Regulations of Marriage
Marriage, in linguistic terms, refers to the union of one entity with another, resulting in both becoming pairs after having existed as individuals. The term also denotes the concept of joining together. From a jurisprudential perspective, marriage is a contract that allows each spouse the right to enjoy the other within permissible boundaries. Numerous issues related to marriage have been clarified by scholars, and the following are some key points.
Status of Marriage
The legal rulings regarding marriage vary based on an individual’s circumstances, capabilities, and preparedness. Consequently, marriage is classified into five distinct categories, detailed as follows:
- Obligatory Marriage: Marriage becomes obligatory when there is a fear of falling into prohibited acts if one remains unmarried. It is thus essential for personal dignity and to protect oneself from such transgressions. Some scholars assert that individuals in this condition must marry regardless of their ability to do so, as Allah Almighty has promised those who marry will find wealth.
- Recommended Marriage: This category applies when there is desire without the fear of succumbing to forbidden actions or immoral behavior.
- Permissible Marriage: This applies in cases where there is no desire or inclination toward marriage.
- Disliked Marriage: This is applicable when the husband fears he may oppress his wife or deny her rights. Additionally, it may be deemed disliked if there is a lack of desire, or if marriage hinders one from fulfilling recommended acts of worship.
- Forbidden Marriage: This pertains to situations where a Muslim intends to marry a non-believer in a territory hostile to Muslims, due to the potential risks this poses to their offspring.
Elements of the Marriage Contract
A marriage contract cannot be validated without the presence of certain essential elements, which include:
- The presence of both spouses, ensuring they are free from any impediments to marriage validity, such as prohibited blood relations or breastfeeding ties, or if the woman is in a waiting period (iddah).
- The initiation of the offer, referred to as “ijab,” which is expressed by the guardian or an authorized representative.
- The acceptance, referred to as “qubul,” which is articulated by the husband or a representative acting on his behalf.