Nikah and Commercial Transactions in Al-Kafi

Ibn Qudamah's chapter on nikah (marriage) in Al-Kafi is notable for its comprehensive treatment of both the spiritual dimensions and the legal mechanics of the marriage contract. He opens by citing the Quranic encouragement to marry: 'Marry those among you who are single and the righteous among your male and female slaves. If they are poor, Allah will enrich them from His bounty' (24:32), and the prophetic exhortation: 'O young men, whoever among you can afford it, let him marry; it is more restraining for the gaze and more protective of chastity' (al-Bukhari, Muslim).

The essential elements of the marriage contract are: the wali (guardian) on the bride's side, the groom, two male Muslim witnesses, the offer (ijab), and the acceptance (qabul). Ibn Qudamah argues that the wali's role is obligatory based on the hadith: 'Any woman who marries without the permission of her guardian — her marriage is invalid, invalid, invalid' (Ahmad, Abu Dawud, Al-Tirmidhi). If a woman has no natural guardian, the Islamic judge (qadi) acts as her guardian.

The mahr (dower) is an obligatory gift from the husband to the wife, established by Quranic command (4:4). There is no minimum in the Hanbali school — anything of established value, even teaching the wife Quran, may serve as mahr according to one view within the madhab. The mahr belongs exclusively to the wife and cannot be taken back except by her free will.

Divorce, nullification of marriage (faskh), and the waiting period ('iddah) are treated systematically. The 'iddah for a divorced or widowed woman who has been consummated with is three complete menstrual cycles, or three months if she does not menstruate. A widow's 'iddah is four months and ten days, based on the Quranic verse (2:234). A pregnant woman's 'iddah lasts until she gives birth, regardless of duration.

In commercial transactions, Ibn Qudamah presents the Hanbali principle that all transactions are permissible unless there is a specific prohibition. This is the default rule (ibahah asliyyah) in mu'amalat, which the Hanbali school generally holds, though the Shafi'i school requires positive proof of permissibility. Under this principle, all contracts not involving riba, gharar (excessive uncertainty), or unlawful subject matter are valid.

Riba is treated as an absolute prohibition with no exceptions. Ibn Qudamah distinguishes between riba al-fadl (the exchange of equal commodities in unequal amounts) and riba an-nasi'ah (deferred exchange of ribawi commodities). The six ribawi items mentioned in the famous hadith (al-Bukhari, Muslim) — gold, silver, wheat, barley, dates, salt — cannot be exchanged among items of the same type except in equal amounts and on the spot.

Ibn Qudamah closes this section by noting that the Prophet (peace be upon him) described the honest, trustworthy merchant as one who will be 'with the prophets, the truthful, and the martyrs' on the Day of Resurrection (Al-Tirmidhi), demonstrating that commercial life is not separate from spiritual excellence but can itself be a form of worship when conducted with integrity and adherence to the Shariah.