What are the laws of marriage under Muslim law?

Question

I got married in Pakistan and I noticed this on the marriage license.

Answer 1

Marriage in Islam is considered to be of the utmost importance. There are numerous hadiths lauding the importance of marriage and family.

In Islam, marriage is a legal bond and social contract between a man and a woman as prompted by the Shari'a. There are two types of marriages mentioned in the Qur'an, the Nikah in verse 4:4 and the Nikah Mut'ah in verse 4:24.

In Islamic theology, both sexes are considered roughly equal in value and recognizes the differences between the sexes, resulting in different rights, obligations, and distinct roles. A woman may propose marriage to a man directly or through an intermediary. Marriage is a social obligation and is registered by the Kazi who performs the short ceremony. When a couple are to be married, a man must pay mahr (dowry) to his bride. Since divorce is allowed in Islam, the amount promised or paid to the bride forms part of her personal property and is of assistance to her in times of financial need, such as a divorce or desertion by the husband. While the Mahr is usually in the form of cash, it may also be a house or viable business that is put in her name and can be run and owned entirely by her if she so chooses.

Women are expected to be home-makers and caregivers to their children, and it is considered a good thing if they are educated as well. Islam supports the traditional division of labour whereby women assume the main responsibility for home while men are responsible for supporting their wives: motherhood and homemaking, like a Muslim's inner life, are not considered to be less important or rewarding than a professional career. Indeed, motherhood is seen as one of the most important professions. Muslim wives and mothers should be granted the respect due to all women for the struggles and sacrifices they make for the sake of their families. In Islam, Muslim women may seek a higher education, work outside the home or volunteer their services to benefit the community as long as their primary responsibilities are taken care of and they do not compromise their faith in doing so (i.e. jobs that require them to dress in a fashion that is contrary to the Sharia). The decision to work is solely the wives' and any income that a woman earns is her own, to spend as she likes. A hadith narrated in Bukhari states that a man who can afford to marry, should. This establishes that a man remains solely responsible for maintaining his family and must share his earnings with his wife and children.

In extremely conservative societies, women are often barred from education by the male members of their families. However, Prophet Muhammad said: "Seeking knowledge is mandatory for every Muslim". Barring women from obtaining an education is not only against their prerogative but hinders their obligation of educating their children.

Men are to be caring husbands and respect their wives' honor and modesty. They must feed, clothe, and house their wives in the same manner they do themselves. The husband can not force his wife to work, cook, or nurse their children against her will. If she invokes her righ to do so then he must look elsewhere to accommodate for these needs. He is responsible for satisfying his wife sexually and not divulging their secrets to others. The husband may marry more than one wife if they treat all wives equally and inform their previous wives of their intention, their permission however is not required. Essentially, the men are to maintain order on the surface while the women are to do so on the inside. Both parties have responsibilities and rights that are to be met for a successful and happy marriage.

When a couple decides to marry, they draw up a Marriage contract. In Sunni Islam, this contract must have two male witnesses or, in the Hanafi school of jurisprudence, one man and two women. In one narration, a case was brought to Umar about a marriage which had only been witnessed by one man and one woman He said:
"This is a secret marriage and I do not permit it. Had I been the first to come upon it, I would have ordered them to be stoned."

While it is customary for marriage contracts to be written down, particularly when the bride and groom wish to make any stipulations, classical jurists required only oral offer and acceptance for the contract's validity.

Shias believe that Umar said that only since Umar forbade Nikah Mut'ah, and wanted to make sure that nobody engaged in it, so he demanded witness for all marriage. Shia deem it as sufficient that the couple agree to it orally and point out that the Quran only requires two wittiness for Talaq and makes no mention of it for marriage.

Among the things that can be included in this contract is a prohibition on the husband marrying other women or rules that can include giving up, or demanding, some responsibilities. It can also be used to regulate the physical relationship of the couple.
An important feature of a Marriage Contract is that which makes sexual intercourse legal. This is supported by many Haidths. According to the greatest Sunni hadith collection, the Sahih Bukhari, Volume 7, Book 62, Number 81,
Narrated 'Uqba:
The Prophet said: "The stipulations (in the marriage contract) most entitled to be abided by are those with which you are given the right to enjoy the (women's) private parts."

And in Al-Mughni by Ibn Qudaamah, part 7, Kitaab al-Nikaah [1], Muhammad is quoted: The most deserving of conditions to be fulfilled are those by means of which sexual intercourse becomes permissible for you

What makes intercourse legal is the giving of mahr. This is shown by, according to one lesser hadith collection, (Sunaan Abu Dawud, Book 11, Number 2121), Muhammed prohibited sexual relations with his daughter until she was given something.

Narrated A man from the Companion of the Prophet:
Muhammad ibn Abdur-Rahman ibn Thawban reported on the authority of a man from the Companions of the Prophet (pbuh): When Ali married Fatimah, daughter of the Apostle of Allah (pbuh), he intended to have intercourse with her. The Apostle of Allah (pbuh) prohibited him to do so until he gave her something. Ali said: I have nothing with me, Apostle of Allah. The Prophet (pbuh) said: Give her your coat of mail. So he gave her his coat of mail, and then cohabited with her.
It is also clear from the works of modern scholarship and traditional Sunni thought, for instance the Encyclopaedia of Islam states in the entry on mahr,

"According to a tradition in Bukhari the mahr is an essential condition for the legality of the marriage 'Every marriage without mahr is null and void'."
If a wife has stipulated that her husband is not to marry other woman, but he does anyway, she has the right to annul the marriage.
It is reported that its mustahab (recommended) for a woman to unveil herself to the man she intends to marry, and also that Muhammad commanded (once?). Ibn Taymiya was of the opinion that it is mustahab (recommended) for the would-be husband to see his future bride's head, face, hands and feet. However, Ibn Taymiya deemed it not permissible if he was alone with her. Rather, her father, or brother, or someone else must be with them. He based it on Muhammad having said:
"A man must never be alone with a woman unless there is someone who is a Mahram with them." (Bukhari, Muslim).

Answer 2

Here is an answer from a muslim, but before I provide u with the details, u must also understand that certain countries/ societies have their own additional laws and marriage related values.

In general Islam requires the following;

- The consent of both the bride and groom - Neither the bride nor groom can be forced into a marriage.

- Public announcment of this marriage

- The man must give the bride a dower or gift called “mahr”. This is usually money, but it can be any gift according to his means.The dower goes to the bride, not her family, and she has the total right to decide what to do with it. Thus it is not, as some critics have said, a “bride price”.

- The man also has the total responsibility to pay the household expenses. Even if a woman is wealthy, she does not have to spend any of her money on the maintenance of herself or the couple’s children

- A man and woman should enter into marriage with the intention of it being permanent

Some countries require official registration and paper work etc, this is civil law, not islamic and that is why Islam required public declaration of the marriage. Registration etc was simply not present during the early days of Islam.

Answer 3

The law of marriage under Islamic teaching its principles are governed by Allah at Surah 2 Al Baqarah and Surah 4 An Nisaa especially verse 22 up to 28.Your marriage have been noticed and licensed in Pakistan,so you have a legal married certificate as an evidence.Usually it should be registered at the official office for marriage.For a married as you know it should be (1)bride and bride groom (2) two male witnesses (3)representative of the bride father or your father himself and (4)mahar or gift from the bride groom and (5)saying married vows by the bride groom as witnessed by the officer from the marriage office.

Answer 4

y could u get married under muslim regulation whilst u r no longer muslims. i think of ur marriage isn't criminal because of the fact christians can't be married to extra desirable than one individual at a time. the guy who stated u husband and spouse is a fraud as nicely. because of the fact even muslims can't be married to extra desirable than one individual at a time. He would desire to divorce his first spouse and u would desire to then get married. Then it's going to be criminal. There are strict regulations that permit a guy to be married to 4 women at a time. quite everyone has to agree and actually everyone seems to be dealt with an identical way. in my view i belive no guy is physically powerful sufficient to have 4 different halves. Prem_raj is absoluty good.

Answer 5

hi ,i read a guy wrote about subjugating women in Islamic laws which is completely vise verse ,means it takes too hard to men cause when a man wants to marry he should promise the woman about a great amount of money(dowry) she needs first ,and should pay it at any time she wants it or if they divorce ,and also the woman has got the right not to let the husband marry again,and also she has the right to condemn her husband to jail because of too many options.