This Class: What Makes a marriage contract valid according to Islamic Law.

2nd Session of Spring semester: Wed. Feb 7th

RPI Campus – Room: LOW 3112

NEXT CLASS: Wednesday February 14th : 6-7pm – LOW 3112. Topic: How to conduct the Marriage Party


Conditions of the Marriage Contract:

There are Two Major Conditions, after which it is considered a marriage by Islamic Law:

1) Consent: (Arabic : Ka’bool)

2) Response: (Arabic: E’jaaba)

After these two are complete, the man and women are binded, but not fully. The othe aspects which are necessary are as follows:

3) Guardian’s approval (Arabic: Al Wali) – The guardian is the one to express the response of the women towards the groom. “I give you my daughter based on the Quran and Sunnah and your Mahr” (somthing to that extent). The Man would response, “Qabiltu”-“I accept”

  • A guardian is the father of the women. If father is not present, it is the Uncle, If Uncle is not present, It would be the Imam or Leader of the Musjid/Community. In Islamic societies, if the father is not alive, the right would go to the Islamic Court to make the decision of accepting the man as a husband for the women.
  • A Man does not need a wali.  Unless if he is under the age of puberty and maturity (this is mentioned because in the past, it is part of some cultures to marry children to other children while they were underage, to strengthen tribal/family ties.).
  • This precaution is taken so that the women would not be emotionally mistaken about her choice. If the women recently accepted Islam, her non Muslim Father would not be permissible to make the decision, and the right of Wali-ship would go to the Imam/Leader of the Community.
  • Wali -ship can also be given to somone if appointed by the Wali of the women. Ofcourse this person should be responsible and trustworthy and pious. This might take place in the situation of marrying a women who is not in the country.

4) Witness’s (Arabic: Ash-shahood) – Atleast 2 male witnesses are needed while signing the marriage contract. They should be upright

and practicing Muslims.

5) Dowry (Arabic: Al Mahr) – There are two types of Mahr:

  1. Mu’ajjal – To be given right away. This is prefered.
  2. Muwajjal – To be given later, because he doesn’t have enough at the time.

There is no limit on the dowry.  The women can ask for as much dowry as she likes, and the man would have to match that amount in order to accept the proposal.  More on Dowry will be covered in upcomming notes from ‘Love Notes: Marriage and Family Life’ a weekend seminar by Al Maghrib Institute.

What is the reasoning behind the Mahr?

  1. It is a symbol that this marriage is a comittment.  There is seriousness in this proposal.

Once Umar (ra) was suggesting to have a limitation on the Mahr during Jummah Khuthbah (since there were people getting extravagant on it).  A women stood up during the Khuthbah and reminded him (ra) of the ayat in the Quran : ” If a man gave even 100kg of Gold, it can not be returned to the man”  Meaning that its ok to give even 100kg of gold, and also stating that a man can not take back the dowry he gave, it is the women’s posession to do whatever she wills with it.

Why have a wedding?  It should be known to the public that the man and women are married, or else it would be the same as committing zina (adultry) since zina is committed in privacy.

Engagement (Arabic: Kitbah) – If it is too long, it might cause harm to the relationship.  Since there is not a binding marriage contract, they (the man and women) could start having doubts about the strength of this relationship.

NEXT CLASS: Wednesday February 14th : 6-7pm – LOW 3112. Topic: How to conduct the Marriage Party

RPI Campus – Room: LOW 3112

Insha Allah!

Alhumdulillah. Wa salaatu wa salaam ala’ Rasulullah.