The Pillars of Marriage According to the Four Schools of Thought
Scholars have differing opinions regarding the essential components of marriage. The Hanafi school holds that the primary components of marriage consist solely of the offer (ijab) and acceptance (qubul). The Maliki scholars identify five components: the guardian of the bride, the husband, the wife, the marriage formula, and witnesses. The Shafi’i school asserts that marriage has five essential elements: the marriage formula, husband, wife, two witnesses, and guardian. Meanwhile, the Hanbali scholars maintain that there are three key components: the two spouses, the offer, and the acceptance. Each school provides detailed explanations of these components.
The Marriage Formula
The scholars of the four schools agree that marriage is valid when established through a clear offer and acceptance, expressed verbally or by equivalent means. According to the majority of the Maliki, Shafi’i, and Hanbali scholars, the offer originates from the guardian of the bride, while the acceptance comes from the groom or his representative. The sequence of the offer and acceptance, as interpreted by the scholars, is as follows:
- For the Malikis and Shafi’is, it is permissible for the acceptance to precede or follow the offer.
This means that if the husband says to the guardian, “Marry me,” or “I wed your daughter,” this constitutes acceptance; if the guardian later responds, “I have married you,” this serves as the offer, and thus the marriage is valid.
- In contrast, the Hanbali scholars insist that the offer must precede the acceptance.
The acceptance cannot come first, as they argue that acceptance is contingent upon an offer. Therefore, if the groom says, “I wed your daughter,” and the guardian replies, “I have married you to her,” this would not be valid according to Hanbali principles.
- The Hanafi position maintains that the offer is defined as the first statement made, whether by the husband, the wife, or her guardian. The acceptance is regarded as the subsequent statement, regardless of whether it is made by the husband, the wife, or her guardian. For instance, if the husband states, “Marry me,” or “I wed your daughter,” this is considered the offer; if the guardian or wife responds, “I accept,” this serves as the acceptance, and the marriage is valid.
- The scholars converge on the point that the marriage is valid with the words “marriage” and “wed,” which are explicit terms for this contract.
Only the Shafi’i and Hanbali schools limit the marriage contract to these specific words, whereas the Hanafi and Maliki schools allow for the contract to be valid with other phrases that imply marriage.
The Role of Guardianship in Marriage
There are varying opinions among scholars about whether a guardian is a prerequisite for a valid marriage. These opinions are summarized as follows:
- The first opinion: The majority of scholars argue that a guardian is essential for the validity of a marriage.
They contend that the marriage contract cannot be valid without a guardian. If a woman marries without a guardian, the contract is deemed invalid. The woman cannot undertake her own marriage without a guardian’s involvement; should she do so, the marriage is null. The majority supports their position with several Quranic verses, such as:
- “And marry those among you who are single and the righteous among your male and female slaves.” This verse indicates that guardians have the authority to marry off anyone without a spouse, be it male or female.
- Additionally, the Prophet Muhammad (peace be upon him) stated: “Any woman who marries without her guardian’s permission, her marriage is invalid, her marriage is invalid, her marriage is invalid.”
- The second opinion: Abu Hanifah argued that a guardian is not necessary for the validity of the marriage contract.
He maintains that a woman has the right to marry herself or others, supported by the following:
- “And when you divorce women and they reach their term, do not prevent them from marrying their husbands when they agree among themselves in a fair manner.”
- Furthermore, the Prophet (peace be upon him) stated: “The widow has more right over herself than her guardian.”
Witnessing the Marriage Contract
While a marriage contract shares similarities with other contracts requiring mutual consent, offer, and acceptance, Islam elevates this contract, treating it with dignity and religious significance. The act of entering into marriage is regarded as an obedience to God, serving as a means of drawing closer to Him.
Given the significant consequences stemming from a marriage, such as the legitimacy of cohabitation, the obligation of the dowry, maintenance, and the establishment of lineage, and considering the possibility of either party denying these consequences, Islamic law mandates the presence of witnesses in the marriage contract.
Opinions among scholars regarding whether witnesses are a requirement for a valid marriage contract vary, and they can be summarized in two views:
- The first view:
The majority, including Hanafi, Shafi’i, and Hanbali schools, assert that witnesses are a necessary condition, and without them, the marriage is invalid. They support this stance with the verse: “And bring in to witness two just men among you when you conclude a contract.” This verse implies the importance of witnessing the marriage contract, which is even more crucial than witnessing a sales contract, given the greater significance of marriage.
- The second view:
Some scholars argue that witnessing is not a strict requirement; rather, making the marriage publicly known suffices. This opinion is attributed to a narration from Imam Ahmad and is held by the Maliki school.