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Chapter 5 of 53 min read
الزواج وشروطه وفق السنة
The chapter on nikah (marriage) in Al-Wajiz fi Fiqh as-Sunnah presents the Islamic law of marriage with direct reference to Quranic commands and Prophetic guidance, covering the conditions, obligations, and recommended practices that make marriage the foundation of the Muslim family and society.
Marriage is strongly encouraged in Islam. The Prophet said: 'O young men, whoever among you has the means, let him marry, for it lowers the gaze and protects chastity. Whoever cannot, let him fast, for it is a restraint for him' (al-Bukhari, Muslim). The Quran establishes the purposes of marriage: 'And He created for you from among yourselves partners, so that you may find tranquility in them, and He placed between you affection and mercy' (ar-Rum 30:21).
The conditions for a valid marriage contract, as derived from the Sunnah, include: a willing offer and acceptance (ijab and qabul), the presence of witnesses, and the payment or commitment of mahr. The Prophet said: 'There is no marriage without a guardian (wali) and two witnesses of good character' (Ahmad, Ibn Hibban — authentic). This hadith is the primary basis for requiring the wali in the marriage contract, and the majority of scholars (Maliki, Shafi'i, Hanbali) hold the wali to be a condition of validity. The Hanafi school holds the position that an adult woman may contract her own marriage, citing other texts. Al-Wajiz notes both positions with their evidence.
The mahr (dower) is an obligatory right of the wife established by the Quran: 'Give women their dowers as a free gift' (an-Nisa 4:4). There is no minimum or maximum prescribed by the Quran or most reliable hadiths, though scholars have noted the Prophet's statement: 'The most blessed marriage is the one with the least burden' — indicating that a small mahr is not shameful. The Prophet married some companions' wives with mahr as simple as teaching the bride Quranic verses or a ring of iron.
The Prophet forbade certain prohibited marriages: a man may not simultaneously be married to a woman and her paternal or maternal aunt (al-Bukhari, Muslim); he may not have more than four wives at one time; he may not marry women in the prohibited degrees of kinship established by Surah an-Nisa (4:22–23). These prohibitions are absolute and not subject to scholarly dispute.
The Prophet's conduct in marriage provided the model for the mutual treatment of spouses. He said: 'The best of you are those who are best to their wives, and I am the best of you toward my wives' (Tirmidhi — authentic). He commanded men to provide for their wives' food, clothing, and shelter, and he commanded both spouses to treat each other with kindness. The Quran commands: 'Live with them in kindness; even if you dislike them, perhaps you dislike something through which Allah has placed much good' (an-Nisa 4:19).
On divorce, the Prophet called it 'the most hated of permitted things to Allah' (Abu Dawud — some debate its chain, but its meaning is supported by other texts). He demonstrated the revocable divorce (talaq raj'i) through which a husband may return to his wife within the waiting period (iddah) without a new contract. After three divorces, the couple may not remarry unless the woman has married another man of her own free will and that marriage ends through death or divorce — a condition designed to prevent the casual abuse of divorce.
Al-Wajiz concludes this chapter by emphasizing the Prophet's holistic teaching on family life: that marriage is worship, that children are a trust, that maintaining family ties is obligatory, and that the Muslim household is the foundation of a righteous society.