Marriage in Islam
The term “marriage” in linguistic terms signifies the act of joining or coupling. It is also used to refer to the contract and consummation, where two parties unite and become spouses to one another. In a more technical sense, marriage is a contract that grants each partner the legal right to enjoy the other in a manner that is permissible within Islamic law. The ruling regarding marriage varies depending on individual circumstances: for some, it is obligatory, particularly for those who can marry and fear for their faith due to remaining single; for others, it is recommended if they do not perceive any risk or hardship in remaining unmarried. Additionally, abstaining from marriage without a valid excuse is discouraged.
Components of the Marriage Contract
The marriage contract in Islam comprises three essential components:
- The existence of both partners who are free from obstacles that can invalidate the marriage. One such obstacle includes a disparity in faith, such as a non-Muslim man marrying a Muslim woman. Other prohibitive factors include familial relationships by blood or breastfeeding.
- The pronouncement of an offer, made by the guardian or someone in their place, stating something like, “I have married you to such-and-such woman.”
- The acceptance of the offer, articulated by the groom or his representative, confirming with a statement such as, “I accept.”
Conditions of the Marriage Contract
For the marriage contract to be valid, it is required that both spouses are clearly identified, whether through naming, signaling, or description. Additionally, both parties must express mutual consent towards one another, and the contract must be officiated by the bride’s guardian. It is also essential to have witnesses present during the marriage ceremony. The guardian must be rational, mature, free, just, male, and possess sound judgment, without being openly sinful. Finally, it is crucial that both partners share the same faith, as a non-Muslim does not hold guardianship over a Muslim.
The Wisdom behind Marriage
Marriage serves to protect and preserve the integrity of both spouses while safeguarding society from moral decay and corruption. It also provides mutual enjoyment for the partners, encompassing the rights and responsibilities that each owes to the other. Furthermore, marriage fosters connections between families, allowing for the continuation and well-being of the human race. Without the institution of marriage, humanity would face extinction.