Q & A >

 

The dowry

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.

Conditions 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.

Temporary 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.

Temporary marriage

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:

Firstly, 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.

Secondly, this marriage will be terminated when the specific period of time expires, without having to divorce.

Thirdly, 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.

Fourthly: The husband is not obliged to support her with money, unless she stipulated this condition in the contract.

Fifthly: in case of death, no one can inherit the other during the contract period.

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.

Temporary Marriage

Q: Is it permissible to conclude a contract with a girl that is 18 years old and that supports herself financially?

A: It is permissible, in case she is rational.

Messiar marriage

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 permissible.

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.

 Therefore, it’s impossible for him to marry her even if she gets divorced from her husband.

Parent’s approval

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 independent.

Marriage 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.

Idda

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.

Age

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.

Judicial Separation

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).

Divorce

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.

Matrimonial rights

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.