Part 1

The Fiqh of Marriage in the Light of the Quran and Sunnah

Covering the Dower, Wedding Night, Wedding Feast and Rights of the Husband and Wife

Dr. Saalih ibn Ghaanim al-Sadlaan Professor, College of Shareeah Muhammad ibn Saud Islamic University Riyadh, Saudi Arabia

Translated by Jamaal al-Din M. Zarabozo

Printed at the Expense of the Late Qasim Darwish Fakhrou

‘The Figh of Marriage

INTRODUCTION TO THE SECOND EDITION ..ssscsssssessessssssssees

INTRODUCTION TO THE [FIRST EDITION] OF THE BOOK.

THE TYPES OF RIGHTS OF THE WIFE UPON HER HUSBAND. THE RULING CONCERNING STATING THE DOWER AT THE TIME OF THE MARRIAGE CONTRACT THE STATUS OF THE DOWER THE MAXIMUM AMOUNT OF DOWER ALLOWED THE MINIMUM AMOUNT ALLOWABLE FOR A DOWER. EXTRAVAGANT DOWERS: THE CAUSES, RESULTS AND RULING ‘WHEN THE WOMAN IS ENTITLED TO HER ENTIRE DOWER PAYING HALF OF THE DOWER.

CONTRACTING OF THE MARRIAGE ... CASES WHEREIN THE MAN IS NOT OBLIGED TO PAY ANY PORTION OF THE

THE RULING CONCERNING PAYING THE DOWER ON THE SPOT OR OVER TIME... THE RULING CONCERNING A PORTION OF THE DOWER PAID IN ADVANCE O ORA GIFT GIVEN TO THE BRIDE IN THE CASE WHERE THE MAN DECIDES NOT TO

MARRY THE WOMAN .. ENGAGEMENT RINGS: THEIR RULING FOR EITHER MEN OR WOMEN

TWO: ANNOUNCING THE MARRIAGE AND MAKING IT KNOWN . 69

THE RULING CONCERNING MAKING THE MARRIAGE KNOWN THE MEANING OF ANNOUNCING THE MARRIAGE...

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THREE: THE WEDDING DINNER (AZ-WALEEMAH) AND AN ADMONITION CONCERNING EXTRAVAGANCE AT WEDDING PARTIES ....

THE ROOT OF THE WORD WALEEMAH, ITS LINGUISTIC AND TECHNICAL DEFINITION.

FOUR: CONGRATULATIONS UPON MARRIAGE AND SUPPLICATIONS FOR THE SPOUSE...

THE WISDOM BEHIND THE SANCTIONING OF CONGRATULATIONS... WHAT THE CONGRATULATING PERSON SHOULD SAY TO HIS BROTHER. THE HONEYMOON

FIVE: A WARNING AND A CURE ASI SEE IT

SIX: ETIQUETTE OF THE WEDDING NIGHT AND MARITAL

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Tn the name of Allah, Most Compassionate, Most Merciful

All praises are due to Allah; we praise Him; we seek His help; we seek His forgiveness; and we seek His guidance. We seek refuge in Allah from the evil in our souls and the badness of our deeds. For whomever Allah guides, there is none to lead him astray. And for whomever He allows to go astray, there is none to guide him. I bear witness that there is none worthy of worship except Allah, for whom there is no partner. And I bear witness that Muhammad is His servant and Messenger.

The vast majority of Muslims will get married at one time or another in their lives, if they have not already done so. Marriage is definitely one of the most important events that takes place in one’s private life. However, like all other aspects of one’s life, one must be careful to follow the proper steps when it comes to marriage. One must be guided by the laws of Allah when it comes to the marriage proposal, seeing the prospective bride, the marriage contract, the marriage ceremony, the dower and so forth. Too many times these issues are ruled not by Islamic law but by the prevalent customs of the people. The customs have become the standard to such an extent that many people are not aware that some of those customs are in contradiction with what the Quran and sunnah have laid down as guidance for mankind. The situation has sometimes deteriorated to the point that when people are told of the true teachings of Islam concerning marriage, they reject it as something foreign and alien to what they have come to know as “Islam.”

It is imperative that all Muslims return to the Quran, sunnah and Islamic figh to guide them in matters related to marriage. Every aspect of a person’s life should be guided by the revelation and guidance that has come from Allah. This is true for everything from the way the government runs to how a person treats his or her own spouse. No action

‘The Figh of Marriage

falls outside of the watchful view of Allah and, hence, no action falls outside of the guidance of His religion.

Dr. Saalih ibn Ghaanim al-Sadlaan (may Allah reward him and preserve his life) has striven to remove much of the mistaken notions concerning married life in Islam. He has written three small but excellent works that cover some of the most important aspects of marriage. One of these works concerns marital discord (al-nushooz). A second work, of which a new edition is currently being prepared, deals with “pre-nuptial contracts” or conditions in the marriage contract. The third work, which is now before the reader, is a more general discussion of the basic aspects of the dower, the marriage ceremony and wedding party, and the rights of the husband and the wife. It is hoped that these works will allow Muslims to understand and implement the guidance of Islam related to marriage. In doing so, they will lead themselves by the grace and mercy of Allah to the best way of life in this world and to Allah’s pleasure in the Hereafter.

I would like to express my personal thanks to Shaikh Saalih alSadlaan for giving us the permission to translate this work and his other works. I would also like to thank Br. Homaidan al-Turki for his relentless efforts in getting these works published. I must also the sister, who prefers to remain anonymous, who edited and commented upon the manuscript. And last but not least, I would like to thank my beloved wife for her continual support, help and patience. May Allah reward all of them with a great reward in both this life and the Hereafter.

The translator, Jamaal al-Din M. Zarabozo

Boulder, CO January 25, 1999

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Introduction to the Second Edition

All praise be to Allah who created for us spouses from our own selves and has placed between us love and mercy. That is one of His great signs.

Peace and blessings be upon the one to whom his Lord said, “We have sent messengers before you and We made for them wives and offspring” (a/-Raad 38), our Prophet Muhammad. Upon him be the best of blessings and most complete peace.

Since the issues related to married life, wedding feasts and consummation are among those issues for which people need explanations with shareeah evidence, I thought it good to write about what every Muslim should know concerning these matters.!

I have joined together two of my books in this research that is in front of you. Those works covered the dower, wedding party, manners related to the night of the wedding and the obligatory rights of each spouse. I have also added discussions clarifying some of the negative aspects and mistakes that some people commit concerning those topics.

This is the second edition of this book. The necessary corrections to the first edition were made. Care was also taken to discuss the sources of the hadith and to clarify matters that needed to be clarified. In addition, some new topics were discussed.

This is my striving and Allah is the one to be asked to make it beneficial when it goes back to Him. And He is the one to be asked to

1 We have written two other books related to marital issues. These are al-Shuroot al-Nikaab (“Conditions in the Marriage Contract”), which was completed in 1391 AH. and for which a second edition is under preparation, and al-Nushooz (“Marital Discord”) which was completed in 1412 AH. [By the race and mercy of Allah, alNushooz has been translated into English and published by al-Basheer Company for Publications and Translations. The other work, al-Shuroot, is a future project, Allah willing, of al-Basheer Company—JZ]

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make it on the scales of my good deeds on the day in which wealth and children will not avail anyone except for the one who comes to Allah with a pure heart. And may the peace and blessings be upon our Prophet Muhammad, his family and all of his Companions.

Saalih ibn Ghaanim al-Sadlaan

(may Allah pardon him, his parents and all Muslims)

‘The Fight of Marriage

Introduction to the [First Edition! of the Book

There came over woman a period of time in which her situation was restless. Her affairs were not calm at all. She was helpless and feeble. Her rights were stolen from her. She was robbed of her very will, smashed of her soul. She was being overpowered in her affairs, despised in her place and dependent upon others with respect to her own dealings.

The Roman husband could have her put to death whenever he willed. The Greeks considered her a piece of chattel. The Jews despised her and considered her something impure. Worse than that, the Christians were at a loss concerning her, not knowing if she were a human with a soul or without a soul. Finally, she was taken as a bad omen, which resulted in female infanticide, as was the case with the Arabs in the Days of Ignorance.

After ail of that misery that she had to taste and all of that suffering that her heart had to swallow throughout the ages, the light of Islam shined and established the balance of truth for the honor of women. Islam gave her all of her rights, without any shortcoming. It taised her being from the shackles of disgrace that she had been facing throughout history. Islam announced her complete humanness and her qualifications for complete rights. It also protected her from being the plaything of desires and the trial of being simply a source of sexual, animalistic enjoyment. It made her an active component in furthering the society, in holding it together and keeping it wholesome.

The fundamental reforms and shareeah rights brought about by Islam included her receiving rights over her husband, in the same way that he has rights over her. These rights also include:

The dower: This is property exclusively for her possession and is one of her rights, as a token of respect for her and as a symbol of her worth and indispensability. It does not mean that she is a piece of merchandise that one buys. Instead, it is a symbol of honor and esteem.

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It is also a sign of affection and a builder of the ties of love and mercy. It is also something that takes into consideration the woman’s natural desire for possessions and adornments. It is also a clear sign of the husband’s determination to bear the responsibilities of marriage and to fulfill her rights. It is like a first step in the many practical steps to improve the situation of the wife and to make her realize her place in society and to make her realize that [as a wife] she is something sought after and wanted.