Q- Some women argue that the Dower (a gift, whether
material or moral, the Husband gives to his wife) is an insult to the
woman and her feelings; Furthermore, they consider it as a price to the
woman paid by the man, what is your answer to them?
A-The dowry is not a price to the woman, however, it
is a gift as God, the most exalted, said: (And give women their dowries
as a free gift, but if they of themselves be pleased to give up to you a
portion of it, then eat it with enjoyment and with wholesome result.)
4:4. So, the dower could be a copy of the Quran or teaching part of it,
or whatever the husband and the wife agree upon.
of temporary marriage
Q: What are The
Conditions of Temporary marriage and what is the wording of the contract?
The woman has to say that
I have wedded you myself and she must state the time period and the
dowry. The man has to say that he accepted the marriage. The time period
and the dowry have to be defined. The woman has to be free: (she ought to
be unmarried and has finished the period she ought to stay unmarried
after her last marriage. The woman has to be either Muslim or from the
People of the Book (Christian or Jew).
It is allowed to conclude
a temporary marriage with a virgin if she is an adult, since she has the
right to wed herself without the permission of her guardian, but other
considerations should be taken into account – like bad reputation the
girl might acquire or that she might put herself in a dangerous
situation, since it is illegal to endanger oneself in Islamic law even if
it were in marriage.
Q: Is writing the form of the contract considered a condition for the
validity of temporary marriage?
A: It does not need to be written to become valid, whereas, confirming
the contract by writing is permissible and even preferable.
Q: Is muta marriage lawful? what are its
conditions ?And how is it done?
A: Muslims have agreed unanimously on the
legitimacy of “Muta”. Many Haidths showed that it was being contracted
during the Prophet’s age as well as during Abi Bakir’s age and a part of
Omar’s. Later, the juristic opinion of the juristic sects, other than the
Shiites sect, considered it illegitimate (haram). Whereas, the Shiites
still consider it legitimate (halal).
Muta marriage is also called “breakable marriage”, since it is limited
by a definite time at the end of which it would be terminated without
divorcing. Thus, it is different from the “permanent marriage” which is
not limited to a specific time; and would not be terminated unless by
divorcing. Muta marriage is similar to permanent marriage in many ways
while it is different from it in what follows:
in the verbal form of the contract, the dowry (al-mahr) and the period
must be stated. The form is.
a. The woman must say to the man: I have wedded you myself and then
she states the time period and the dowry.
b. The man says: I accept.
this marriage will be terminated when the specific period of time
expires, without having to divorce.
the woman whose marriage was consummated (sexually) must finish her Iddat
(period in which the woman can not remarry); in case she wants to marry
another person. Its Iddat finishes in two menstrual periods. Therefore,
she is legitimately prohibited to remarry before the termination of Iddat.
Whereas, if her marriage was not consummated (sexually), she will not
observe an Iddat and she has the right to conclude immediately a marriage
contract with another man.
The husband is not obliged to support her with money, unless she
stipulated this condition in the contract.
in case of death, no one can inherit the other during the contract
On the other hand, if the husband wishes to leave his wife before the
termination of the specific period, he can donate her the time period and
tell her: I donate you the time period. So, she will be separated from
him and the contract will be terminated.
If the husband wishes to renew the contract after it is terminated,
the Iddat will not be imposed on the wife and she just has to state the
verbal form of the contract in order to be remarried. We have to observe
that it is unlawful for a Muslim woman to marry a non-Muslim man, even if
he believes in the legitimacy of the Mutaa. Likewise, it is unlawful for
the Muslim man to marry a non-Muslim woman, unless she is of the People
of the Book. It is also lawful to conclude this marriage without
obtaining the approval of the girl’s guardian. But it is better not to do
so due to the moral harm which may affect her future. But in case this
marriage was concluded, it is better not to consummate the marriage.
Q: Is it permissible to
conclude a contract with a girl that is 18 years old and that supports
A: It is permissible, in case she is rational.
Q: Is the Sunnis Messier marriage lawful?
A: All marriages between adult men and women that
comply with the jurisprudence conditions are legal. Therefore it is
Q: Could a man marry a
woman whom he had sex with when she was married to another man?
A: If a Moslem makes a
contract of marriage (Aqid) with any married woman, or if he consummates
the marriage with her (has sexual intercourse with her), knowing that she
is married, then she is said to be banned from him eternally.
impossible for him to marry her even if she gets divorced from her
Q: Does marrying an adult
girl require her parents’ approval?
A: For this
marriage to be valid (from an Islamic point of view), it is not necessary
to obtain the agreement of parents. However, obtaining it could be
necessary from a social and practical point of view in order to maintain
family union. Therefore, it is better to keep on trying to convince them,
for no one can antagonize his parents, even if he is married and
between Shiites and other Muslim sects.
Q: I want to marry a Sunni girl should I tell her that
I am a Shiite?
A: You should not cheat her. If you marry her on the
basis that you are Sunni she has the right to annul the marriage
contract, since it is based on cheating.
Marriage between Muslims and Christians
Q: Is it lawful to marry a Christian woman?
It is possible and lawful
for a Muslim to marry a Christian women, in the same way he marries a
Muslim, with no difference since it is lawful for a Muslim man to marry a
non-Muslim woman if she is of the People of the Book even if she stays
committed to her religion.
The same thing applies to
both permanent and temporary marriages. The only difference is that if he
wants to marry permanently a non-Muslim, then he has to ask his Muslim
wife. Nonetheless, we do not encourage the Muslim to marry a non-Muslim
woman due to the negative effects – in most cases – on the Islamic
atmosphere of the family and the children in the future.
Q: If a Muslim woman marries a Christian, the marriage
contact is not valid. But should she observe idda (a period of time
before she could remarry).
A: No, because if she
knew that such a marriage is unlawful she would be committing adultery
and an adulteresses should not observe udda.
But if she did not know,
she would have to observe the usual Udda.
Q: Is it morally and traditionally permissible for a
man of 32 to marry of woman who is barely 17 years old?
A: Why not: The prophet(p.), our role model, married
Aisha when she wad 10 years old while he was 53 years. If both parties
accept the marriage than there is nothing wrong with it.
Q: Is a fake judicial
separation in a European country allowed if there are a lot of problems
between husband and wife. So they live separately?
A: If the said divorce
does not include the legal (religious) conditions, then it is worthless
and doesn’t necessitate the waiving of matrimonial rights. But if each
one of them waives his/her rights, then she is allowed to live separately
while their matrimonial status stays normal. However, the wife is never
allowed to establish any relation (matrimonial) with anyone else (other
than her husband).
Q: After I divorced from my first husband, I married another one, but
our marriage was not (sexually) consummated. Later, I got married again
to my first husband, and then I divorced him again. So, what is the kind
of the last divorce? Is it an irrevocable or revocable one?
A: It is an irrevocable divorce, since; the intermediate marriage does
not annul the previous divorces.
Q: What is the ruling towards a husband who abandoned his wife in
their matrimonial home, and she has to live with him forever for the sake
of her children?
A: It is not permissible for him to do so, and she has the right to
claim for divorce before the religious authority.