
according to time and place. Historically, the rules of divorce were governed by sharia, as
interpreted by traditional Islamic jurisprudence, though they differed depending on the legal
school, and in general, historical practices sometimes diverged from legal theory. In modern times,
as personal status (family) laws were codified, they generally remained "within the orbit of Islamic
law", but control over the norms of divorce shifted from traditional jurists to the state
TALAQ (REPUDIATION)
The term talaq is commonly translated as "repudiation" or simply "divorce". In classical Islamic
law it refers to the husband's right to dissolve the marriage by simply announcing to his wife that
he repudiates her Classical jurists variously classified pronouncement of talaq as forbidden or
reprehensible unless it was motivated by a compelling cause such as impossibility of cohabitation
due to irreconcilable conflict,though they did not require the husband to obtain court approval or
provide a justification. The jurists imposed certain restrictions on valid repudiation. For example,
the declaration must be made in clear terms; the husband must be of sound mind and not coerced.
Upon talaq, the wife is entitled to the full payment of mahr if it had not already been paid. The
husband is obligated to financially support her until the end of the waiting period or the delivery
of her child, if she is pregnant. In addition, she has a right to child support and any past due
maintenance, which Islamic law requires to be paid regularly in the course of marriage.
TALAQ AL-BID'AH AND TRIPLE TALAQ
Talaq types can be classified into talaq al-sunnah, which is thought to be in accordance with
Muhammad's teachings, and talaq al-bid'ah, which are viewed as a bid'ah (innovation) deviations

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from it. Talaq al-sunnah is further subdivided into talaq al-ahsan, which is the least disapproved
form of talaq, and talaq al-hasan. The ahsan talaq involves a single revocable pronouncement of
divorce and sexual abstinence during the waiting period. The hasan divorce involves three
pronouncements made during the wife's state of ritual purity with menstrual periods intervening
between them, and no intercourse having taken place during that time.
Shiite jurisprudence does not recognize talaq al-bid'ah.
TAFWID (DELEGATED TALAQ)
The husband can delegate the right of repudiation to his wife. This delegation can be made at the
time of drawing up the marriage contract (nikah) or during the marriage, with or without
conditions. Many women included such terms in their marriage contracts. Commonly, the contract
gave the wife the right to "repudiate herself" if the husband married a second wife. Delegated
repudiation is called ṭalāq al-tafawud or tafwid.
Khulʿ (mutual divorce)
Khulʿ is a contractual type of divorce that is initiated by the wife. It is justified on the authority of
verse 2:228:
JUDICIAL DIVORCE
A marriage can also be dissolved by means of judicial divorce. Either spouse can petition a qadi
court to obtain judicial divorce, but they must have compelling grounds for dissolving the
marriage. The court starts the process by appointing an arbitrator from each of their families in
order to seek a mediated reconciliation. If this effort fails, the court adjudicates the dispute by
apportioning fault for the breakdown of the marriage with the associated financial consequences.
Examples of fault are cruelty; husband's failure to provide maintenance or pay the immediate
installment of mahr; infidelity; desertion; moral or social incompatibility; certain ailments; and
imprisonment harmful to the marriage. Judicial divorce can also be sought over violations of terms
stipulated in the marriage contract. Different legal schools recognized different subsets of these
grounds for divorce.The Maliki school, which recognized the widest range of grounds for divorce,
also stipulates a category of "harm" (ḍarar), which gave the judge significant discretion of
interpretation.
DOWER (MAHR) IN DIVORCE
Mahr is a nuptial gift made by groom to the bride at the time of marriage. Upon receipt, it becomes
her sole property with complete freedom of use and disposal. The marriage contract is not valid
without the mahr. The amount of the mahr generally depended on the socio-economic status of the
bride. The payment of a portion of the mahr was commonly deferred and served as a deterrent to
the exercise of the right of unilateral divorce by the husband, although classical jurists disagreed
about the permissibility and manner of deferring payment of the mahr.