| THE MARRIAGE CONTRACT Marriage in Islam is a contract. Thus, as in any contract in Islam, there are elements which are considered essential to its existence, called arkaan, the possibility of stipulations of different kinds, legal effects of the contract, etc. Each of these should be understood properly in order to ensure that the marriage has been performed in the proper manner and the rightful effects of the marriage are granted to each of the participating partners. Continue:The Marriage Contract |
| THE MARRIAGE CONTRACT IN ISLAM Marriage in Islam is based on a contract between a man and woman intending to be unified in marriage. Thus, as in any contract in Islam, there are elements which are considered essential to its existence, called 'pillars', as well as the possibility of stipulations of different kinds, legal effects of the contract, etc. Each of these must be understood correctly in order to ensure that the marriage has been performed according to the legal conditions and that the rightful effects of the marriage are guaranteed to each of the contracting parties. Continue: The Marriage Contract in Islam |
| HE MARRIAGE CONTRACT IN A NON-SHARIAH COUNTRY A very important question arises for Muslims living in lands where the Shari'a is not the law of the land. For Muslims to marry in such situations under the "auspices" of such governments will often involve serious flaws in both the execution and the legal effects of the non-Islamic marriage contract. For example: a. No proper Wali (Gaurdian). Many such secular laws may not require the woman to have a Wali at all or the one appointed may not be the rightful one in the Shari'a. b. The secular law may not require two witnesses. c. Witnesses may be required but not qualified such as non-Muslim witnesses. d. The marriage establishes various property rights, inheritance rights etc. both during and after the marriage. (Avoiding the harm of such issues while living in a non-Islamic society is a much larger issue and involves many things besides marriage.) e. The civil marriage may cause additional marriages by the husband to be a crime punishable by a prison sentence. f. Because of these and other issues, a secular marriage contract is not sufficient for two Muslims to be considered married Islamically. In fact, they should be avoided if possible. In any case, it is the Islamic marriage with its prerequisites and conditions which makes the two married before Allah. Whether or not a civil marriage should also be undertaken is a case of weighing the harms and benefits involved. Regarding these "marriages", the following important points should be noted:Continue:The Marriage Contract in a non-Shariah Country |
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