Part 14

Abi Said al-Khudri (as) reported that Allah’s Messenger (88)

said: Jtheel og B35 Dal ob Glial Lal, Lau Lis f ias Ccludll 3 cals

This fitnah is explained in another narration by Abii Sa‘id (<8) that once the Prophet (@$) gave a long speech about incidents from this life and the Hereafter, and among what he mentioned was the following:

1 Recorded by Muslim and others.

dndeed, what first destroyed the Children of Israel is that a poor man’s wife would require from him as much clothing and jewelry as a rich man’s wife. t

It is recommended to give the bride her mahr immediately after execution of the marriage contract. As we saw in the above examples, the Prophet (@) only asked the husband for what he could offer at the time of marriage, and not what he could pledge for a future date.

Yet, it is a very common practice to divide the mahr into two portions, an advanced portion paid at the execution of the marriage contract, and a postponed portion to be paid when divorce or death takes place between the spouses.

Postponing the mahr is, in general, an innovated inconvenience that departs from the normal practice in the Sunnah. It defeats the very purpose of mahr, which is to be a gift given to the bride prior to having any intimacy with her. It also burdens the husband with a large amount of money that he must pledge as a postponed debt to an indefinite term.

GREAT PUNISHMENT FOR TAKING AWAY A Woman’s MAHR

A woman’s mahr is a serious debt around a man’s neck. Thus, it is a major sin to take it away from her without her consent. Ibn ‘Umar (to) reported that Allah’s Messenger (8) said:

1 Recorded by Ibn Khuzaymah and Ahmad. Verified to be authentic by al-Albani (asSahthah no. 591).

Quest for Love & Mercy 81 The Marriage Contract

not give him his pay; and a man who kills an animal without reason. '

This hadith also points to a situation that is common in some of the Western countries. Some Muslim men coming from other countries marry Western Muslim women for a slight mahr, enjoy them for a period of time, and often obtain through them citizenship in their countries. Once they have fulfilled their need from them, they divorce them with a clear conscience! thus, they take advantage of their wives and, furthermore, underpay them their mahrs. They should fear Allah and remember that if they get by with such actions in this life, they will not do the same before Allah (3) on Judgment Day.

Conditions PERMISSIBILITY OF SETTING CONDITIONS

At the time of enacting the marriage contract, the two parties may wish to set conditions whose violation would invalidate the contract. This is permissible and acceptable, as long as the conditions do not violate any Islamic principles. The conditions are normally set by the wife’s side, because the husband can terminate the marriage by uttering the divorce and needs no conditions to facilitate that for him.

‘Ugbah Bin ‘Amir al-Juhani (<g) reported that the Prophet (88)

| Recorded by al-Hakim and al-Bayhaqi. Verified to be hasan by al-Albani (Sahih ulJami’ no. 1567 & as-Sahihah no. 999). 2 Recorded by al-Bukhari, Muslim, and others.

POWER OF THE CONDITIONS

If the conditions are Islamically acceptable, they must be fulfilled, and violating them would be sufficient cause for the wife to terminate the marriage if she so desires.

Al-Athram and ‘Abd ur-Rahman Bin Ghanam reported that a man married a woman and accepted her condition of wanting to stay in one house (i.e., town). Later on, he found it necessary to move to a different land, and his wife’s family disputed that with “Umar (4). ‘Umar said, “Her condition must be honored.” The man objected, “This is unfair to the men. So wheneyer a woman wishes to divorce her husband she would do so!” And ‘Umar replied:

"spl se Gl ble pgs le il!”

“The believers are required to maintain their conditions; and the rights cease where there are conditions to fulfill.” |

On the other hand, a condition may be waived by the wife, as an act of benevolence or forgiveness. Also, the Islamic judge may suspend a condition if he finds that it violates an Islamic principle.

It is interesting to note that, in another case, ‘Umar (4) suspended the same condition that he passed in the above narration. That could be due to some difference that he saw in the overall situation of the families between the two cases, leading him to different judgments (and Allah (@%) knows best).

“A woman should be with her husband (i.e., wherever

1 Recorded by Said Bin Mansir, Ibn Abt Shaybah, al-Bayhaqr. Verified to be authentic by al-Albanit (Inva’ul-Ghalil no. 1893).

Quest for Love & Mercy 83 The Marriage Contract

he moves).” ! Commenting on this, al-Bayhaqt (4) said:

“This report is closer to the Book and Sunnah, and agrees with others sahabah’s (%) opinion.”

As indicated above, if some of the conditions violate the Islamic teachings, they are automatically considered null and void. ‘A’ishah and Ibn ‘Abbas (ss) reported that the Messenger (85) said:

Cb Hho BIS fy Ibb 58 dl OLS al bb Joy

Umm Mubashshir al-Ansariyyah (14) reported that after the death of her husband al-Bara’ Bin Ma‘rir, Allah’s Messenger (8%) said to

1 Recorded by al-Bayhaqi. Verified to be authentic by al-Albant (/rwa*ul-Ghalil no. Recorded by al-Bukhari, Muslim, and others. Recorded by al-Bukhati and Aba Dawad.

cM a ssl ad Bll a 634 gl

<indeed, Zayd Bin Harithah’s wife has passed away, and I would like to find a wife for him; so I choose you for him.

It is recommended for the person conducting the marriage ceremony

2 Recorded by at-Tabarani and al-Bukhari(in at-Tarikh). Verified to be authentic by al-Albani (as-Sahihah no. 608).

Quest for Love & Mercy 85 ‘The Marriage Contract

to start with khubat ul-Hajah that was reported by Ibn Mas‘iid and Jabir (tt). |

[jab and qabiil (offering and acceptance) are the main and actual pillars of the contract. They signify the mutual agreement and acceptance between the two parties to join in this marriage bond. [jab and gabal must be stated in clear, well defined words, in one and the same sitting, and in the presence of the witnesses.

The person conducting the ceremony may help the two parties say the following (or something to the same effect):

a. The wali: CB) Ayan Kivg (96) al det he Legg Blab! by “ly Glued ey

“I offer you the woman under my custody (so-and-so) according to Allah’s (8%) Law and His Messenger’s (@) Sunnah, and for the mahr and conditions to which we have agreed.”

b. The bridegroom: (0) Mya ag (88) AU ded gle Ley Heal by ZAI, Glace ley “T accept marrying the woman sites your custordy (so-

and-so) according to Allah’s @%) Law and His Messenger’s (&) Sunnah, and for the mahr and

1 This khutbah is fully cited at the beginning of the Prelude of this book.

conditions to which we have agreed.”

The 7ab and gabil must coincide in content. Any discrepancy between them would invalidate the contract. For example, if the wali says, “I give you so-and-so in marriage for a mahr of one-thousand,” and the bridegroom responds by saying, “I accept marrying so-and-so for a mahr of eight hundred,” the contract becomes immediately invalid.

Documenting the marriage contract is not a requirement for the contract’s validity. However, it is important to document it for future reference and to preserve the rights of the husband and wife.

A sample marriage contract (or certificate) is included in Appendix A.