Conditions of Marriage in Islam

By Eman Abdallah Kamel

Eman is a writer and an engineer. She also studied at Zad Scientific Academy (an online academy) for Islamic Studies (Shariah).

Image source: istockphotos.com

In the name of Allah, the Entirely Merciful, the Especially Merciful.

And among His signs is that He created for you mates from among yourselves so that you may find comfort in them. And He has placed between you compassion and mercy. Indeed, this is a message for people who reflect. “Surah Ar-Rum (The Romans) 30:21“

Marriage

Marriage is one of the laws ordained by God Almighty for His servants. While mating generally applies to animals and plants, God distinguished humankind from all other creation by providing a suitable system that safeguards human dignity and preserves one’s status through lawful marriage. This system ensures a relationship between a man and a woman built on mutual respect and consent. In this way, the man’s natural needs are met soundly, ensuring the continuation of the human race and protecting women from being treated as commodities. Allah Almighty says in the Holy Quran,

And marry those among you who are single, as well as the righteous of your bondmen and bondwomen. Surah An-Nur (The Light) 24:32

Conditions

There are 4 conditions for a valid marriage.

Designating
The Consent
A Guardian
The Witnesses

1. Designating

Designating the two spouses.

2. The Consent

The consent of both parties is required. Neither may be forced to give their consent. Both the virgin and the non-virgin must give their consent before marriage. A virgin’s consent is expressed through silence when asked, while a non-virgin’s consent is expressed verbally.

3. The Guardian

A guardian must be a trustworthy adult male. The woman’s father has the right to give her in marriage, or her grandfather, regardless of how distant his lineage, or her son, then her first brother, or her half-brother, or their sons, or her first paternal uncle, or her second paternal uncle, or their sons, or her closest male relative from among the captives, or the ruler.

4. The witnesses

A marriage is not valid without two male witnesses.

Dowry

A dowry is the amount of money that the wife is entitled to from her husband at the time of the marriage agreement. Its legal foundation is moral and symbolic value, not material value.

Islam (full submission to God) has honored women and granted them the right of ownership, obligating the husband to provide her with a dowry as her inherent right. It is forbidden for anyone to take her dowry, or any part of it, without her consent.

It is preferable to request a small dowry.
The dowry may be paid in full or in part in advance, or it may be postponed entirely or partially to a later date. It is preferable to pay part of the dowry in advance.
A father may marry off his daughter with a dowry equal to, less than, or more than the dowry of a girl of the same class.
If a man divorces his wife before consummating the marriage, and he had specified a dowry, she is entitled to half of that dowry unless she or her guardian waives it.

Sources

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