The Islamic marriage contract

Marriage in Islam is based on a contract between a man and woman
intending to be unified inmarriage. Thus, as in any contract in
Islam, there are elements which are considered essential to its
existence, called 'pillars', as well as the possibility of
stipulations of different kinds, legal effects of the contract, etc.
Each of these must be understood correctly in order to ensure that the
marriage has been performed according to the legal conditions and that
the rightful effects of the marriage are guaranteed to each of the
contracting parties.
The Pillars of a Marriage Contract According to the Majority of Scholars
Offer and acceptance are among the pillars. For most scholars,
theoffer must be from the woman's side and the acceptance from theman.
The two parties to the contract: the prospective husband and the
guardian of the woman.
Some also count the following among the pillars, although the majority
of these scholars
The presence of witnesses.
Dowry.
The Wording of the Contract
There are a variety of opinions as to exactly which phrases are
validin the transaction of the marriage contract. However, the best
format is that actually used by the Prophetand his companions. Also,
it is recommended that the contract be executed verbally. However,
due to need or necessity, it may be done through writing or signing.
Among the different possible phraseology, the very clear termssuch as:
"I marry you" is acceptedby all scholars. Anything which indicates a
temporary nature of the contract is forbidden. There is some
difference of opinion concerning the validity of other phrases such
as: "I present to you", "I give to you", "I sell to you", etc.
Does it have to be in Arabic?
According to the majority of scholars, it is not necessary for the
marriage contract to be executed in Arabic, even for those who have
the ability to speak Arabic. The scholars of theHanbali school, who
required the use of forms of the words Nikaahor Zawaaj (marriage),
required that the contract be transacted in Arabic for this reason.
The Different Types of Conditions or Prerequisites
At this point, we need to learn the definition of some general terms
in Islamic Fiqh (Jurisprudence), related to this issue, which come up
in many subject areas, including the one at hand.
Saheeh (Sound): A contract whichfulfils all of the pillars and the
prerequisites, and has full effect in the law.
Baatil (Void): A contract that has failed to fulfil specific pillars
or vital prerequisites. A contract which is Baatil is the opposite of
one which is Saheeh and has no legal effect at all. If a marriage
contract is found to be void, evenif it is only discovered after
consummation, the legal condition will be as if it never happened at
all. The lineage of the father (of a child produced in such a
'marriage') will not be established and there is no waiting period
('Iddah) upon the woman. An example of this would be if a man married
a woman who was married to someone else at the time.
Faasid (Defective): This is a contract which fails to fulfil someof
the prerequisites, but not the pillars.
With respect to marriage, there are four different kinds of conditions
which must be met:
1. Conditions Required for Initiating the Contract
These are the conditions that must be present with respect to the
pillars or fundamentals of themarriage contract.
2. Conditions Required for the Soundness of the Contract
These are conditions which must be fulfilled in order for the marriage
to have its proper legal effect. If these conditions are notmet, the
contract is 'Defective' (Faasid), according to Hanafi Fiqh,and 'Void'
(Baatil) according to the others.
3. Conditions Required for the Execution of the Contract
These are conditions which must be met for the marriage to have actual
practical effect. If these conditions are not met, then the marriage
is 'Suspended' (Mawqoof) according to Hanafi and Maaliki Fiqh; for
example, a minor girl until she reaches puberty.
4. Conditions Required for Makingthe Marriage Binding
If these conditions are not met, then the marriage is non-binding,
meaning that eitherof the two parties or others may have the right to
annul the marriage. If they accept the marriage with such
shortcomings, it becomes binding.
Prerequisites Required for Initiating the Contract
In this category, there are conditions concerning the two who are
getting married, as well as the form in which the contracttakes place.
Concerning the Two Getting Married:
The two people must meet the qualification of legal competence, i.e.,
they must be adult and sane. If they are not, the marriage will be
invalid.
Secondly, the woman cannot be from those categories of women that are
forbidden for a man to marry. For example, suppose a man married a
woman and later discovered that they had been breastfed by the same
woman. In this case, it is as if the marriage never took place
because these two were not allowed to marry each other and the
marriage becomes null and void.
Concerning the Contract:
There is near unanimous agreement on the following conditions relating
to the transaction of the marriage contract:
1. The offer and acceptance must be done in one sitting. In general,
this means that the response must be immediate. Exactly what is
considered a 'sitting' depends on custom and other related factors.
2. The acceptance must correspond to what is being offered. If the
guardian says: "I marry you to Khadeejah", a response of: "I accept
Faatimah as my wife" would not constitutea valid contract. An
exception to this is if the Wali (guardian) mentions a specific dowry
amount and the groom respondswith a higher amount. It is regarded that
there is no reason for dispute here since it is assumed that a higher
dowry willbe acceptable.
3. The Wali cannot rescind the offer. Unlike transactions of selling,
neither party can say: "I have changed my mind" once they have uttered
the offer/acceptance. It is immediately binding. In a sale, they both
continue to have the option to change their mind untilthe 'sitting' is
over and they part.
4. The marriage must be effectiveimmediately. If the Wali says 'I
will marry her to you after one month', there is no marriage andthe
two remain unmarried.
Note that the custom of saying: 'Iaccept' three times, which is common
in some Muslim cultures, has no legal significance. Once the first 'I
accept' has been uttered, everything after that is meaningless -
whether positive or negative.
Adding Stipulations to the Marriage Contract
This is where one party states a stipulation binding on the other
party for specific reasons or goals. The offer/acceptance is tied to
this stipulation by mention. There is a difference ofopinion among
the scholars concerning the validity of conditions of this nature.
Conditions of contracts are two types:
1) Those imposed directly by the Sharee'ah (Islamic Legislation) and
2) Those drawn up by one or more of the parties.
When any contract is entered into, the first type of conditions are
covered automatically, even ifthey are not stated in the contract.

Reflecting on the Quran - A cure for the hearts - I

The Noble Quran is the words of Allaah The Almighty that He has
revealed to be implemented as a complete way of life for people.
Therefore, undoubtedly, the recitation of the Quran is one of the most
beloved acts of worshiping Allaah The Almighty. It is also certain
that reciting the Quran without understanding or reflection is not the
goal: the main objective is that a reciter wholeheartedly ponders the
meaning of the Quran and fully reflects on, understands and thinks
about its secrets and pearls of wisdom.
The Quran Calls for Reflection
Allaah The Almighty invites us to reflect on His Book and ponder
itsmeanings and secrets; He Says (what means):{[This is] a blessedBook
which We have revealed to you, [O Muhammad], that they might reflect
upon its verses and that those of understanding would be
reminded.}[Quran 38:29]
The Quran reproaches those who do not reflect on it or extract its
meanings. Allaah The Almighty Says (what means):{Then do theynot
reflect upon the Quran? If it had been from [any] other than Allaah,
they would have found within it much contradiction. Andwhen there
comes to them information about [public] security or fear, they spread
it around. But if they had referred itback to the Messenger or to
those of authority among them, then the ones who [can] draw correct
conclusions from it wouldhave known about it. And if not for the favor
of Allaah upon you and His mercy, you would have followed Satan,
except for a few.}[Quran 4:82-83]
Also, people differ when it comesto their listening to the Quran.
Allaah The Almighty Says (what means):{And how many a generation
before them did We destroy who were greater than them in [striking]
power and had explored throughout the lands. Isthere any place of
escape? Indeedin that is a reminder for whoever has a heart or who
listens while he is present [in mind].}[Quran 50:36-37]
Ibn Al-Qayyimsaid about these verses,
There are three types of people with respect to these verses:
(1) A person with a dead heart. This is the person who has no heart,
so this verse is not a reminder to him.
(2) A person with a somewhat living and ready heart, but who does not
listen to the recited verses of the Quran through which Allaah The
Almighty conveys His manifest signs. He does not listen to its verses
either, because they do not reachhim or because they reach him while
his heart is occupied with other things. The heart of this person is
not present, and hence this person does not receive the benefits of
the reminder, even though his heart is ready to receive it.
(3) A person with an alive and ready heart. When the Quranic verses
are recited to him he attentively listens: he does not keep his heart
busy with anything except understanding the verses that he is
listening to. This person has present, attentive ears and heart.
Therefore he benefits from the recited verses and witnessed signs.
Indeed, the first type of person is like a blind man who does not see;
and the second is like a person who sees but looks in the opposite
direction. Both do not perceive the Quran. The third typeis like a
person who sees and looks at his target, follows it with his eyes and
meets it in the middle, not far or near. This is the person who really
perceives it. Glory be to Allaah who made His words a cure for what is
in the heart!
Moreover a person may have a spirited heart that is able to extract
lessons and derive wisdom. This type of heart makesa person remindful
and able to learn lessons. Once he hears a verse it adds much light to
him. These are the perfect creatures ofAllaah who enjoy the greatest
faith and insight. They grasp what the Prophet,, told themas if they
witnessed it, but do notover-scrutinize it. It is said that the
example of Abu Bakr As-Siddeeqwith the Prophet,, is like that of two
persons who enter a house. One of them watches its details and minute
aspects whereas the other touches what is inside the house without
fully perceiving or comprehending its details, but only knows that it
has great things that his eyes could not have perceived. Both of them
then leave and then the latter asks the former about what he saw
inside the house – and whatever he tells him about it, hebelieves him
due to the proofs that he has witnessed. This is thehighest degree
ofAs-Siddeeqiyyah(steadfast affirmation of truth) and it is not
farfetched that Allaah, who is theConferrer of Favors, endows a slave
with faith like this, for the bounties of Allaah The Almighty are
beyond count and expectation.
If the owner of such a heart hears verses while he has insight in his
heart, this will add more light to his light. Conversely, a person who
lacks this type of heart but attentively listens and his heart is
witnessing this, will nevertheless receive the reminder. Allaah The
Almighty Says (what means):{And [even] if it is not hit by a downpour,
then a drizzle [is sufficient].}[Quran 2:265] Similarly, all acts of
goodness may vary in their types and ranks, like a downpour and
adrizzle, and so are their effects and causes. Likewise, people of
Paradise are of types: forerunnerswho are closer to Allaah The
Almighty and companions of the right, and between them are great
degrees of preference.
The Prophet,, Reflected upon the Quran.
Huthayfahsaid:"I prayed with the Messenger of Allaahone night and he
started recitingSoorat Al-Baqarah. I thought thathe would bow at the
end of one hundred verses, but he continued. I then thought that
hewould perhaps recite the whole Soorah in one Rak'ah, but he
continued. He then started reciting Soorat An-Nisaa', then started
Aal-'Imraan and recited leisurely. When he recited a verse which
referred to the glory of Allaah, he would glorify Him. When he recited
a verse which contained a supplication, he would supplicate. When he
recited a verse that dealt with seeking refuge with Allaah, he would
seek refuge with Him."[Muslim]
The Prophet,, wept when IbnMas'oodrecited before him the verse
fromSooratAn-Nisaa'(which means):{So how [will it be] when We bring
from every nation a witness and we bring you, [O Muhammad] against
these [people] as a witness?}[Quran 4:41]
Could this have occurred without reflection? The Prophet,, would
invite people to reflect on and understand the meanings of the Quran.
Allaah The Almighty Says (what means):{Indeed, in the creation of the
heavens and the earth and the alternation of the night and the day are
signs for those of understanding. Who remember Allaah while standing
or sitting or [lying] on their sides and give thought to the creation
of the heavens and the earth, [saying], "Our Lord, You did not create
this aimlessly; exalted are You [above such a thing]; then protect us
from the punishment of the Fire."}[Quran 3:190-191] When this verse
was revealed theProphet,, said:"Woe to whoever reads it without
pondering on it."
The Righteous Predecessors' Reflection on the Quran
Ibn 'Abbaassaid:"Performingtwo Rak'ahs with reflection is better than
performing prayers all night without heart
(reflection)."Al-Fudhaylsaid,"The Quran was revealed to be
implemented, but people made its recitation their aim."People
asked,"How do we implement the Quran?"He replied,"By holding its
permissible acts to be permissible and its prohibited acts to be
prohibited, abiding by its orders and abandoning its prohibitions, and
reflecting on itswonders."
Some of the righteous predecessors would perform prayers all night,
reciting one verse and reiterating it, pondering its meanings and
reflecting on it. Their aim was not to read the Quran in full, rather
their main concern was to read with reflection and understanding.
Muhammad ibn Ka'b Al-Qurathisaid,"I read only Soorat Az-Zalzalah and
Al-Qaari'ah [chapters 99 and 101] during my prayers at night,
repeating and pondering on them, and this is more preferableto me than
reading the whole Quran hurriedly."

Reflecting on the Quran - A cure for the hearts - II

Fruits of Reflection
A slave whom Allaah The Almighty guides to reflect upon the Quran
obtains much goodness. Ibn Al-Qayyimsaid,
There is nothing that is more beneficial for the slave in his life and
the Hereafter, and more influential as a cause of salvation than
reflecting upon the Quran aswell as lengthy pondering upon and deep
thinking about the meaning of its verses. This helps a slave be aware
of all the traits of evil and good, in addition to the ways, causes,
objectives, fruits and destiny of their people.Reflecting on the Quran
places the keys of happiness and beneficial knowledge into the hands
of the slave. It firmly fixes the foundations of faith in his heart,
enables him to see past nations, shows him what Allaah The Almighty
did with them and gives him valuable lessons. It acquaints man with
the justice and bounty of Allaah The Almighty, His Self, His names,
His attributes and actions, what He Loves and what He does not Love.It
shows him the way that leads to Allaah The Exalted, what is prepared
for those who seek this way, and what hinders and disturbs [people on]
this way.
Such reflection provides a slave with information about the soul and
its characteristics and what spoils or corrects a person's deeds. It
shows him the way of the people of Paradise and the inmates of Hell,
as well as their deeds, conditions and features. Itshows the degrees
of the people of happiness and the people of wretchedness and the
categories of creation and what they have incommon or differ in. As a
whole, it makes a person know His Lord, the way that leads to Him and
the honor that is stored for a person when he meets Him.
On the other hand, reflecting upon the Quran acquaints a person with
what Satan calls for and the ways that lead to him, aswell as the
humiliation and torment that a person will receive after reaching the
way of Satan. It is necessary that a slave understands and knows these
things, because this exposes the Hereafter to him as if he is
experiencing it, and distracts himfrom this world as if he does not
live in it. Moreover, it makes him distinguish between truth and
falsehood so that he sees them inreality. It gives him a discerning
criterion through which he may distinguish between guidance and
misguidance, and between evildoing and good deeds. It throws strength
into his heart and gives him abundance, life, comfort, delight and
happiness. Accordingly, such a person's concerns will be different
from that of others.
Indeed, the meanings of the Quran are based onTawheed(monotheism) and
its proofs, knowing Allaah The Almighty, His Attributes of perfection
and freeness from imperfections, and that He is far exalted above
everything else. It is also based on belief in the messengers of
Allaah, mentioning the proofs that support their truthfulness and
prophethood and recognizing their rights and the rights of the One who
sent them. The meaning of the Quran is also based on belief in the
angels of Allaah, who are His messengers that execute His Orders and
manage His affairs according to His will and permission. They are also
concerned with clarifying theaffairs of the upper and lower worlds
that the angels are appointed to maintain and manage, as well as being
concerned with clarifying which angels are assigned the tasks that
pertain to humankind from the time a person is in his mother's womb
until he meets Allaah The Almighty.
The meaning of the Quran is also concerned with belief in the
Hereafter: what Allaah The Almighty has prepared for His righteous
allies in Paradise wherethey feel no pain, misery or trouble, and what
Allaah The Almighty has prepared for His enemies in Hell, where they
will find no happiness, prosperity or rest. It clearly sets out all
relevantmatters in detail: commands and prohibitions,Sharee'ahand
fate, the lawful and the unlawful, admonitions and lessons, stories
and parables, causes and pearls of wisdom, and the principles and
objectives behind creation and the orders of Allaah The Almighty.
The meanings of the Quran stir a person to come to Allaah The Almighty
through its good promises, and warn and frighten him against His
severe punishment. It encourages a person not to indulge in the
luxuries of this life and to avoid things that would not be in his
favor when he is questioned on the Day of Judgement. It guides him
amidst the darkness of opinions and methodologies to the straight
path, bars him from breaking into ways of religious innovations and
misguidance, and motivates him to be grateful to Allaah so that his
blessings may increase. It makes him aware of the boundaries of the
lawful and the unlawful and prevents him from transgressing,in order
that he would not be exposed to a long suffering. It firmly keeps his
heart away from wrongdoing and deviation from the truth. It makes
difficult matters and hindrances easy for him. Whenever determination
weakens or a person lags behind,it addresses him saying:"The caravan
advanced and you missedthe guide, thus join them and migrate." Then it
moves in front of him as a guide. Whenever he faces an ambush from an
enemy or a highwayman, it calls him: "Beware and take care! Seek
support and protection in Allaah and say, 'Sufficient for me is
Allaah, and He is the best Disposer of affairs.'"
Indeed, pondering, understanding and reflecting on the Quran brings
about pearls of wisdom and benefits, even greater than what we have
described above.

Dought & clear - The kaafir’s reckoning inthe Hereafter . - Belief in the Last Day and the Signs of the Hour -

The believer will face hisreckoning on the Day of Resurrection,
whether his deeds are good or bad. But how will the reckoning of the
kaafir be, when he is not required to observe the same duties as the
believer?
Praise be to Allaah.
This question is based ona misconception, for the same requirements
are demanded of the kaafir as of the believer, but heis not obliged to
do them in this world. The indication that he is subject to the same
requirements is to be found in the aayah (interpretation of the
meaning):
"Except those on the Right (i.e. the pious true believers of Islamic
Monotheism).
In Gardens (Paradise) they will ask one another,
About Al-Mujrimoon (polytheists, criminals, disbelievers) (and they
will say to them):
'What has caused you to enter Hell'
They will say: 'We were not of those who used tooffer the Salaah (prayers),
Nor we used to feed Al-Miskeen (the poor);
And we used to talk falsehood (all that whichAllaah hated) with vain talkers.
And we used to belie theDay of Recompense'"
[al-Muddaththir 74:39-46]
If their suffering were not due to the fact that they did not pray or
feedthe poor, they would notmention these things. This indicates that
they will be punished concerning (neglect of) the minor issues of
Islam. This is based on the texts but it is also thematter of common
sense, for if Allaah will punish His believing slave for what he
failed to do with regard to religious obligations, how can He not
punish His disbelieving slave? Rather I could add that the kaafir will
be punished for everything that Allaah has blessed him with in this
world, his food, drink, etc. Allaah says (interpretation of the
meaning):
"Those who believe and do righteous good deeds, there is no sin on
them for what they ate (in the past), if they fear Allaah (by keeping
away from His forbidden things), and believe and do righteous good
deeds, and again fear Allaah and believe, and once again fear Allaah
and do good deeds with Ihsaan (perfection). And Allaah loves the
good-doers"
[al-Maa'idah 5:93]
The apparent meaning of the aayah is that the believers are relieved
of any blame for what they eat, and it may be understood that the
kaafirs are to blame for what they eat. Similarly Allaah says
(interpretation of the meaning):
"Say (O Muhammad): 'Who has forbidden the adornment with clothes given
by Allaah, which He has produced for His slaves, and At-Tayyibaat [all
kinds of Halaal (lawful) things] of food?'Say: 'They are, in the life
of this world, for those who believe, (and) exclusively for them
(believers) on the Day of Resurrection (the disbelievers will not
share them)'"
[al-A'raaf 7:32]
The phrase "They are, in the life of this world, for those who
believe" indicates that people other than the believers do not have
any right to enjoy them. I say that they do not have any shar'i right
to them, but the reality of this life is that Allaah has created these
things and the kaafirs are benefitting from them, and this is
something that cannot be denied. This indicatesthat the kaafir will be
brought to account evenfor the permissible things that he ate and for
what he wore. This isbased on the texts but it is also the matter of
common sense, for how can it make sense that this kaafir who disobeys
Allaah and does not believe in Him should have the right to enjoy that
which Allaah has created and blessed His slaves with? If this is clear
to you, (then you will see that) the kaafir will be brought to account
on the Day of Resurrection for his deeds, but the way in which the
kaafir will be brought to account will not be like the way in which
the believer is brought to account, because the reckoning of the
believer will be easy, and his Lord will speak to him alone, and will
make him admit to his sins, then He will say to him, "I concealed
yoursins in the world and I forgive you for them today." But as for
the kaafir - we seek refuge with Allaah - his reckoning will mean that
he will confess to his sins and be humiliated before all thepeople,
"and the witnesses will say, "These are the ones who lied against
their Lord!" No doubt! the Curse of Allaah is on the Zaalimoon
(polytheists, wrongdoers, oppressors)"
From the fatwas of Shaykh Muhammad ibn Saalih al-'Uthaymeen, in Kitaab
Fataawa Islaamiyyah, 1/82.