This article, discusses some of the important issues to consider when
entering the bond of marriage. This includes the marriage contract and
witnesses to the marriage. It is imperative to remember that whatever
endeavor a person engages in, his or her intention should be purely
for the sake of Allaah, Almighty. For something as serious as
marriage, this should be obvious. The correct intention will ensure
that the union is blessed by Allaah and protected from difficulty and
tribulation. Our sole purpose in life should beto seek the pleasure of
Allaah in all that we do. If this goal were the focus, we would see
many happy, smiling married couples.
1. The marriage contract
The marriage contract is a necessary component in the marital process.
Marriage itself is actually considered to be a contract agreed upon by
the two parties. It is a binding, permanent agreement that can only be
broken through the process of divorce.
It should be entered with seriousness, and as with any contract, the
best attempt should be made to fulfill the obligations and
responsibilities due to the other party.
All scholars agree that the offer by one party and acceptance by the
other is an essential part of the marriage contract. Most of these
scholars also say that the offer must be from the woman's side (the
Wali - the guardian or one who represents him) and theacceptance from
the man during the process of the contract. The majority of the
scholars also say that it is necessary to have the presence of both
the prospective husband and the Wali during the process. The actual
presence of the woman to be wed is external to the whole process.
It is essential to mention here that the consent of the Wali is a
condition without which the contract is void.
The marriage contract itself may simply be in spoken form, although it
may also be completed through writing. Any wording that clarifies the
intention and goals of the contract would be acceptable. It is
important to mention that when the contract is entered into, the
aspects pertaining to marriage in the Sharee'ah (Islamic Law) become
binding upon each person, regardless of whether or not they are stated
inthe contract. These aspects would include the rights and
responsibilities of each party, such as the husband providing
sustenance for his wife and the wife being obedient toward her husband
and so forth.
Certain customs that are known and accepted by everyone can also take
the status of law and beconsidered binding on the parties. These, of
course, would only be acceptable if they do not contradict the
Sharee'ah. Some examples may be the custom of the husband providing
furniture for the house or the bride being taken to the home of the
groom.
Other stipulations may be added to the marriage contract if both
parties agree. These conditions cannot contradict the Sharee'ah nor
can they bring harm to anyone. The primary purpose of these additions
should be to avoid any conflict or hardship in the future.
Those who accept the stipulations must complete the condition or the
husband or wife has right to nullify the marriage. Allaah Says (what
means): "O believers, fulfill the contracts." [Quran; 5:1]
The Prophet said: "The Muslims must act upon their stipulations." [Abu
Daawood and Al-Haakim]. It is necessary to mention that some scholars
are of the opinion that additional conditions cannot be added to the
marriage contract.
2. Presence of witnesses
The majority of scholars agree that the presence of two witnesses is
an obligatory aspect of the marital contract. The Prophet said: "There
is no marriage save with a guardian and two (just) witnesses."
[Al-Bayhaqi]
The witnesses must be just and righteous, and also adult, matureand
sane. Most scholars state that the witnesses must be male,although Abu
Haneefah is of the opinion that it is allowed to have one male and two
females. The witnesses must also be Muslim between two Muslims. (Abu
Haneefah allows for non-Muslims witnesses if the marriage is to a
non-Muslim woman).
The reason for having Muslim witnesses is that the contract is
aserious one and is considered to be a religious contract.
Conclusion
As a woman eagerly prepares for her wedding day, buying clothes and
accessories, beautifying herself, informing family and friends, she
should reflect on the serious nature of the contract that she is about
to enter. It is a lifelong, binding contract that entails many duties
and responsibilities. She should become aware of the elements that are
necessary for completionof this bond (as outlined above and in the
previous article) as detailed in Sharee'ah, and learn about her role
as a wife and companion. She should also be informed about the rights
that are due to her from her husband.It is a beautiful reciprocal
relationship in which the rights of one party become the
responsibility of the other. There are many books available on this
topic and it would be wise to read some of these as part of the
preparation. In Islam, it is not enough to just get married. One must
have the knowledge to enter the union with wisdom andunderstanding and
a deep commitment to making it successful.
Equipped with the right intentionand knowledge, there should be little
room left for Satan to nudgebetween the man and woman who have
promised to love and honor each other all the days of their lives… and
in the Sight of Allaah.
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