| Muslim Marriage Contract in American Courts Lecture by Professor Azizah Y. al-Hibri of T. C. Williams School of Law, University of Richmond, followed by transcript of Q&A session. Minaret of Freedom Banquet, May 20, 2000 Let me first thank Imad-ad-Dean Ahmad and the Minaret of Freedom for their kind invitation to address this distinguished audience. My remarks tonight are not just about Virginia courts. Other courts in other states face similar issues. But an order from a Virginia court led me to take a good look at the problems facing Muslim women in American courts and address them in a serious and professional way. Last spring a court order came across my desk, by chance, in which a judge said that Islamic law of marriage is contrary to public policy in Virginia. That is a very serious statement to make, because anything that is contrary to public policy in any state is struck down. The question becomes what is the status of Muslim marriage contracts in Virginia? Several cases have come to my attention since that time. "When you divorce women and they fulfill the term of their “iddah”, the Qur'an said, "either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them or to take undue advantage; if anyone does that He wrongs his own soul" (2:231).It also said: "…[T]he parties should either live together in kindness or leave each other charitably …" (2:229).But there are very few Muslim marriages at the divorce stage where the parties separate charitably. It's very unfortunate and it is against what the Qur'an says. Often the husband does not want to pay the last part of the mahr. The result is that expert witnesses are called to testify about what should happen under the Islamic marriage contract. Continue:Muslim Marriage Contract in USA Courts |
| Tips for a Better Husband and Wife Relationship Although many Muslims may right now be in failing marriages and on a fast track to divorce and its terrible consequences, there are many ways to put their marriage back on the right track if the husband and wife are sincere in their desire to reconcile. The following principles can be used by Muslims whose marriages are already in trouble or by Muslims who would like to avoid trouble in their marriage. Examples of Negative Relationship of Husband & Wife Many Muslim husbands and wives treat each other like adversaries rather than partners. The husband feels that he is the boss, and whatever he says goes. The wife feels that she must squeeze everything she can out of her husband. Some wives never show their husband that they are satisfied with anything he does or buys for them in order to trick him into doing and buying more. They make him feel like a failure if he does not give them the lifestyle that their friends and families enjoy. Some husbands speak very harshly to their wives, humiliate them, and even physically abuse them. Their wives have no voice or opinion in the family. Continue: Tips for a Better Husband Wife Relationship |
| 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. 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. Read entire article ........ http://www.jannah.org/sisters/marr.html |
| [10 Tips] How to be a Successful Husband Prepared by : Muhammad AlShareef 1. Dress up for your wife, look clean and smell good.When was the last time us men went shopping for designer pajamas? Just like the husband wants his wife to look nice for him, she also wants her husband to dress up for her too. Remember that Rasul Allah - sal Allahu alayhi wa sallam - would always start with Miswak when returning home and always loved the sweetest smells. 2. Use the cutest names for your wife. Rasul Allah - sal Allahu alayhi wa sallam - had nicknames for his wives, ones that they loved. Call your wife by the most beloved names to her, and avoid using names that hurt their feelings. 3. Don't treat her like a fly. We never think about a fly in our daily lives until it 'bugs' us. Similarly, a wife will do well all day - which brings no attention from the husband - until she does something to 'bug' him. Don't treat her like this; recognize all the good that she does and focus on that. [Continue] How to be a Successful Husband |
| MARRIAGE WITH CHRISTIANS AND JEWS: [This author have slightly different view] 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) 3- It is required that the women should be practising 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 mother's 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). 5- Since some of our naive Muslim youngmen, living in the West, get married to the christian women in their countries. And since, usually, the local courts allow the women to get the custody of kids and the divorce settlement in their favor, our youngmen are "khusar al-duniyaa wal'-aakhiraah", means the wanderer or lost in this world and the Hereafter. Since, according to sharia'ah, the "al-maa'roof ka'almashrrot", meaning whatever is prevailing or common practise in the society is being accepted in a marriage contract. It means a Muslim man, by getting married under these circumstances in these countries, is knowingly agreeing that the woman may, in case of divorce, gets the custody of the kids and is free to raise them afterwards as she pleases. 6- For all the above stated reasons, in non-Muslim countries, it is not allowed for Muslim youngmen to marry Christian women. For the reason #3 (woman not practising a religion), the "nikaah" isn't even valid. Since the reason #4, leads to "kufr" and he becomes "murtid", the marriage to any Muslim wife becomes invalid. The reason #5 is not apllicable, if the local laws do not usually grant custody to woman or if Muslim man hasn't agreed to any "kufriaah" terms (such as accepting some kids to be raised as non-Muslims). "Haaza ma' indee, wal'Allah ilm bis'swaab." *******/ As it is clear, that Maulana Yousuf's position is extremely strict on the issue of getting married to non-Muslim women in the West. But so is the seriousness of such situations. A scholar at Dar ul-Noor hifz school and Al-Farooq Masjid, Atlanta, Dr. Abdul Ghaffar, recommends that if a Muslim is already married to a non-Muslima, he should REMAIN married to her. He should be kind and passionate to her and facilitate her understand of true Islam. He should reflect Islam in his character and encourage her to become Muslim voluntarily before kids are born into such marriage. At that time, I found out the Al-Farooq Masjid doesn't even administer ANY inter-faith marriages. The best option under these ircumstances is to introduce the woman to Islam and WAIT for her to accept Islam before getting married. Imposing any firm conditions of her accepting Islam before marriage will NOT do any good. Because, if a woman is willing to accept Islam merely to get married to a Muslim man that she likes, she will be most likely to leave Islam if the marriage ends up in a divorce or even if the marriage becomes unpleasant for her. Excerpted from: http://www.jannah.org/sisters/intermarriage.html |
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| Interfaith Marriages [Muslim men in the west should think carefully before marrying ...] Children have the right to be brought up in an Islamic environment by good Muslim parents. So Muslim men in the West should think carefully before marrying outside the faith. Muslim men and women are told to seek faithful spouses with a strong, good belief, and not allow non-Muslim standards of selection influence them. Muslim men can marry only Muslim, Christian, or Jewish chaste women, while Muslim women can marry only chaste Muslim men. Allah (s.w.t.) said: This day are (all) good things made lawful for you. The food of those who have received the Scripture is lawful for you, and your food is lawful for them. And so are the virtuous women of the believers and the virtuous women of those who have received the Scripture before you (lawful for you) when you give them their marriage portions and live with them in honor, not in fornication, nor taking them as secret concubines. Whoso denies the faith, his work is vain and he will be among the losers in the Hereafter. [Qur'an: Al-Ma'idah (5:5)]. "A Muslim man is discouraged from marrying a non-Muslim woman if there is no Islamic State or if he is not living in an existing Islamic state, since the non-Islamic states do not recognize his rights as head of the family to raise the children Islamically. On the contrary, the children will most likely be brought up in their mother's religion, since the Muslim husband does not have his Islamic rights in his non-Muslim wife's country...". Read entire article" http://www.islamfortoday.com/interfaithmarriage.htm |
| In order for a marriage, for Muslims, to be proper and recognized by Muslims it must be performed by a Muslim in front of Muslim witnesses and there must be a contract of Marriage |