Professional Documents
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(Shaykh(fawazan(said(compatibility(is(categorized(into(five(aspects:(1.(Religion,(2.(Lineage,(3.(Freedom([nonHenslaved],(4.(Occupation,(5.(Affluence(of(wealth(
in(accordance(to(what(is(required(for(her(of(the(dower(and(maintenance.(*Taken&from&book:&Marriage&published&by&Troid.org&&page&11(
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4.
5.
6.
7.
The closest relations come first in order, then her further ones. A stepbrother from her fathers previous
marriage cannot be her wali, nor his sons, neither can the womans maternal grandfather, nor her mothers
brother, as they are not her close relations.
It is mandatory on the wali to be present in marriage and also to marry the women to the best of suitor who
proposed for the womans hand. It is a trust on the wali and it is obligatory on him to do proper execution of
this trust with great care. He should not marry the woman with unsuitable suitor due to some greed. This is
deception. If he reject proposal due to baseless reasons, his guardianship will be removed and it will be given
to the next wali in line.
Qualities to Look for in a Woman for Marriage
As mentioned before, marriage is entered into to find pleasure and also to bring about a righteous family and
chaste society. This is why it is important to marry who possesses the virtues to fulfill both objectives (i.e. she
possesses both outward and real beauty).
Outward Beauty
She should be physically healthy this is because the more appealing a woman is to look at and the more
sweet her speech is, the more coolness the eyes will feel. The ears will automatically listen to her voice, due to
which the heart will feel happiness for her, and the soul will develop contentment, and the saying of Allah
will be affirmed: And among His Signs is this, that He created for you wives from among yourselves, that you may find
repose in them, and He has put between you affection and mercy. [Surah Rum: 21]
Real Beauty
There should be no lacking in her (woman to be married) Deen and manners. This is because the more
religious and moral a woman will be the more beloved she will be with her heart and soul and she will also be
safe in terms of her end. The religious woman will be one who follows the command of Allah, will be a
protector of her husband, children and wealth and in obedience to Allah will be a helper of her husband. A
respectful woman will try and be as close to her husband as possible, if the husband forgets then she will
remind him.
The Messenger of Allah said in regard to which woman is best to marry: The one, who pleases him when he
looks at her, obeys him when he orders her and does not oppose him regarding herself or his wealth (and property) with
what he dislikes. And also said in another place, Marry those who are loving and fertile in having children for indeed
I will be multiplied (with followers) and be able to boast among the prophets (or he said nations) When such a woman
is found having these outer and inner beauty, then with the tawfiq of Allah this is true completion and
happiness.
The Women who become forbidden upon Marriage
From amongst the limit of Shariah, which Allah has appointed is marriage, from a halal and haram point of
view. Due to nearness, fostering, or genealogy, certain women are considered haram for the man. There are
two categories of forbidden women. The first category is of those women who are forbidden unconditionally
or for all times, and the other category is of those women who are forbidden for an appointed time.
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There should be five sips or more because of the verse in Quran and ruling of which was narrated
to us by Aisha radi allahu anha.
The fostering must take place before the child stopped drinking milk. The child must take all five
sips before this period. Once the conditions for fostering are complete then this child is the
womans son and the womans sons are his brothers, whether these sons are prior to this childs
fostering or they came after his fostering. Also the children of the husband of this woman will all
become this childs brothers, whether they are from the womb of this woman or other women.
Also important to note is that other than the children of this foster child, his other close relations
have nothing to do with the fostering relationship. So it is permissible for this childs blood
brothers to marry his foster mother or his foster sisters, however the children of the foster child are
like the children of the foster mother and her husband as if they are his own foster parents.
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II.
Menstruation is not barrier to marriage, so wedding contract may proceed while women in her menses but
consummation of the marriage may not occur until menses of the woman is over and she took ghusl.
Permissible Number of Times One Can Marry
The Islamic Shariah has permitted polygyny for man, however has limited this to a maximum of four wives.
This is because by staying within this limit a man can maintain justice and equality; he can fulfill the rights of
the wife. Proof for this is the saying of Allah, in Surah Nisa: 3, Marry other women of your choice, two or three,
or four, but if you feel that you shall not be able to deal justly with them, then only one.
The Benefits and Virtues of Limiting the Number of Wives to Four
1. Sometimes polygyny becomes a necessity, i.e. when the wife becomes old or always sick. If a man
tries to keep content with an old or sick wife then he will face many challenges in suppressing his
desire, and there is serious danger of falling into adultery. And if he divorces her then he separates the
poor women from her children.
2. Marriage is an excellent way of establishing relationships and connections. Polygyny creates
relationships between many families and makes pairs from amongst them.
3. A large number of women are protected by polygyny and their needs of alimony and shelter are
fulfilled. In the same way, an abundance of children and lineage is also something desired and
beloved in shariah.
4. Some men have an extremely strong sexual desire and one woman does not fulfill it, while the man
is really Allah fearing as well and does not want to fall into adultery but wish to attain pleasure
through halal means. Thus Allah in His Mercy has opened the door of polygyny for these people.
The Wisdom and Prudence behind Marriage
All Sharia of Islam are based on wisdom and none of them are just in vain or in namesake because they are
all from the All Wise and All Knowing. However, we are not aware of all wisdoms as our knowledge,
thought, intelligence is limited. Allah has mentioned that, And of knowledge, you mankind have been given
only a little. [Surah Al-Isra: 85]
Some of the Wisdoms behind Marriage
1. Defense and protection for both the husband and wife.
2. Saving society from wickedness and the morals from deteriorating. If the marriage did not exist then
wickedness and vanity would become the norm between men and women.
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3. The finding of benefits and pleasure for both husband and wife from each other. Thus, the man
provides security to the woman and also provides alimony such as food, drink, shelter, and clothing.
At the same time, the woman, by preparing and maintaining the necessities of the household,
provides security to the man.
4. The strengthening of ties between families and tribes.
5. The correct and safe method for the continuation of the human species.
If marriage is not present then the appearance of two illnesses is certain:
1. The end of mankind
2. Or the corruption of the lineage of man, in which there is confusion as to a mans ancestry due to an
immoral means of reproduction
Birth Control
Birth control via specifying the number of children goes completely in the face of the demands of the Sharah,
because our Prophet sallallahu alayhe wa sallam commanded us to marry those woman who would produce
more children. The reason for this was that the Ummah of our Prophet would be greater in number than other
Prophets. Also the scholars of fiqh have said to marry women who are known for giving birth to the most
children.
The Necessity for Birth Control
a) Question: Is it due to fear of shortage of good?
Answer: If birth control is done out of fear of shortage of food then this constitutes harboring
incorrect thoughts about Allah, this is because when Allah creates any being then He also always
provides it with its sustenance as came in [Soorah al-'Ankaboot 029:060] And so many a moving (living)
creature carries not its own provision! Allh provides for it and for you. And He is the All-Hearer, the AllKnower.
b) Question: Is it due to difficulty in raising the children?
Answer: If it is for this reason then, this is an obvious mistake. Many parents have few children,
and they have hard time to take care of them. However, there are many other parents who have many
children and they are able to fulfill their parental duties very easily. Thus, the upbringing of children is
dependent upon ease being bestowed from Allah. Therefore, the more an individual fears Allah in his
duties and ensures that all his actions are in accordance with shariah, the more easy Allah will make
all his affairs. Allah says in [Soorah at-Talaaq 065:004] and whosoever fears Allh and keeps his duty to
Him, He will make his matter easy for him.
Birth control is completely haram in the Shariah of Islam. Now if there raises the question about womans
health issue, then practicing some reasonable form of family planning does not fall within the category of
birth control. What is meant by family planning is that both husband and wife or one of the two takes a
certain action by which pregnancy is delayed for some time and this is permitted. Such as if the wife is ill or
fears illness and weakness then using birth control pill with the permission of her husband to prevent
conceiving for some time is permissible. Also, the Sahabah used to use the coitus interrupts method and they
were not prevented of this, which took place during the time of Prophet sallallahu alayhe wa sallam. So coitus
interrupts is one method of preventing pregnancy.
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The Obligation of Mahr (Dowry): Giving dowry to the wife becomes an obligation upon marriage,
whether it was placed as a condition or not. Dowry is the wealth given to the wife due to marriage
contract. If dowry is agreed upon, then she will receive what is agreed upon. If it was not settled, and
nikah took place, then husband must give wife a mahr nithl which is the amount customarily given
to such a woman among his paternal family.
Any wealth that has monetary value can become a dowry. Prophet sallallahu alayhe wa sallam married a
woman to a man with the condition that he teaches her some of the Quran, which was her dowry. As far as
the shariah is concerned, then dowry should be modest. The most blessed marriage is that which is least
expensive or extravagant. Also, it is in obedience to the Messenger of Allah, and a source of blessings. In
these days, due to high amount of dowry, many men and women are prevented from marriage, which lead to
many tribulations. Some of these are as follow:
If people were moderate in setting dowry, these problems would not take place and the society will receive
much benefit, and the modesty of man and women will be protected. However, it is sad people dont do it
rather they compete with each other in increasing the dowry each year. People of past used to be easy on
setting dowry and they would perform marriage by agreeing that the dowry would be of such and such
amount, half of which will be paid at this time and the other half will be paid in one year or before that.
Maintenance of wife: It is mandatory on the husband that he heartily spends on his wife and provides
for her food, drink, and shelter. And if he is miserly in providing her necessities then he will be sinful.
And it is mandatory on the wife that she spends her husbands wealth carefully, to the extent of
thriftily, and if she takes a loan from her husband then returning that is mandatory.
Amongst the expanse of marriage is also the Walima, it is that feast that the husband prepares and feeds the
people during the days of the marriage. The Messenger of Allah has done this and also commanded it.
However, some men spend lavishly and this is not correct, this is wastage of wealth.
Rather spending should be in accordance with ones capability and should not go to the extent of something
haram.
The relationship between the relatives of the husband and wife: Allah has caused affection, love,
friendship and a part of mercy to grow between the husband and wife, and at the same time this
inclination of love and affection often demands certain rights to be fulfilled. Thus, whenever some
relationship comes into being then in accordance with that relationship certain rights become
obligatory.
Chastity: The man becomes mahram for the mothers and grandmothers of his wife, and in the same
way he becomes mahram for the daughters and grand daughters of his wife under the condition that
he has gone into their mother. In the same way, the wife has become mahram for the fathers,
grandfathers, sons and grandsons of the husband.
Inheritance: Whenever a man legally marries a woman then inheritance becomes stipulated between
them, because of the saying of Allah in [Soorah an-Nisaa 004:012] In that which your wives leave, your
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share is half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment
of legacies that they may have bequeathed or debts. Whether sexual relationship took place or not with
wife, this does not make any difference.
The Sharii Ruling Regarding Divorce and Its Rights, which must be fulfilled
Talaq divorce is leaving off wife, and also the word implies freeing. In the Shariah of Islam, divorce is
something hated because due to it benefits of marriage comes to an end, and also the bond of marriage breaks.
In a hadith reported by Sunah Abu Dawud, it says, The most hated thing amongst those things which is halal is
divorce. However, sometimes divorce becomes unavoidable then there is no sin on the wife or husband.
However, while giving divorce the man must abide by the following commands:
1. The impermissibility of divorcing during the menstrual cycle: If a man divorces his wife during menses,
then he has sinned. It is obligatory upon him to take his wife back and keep her with him, and when she
becomes pure then he may divorce her. What is even better is that he keeps her with him until the 2nd
cycle of menses and then when she becomes pure from menses then he may keep her or divorce her.
2. Restraint from giving divorce during her clean phase: If the man had sexual relationship with his wife,
then he should restrain from divorcing her until it becomes clear she is pregnant or not. He should wait for
two menstrual cycles to be over and at this point he can divorce her before having sexual relationship with
her if he wants. If it becomes clear that she is pregnant, then there is no harm if he divorces her. Allah
said, O Prophet! When you divorce women, divorce them at their iddah, and count their iddah periods [Surah
Al-Talaq: 1]
3. The impermissibility of issuing more than one divorce at one time: It is not permissible to say, You are
divorce either two or three times. It is forbidden to issue more than one divorce at a time. This is because
it is related from our Prophet sallallahu alayhe wa sallam that he said in regards to a man who had divorced
his wife three times in a single occasion and the Prophet sallallahu alayhe wa sallam said, is it that I am still
present and the Book of Allah is being played with? Many people are not aware of the rules of divorce so they
issue divorce when they feel the need of it without giving consideration for the time or number. It is
obligatory on the people that they devoutly observe the boundaries of Allah and do not transgress them.
Allah said, And whosoever transgresses the set limit of Allah, then indeed he has wronged himself. [Surah AlTalaq: 1]
Some Regulations and Issues Related to Divorce
Because the wife is separated due to divorce then due to this separation many rules become incumbent. Some
of these are as follow:
1. If there was no sexual relationship between husband and wife, then there is no iddah period. Due to
the saying of Allah in surah Al-Ahzab, aya 49, When you marry believing women, and then divorce them
before you have sexual intercourse with them, no iddah have you to count in respect of them.
The duration of iddah period is three menstrual cycles if the women is of those who has menstrual cycles,
and if she has no menstrual cycles then three months, and if she is pregnant then until she becomes clear of
her pregnancy.
2. If the husband divorce his wife for the 1st time and then returns to her during iddah period or after it,
and then divorce his wife again for 2nd time and then returns to her and then again divorce her for the
3rd time, after this the woman is forbidden for the man until the woman marries another man and
consummates the marriage with him. Now if this new husband of the woman divorce her or dies, then
she will be halal for her previous husband who issued divorce on her on three occasions.
This is because in the beginning of Islam men would divorce and return to women as many times as they
wished. On one occasion a man became angry with his wife and he said to her, By Allah, I will never give
you refuge nor release you. And she asked how he could do this, so he said he will divorce her and when
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waiting period was about to be over he will take her back and do this over and again, so she complained to
the Prophet sallallahu alayhe wa sallam about it and Allah revealed in this occasion the ayah that says, The
divorce is on two occasions meaning the divorce with the permissibility to return is only twice. Thus to save
women from oppressive husband three divorce were appointed.
Ending Words of our Noble Imam Muhammad ibn Saleh al-Uthaymeen
Now Shaykh is concluding his speech stating that enough issues and commandments in relation to Nikah
have been brought to our attention, especially those that are necessary and pertinent. And his closing
supplication was, We pray to Allah that the benefit of this talk reaches all. May Allah Accept this work in a
special way and make it in accordance with His pleasure. And May He bring about in this Ummah a
generation that is knowledgeable of His commands, protects the boundaries which Allah has laid down,
establishes what is good and forbids what is wrong, and are guided of how to worship Allah.
Our Lord! Let not our hearts deviate (from the truth) after You have guided us, and grant us mercy from You. Truly, You
are the Bestower. [Surah Al-Imran: 3:8] O Lord! Give us good in this world and good in the Hereafter and save
us from the torment of the fire.
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