- Slides: 21
Fiqh of Marriage Instructor: Aysha Wazwaz
Marriage in Islam and its legislature ﻣﺸﺮﻭﻋﻴﺔ ﺍﻟﺰﻭﺍﺝ General ruling on marriage in Islam Allah Almighty considers it a sign of His glory (36 ﺳﺒﺤﺎﻥ ﺍﻟﺬﻱ ﺧﻠﻖ ﺍﻷﺰﻭﺍﺝ ﻛﻠﻬﺎ )ﻳﺲ (21 ﻭﻣﻦ ﺀﺍﻳﺎﺗﻪ ﺃﻦ ﺧﻠﻖ ﻟﻜﻢ ﻣﻦ ﺃﻨﻔﺴﻜﻢ ﺃﺰﻭﺍﺟﺎ )ﺍﻟﺮﻭﻡ The prophet peace be upon him asking the youth to get married Prophets way Natural order, natural fitra, if going halal becomes worship Media portrays marriage as boring, to much responsibility Delaying the age of marriage is part of fasad, since it contradicts Islamic order from beginning.
Marriage a natural order (49 ﻭﻣﻦ ﻛﻞ ﺷﻴﺀ ﺧﻠﻘﻨﺎ ﺯﻭﺟﻴﻦ ﻟﻌﻠﻜﻢ ﺗﺬﻛﺮﻭﻥ ) ﺍﻟﺬﺍﺭﻳﺎﺕ The natural fitra goes in the order and follows the system God had created in this world. Going against fitra is therefore harram, and a spiritual denouncer. Therefore, homosexuality, or any type of sexual fulfillment outside of legitimate married couple of man and women is harram, and a major sin. ﻭﺍﻟﺬﻳﻦ ﻫﻢ ﻟﻔﺮﻭﺟﻬﻢ ﺣﺎﻓﻈﻮﻥ ﺇﻻ ﻋﻠﻰ ﺃﺰﻭﺍﺟﻬﻢ ﺃﻮ ﻣﺎ ﻣﻠﻜﺖ ﺃﻴﻤﺎﻧﻬﻢ In the Quran any type of sexual act outside of marriage is ﻓﺎﺣﺸﺔ
Marriage family rights Have safe, secure and healthy children, women and men. Rights and responsibilities to manage the marriage system in a certain direction. Preserve families from physical, psychological and social disorders. "The choice of spouse is one of the most significant you'll make in your life; it is more serious than choosing a house or anything, " says Brian Baker, a psychiatrist at the University of Toronto. "There is nothing like a good, solid marriage. "
Health facts and marriage "The benefits are better physical health, more resistance to infection, fewer infections, and a reduced likelihood of dying from cancer, from heart disease, from all major killers, " psychologist and author John Gottman, Ph. D, tells Web. MD "There are physical benefits and mental health benefits, " says Gottman. "You have less depression, less anxiety disorders, less psychosis, less posttraumatic stress disorders, fewer phobias. You also have fewer injuries due to accidents. "
Islam against celibacy. Anas (May Allah be pleased with him) reported: Three men came to the houses of the wives of the Prophet (PBUH) to inquire about the worship of the Prophet (PBUH). When they were informed, they considered their worship insignificant and said: "Where are we in comparison with the Prophet (PBUH) while Allah has forgiven his past sins and future sins". One of them said: "As for me, I shall offer Salat all night long. " Another said: "I shall observe Saum (fasting) continuously and shall not break it". Another said: "I shall abstain from women and shall never marry". The Prophet (PBUH) came to them and said, "Are you the people who said such and such things? By Allah, I fear Allah more than you do, and I am most obedient and dutiful among you to Him, but still I observe fast and break it; perform Salat and sleep at night and take wives. So whoever turns away from my Sunnah does not belong to me". [Al-Bukhari and Muslim]. - ﻭﻋﻦ ﺃﻨﺲ ﺭﺿﻲ ﺍﻟﻠﻪ ﻋﻨﻪ ﻗﺎﻟﺟﺎﺀ ﺛﻼﺛﺔ ﺭﻫﻂ ﺇﻟﻰ ﺑﻴﻮﺕ ﺃﺰﻭﺍﺝ ﺍﻟﻨﺒﻲ ﻳﺴﺄﻠﻮﻥ ، ﺻﻠﻰ ﺍﻟﻠﻪ ﻋﻠﻴﻪ ﻭﺳﻠﻢ ﻋﻦ ﻋﺒﺎﺩﺓ ﺍﻟﻨﺒﻲ ﺻﻠﻰ ﺍﻟﻠﻪ ﻋﻠﻴﻪ ﻓﻠﻤﺎ ﺃﺨﺒﺮﻭﺍ ﻛﺄﻨﻬﻢ ﺗﻘﺎﻟﻮﻫﺎ ، ﻭﺳﻠﻢ ﻭﻗﺎﻟﻮﺍﺃﻴﻦ ﻧﺤﻦ ﻣﻦ ﺍﻟﻨﺒﻲ ﺻﻠﻰ ﺍﻟﻠﻪ ﻋﻠﻴﻪ ﻭﺳﻠﻢ ﻗﺪ ﻏﻔﺮ ﺍﻟﻠﻪ ﻟﻪ ﺗﻘﺪﻡ ﻣﻦ ﺫﻧﺒﻪ ﻭﻣﺎ ﺗﺄﺨﺮﻗﺎﻝ ﺃﺤﺪﻫﻤﺃﻤﺎ ﺃﻨﺎ ﻓﺄﺼﻠﻲ ﺍﻟﻠﻴﻞ ﺃﺒﺪ ﻭﻗﺎﻝ ﺍﻵﺨﺮﻭﺃﻨﺎ ﺃﺼﻮﻡ ﺍﻟﺪﻫﺮ ﺃﺒﺪ ﻭﻻ ﻭﻗﺎﻝ ﺍﻵﺨﺮﻭﺃﻨﺎ ﺃﻌﺘﺰﻝ ، ﺃﻔﻄﺮ ﻓﺠﺎﺀ ، ﺍﻟﻨﺴﺎﺀ ﻓﻼ ﺃﺘﺰﻭﺝ ﺃﺒﺪ ﺭﺳﻮﻝ ﺍﻟﻠﻪ ﺻﻠﻰ ﺍﻟﻠﻪ ﻋﻠﻴﻪ ﻭﺳﻠﻢ ﺇﻟﻴﻬﻢ ﻓﻘﺎﻟﺄﻨﺘﻢ ﺍﻟﺬﻳﻦ ﻗﻠﺘﻢ ﻛﺬﺍ ﻭﻛﺬﺍ؟!ﺃﻤﺎ ﻭﺍﻟﻠﻪ ﺇﻧﻲ ﻷﺨﺸﺎﻛﻢ ، ﻟﻠﻪ ﻭﺃﺘﻘﺎﻛﻢ ﻟﻪ ﻟﻜﻨﻲ ﺃﺼﻮﻡ ﻭﺃﻔﻄﺮ ، ﻭﺃﺘﺰﻭﺝ ﺍﻟﻨﺴﺎﺀ ، ﻭﺃﺼﻠﻲ ﻭﺃﺮﻗﺪ ﻓﻤﻦ ﺭﻏﺐ ﻋﻦ ﺳﻨﺘﻲ ﻓﻠﻴﺲ ﻣﻨﻴ ( )ﻤﺘﻔﻖ ﻋﻠﻴﻬ
Marriage and realities Poll: Importance of Marriage Dropping Among Americans Within the Muslim community, marriage is a problem: Financial problems Finding the right person Cultural differences Generation barriers Lack of awareness Book smart, social ignorance on how to win hearts over arguments Family interference Financial pressure, along with degree and dream pressures.
Claiming the marriage is not important Some ideas in the community Marriage is a headache Marriage is a barrier to success Marriage is disgusting I don’t want to talk about marriage with my teenage daughters… Marriage is never successful Marriage is disgusting
Level of recommendations in general / ﻭﺍﺟﺐ Sunnah: highly recommended ﺳﻨﺔ ﻣﺆﻜﺪﺓ Sunnah: recommended ﺳﻨﺔ Mubah: permissible ﻣﺒﺎﺡ Makrooh: hated ﻣﻜﺮﻭﻩ Harram: forbidden ﺣﺮﺍﻡ Obligatory ﻓﺮﺽ
Level of recommendation of marriage Scholars had different opinions Obligatory , which would mean that the person that leaves marriage is sinning, during capability ﻓﺮﺽ ﻛﻔﺎﻳﺔ community obligation Permissible when having the desire, and obligatory when fearing zina Makrooh, claimed to have been said by Alshafi’ee.
When is marriage harram or makrooh Marriage would be makrooh in the situation: If /he/she is incapable of fulfilling marriage duties Financial for wife and family Psychological incapability of not being able to e just with his wife or husband. Such as certain bipolar or mental disorders Some scholars hated it for hostages in a place other than a Muslim place in fear of his children growing up in non Muslim areas.
Preponderant ruling on marriage in general Recommended and liked as the Quran and sunnah indicates in general. Celibacy is hated, and does not increase faith/eman or spirituality. Some scholars have said in case of sickness, where person has no sexual desire, marriage is not as recommended to a normal situation. In conclusion, marriage depends on each individual's physical and psychical demand, and capability of fulfilling its needs.
Marriage conduct Marriage conduct/ contract a special place in Islam ﻣﻴﺜﺎﻕ ﻏﻠﻴﻆ Unlike other contracts Islam obligated certain conditions Wedding, party a must Family participation Family agreement Gifts/ dowry Shared life A hard long processes to leave this contract The contract has literal verbal words to be said. This is a serious issue
What must be in a marriage contract Consent from both sides Waliy for the woman Two witnesses dowry
What marriage does necessarily have to have, therefore valid…. Does not have to have a wedding, but must be announced. Does not have to be in a masjid Does not have to be done by the imam Does not have to have paper work, but beware of these contracts women are the first victims