- Slides: 12
Types of marriage contracts
Mut’a marriage (temporary marriage) ﻧﻜﺎﺡ ﺍﻟﻤﺘﻌﺔ Definition: marrying someone for an appointed limited time, set in the contract. Those that speak of it say that there is no inheritance, and they divorce with the expiration date. All Sunni scholars regarded temporary marriage as invalid ﺍﻟﺸﺎﻓﻌﻲ ﻭﻣﻦ ، ﺃﺒﻮ ﺣﻨﻴﻔﺔ ﻣﻦ ﺍﻟﻜﻮﻓﺔ ، ﺳﻔﻴﺎﻥ ، ﻭﺃﺼﺤﺎﺑﻪ ﻣﻦ ﺃﻬﻞ ﺍﻟﻤﺪﻳﻨﺔ ، ﻣﺎﻟﻚ ﺍﻷﻮﺯﺍﻋﻲ ، ﺍﻟﻠﻴﺚ ﺑﻦ ﺳﻌﺪ ﻣﻦ ﺃﻬﻞ ﻣﺼﺮ ﻭﺍﻟﻤﻐﺮﺏ ، ﺳﻠﻚ ﺳﺒﻴﻠﻪ ﻣﻦ ﺃﻬﻞ ﺍﻟﺤﺪﻳﺚ ﻭﺍﻟﻄﺒﺮﻱ ، ﻭﺇﺳﺤﺎﻕ ﻭﺃﺒﻮ ﻋﺒﻴﺪ ﻭﺩﺍﻭﺩ ، ﺃﺤﻤﺪ ، ﻣﻦ ﺍﻟﺸﺎﻡ A common confusion that many misunderstand saying that the Hanafi scholar ﺯﻓﺮ had said that its not invalid but ﻓﺎﺳﺪ , which he considered that the timing condition is whats invalid, and that we just disregard the condition and the marriage is valid.
What about what was said about some scholars that they had permitted Mut’a marriage? Fiqh is not dependant on who said what, but what evidence that supports it. Not all companions had all the knowledge of the latest report. The latest report was mentioned in Sahih Bukhari (Hadith no. 5115) and Muslim that Ali ibn Abi Taleb had said: the prophet had forbid Mut’a marriage and eating donkeys meat during the time of Khaybar” In Sahih Muslim (hadith 1406) : based on the hadith narrated by ﺳﺒﺮﺓ ﺍﻟﺠﻬﻨﻲ that the prophet peace be upon him had said: “I had allowed you before to have Muta’a with women, God Almighty had forbid this until judgement day, who ever has any women, then he must let her go, and do not take anything from what you had given them. ”
Married a women on a condition to divorce her. Appointing any end date invalidates the marriage. Other scholars from the Hanafi do say that the marriage is valid, but the condition is void.
ﻧﻜﺎﺡ ﺍﻟﻤﺤﻠﻞ marriage of Almuhalil (the man that marries a women to make her lawful to her previous husband) If a man divoces his wife three times, he may not go back to her, unless she marries another man, in a complete marriage (i. e. sexual relations) and not just a contract, with no prior agreement what so ever. If a man gets married to the woman, with the intention to do that, that is ﻧﻜﺎﺡ ﺍﻟﻤﺤﻠﻞ the marriage of Almuhalil (permitting attempt). » ﻓﺈﻥ ﻃﻠﻘﻬﺎ ﻓﻼ ﺗﺤﻞ ﻟﻪ ﻣﻦ ﺑﻌﺪ ﺣﺘﻰ ﺗﻨﻜﺢ ﺯﻭﺟﺎ : ﻗﺎﻝ ﺗﻌﺎﻟﻰ (23 ﻏﻴﺮﻩ « )ﺍﻟﺒﻘﺮﺓ 2: 23: “and if he divoraces her, then she is not permissible to him, unless she marries another man”.
Ruling on Nikah Almuhalil This kind of marriage is void, and impermissible. Abu Hanifa, said the marriage is valid, but the condition is invalid. Ibn Mas’ood, may Allah be pleased with him said: “the prophet peace be upon him had cursed the man that marries to permit the marriage, and the man that she was married to” » ﻟﻌﻦ ﺭﺳﻮﻝ : ﻗﺎﻝ ﺭﺳﻮﻝ ﺍﻟﻠﻪ ﺻﻠﻰ ﺍﻟﻠﻪ ﻋﻠﻴﻪ ﻭﺳﻠﻢ ، ﺣﺪﻳﺚ ﺍﺑﻦ ﻣﺴﻌﻮﺩ ﺍﻟﻠﻪ ﺻﻠﻰ ﺍﻟﻠﻪ ﻋﻠﻴﻪ ﻭﺳﻠﻢ ﺍﻟﻤﺤﻠﻞ ﻭﺍﻟﻤﺤﻠﻞ ﻟﻪ « ﺭﻭﺍﻩ ﺃﺤﻤﺪ ﻭﺍﻟﻨﺴﺎﺋﻲ ﻭﺍﻟﺘﺮﻣﺬﻱ ﻭﺻﺤﺤﻪ The prophet peace be upon him named the man that accepts to marry (2 nd husband) to permit the women to the first husband as: the rented bull. See ﺳﻨﻦ ﺍﺑﻦ ﻣﺎﺟﺔ
Nikah Al-shigar ﻧﻜﺎﺡ ﺍﻟﺸﻐﺎﺭ Defintion: it’s the marriage in where a man would marry a women, and instead of giving her a dowry, he trades his own sister, or daughter to marry his wife's brother or father. In an authentic hadith narrated by Muslim by Ibn Omar that the prophet peace be upon him said: “there is no shigar in Islam”
Ruling on shighar marriage Some scholars considered that it is impermissible and void, therefore both must sperate. Other scholars considered the condition as invalid, but the marriage is valid. The main reason for the different opinions: The contract has no dowry It conditioned that each would marry off whom he is responsible for. But just to note: for women that don’t have a dowry mentioned, they are given the average dowry in their community.
A women conditioning on a man to divorce a women in order to accept getting married to him. Bukhari narrated on Abu Hurayra that he said: the prophet peace be upon him had forbid that a woman would ask her husband to divorce her sister” In Sahih Albukhari (hadith no. 5152) the prophet peace be upon him said: “it is not permissible on any woman to ask for the divorce of her sister to leave her space, she only gets what she was destined to have”.
Marriage of misyar ﺯﻭﺍﺝ ﺍﻟﻤﺴﻴﺎﺭ Is a marriage where the women gives up her rights for shelter, housing, finance, any kind of financial rights, and just asks that he would come over to her once in a while. Muslims throughtout history did not know this kind of marriage. This type of marriage is known in the gulf areas, which resulted from the high number of unmarried women. Scholars had different opinions on this marriage Valid, since its conditions are met, but hated since its makes it a business contract Not valid, because the main mean of marriage and responsibility is missing. Preponderant: the marriage is valid, allahu Al’am, but not recommended social wise, as it may cause a lot of problems.
Marriage friend. ﺯﻭﺍﺝ ﻓﺮﻳﻨﺪ Was an idea proposed by ﻋﺒﺪ ﺍﻟﻤﺠﻴﺪ ﺍﻟﺰﻧﺪﺍﻧﻲ Definition: Young men and women marry during their studying years, a complete marriage with contract, waliy, wedding, sexual relation, but don’t live together, and each lives in his place, Until they are ready and are able to afford a place. The idea was to prevent zina, and consider financial demands. Modern scholars debated this issue: Some said It enhances irresponsibility, bad reputation, and more problems. Others supported and said: as long as the pillars of marriage are met, its hallal, and left for the community to work along with it as a better option than zina.
ﺍﻟﺰﻭﺍﺝ ﺍﻟﻌﺮﻓﻲ Orfi marriage (unregistered marriage) An unregistered marriage Many wrongly think that its secret marriage. Totally wrong! Secret marriages are invalid, if done without waliy especially. Its not zina, it’s a valid marriage, but totally not recommended since the women’s rights may be at risk. Women do not accept going for this no matter what! You are risking your rights.