Marriage (Nikah)

Marriage (nikah) is one of the most important institutions in Islamic law and one of the greatest of social contracts. Allah Most High says: "And among His signs is that He created for you from yourselves mates that you may find tranquility in them; and He placed between you affection and mercy” (al-Rum 30:21). The Prophet, peace be upon him, said: "O young people, whoever among you can afford marriage should marry, for it is more effective in lowering the gaze and guarding chastity” (Bukhari and Muslim).

Ruling on Marriage: The ruling varies based on personal circumstances. It is: obligatory (wajib) upon one who desires marriage, can afford it, and fears falling into fornication if he does not marry; recommended (mustahabb) for one who desires marriage without fearing harm; permissible (mubah) for one without desire; discouraged (makruh) for one who would neglect the rights of a spouse; and prohibited (haram) for one who would certainly harm the spouse.

Pillars (Arkan) of Nikah: The Hanbali school identifies three essential elements: (1) The offer (ijab) from the guardian (wali) or his representative; (2) The acceptance (qabul) from the groom; (3) Two Muslim male witnesses of sound character (adl). Without these three, the marriage is invalid.

The Guardian (Wali): The wali is an essential condition (shart) for marriage in the Hanbali school. A marriage contracted without a guardian is invalid, based on the hadith: "There is no marriage except with a guardian” (Abu Dawud and Tirmidhi, authenticated by many scholars). The order of guardians is: the father, then the paternal grandfather, then the brother, then the paternal uncle, then their sons, and finally the judge if no male relative exists. A guardian may not force a woman into marriage against her will — her consent is required.

The Mahr (Bridal Gift): The mahr is an obligatory gift from the husband to the wife, specified or to be determined. It is her right exclusively and she may spend it however she wishes. There is no minimum amount specified in the Quran or Sunnah — anything of value that can be given as a gift is valid, even a ring of iron. The wife may defer the mahr or forgive part of it, but the husband cannot unilaterally withhold it.

Women Prohibited for Marriage: Certain women are permanently prohibited: mothers, daughters, sisters, aunts, nieces, foster mothers, foster sisters, and mothers-in-law. Temporarily prohibited: the sister of one's wife while married to her (one may not be married to two sisters simultaneously), a woman in 'iddah (waiting period), a woman who is already married, and a woman in ihram for Hajj or Umrah.

Rights and Duties: The husband's obligations include: the mahr; fair and kind treatment (mu'asharah bil-ma'ruf); financial maintenance (nafaqah) — food, clothing, housing; and not harming her. The wife's primary obligations include: obedience in lawful matters; protecting the household and the husband's honour in his absence; and not admitting anyone the husband disapproves of into the home.