Marriage and its essentials

1) Introduction

In Islam, marriage is a legal and civil contract between two people. Both the groom and the bride give their own free consent to the marriage. This contract defines rights and duties of the groom and bride. There must be two Muslim witnesses of the marriage contract. And contract of marriage comes to an end after death of any partner or by act of divorce between the partners.

2) Meaning of Marriage

It means the union of two people as partners in a personal relationship specifically a union between a man and a woman for procreation of children.

3) Definition of Marriage

Marriage is the physical relationship between man and woman by a contract of marriage which makes that relationship lawful and both partners physically enjoying each other in the manner allowed by the Sharia’s.

4) Essentials of marriage

Following are the essentials of a valid marriage.

 i. Offer and Acceptance

For a valid contract of marriage, there should be an offer by one party and it must be accepted by the other party. It is called offer and acceptance.

ii. Offer and acceptance must in same meeting

For a valid contract of marriage, offer and acceptance should be in same meeting, if an offer is made in another meeting and it is accepted in another meeting in this case it will not considered a valid marriage.

iii. Free consent

For a valid contract of marriage, consent of both of the parties should be free from any social pressure, misrepresentation or free from fraud. If the consent is taken by undue influence, in this case it is not a valid marriage.

 iv. Majority

For a valid contract of marriage, both of the bride and the groom have attained the age of majority and must be an adult at the time of marrigae and no one should be minor by age.

v. Fosterage

For a valid contract of marriage, both of the bride and the groom should not be fosterage (Mehram)  for each other and they don’t have blood relation such as brother sister, Uncle auntie etc

vi. Dower (Amount of mehar)

For a valid contract of marriage, the fixation of the amount of the mehar (dower) is necessary at the time of marriage because a marriage without the fixation of amount of mehar (dower) is not a valid marriage.

vii. Opposite gender

For a valid contract of marriage, the marriage should be between the two person of opposite gender such as man and woman. Because Islam does not allow to sign the contract of marriage to the same gender.

viii. Witnesses

For a valid contract of marriage, there should be available two witnesses at the time of marriage but the witness must be of sound mind as well as an adult.

ix. Must be Muslims

For a valid contract of marriage, both of the bride and the groom should be Muslims by faith if anyone of the partner is non-Muslim so there is no valid marriage.

5) Objects of marriage

Following are objects of a marriage.

I.Legalization of sexual inter course.

Under the Islam, the main object of the marriage is legalization of sexual intercourse of the husband and the wife in order to protect both of them from evils of the society.

II.Breeding of children.

Under the Islam, another object of the contract of marriage is breeding of children by the husband and the wife.

III.Preservation of human race

Under the Islam, another object of the contract of marriage is protection of the human beings from committing an evil.

IV.Regulation of social life.

Under the Islam, another object of the contract of marriage is regulation of the social life in order to run the business of the society without sexual offenses.

6) Number of Wives

Under the Islamic rules of law, a persn who is Muslim can have four wives at a same time and it is permitted by Islam, but not more. If he marries a fifth wife because he has already four wives, in this case such kind of marriage would be considered as irregular or invalid.

7) Different benefits of Marriage

Following are the different benefits of marriage.

 i.Social benefits

The Holy Prophet (P.B.U.H) encourages the contract of marriage because Islam gives high respect to a married woman and protects her from social evils and such marriage becomes cause of stability of the social life of man and woman.

 ii.Religious benefits

After a contract of marriage a Muslim man and a Muslim woman can save them from committing illegal sexual intercourse which is sin in the eye of Islam so that marriage saves them become guilty in the eye of Islam.

 iii.Legal benefits

After a contract of marriage, the sexual intercourse and breeding of the children become legal in the eye of the Islam because Islam legally allows these act after contract of marriage. And a married woman cannot make another marriage.