And those who say: "Our Lord! Bestow on us
from our wives and our offspring
who will be the comfort of our eyes,
and make us leaders for the Muttaqûn" Those will be rewarded with the
highest place
(in Paradise) because of their patience.
Therein they shall be metwith greetings
and the word of peace and respect.
(Qur'an 25:74-75)
The order to Marry
Hadith - Sahih Bukhari Volume 7, Book 62, No. 1,Narrated Anas bin Malik
A group of three men came to the houses of the wives of the Prophet
asking how the Prophet worshipped (Allah), and when they were informed
about that, they considered their worship insufficientand said, "Where
are we from the Prophet as his past and future sins have been
forgiven." Then oneof them said, "I will offer the prayer throughout
the night forever." The other said, "I will fast throughout the year
and will not break my fast." The third said, "I will keep away from
the women and will not marry forever." Allah's Apostle came to them
and said, "Are you the same people who said so-and-so? By Allah, I am
more submissive to Allah and more afraid of Him than you; yet I fast
and break my fast, I do sleep and I also marry women. So he who does
not follow my tradition in religion, is not from me (not one of my
followers)."
Hadith - Sahih Bukhari, Volume 7, Book 62, Number 4, Narrated 'Abdullah
We were with the Prophet while we were young and had no wealth
whatever. So Allah's Apostle said, "O young people! Whoever among you
can marry, should marry, because it helps him lower his gaze and guard
his modesty (i.e. his private parts from committing illegal sexual
intercourse etc.), and whoever is not able to marry, should fast, as
fasting diminishes his sexual power."
Saying of Salaf - Sufyan ibn 'Uyaynah
Sufyân ibn 'Uyaynah (rahimahullâh) said, "Themost nimble of creatures
still have need of a voice.The cleverest women still need to have a
husband, and the cleverest man still needs to consult wisemen."
Al-Mahr (The Dowry)
The Noble Qur'an 4:4
And give to the women (whom you marry) their Mahr (obligatory bridal
money given by the husband to his wife at the time of marriage) with a
good heart, but if they, of their own good pleasure, remit any part of
it to you, take it, and enjoy it without fear of any harm (as Allâh
has made it lawful).
Stipulations in Marriage Contract
Hadith - Abu Dawud and AI-Hakim on the authority of Abi hurairah,Sahih
Al- Jami AI-Sayhir, (No. 6714)
Regarding contracts the Prophet (Peace be upon him) said: The rights
are decided by the conditions.
Hadith - Malik's Muwatta Book 28, Number 28.6.16
Yahya related to me fromMalik that he had heard that Said ibn
al-Musayyabwas asked about a woman who made a stipulation on her
husband not to take her away from her town. Said ibn al-Musayyab said,
"He takes her away if he wishes."
Malik said, "The custom among us is that when a man marries a woman,
and he makes a condition in the marriage contract that he will not
marry after her or take a concubine, it means nothing unless there is
an oath of divorce or setting-free attached to it. Then it is obliged
and required of him."
Ibn Qudaamah (may Allaah have mercy on him) said in his book Al-Mughni:
"If he married her on the condition that he should not make her move
from her house or her city, then this condition is valid, because it
was reported that the Prophet said: 'The most deserving of conditions
to be fulfilled are those by means of which sexual intercourse becomes
permissible for you.' If he married her onthe condition that he
willnot marry another wife, then she has the right to leave him if he
does take another wife." In conclusion, then, the conditions of the
marriage contract are divided into three types, one of which must be
adhered to, which is of benefit to the wife, such as her being able to
stipulate that he cannot make her move from her house or city, or
travel with him, or take another wife or a concubine. He has to adhere
to these conditions, and if he does not, then she has the right to
annul the marriage." [Al-Mughni by Ibn Qudaamah, part 7, Kitaab
al-Nikaah]
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) was asked
this question and he replied in Al-Fataawa al-Kubra:
"Question: a man marrieda woman and she stipulated that he should not
take another wife or make her move from her house, and that she
couldstay with her mother, so he married her on this basis. Does he
have to adhere to this, and if he goes against these conditions, does
his wife have the right to annul the marriage or not?
Answer: yes, these conditions and similar ones are valid according to
the madhhab of Imaam Ahmad and other scholars among the Sahaabah and
Taabi'een,such as 'Umar ibn al-Khattaab, 'Amr ibn al-'Aas, Shurayh
al-Qaadi, al-Oozaa'i and Ishaaq. According to the madhhab of Maalik,
the condition states that if hemarries another wife, (the first wife)
has the choice of what to do, andthis is a valid condition. The woman
has the right to leave him in this case. This is similar to the idea
in the Madhhab of Imaam Ahmad. The basis for this is the hadeeth
narrated by (al-Bukhaari and Muslim) in al-Saheehayn from the Prophet
(peace and blessings of Allaah be upon him): 'The most deserving of
conditions to be fulfilled are those by means of which
sexualintercourse becomes permissible for you.' 'Umar ibn al-Khattaab
said: 'Rights are in accordance with conditions.' The Prophet dictated
that the conditions which make sexual intercourse permissible are more
deserving of fulfilment than others. This is the ruling on conditions
of this nature." [al-Fataawa al-Kubra, part 3, Kitaab al-Nikaah].
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