To have a nikâh means to get
married, and tatlîq means to divorce.
In the book Manâhij-ul-ibâd, the
Islamic nikâh is explained as follows:
The
seventh chapter of this book covers the etiquettes of nikâh. The information on
marriage sometimes varies because people, times and situations are not always
the same. For this reason, while there are nass (âyats and hadîths) and ahbâr
(reports, narrations) encouraging marriage, there are also others favoring
bachelorhood. The times and states of the Ashâb al-kirâm and Tâbi’în
demonstrate that in their time it was best to get married. There were three
reasons for this:
The first reason: During the time of Hadrat Muhammad
Mustafâ ‘sallallâhu alaihi wa sallam’, Christianity was prevalent throughout
the world. Since Îsâ ‘alaihissalâm’ was equipped with spirituality,
bachelorhood, being alone and leading a solitary life in seclusion were more
appropriate for the times and conditions of his ummat and for his companions.
Priests were ordering everyone to become monks and to lead a solitary life.
They presumed that approaching Allâhu ta’âlâ and being in His way could only be
achieved by living alone and by not getting married.
|
CHART III |
|||
|
Christian year |
Hijrî year |
Christian year |
Hijrî year |
|
1323 |
724 |
607 |
- 14 |
|
1356 |
758 |
640 |
20 |
|
1388 |
791 |
672 |
53 |
|
1421 |
825 |
705 |
87 |
|
1454 |
859 |
737 |
120 |
|
1486 |
892 |
770 |
154 |
|
1519 |
926 |
802 |
187 |
|
1551 |
959 |
835 |
221 |
|
1585 |
994 |
868 |
255 |
|
1617 |
1027 |
900 |
288 |
|
1650 |
1061 |
933 |
322 |
|
1682 |
1094 |
965 |
355 |
|
1715 |
1128 |
998 |
389 |
|
1748 |
1162 |
1030 |
422 |
|
1780 |
1195 |
1063 |
456 |
|
1813 |
1229 |
1095 |
489 |
|
1845 |
1262 |
1128 |
523 |
|
1878 |
1296 |
1160 |
556 |
|
1911 |
1330 |
1193 |
590 |
|
1943 |
1363 |
1226 |
624 |
|
1976 |
1397 |
1258 |
657 |
|
2008 |
1430 |
1291 |
691 |
|
CHART IV |
|||||
|
0 1 2 Dec. |
3 4 Nov. |
5 6 7 Oct. |
8 9 10 Sept. |
11 12 13
August |
14 15 16
July |
|
17 18
June |
19 20 21 May |
22 23 24
April |
25 26 27
March |
28 29 30
Feb. |
31 32 33 34 Jan. |
Hadrat Muhammad Mustafâ ‘sallallâhu alaihi wa
sallam’ possessed all spiritual and material realities and superiorities;
hence, being alone or being together with
others, being single or getting married are all useful for his Ashâb and for
his Ummat. Therefore, both ways are appropriate for his Ummat, the moderate way
being preferable. Since priests were ordering everyone to live like monks and
to abstain from marriage, the Prophet Muhammad
Mustafâ ’sallallâhu alaihi wa sallam’, in order to terminate this way of life,
prohibited his Ashâb (Companions) to live a bachelor life, by saying, “Islam does not contain monkhood.” He also said
in another hadîth, “Getting married is my sunnat;
whoever does not follow my sunnat is not one of my Ummat.” Numerous
similar hadîths annihilated the wrong ideas imposed on the minds of people.
Also the thought of “Allâhu ta’ala can only be approached by living like a
monk” was removed from the hearts. People who lived during the first two
hundred years, which was the time of the Ashâb al-kirâm and the Tabi’în
‘radiy-Allâhu ta’âlâ ’alaihim ajma’în’ knew that these hadîths were said in
order to refute the wrong allegations of priests. When this era was over,
different hadîth-i-sherîfs were emphasized.
These hadîths informed us that there are good aspects to bachelorhood and to
married life depending on the special situations of those involved. Rasûl
‘alaihissalâm’ said, “After two hundred years, the
best of you is the one who is hafîfulhâz.” When he was asked the
meaning of hafîfulhâz he said, “The person who has
no wife or child.”
Great scholars like Bishr al-Hâfî, Bâyazîd al-Bistâmî and Abul-Huseyn
Nûrî were all bachelors. This hadîth-i-sherîf
reveals the honor and superiority of these great scholars and those like them
who lived two hundred years after the Hijrat.
The second reason: The Ashâb al-kirâm, Tabi’în and Taba
al-tabi’în lived in the best of times; thus, their belief (îmân), patience
(sabr), asceticism (zuhd), and tawakkul were very strong and valuable. The
following hadîth-i-sherîf praises them by
saying, “The best of times is my era. Then the time
which is next to mine. Then the Muslims of the era next to them. Following
these, lying will become a widespread practice. (Some) people will bear false witness even without being asked to
do so.” The nafs of these great personalities would not attach
themselves to the means which the Sharî’at disliked, and would not incline to
earn through ways of harâm because they increased their tawakkul, zuhd, and
ridâ (consent) by being close to Rasûlullah ’sallallâhu alaihi wa sallam’, and
by attending his sohbat. However, later generations could not be like them.
The third reason: Hadrat Muhammad Mustafâ ‘sallallâhu
alaihi wa sallam’ knew through the nûr (light) of prophethood
and through the correct firâsat (intuition) that the religion of Islam would be
spread throughout the world by the Ashâb al-kirâm, Tabi’în and Taba al-Tabi’în
’radiy Allâhu ta’âlâ anhum ajma’în.’ He encouraged marriage so that those who
would spread the religion of Islam throughout the world, and those with whom
the Islamic religion would be strenghthened, would multiply.
For
these three reasons, marriage was necessary during the time of the Ashâb
al-kirâm, Tabi’în and Taba al-Tabi’în ‘alaihimurrîdwân.’ It was also proper to
be single for people who came after them; therefore, when Sufyân al-Sawri
‘rahmatullâhi aleyh’ heard the above-mentioned hadîth, he said, “Wallah, it is
halâl to be single in this time.” When they asked Bishr al-Hâfî the reason for
his being unmarried, he answered, “I have such a nafs that firstly I am trying
to divorce it. How can I add another one to it?”
Today
likelihood of earning through ways of halâl has decreased. It is now very
difficult to protect oneself from the harâms. It is neither suitable for the
aql (wisdom) nor for the dîn (religion) to drag someone else into harâms.
Nevertheless, if one’s lust becomes uncontrollable, one should try to reduce
its intensity by fasting. If one cannot decrease its strength by fasting then
marriage becomes obligatory (fard) for him. [If one is afraid of being cruel to
one’s wife, it will be tahrîm makrûh for one to get married. Also people who
are in danger of being deceived and led to harâms by their nafs when they are
among lowly women who do not cover themselves and who expose their private
parts to men, should get married. It becomes fard (obligatory) for this type of
person to find a chaste Muslim girl and marry her. Youngsters who are not
desperate such as the above-mentioned people for marriage, first should strive
hard to obtain knowledge and good morals. Then they should learn the knowledge
which pertains to the menstruation period of women (Hayz), and the knowledge
which covers the time that is right after the birth of a child (Nifâs) and then
they should get married.] The appropriate time for marriage for a Muslim man is
when he learns the Sharî’at, and when he trains his nafs on how to obey the
Sharî’at, and when he acquires good moral conduct and becomes a nice-tempered
person, and also, when he improves his wisdom. After fulfilling all these
conditions, he should marry a girl who has
manners, modesty, and good moral conduct,
sufficient Islamic knowledge, and who is obedient to the Sharî’at and who
covers herself compatibly with the Sharî’at when she goes out. One should look
for a girl who has chastity and who cares for her religion. One should not hold
wealth or beauty as a prerequisite. One also should not overlook the chastity
and goodness of a woman for the sake of money or beauty. In a hadîth-i-sherîf Rasulullah ‘sallallâhu alaihi wa
sallam’ said, “One marries a woman either for her
money or for her beauty or for her religion (her piety). You choose the one who
is religious. A person who marries because of her money will not be able to
possess her money; a person who only marries for her beauty will be deprived of
her beauty.” It would be the ideal if one can find a girl who is
beautiful and pious. It is not permissible for a Muslim girl to marry a man who
is a disbeliever. When she intends to marry him, she becomes an apostate. In
fact, two disbelievers will have been married. They both should become Muslims
and renew their nikâh.
Seeing
the girl before the nikâh is a sunnat; also it will facilitate a good
relationship between the mates during marriage. One should search for a sâliha
(pious) woman who has good manners, who has a noble ancestry, and who is also
fertile. There is a saying which states that a man should avoid four types of
women:
1 - A
divorced woman who lived comfortably with her former husband and now is longing
for those days and recollecting them.
2 -
One should not marry a girl with brags about her money, rank or father.
3 -
One should not marry a girl who will distribute her husband’s property among
her own relatives or acquaintances.
4 -
One should avoid marrying to a woman who has the reputation of being immodest
and who would cause scandals.
A hadîth-i-sherîf which states, “Do not smell roses that grow on a dunghills,”
commands us not to marry a base and immoral person. [A young man married a girl
in Bukhâra (a city in central Asia). The first night the bride asked the groom
if he had learned the knowledge of hayz (menstruation). The young man answered
in the negative. The bride then said, “Allâhu ta’âlâ orders ‘Protect yourself and those under your command from
Hell-fire!’ How can an ignorant man protect them?” The young man
liked her statement so much that he entrusted his bride to Allâhu ta’âlâ
and departed to study. He studied at Marw
for fifteen years. He also studied under Imam al-Muhammad ‘rahmatullâhi ta’âlâ
’aleyh’. He then memorized everything in six years, and came back to his wife
as an âlim (scholar). His teacher named him as Abû
Hafs al-Kabir rahmatullâhi ta’âlâ ’aleyh.’]
A
person who desires to get married should perform istihâra several times; then,
he should trust himself to Allâhu ta’âlâ and ask His help to protect him from
being interfered with and deceived by his nafs and by base people.
One
should strive to perform the nikâh in agreement with the four Madhhabs. For
making a valid and correct nikâh according to Shâfi’î, Hanbalî and Mâlikî
Madhhabs, the first condition is that the walî of the girl has to give
permission to her even if she is beyond the age of puberty. ‘Friend’ is the
lexical meaning for the word ‘walî’. If it is used in the subject of Aqâid
(belief), it means ârif-i billah. If it is used in the subject of Fiqh then it
means a (grown-up) male relative. According to these three Madhhabs the walî is
one’s father. If you do not have a father, then the walî is your father’s
father, and after that the walî is your paternal great grandfather. If you do
not have paternal fathers, then your walî is your brother. If you do not have a
brother, either, then the walî is your brother’s son, next to whom is his son.
If you do not have any of these, then your walî is your uncle. If you do not
have that one either then the walî is your uncle’s son and after that your
uncle’s grandson. If you do not have any of these relatives then your walî will
be the judge. [The judge has to be a person who obeys the Sharî’at and who
leads a life agreeable with the laws of Allâhu ta’âla]. The order of being a
walî in matters of marriage is the same as its order in matters of inheritance
after death. However, according to the Sâfi’î Madhhab, the son and son’s son
cannot be a walî. According to Imâm al-Muhammad and Hanbalî Madhhab, after the
paternal fathers the son and then the son’s son will become a walî. According
to the Shaikhayn (Imâm A’zam and Imâm Abû Yûsuf), the son and the son’s son
will become the walî before the paternal fathers. In Hanafî Madhhab the consent
of a walî is not a must-condition for the marriage of a girl who has exceeded
the age of puberty. It is mustahab before the nikâh to ask for the permission
of a girl who has passed the age of puberty. The person to whom she gives her
permission becomes her wakîl. If the nikâh is performed without her permission,
she is free to accept or to reject it. If she rejects it, the nikâh becomes
void. A woman can get married either by herself or by her wakil or by her
walî. [In Hanafî Madhhab, orphans who do not
have male walîs can get married through their mothers.]
The
second condition of nikâh: It is necessary in Hanafî Madhhab to have two Muslim
witnesses [even if they are known to be sinners] while making an offer and
acceptance. Two Muslim men or one Muslim man and two Muslim women who have
already reached the age of puberty should be ready at that moment and they
should hear the offer and the acceptance. In Shâfi’î and Hanbalî Madhhabs
witnesses must be males and they should not have publicly known sins. In Hanafî
Madhhab beside the wakîl or the walî one man and two women can also be
witnesses. In Maliki Madhhab a witness is not necessary but the walî must be
present at the nikâh and the nikâh must be announced, and acquaintainces must
be informed about the nikâh.
The
third condition of nikâh: This condition covers the offer and its acceptance.
In other words, a contract of marriage should be made. In Shâfi’î and Hanbalî
Madhhabs the marriage contract is agreed upon between two men. One of the two
men is the groom or his wakîl, and the other one is the bride’s walî or wakîl.
They make a marriage contract by saying such words as nikâh, husband, or wife,
or by saying similar words that are used for this purpose. In these two
Madhhabs if the bride is not a virgin, then her permission also is needed.
It is written in the book Ni’mat-i islâm:
“In Hanafî Madhhab a woman and a man who are free and beyond the age of puberty
can get married by themselves in the presence of two witnesses. Their nikâh can
also be performed in the presence of one of them and by the wakîl of the other
party, or by the wakîls of both parties. The wakîl has to be a wise Muslim with
an ability to distinguish right from wrong but need not to be a male or be at
the age of puberty. When one appoints someone as one’s wakîl, one does not need
any witnesses. For this, first the wife gives her proxy (wakâlat) for renewing
the nikâh on her behalf to her husband by saying, “Whenever you divorce me, I
have authorized you as my wakîl to marry me to yourself,” and then if the
husband accepts her proxy; when he divorces her with one bâin talâq[1] he says “I have married so and so, (saying the
name of his wife), to myself, whom I divorced earlier,” in the presence of two
---------------------------------
[1] Talâq (divorce) is explained in the Turkish original, Se’âdet-i Ebediyye.
witnesses,
his nikâh becomes sahîh again. [The famous renewal of the imân and nikâh of the
whole jamâ’at by the recitation of a duâ (prayer) by the individuals who make
up that jamâ’at is based on this fatwâ.] When both the person and his wakîl are
present during the nikâh, the wakîl becomes a witness; likewise, when the bride
and her walî are both present at the nikâh her walî becomes a witness. When a
father marries his daughter to someone in her absence without informing her and
without a mahr and tells her later on about it, if she stays silent, the nikâh
becomes sahîh and it is necessary to give her a Mahr al-mithl. A person can be
a walî or wakîl of both parties, or one can be a walî for one party and a wakîl
for the other party, or one can take one’s own place (as one of the parties)
and also can be the walî or wakîl of the other party. If a person who has
appointed someone as a wakîl says that his/her wakîl is free to do anything and
everything on his/her behalf then the wakîl can appoint someone else as the
wakîl. A child who has not reached the age of puberty can be married by his/her
closest walî. The walî for the child is his/her asabas (relatives in accordance
with the earlier-mentioned sequence). If there is no asaba then the mother will
become the walî. If someone who is not a wakîl [for example, one of the walîs
of a boy or a girl who is at the age of puberty, or a stranger] marries him/her
to someone whom they do not know and tells him/her later on, if he/she does not
refuse it when he/she hears it, then the nikâh becomes sahîh. When the child
reaches the age of puberty, he/she can refuse the nikâh which was performed by
his/her walî other than his/her father and father’s father.
In
Hanafî Madhhab it is not obligatory to say the words “tazwij or nikâh” as the
nikâh is performed. A nikâh will also become sahîh by such expressions as: “I
have given you as a present or gift,” “I have given you,” “I have given you as
a charity,” “I have sold,” “I have bought.” If both parties use these types of
expressions, then they have to use the perfect tense of the verbs, (that is,
the tense that shows that the action has been done). If one party says it in
the imperative form and the other party uses the perfect tense, the nikâh will
also be sahîh. A walî can marry a small girl who is under the age of puberty to
her kufw (her equal in rank or social status). In the other three Madhhabs only
the father can give in marriage his daughter who is a virgin and over the age
of puberty. She does not have to be under the age of puberty for being given in
marriage by her father.
It is written in the book Mîzân al-kubrâ:
“In Shâfi’î and
Hanbalî Madhhabs the walî has to be
present during the nikâh; otherwise, the nikâh will not be sahîh. A woman
cannot be a walî. In Hanafî Madhhab, a woman can get married without a walî and
can appoint someone her deputy, yet if a woman marries someone who is not her
kufw, her walî can interfere and stop the marriage. In Mâlikî Madhhab, if a
woman is one of the notables of the town and is rich, then her walî has to be
present at the nikâh. If a woman is not one of the notables of the town and is
not rich, then she can get married through her wakîl. In Shâfi’î and Hanbalî
Madhhabs a fâsiq (sinner) cannot be a walî but in Hanafî and Mâlikî Madhhabs a
fâsiq also can be a walî. In Shâfi’î Madhhab if a closer walî is a safarî
distance away (around
In
Shâfi’î Madhhab kufw is obligatory in lineage, crafts, religion, flawlessness,
and freedom. In Mâlikî Madhhab kufw is necessary only in religion. In Hanafî
Madhhab, kufw applies to religion, lineage and property. In all the (four)
Madhhabs, the first condition is for the man to be a Muslim and the woman not
to be a polytheist. In Hanafî Madhhab a woman who is married to someone who is
not her kufw can be separated by her walîs. In the other three Madhhabs, if her
walîs do not give her permission, the nikâh will not be sahîh anyway. In the
Mâlikî Madhhab a woman who wants to get married to
someone of her kufw with a mahr which is
less than the mahr al-mithl can be stopped by her walîs. According to the other
imâms her walîs cannot stop her from such a marriage. In the three Madhhabs, a
nikâh which is performed by a farther walî in the presence of a closer walî
will not be sahîh, but in Mâlikî Madhhab only the nikâh of a virgin girl which
is performed by a farther walî in the presence of her father will not be sahîh.
If a
man states that “So and so (name of the woman) is my wife” and she confirms him
their marriage will be valid according to three Madh-habs. In the Mâlikî
Madhhab, however, their nikâh will not be valid.
In
three Madhhabs, a nikâh performed without witnesses will not be sahîh. If it is
done in the presence of witnesses it is permissible to keep it a secret. In
Mâlikî Madhhab, the nikâh will be sahîh, but it has to be announced among the
acquaintances. In the Shâfi’î and Hanbalî Madhhabs, the two witnesses (who are
necessary for the nikâh) have to be known by the community as men of integrity.
In the Hanafî Madhhab, the nikâh will be sahîh also through the testimony of
one man and two fâsiq (sinful) women. In (the other) three Madhhabs, when a
Muslim man marries a zimmî woman, the two witnesses have to be Muslims. In the
Hanafî Madhhab the two witnesses can be zimmîs. Conversation between the
parties is a sunnat during the nikâh. In Shafi’î and Hanbalî Madhhabs it is a
must-condition to say the word ‘Tazwij’ or ’Nikâh.’ In Hanafî Madhhab a nikâh
will be sahîh by saying any kinds of words expressing possession. This matter
in Mâlikî Madhhab is similar to that in Hanafî, but the mahr has to be
mentioned.
If one
says, “I have married my daughter to so and so (name of the person)” and that
person hears this statement and says that he has accepted the nikâh, according
to all ’âlims (scholars), the nikâh will not be sahîh. According to Abû Yûsuf
(rahmatullâhi ta’âlâ ’aleyh) it will be sahîh.
In
Shâfi’î Madhhab if one says, “I have married my daughter to you,” and that man
says, “I have accepted it,” the nikâh will not be sahîh. He has to say, “I have
accepted her nikâh,” or “her tazwîj,”, but according to Hanafî, Hanbalî and
other criteria in the Shafi’î (rahmatullâhi ’aleyh), the nikâh will be sahîh.
Imâms (rahmatullâhi ta’âlâ ’alaihim
ajma’în) of three Madhhabs said that it would be jâiz (permissible) to marry a
disbelieving woman with a holy book by accepting her from her walî, but in
Hanbalî Madhhab it is not jâiz.
When a
man marries a woman on condition that he will not marry another woman besides
her, or that he will not take her somewhere else in the future, according to
the three Madhhabs his nikâh will be sahîh and it is not necessary for him to
keep his promise, yet in this case he will have to pay her the mahr al-mithl.
Imâm-i Ahmad ibn-i-Hanbal ‘rahmatullâhi ta’âlâ aleyh’ said that “The man will
have to keep his promise; if the man does not keep his promise, the woman can
dissolve the marriage.”
When a
father wants to get married, it is not obligatory for his son to marry him,
(that is, to help him marry a woman), in Hanafî and Mâlikî Madhhabs. [It is
advisable to help one’s father get married.] In Shâfi’î and Hanbalî Madhhabs,
the son has to marry his father, (that is, to help him get married).
In the Hanafî Madhhab, a woman can dissolve the marriage if the man is
incapable of the sexual act. In the other three Madhhabs, she can dissolve the
marriage if the man has any kind of deficiency. If these deficiencies occur
after the nikâh, she can still dissolve the marriage. If there is a deficiency
in the woman, according to Hanbalî and one fatwâ in Shâfi’î, the man can
dissolve the marriage; according to Mâlikî and another fatwâ in Shâfi’î, he
cannot dissolve the marriage.” Translation from the book Mîzân al-kubrâ ends here. Khusûmat means to file
a complaint against someone. A woman who does not have any defect can apply to
the court to dissolve the marriage if she finds out that her husband is innîn, even if a long time passes after their
marriage. If the man denies it, the judge sends the woman to an obstetrician’s
to be examined. If the doctor says that the woman is virginal, one year later
that examination is performed again. If she is found out to be virginal again
the judge separates them. In this state of separation the exact mahr and iddat
are obligatory. Though the woman will lose her right of khusûmat after one
sexual intercourse, it is sinful not to have any more sexual intercourse. Innîn
is a man who is incapable of having sexual intercourse because of old age, or
having trouble with his genital organ or magic. They cannot apply to the court
to dissolve the marriage for any other reason. It is written in the book Ibn al-Âbidîn and in the
fatwâs of Hâniyya, Tatârhâniyya and Abullays that a nikâh is not sahîh if it is made
dependent on a condition to
be fulfilled beforehand. A good example
for this is to say, “I have married you provided that my father gives his
consent.” It is written in the book Ibni ’Âbidîn,
at the end of the chapter of ‘Muharramât’ that, if she says, “I have married
you if my father consents to it,” and if her father is present there and says
that he has consented to it, then that nikâh will become sahîh. Another example
of a conditional case is explained in the books Ibni
Âbidîn, Kitâb-ul fiqh alal-Madhâhib-il arba’a and Nimat al Islam. While explaining the performance
of a nikâh, the authors of these books say that if a woman says to a man, “I am
getting married to you on condition that I will be able to divorce you whenever
I choose to,” and if the man states that he accepts her condition; then, the
nikâh will be sahîh and she will also hold the right to divorce him.” If a woman
who does not have a husband or a mahram wants to go on a long journey, such as
on Hajj, or if Hulla has become necessary she can get married to someone by the
above-explained conditional manner. It is seen from these examples that Islam’s
criticizers who say that in Islam only men hold the right to divorce or who say
that women are like playthings in the hands of men are quite wrong. They do not
know anything about Islam. These liars and slanderers with their false
criticisms and allegations are estranging youngsters from Islam. The quotation
given above shows clearly that a man can transfer the right to divorce to his
wife at the time of the marriage contract, and as a consequence of this, she
can get a divorce whenever she desires. Look up the word “Tafwîd” at the end of
the chapter about Talâq for further information[1] .
During
the contract of marriage, if one offers a fâsid (unacceptable, wrong) condition
to be satisfied, the nikâh will be sahîh, but the condition will not be carried
out. For example, if one says, “I have married you on condition of not giving a
mahr to you,” the nikâh will be sahîh, but the condition will be invalid and it
will be necessary to give her mahr al-mithl.
MAHR - Kitâb-ul fiqh
alal-madhâhib-il arba’a states, “The mahr comprises things like
gold, silver, banknotes, or any kind of property or any kind of benefit that is
given by a man who wants to get married to the prospective bride. There are two
types of mahr. Paying the first type of mahr becomes wâjib immediately after the
nikâh is performed and half or all of it is liable to lapse.
---------------------------------
[1] The chapter about Talâq has not been translated into English yet.
This type of mahr is termed mahr-i mu’ajjal. The amount of the second type of
mahr is determined while performing the nikâh, but it will be wâjib to pay
after one of the three things happens, and it is not abatable. This type of
mahr is called mahr-i mu’ejjel. If
neither type of mahr is specified during the nikâh, the mahr-i mithl has to be given later on. If one’s
wife does something which causes a separation such as being a renegade, or
causing hurmat-i musâhara, the man never
pays any amount of the mahr-i mu’ajjal. But, if a man divorces his wife, or if
he does something which causes a separation, the man has to pay half of the
mahr-i mu’ajjal, and the other half lapses. Three things make giving the mahr-i
mu’ejjel wâjib. These three things are having sexual intercourse, being alone
together, and the death of one of the partners. When any one of these three
things occurs, the husband has to pay also the mahr-i mu’ajjal which he hasn’t paid
yet, and its amount cannot be decreased. Once a sexual intercourse has taken
place or the wife and husband have stayed alone, the mahr has to be paid
completely when the time determined during the nikâh comes, or in case of
separation. If the wife dies, the mahr is paid to her heirs. If the husband
dies, the wife is paid from her husband’s inheritance. Being alone with one’s
wife, which is legitimate, is different from being alone with a nâ-mahram
woman. This latter case is harâm (forbidden). Being alone with one’s wife is
not deemed to have occured if they are accompanied by anything that can
prevent, either sentimentally, or canonically, or naturally, their having
sexual intercourse. In cases such as when one of them becomes ill or wears
ihrâm or is performing the namâz or fasting or if the woman is in a period of
menstruation or lochia, or if the couple is accompanied by a discreet child,
the couple are not deemed canonically to have stayed alone together. The wife
is free to give her mahr to her husband, or if he is dead,, to her husband’s
heirs as a present. The wife’s father does not have the right to give his
daughter’s mahr to his son-in-law as a present.” It is written in the book Ibn-i Âbidîn, “The wife can transfer her creditor
to her husband to be paid with the mahr which she has not been paid yet. She
can donate her mahr to someone else as a present and assign him as her proxy to
take her mahr from her husband. For, the money to be taken from the debtor can
be presented only to the debtor. For presenting it to someone else, that person
must be assigned as proxy to take the money.”
It is written in the book “Fatâwâ-al-hindiyya”
that “If during
the process of nikâh one only mentions the
mahr but does not specify the amount of the mahr al-mu’ajjal, a portion of the
amount determined will become the mahr al-mu’ajjal. This portion will be
determined according to the customs and social status of the woman. The entire
mahr will be mu’ajjal if it is determined to be so (in the contract for nikâh).
If the entire mahr is said to be mahr-i mu’ejjel and a certain date for payment
is appointed, when the date of payment comes the wife cannot refuse to have
sexual intercourse for the purpose of getting her mahr. If the mahr will become
a mahr-i mu’ejjel one year later, and if the husband sets the condition during
the nikâh that he will have sex with her before the payment of the mahr it will
be jaiz to have sex without paying. According to Imâm-i Muhammad (rahmatullâhi
ta’âlâ ’aleyh), even if he does not set the condition the case will be the
same. If he sets the condition that he will be allowed to have sex before
paying the mahr-i mu’ajjal, it will be jaiz (permissible). If a portion of the
mahr is mahr-i-mu’ajjal and the other portion is mahr-i-mu’ejjel, even if the
sexual act has been performed with the consent of the wife, the wife can refuse
to go on a journey with her husband, or she can refuse to have sex or halwat
with him before the mahr al-mu’ajjal is fully paid.
During
the process of nikâh, it is unanimously jâiz to set a condition for the mahr-i
mu’ejjel to be paid on a certain date. The date of payment is awaited in case
of (an earlier) divorce. If the date of payment is not appointed it is paid as
soon as divorce takes place. In a rij’î divorce when the wife comes back the
mahr does not become mu’ejjel again. Whether small or old enough, when the girl
who gets married is virginal, her father or grandfather or the qâdî (judge) can
take her mahr from the husband. No one else can take it. These people cannot
take it, either, without the consent of the virgin who gets married.”
A hadîth-i sherif in the book Riyâdunnâsihîn
states, “One who performs a nikâh with the
intention of not paying the mahr will be resurrected among thieves on the Day
of Resurrection.”
It is valid to perform a nikâh without mentioning the mahr, and even by
setting the condition that no mahr will be paid, but in this (latter) case the
condition is invalid. In this case, the husband will have to pay the mahr-i mithl. It is paid as much as the amount
her paternal (female) relatives were paid. If some of the mahr is mahr-i mu’ajjal, this is paid before having
sexual intercourse or staying alone with her. If the whole mahr is mahr-i
mu’ejjel, or if the words mu’ajjal or mu’ejjel were not mentioned during the
process of the nikâh, it will be wâjib to
pay it after having sex or staying alone with her, whenever one’s wife asks for
it, or, if she does not ask for it, when one of them dies. The heirs can take
or give it, (depending on which one of the parties is dead). The value of the
mahr should not be less than ten dirhams of silver. Today, silver money is not
used. We use banknotes which are equivalent to gold. So, it should not be less
than ten dirham, that is one mithqal of gold [one mithqal is five grams, that
is, two-thirds of a gold coin] which is the equivalent of seven mithqal of
silver. The Persian book Jawâhir-ul-fiqh
states that the mahr should not be less than one gold coin. It is understood
that, in those days, one gold coin weighed one mithqal. If the mahr is less
than the abovementioned amount, it still must be paid as much as two-thirds of
a gold coin, or some other property equal to this value. A wife can refuse the
wedding party or halwat or a journey with the husband before she is paid her
mahr-i-mu’ajjal. If she refuses these things, her husband cannot refuse to
supply her her daily necessities of life. If the whole mahr is mu’ejjel [it can
be delayed, will be paid later] the wife cannot refuse them, even if she has
not yet been paid. She can also leave the house with one of her mahram
relatives if she is not paid her mahr al-mu’ajjal. If a wife, after receiving
ten gold coins as her mahr, gives them back as a gift to her husband [but does
not say, “I have given them as a present to you,”] and later the husband
divorces her before halwat, then it becomes necessary for her to pay him five
other gold coins. Since the gold cannot be made ta’ayyun through ta’yîn, the
woman will not have given her mahr back to her husband by handing those ten
gold coins to him. Because the divorce took place before the halwat and because
half of the mahr belongs to the woman by rights, she has to give the other half
of it back to the man. If she had not received her mahr from her husband and
said that she had made it halâl for him, or if the mahr had been property other
than gold, and if she had given the property back to her husband as a gift and
then the divorce had happened, in these cases, it would not have been
obligatory for her to give anything to the man. For, when she gives back the
property which becomes ta’ayyun after ta’yîn, the woman will not have been
supposed to have received the mahr.
Let us
repeat once again that appointing the mahr during the process of a nikâh is not
a must-condition for its being sahîh. If a man who is ignorant in religion
alleges, “In Islam, man has to pay mahr to a girl so that he can marry her.
Consequently, a woman is
something for sale like merchandise,” he
will have slandered the Islamic religion. The mahr in Islam is not for getting
married, but it is for facilitating a happy and harmonical life after marriage;
it also protects the woman’s rights and freedom; it prevents her from being a
plaything in the hands of ignorant and bad-tempered men. With the fear of
paying the mahr to his wife and the maintenance for the children every month, a
man cannot divorce his wife. Courts in countries where this fear does not exist
is filled up with files for divorce. For this reason, it is better for girls to
demand very little mahr from a man who knows and respects Islam’s beautiful
moral system and the value it attaches to women; otherwise, it is advisable to
demand a great amount.
It is harâm to marry twenty-five categories
of women. They are called mahram
persons. Eighteen out of the twenty-five types are eternally mahram. Seven
women out of the eighteen are zî rahm al-mahram,
which means one’s close relatives by blood and lineage. It is eternally harâm
to mary one’s mother, one’s mother’s or father’s mother, one’s daughter, one’s
son’s daughter, one’s daugter’s daughter, one’s sister, one’s sister’s
daughter, one’s brother’s daughter, one’s paternal and maternal aunts. It is
harâm to marry any one of them even unto death. This means to say that a woman
can never marry her father, son, brother, maternal and paternal uncles,
brother’s or sister’s son. It is also harâm to marry any one of these seven
kinds of relatives even if they are not relatives by blood but relatives by
suckling or by adultery. Only, one can marry one’s son’s milk-sister and one’s
brother’s milk-mother (wet nurse). In Hanbalî Madhhab anyone who sucks (from
the same mother), regardless of age, becomes a milk relative, but according to
the imâms ‘rahmatullâhi ta’âlâ ’alaihim ajma’în’ of the other three Madhhabs,
if they suck milk after the age of two and a half, they will not become milk
relatives.
It is
also eternally harâm to marry four kinds of women who become relatives after
marriage. If one has already performed the nikâh, or had adultery with a woman,
then he can never marry her mother, her mother’s mother, or her father’s
mother. When a man has sex with his wife, he can never marry the daughter which
she had from another husband. A man can never marry a woman with whom his
father or his own son made a nikâh, i.e. his step-mother or his
daughter-in-law. A woman can never marry her step-father, stepson,
father-in-law or son-in law. It is permissible
to marry an “Âkhirat-sister” or “Âkhirat-brother”,
or brother-or-sister-in Tarîqat, or “Âkhirat-mother.” The case with these
people is unlike the case with one’s own sister or mother. It is harâm for one
to see their heads, hair, arms, legs, to chat with them, to stay alone with
them in the same room, or to travel long distance with them. These things are
not halâl in any Tarîqat. He who says that they are halâl becomes a
disbeliever, a zindiq.
There
are seven more women whom a man cannot marry due to temporary situations. When
these temporary situations cease to exist he can marry them. Five of them are
harâm due to a nikâh. After performing a nikâh, one cannot marry the girl’s
sister. If the woman whom one has already married dies, or if one divorces her,
then one can marry her sister.
While
a man is married to a woman, it will be harâm for him to marry her paternal and
maternal aunts, or her sisters’ or brothers’ daughters. It is also harâm to
marry these five women when they are the wife’s milk-relatives.
In Hanafî, Mâlikî and Hanbalî Madhhabs the women who are harâm for one
to marry because of the sex act one performs with one’s wife, will also become
harâm to marry in case of an illegal sex act (adultery) one performs with a
nâ-mahram woman. But according to Shâfi’î Madhhab these women do not become
prohibited for one to marry because of the illegal sex act. One can marry a
woman with whom one has had an illegal sex; as well, anyone else can marry her.
Maternal and paternal uncles’ or maternal and paternal aunts’ daughters and
one’s brother’s wife are not zî rahm al-mahram;
in other words, these five women are nâ-mahram to one; hence, it is harâm for
one to look at their uncovered parts which must be covered; it is harâm for one
to have halwat with them or to talk to them when their heads and arms are
uncovered. Halwat means for a man and a
nâ-mahram woman to stay alone together in a private home. It is also harâm to
make halwat with a kâfir woman (non-Muslim woman), and with somebody else’s
female slave (Jâriya). These five women are nâ-mahram to one; consequently, it
is permissible for one to marry them. It is not harâm, yet it is tanzîhî makrûh
to marry the first four women. It is written in Kimyâ-i-sa’âdat
as follows: The eighth one of the eight qualities considered a sunnat to be
possessed by a prospective wife is that she should not be one from among the
close relatives. In a hadîth-i-sherîf Rasûlullah
(sallallâhu alaihi wa sallam) said, “Their children
will be weak and unhealthy.” The same information is also written in
the book
Murshîd al-mutaahhelîn, which is written in Turkish. It is not
makrûh to marry the daughters of these four women. Hadrat Alî (radiallâhu anh)
did not marry his uncle’s daughter, but he married his uncle’s son’s daughter;
therefore, it was not makrûh.
The
sixth one of the seven women who are harâm to marry due to a temporary
situation is a mushrik woman. Mushrik means someone who is a disbeliever
without a Holy Book. Communists and masons (freemasons), murtads (renegades),
Buddhists, Brahmins and atheists are mushriks. If a mushrik becomes a Muslim,
it will be permissible to marry her. When a man or a woman wants to marry a
woman or a man, he or she should investigate thoroughly to know if the woman or
the man is a Muslim or not. Although it is jaiz for a Muslim man to marry a
woman who is a disbeliever with a Holy Book, that is, a Christian or Jewish
woman or a heretical woman, or a lâ-madhhabî woman, if they have not become
mushriks, it is tahrîmî makrûh to marry the ones who live in countries termed
dâr-ul-harb, and it is tanzîhî makrûh to marry the ones who live in countries
termed dâr-ul-islâm. It is also jâiz for a man who is married to a Muslim woman
to marry these women. It is not permissible for a Muslim woman to marry a man
who is not a Muslim. She becomes a renegade at the moment she makes up her mind
to marry a non-Muslim man.
The
seventh woman who is harâm to marry due to a temporary situation is a slave
woman while a man is married to a free woman; yet it is jaiz to marry a free
woman while one is married to a slave woman.
It is not permissible for a man to greet these seven women or to
acknowledge their greetings. To marry someone else’s wife is not permissible,
but if she is divorced, and if she has waited through the period of iddat, it
is permissible to marry her. It is written at the end of the chapter about
iddat, “If a woman hears from a true Muslim that her missing husband [who has
been, let us say, put into jail, or taken prisoner in a country far away from
his hometown,] is dead, or that he divorced her with three talâqs (triple
divorce), she will be free to marry any other man. It is written in the
explanation of the tenth article of the book Majalla
that a missing man who is (at least) ninety years old is judged to be dead by
the judge. If her first husband comes back the second nikâh (marriage) will be
invalid, even if she had heard that the man had died, or she had recevied a
letter from him informing her that he had divorced her with triple divorce.
[Ni’mat-i Islâm]
It is
harâm for a free man to be married to more than four
women at the same time. It is also harâm
for a slave to be married to more than two women at the same time. It is not
necessary to take permission from the first wife in order to marry a second
woman. If the first wife does not consent to her husband’s second marriage,
even if she says that she will kill herself, the husband can still marry the
second woman. But it will be better if the husband gets the consent of the
first wife. It will be even better if he gives up the second marriage in order
to please the first wife. He will earn a lot of thawâbs (rewards) for his
forbearance. It will be harâm for a man to marry even the first one if he
cannot maintain justice or if he is cruel to her, or if he cannot earn enough money
to support her. Please see the thirty-ninth chapter of the second part in the
Turkish original version. Shiites say that it is jâiz to marry up to nine
women. Hamidullah (an Indian with a doctorate degree in Islamic Studies from
Sorbon university in France) in his book translated into Turkish under the
title Ýslâma Giriþ (Introduction to Islam) has misleading comments on this
subject.
It is sahîh for a man to marry a woman who is pregnant through adultery
before the child is delivered. But it is not permissible for him to have sex
with her until she delivers, and in this period it is not wâjib for the man to
support her. It is not valid to marry a woman who is pregnant through nikâh
until she delivers. It is permissible for the adulterer to marry, and also to
have sex with, a woman with whom he has already had adultery. The child which
is delivered in after the sixth month after the nikâh will be his own child. If
the child is delivered before the sixth month and if he claims that it is his
child then it will be his child. It is jâiz to marry and have sex before having
istibrâ a woman who has already committed adultery with somebody else. The
âyat, “The adulteress
cannot be married by other men” was cancelled with the third âyat of
Nisâ Surâ and with a hadîth-i-sherîf. A person
can have sex with his wife who has committed adultery, without waiting until
the end of iddat period.
Performance of the nikâh agreebly with
the sunna: Two
or more sâlih Muslim men gather together. There should be no women among the men.
As well, the men and women should gather at separate houses for the wedding
feast. It is harâm to show the bride to a nâ-mahram man. A person who does not
attach due importance to a harâm will become a disbeliever and the nikâh will
be dissolved. At first, one man from each side should deliver a speech. Then
the man who represents the woman
(her wakîl) states the number of gold
coins they demand for her mahr. If the man does not accept this amount, the
parties negotiate and come to an agreement. Then the walî of the woman or her
Muslim wakîl says the following:
“Bismillah walhamdu lillah, was-salâtu alâ Rasûlillah” and then says to
the groom “I have given... (name of the girl) who is the daughter of.... (name
of her father) to you for your wife. As her walî [or her wakîl], I have
given... who is the daughter of....., for.... [for example ten Reshad gold
coins] of mu’ajjal [that is, to be paid
in advance] and for.... [for example twenty Reshad gold coins] of mu’ejjel [that is, to be paid later on] mahr to
you for your wife.” If the groom is not present, he says these words to his
wakîl, but in this case he does not say, “to you”; instead, he says, “to ...
(name of the groom) who is the son of... (name of his father)”. These
statements are named îjâb, which means
offer. After this, if the groom is present, he answers as follows: “I have
accepted this nikâh with this specified mahr for me.” If the groom is not
present, his wakîl answers by saying, “I, as a wakîl of so and so, have
accepted this nikâh for.... (name of the groom) who is the son of ...... (name
of his father) with this specified mahr.” It will be better to say the amount
of the mahr when they answer. This answer is called Qabûl.
The Islamic nikâh is performed with this procedure of îjâb and qabûl. [It is
mustahab to deliver a paper to the wife after writing the amount of mahr on it
and putting down the signatures of the groom and the two witnesses. The mahr is
a human right. In case one divorces one’s wife, one has to pay the mahr to the
wife, otherwise one will be put into jail in this world, and into Hell in the
Hereafter, in the second world. It must not be so easy for many people to pay,
let’s say twenty gold coins, or if one Reshad gold coin is ten million liras,
to pay about two hundred million liras in cash, and to pay money to the mother
for the children’s maintenance every month, that is, to undertake the
responsibility of maintaining a second familiy. As seen, while giving the right
to divorce to a man, Allâhu ta’âlâ has made it impossible for a Muslim to do it
by stipulating heavy conditions. Man’s having the right to divorce is not
something more than a means to threaten women; it helps and supports man in his
duty of conducting the family. The right to divorce seems to be in the hands of
man, but in fact, it is always in the hands of the wife. When a Muslim man
thinks of divorcing his wife, the fear of paying money which can be afforded by
very few people, the maintenance which will have to continue for years, or
being put
into jail in this world and into Hell in
the second world will loom in front of him like a mountain. When a woman wants
to be divorced, she says she has given her mahr to her husband as a gift, or
says that she has made it halâl for him; then she embarks on an unpleasant
behaviour in order to provoke him to divorce her. Though it is so easy for a
woman to be divorced, a Muslim woman who is aware of the sacredness of family
life and also the husband’s rights on his wife does not want to commit the sin
of extinguishing her holy nest and thus suffer misery and ignominy in this
world and torment in the Hereafter and to be wretched and wicked in this world.
A divorcee does not have to give anything to anybody. Her rich relatives have
to care for her. She is cared for by the Bayt-ul-mâl in case she has no
relatives. After divorcing his wife, a true Muslim has to work very hard in
order to maintain his children and also to maintain his new family. The wrong,
depraved and uncanonical actions of irreligious, lâ-madhhabî and ignorant
people should not be exploited as grounds for censuring Islam].
For an Islamic marriage to be sahîh (valid), both the groom and the
bride have to be Muslims. That is, they have to know and believe the tenets of
belief (îmân) and Islam. If there is doubt concerning their îmân, the person
who will perform the nîkâh, after saying the Basmala, the (prayers of) hamd and
salawât, mentions the six tenets of îmân and the five principles of Islam one
by one and has the groom and the bride say them, too. Then he states the
Sifât-i-dhâtiyya and the Sifât-i-thubûtiyya of Allâhu ta’âlâ, the important
attributes of Prophets and angels, the teachings
pertaining to grave and the Hereafter, respectively, and has them repeat. He
has them say, “We believe, we have îmân,” “I am a Believer, I am a Muslim.”
Then he must perform the nikâh, beginning with the groom or his wakîl. It is
stated as follows in Radd-ul-mukhtâr:
“When both the woman and the man are present, it is not permissible for them to
perform the nikâh by writing. When they are not together, it is permissible for
one of them to send a letter and the other read the letter in the presence of
two witnesses and accept it orally. It is not permissible if both parties state
their parts in written form. The woman reads or explains the letter she has
received from the man to two witnesses and says, ‘Be my witnesses! I have
accepted to be his wife.’ The woman’s reading the letter to the witnesses is
equivalent to the man’s proposing orally in the presence of the witnesses.”
Ibni Âbidîn ‘rahmatullâhi ta’âlâ aleyh’ makes the
following explanation in his depiction of the witnesses for a nikâh: “Like in
all sorts of contracts, presence of two witnesses is not necessary as you
appoint someone your wakîl (proxy) for a nikâh. However, it is mustahab there
to be two witnesses during any kind of contract. And their presence during the
performance of a nikâh is a condition, a must. It has been stated (by some
scholars) that it is wâjib to have two witnesses during a lending contract.
Although it is not a condition to prepare a written document in commercial
proceedings, in proxy authorizations or in any other contracts, it is necessary
during a lending contract and mustahab during the nikâh. In proxy authorization
and in nikâh, it is necessary for the witnesses [or for the person to be
authorized as the proxy] to know the woman. If they are present, it will be
good if they see her face. If they hear her voice from another room, it will be
permissible if the woman is alone in the room. As the nikâh is being performed,
the walî or the wakîl says only the name of the woman whom the witnesses know.
If the witnesses do not know the woman, he (the walî or the wakîl) will have to
say her father’s and grandfather’s names, too. To know the woman means to know
whose daughter she is and which daughter she is (if she has sisters). It does
not mean to know her person or outward appearance. A small girl’s father orders
someone to perform his daughter’s nikâh. When this person, who is the wakîl
now, performs the nikâh in the presence of someone else, it will be permissible
if the father, too, is present. For the wakîl’s performing the nikâh has been
in the name of the father, and he himself has acted as a witness. It is not
permissible if the father is not present. When the father, or another wakîl, of
a grown-up girl [who has reached puberty] performs the girl’s nikâh in the
presence of a man, it will be permissible if the girl, too, is present. For the
statements made by the walî (the father) or the wakîl will have been made by
the girl. The walî or the wakîl will have acted as a witness. If a man says to
someone, ‘Have you given your daughter as a wife to me?’ and if the latter
says, ‘Yes, I have,’ or, ‘I have given her as a wife to you,’ the nikâh will
not have been effected. The former will have to say again, ‘I have accepted.’
For his first expression is in question form. A wakîl cannot be authorized in
question form. However, if his first statement is, ‘Give your daughter as a wife
to me!’ the nikâh will have been effected. For he will have authorized the
latter as his wakîl through imperative form. This
wakîl’s answer will have been made in the
name of both parties and therefore the nikâh will have been accomplished if two
witnesses are present, too. If the wakîl says the name of the girl’s father
wrong, the nikâh will not be sahîh. If a man sends various people (to act as
his deputies) to marry him to a girl, if one of them makes the proposal to the
girl’s father and the girl’s father, or her walî, accepts, it will be sahîh.
For the person who has made the proposal has been the wakîl and the others have
been witnesses.
If a
man makes someone his wakîl by saying to him, ‘Go as my representative and ask
so and so’s daughter so and so to marry me for so much mahr (saying the amount
of mahr),’ and if the wakîl makes the proposal by offering an amount of money
more than the mahr (advised by the former), it will not be necessary to give
the excess, too. The former may consent to give the extra amount if he likes.
Or he may cancel the nikâh if he likes. If he is informed after the marriage
ceremony and then cancels the nikâh, he will have to give ‘Mahr-i-mithl.’ A
nikâh that is performed by saying that “Allâhu ta’âlâ and His Messenger ‘sall-Allâhu
alaihi wa sallâm’ are witnesses” will not be sahîh. There are even scholars who
say that it is disbelief.”
It is stated as follows in Majmû’a-i-zuhdiyya:
If a man, in the presence of two male witnesses, writes on a piece of paper, “I
have taken you as my wife,” and if the girl writes, “I have accepted,” the
nikâh will not have been effected. They have to say it. If a girl reads to the
witnesses a letter that says, “I have taken you as my wife,” and which has been
written by a man who is absent, and then says, “I have accepted,” the nikâh
will have been effected. If a man sends someone to a girl and asks her through
him to be his wife and if the girl, in the presence of two witnesses who have
heard the proposal, answers, “I have accepted,” the nikâh will have been
accomplished. If, instead of reading the letter, she says that the letter says
so, again, the nikâh will have been effected. In a nikâh, it is a condition
that the îjâb [offer, proposal] and the qabûl [acceptance] be made during the
same meeting, yet it is permissible to tell the witnesses about a letter of
îjâb coming from someone being at some other place in one meeting and to say
that one accepts it in another meeting. If a woman authorizes someone as her
wakîl to marry her to a man and if this wakîl performs the nikâh in the
presence of this woman and two female witnesses, the nikâh will be sahîh. If a
person marries a woman by saying that he does not have another
wife, this marriage (nikâh) will not be
annulled if it is found out later that he has had another wife. So is the case
with any other sort of false condition. If a woman makes someone her wakîl to
marry her to a man on condition that he (the man she is to marry) will not have
a jâriya during his marriage with her and if the wakîl performs the nikâh
without stating the condition and with someone other than the man named by the
woman, the woman can refuse the nikâh. A small girl can be married to a man by
her father in his death-bed in the presence of witnesses. If a person has a
female paternal cousin who does not have a walî closer than he, he can marry
her to himself without the girl’s permission if she is small, and with her
permission if she is old enough. A small girl’s nikâh can be performed by her
father and the wakîl of the prospective husband in the presence of two
witnesses.
A girl
cannot be forced to marry her fiancé.
For performing the nikâh of a girl who has reached the age of
discretion and puberty, it is not a condition that her walî be her wakîl at the
same time, yet it is mustahab. For the nikâh of a boy or girl who is not
pubescent, it is necessary for his or her walî to act as his or her wakîl or to
give permission. The walî is the (relative called) Asaba who has the authority
to take the property inherited by a child (on its behalf). According to the
Shaikhayn[1]
‘rahmatullâhi ta’âlâ alaihimâ’, the order of closeness [precedence] in being
the walî (for a person who is insane or below the age of discretion and
puberty) is as follows: the son, the son’s son, the father, the grandfather,
the brother, the paternal uncle, the paternal uncle’s son. If an adult girl’s
walî performs nikâh for her without her permission, her silence or weeping upon
hearing about it is an indication of consent. So is the case with asking for
(her) permission before the nikâh. It is sunnat to ask for the permission
before the nikâh. A father or grandfather who is a sâlih Muslim can force a
small child to (give consent to) the nikâh, and a nikâh performed in this
manner is sahîh. A nikâh performed by male walîs except these two will be sahîh
only with the mahr-i-mithl and if they marry the girl to her kufw, and then the
girl can have the judge annul the nikâh when she becomes pubescent. In case
there is no male walî, first the mother, then the father’s mother, then the
daughter, and then the son’s daughter have precedence to act as the walî. As
long as a
---------------------------------
[1] Imâm-i-a’zam Abû Hanîfa and Imâm-i-Abû Yûsuf.
closer
walî is alive, a walî who is next in order of precedence cannot be a (small
child’s) walî in nikâh. If the closest walî does not perform a nikâh with
mahr-i-mithl and by marrying the girl to her kufw, then the Hâkim-i shar’
performs the nikâh. If a woman marries someone who is not her kufw, her male
walî can have the judge annul the nikâh. That this nikâh is not sahîh anyway is
written in Fatâwâ-i-khayriyya. Being kufw means the man’s being suitable for the woman
in ancestral lineage, in wealth, in piety and in honour.
It is stated as follows in Ni’mat-i-islâm:
“Kafâat (being kufw) means the standards which a woman should expect the man
(she is to marry) to have. The man has to be either superior or equal to the
woman in six respects. A man with a lower professional status cannot be kufw to
a woman holding a higher profession. This includes a comparison of their
salaries or wages, too. A sinful man, even if his wrongdoings are not widely
known, cannot be kufw to a girl who is sâliha (pious) or even to a sâlih
Muslim’s daughter. The husband ought to have the financial capacity to pay the
mahr-i-mu’ajjal plus the money enough to support his wife for a month. A man
who fulfils this condition can be kufw to a wealthier woman. These conditions
are to be demanded during the performance of the nikâh. The nikâh will not be
impaired if they cease to exist after the nikâh. A peasant can be kufw to an
urban girl. If a girl’s nikâh is performed for an amount of mahr less than the
amount of mahr-i-mithl, her walî can have the mahr complemented or have the
judge cancel the nikâh.”
If a person performs a man’s nikâh or divorces his wife (on his behalf)
though he is not his wakîl, validity of his performance depends on the man’s
accepting or refusing it upon hearing about it. A slave’s master cannot divorce
him from his wife. A man can make someone else, as well as the wife herself,
his wakîl to divorce his wife (on his behalf). There are three ways of doing
this: The first way, termed Temlîk, is
for the man to say to his wife with the intention of divorce, “Exercise an
option concerning your nafs,” or “You have the choice,” or to say, even without
intention, “Divorce yourself.” In this case, the woman can divorce herself
before any of them leaves the place if he has not mentioned a certain time, or
within the period of time given if he has appointed a certain time. Please see
the thirty-sixth chapter in the second part of the Turkish version.
It is
sunnat to serve sweets, fruits or sherbets to those who are present during the
performance of the nikâh and to serve food
rich in meat and desserts for the wedding
party, to attend a wedding feast when you are invited, and to announce a
wedding to acquaintances by beating drums and playing tambourines.
It is
not a condition there to be an imâm or to recite certain prayers during a
performance of nikâh. This is not a nikâh of imâm (as some ignorant people in
Turkey call it). It is an Islamic nikâh. A Muslim who is to get married should
first apply to marriage registration office and have the necessary legal
proceedings completed, having it registered in his identity certificate that he
is married. After the legal procedures are completed, the Islamic nikâh is
performed before the wedding party. Thus the commandment of Allâhu ta’âlâ is
carried out. He who does not perform a marriage agreeably with laws will have
committed an offence. And he who does not perform an Islamic nikâh will become
sinful. A person who ignores these facts will deserve the severest punishments.
A Muslim should not violate laws or commit sins. To incur punishment by
violating laws is a sin in itself.
Following
is a procedure of nikâh which the Ottomans in Istanbul used to follow:
The person to perform the nikâh would first write the name of the wife,
e.g. Fâtima bint-i-Ahmad. Then he would write the name of the wife’s wakîl, let
us say, Alî bin Zayd. Then he would write the names of the two male witnesses.
Next he would write the name of the husband, for instance, ’Umar bin Huseyn.
The next stage would be to write the name of the husband’s wakîl if the husband
was absent. Then, asking both parties, he would write the amount of the mahr
they had agreed on in the name of mahr-i-mu’ejjel. Then he would say the
(prayer called) istighfâr and say the A’udhu and the Basmala, which would be
followed by the following prayer: “Al-hamdu li’llâh-illezî zawwaj-al arwâha
bi’l eshbâh wa ahall-an-nikâha wa harram-as-si-fâh. Wa-s-salâtu wa-s-selâmu
’alâ rasûlinâ Muhammadin-illezî bayyana-l-harâma wa-l-mubâh wa ’alâ Âlihi wa
Ashâbih-illezîne hum ahl-us-salâhi wa-l-felâh.” Then, saying the A’ûdhu and the
Basmala, he would recite the thirty-second âyat of Nûr sûra. Saying,
“Sadaqallâhul ’azîm,” he would go on, “Qâla Rasûlullah ’sall-Allâhu alaihi
wa-sallam,” ‘An-nikâhu sunnati faman raghiba an
sunnatî fa-laysa minnî’, sadaqa Rasûlullah. Bismillâhi wa alâ
sunnati Rasûlillah.” Then he would say, “With the blessed commandment of Allâhu
ta’âlâ and upon the sunnat-i-seniyya of our Prophet
and master hadrat Muhammadan-il-Mustafâ and following the ijtihâd of
hadrat Imâm a’zam Abû Hanîfa, who is the
imâm of our Madh-hab in a’mâl (deeds, worships), and with the testimony of the
Muslims present here, have you given Fâtima bint-i-Ahmad, whom you deputize, as
a wife to ’Umar bin Huseyn, her suitor, in return for the mahr-i-mu’ejjel of
.... gold coins and the amount of which they have decided, in the name of mahr-i-mu’ajjal,
in your capacity as proxy?” Then, turning to the husband’s wakîl, he would
recite the same prayer, beginning with, “Bismillâhi wa alâ.” Then he would say,
“And you; have you taken Fâtima bint-i-Ahmad (as a wife) for ’Umar bin Huseyn,
whom you deputize, in return for ..... gold coins in the name of
mahr-i-mu’ejjel and the amount upon which they have agreed in the name of
mahr-i-mu’ajjal, in your capacity as proxy?” He would ask each party three
times, each time receiving the same answer. He would say, “So I have performed
the ’aqd-i-nikâh,” and recite the following prayer:
“Allâhummaj’al hâzal aqda maymûnan mubârakan waj’al bayna-humâ ulfatan
wa mahabbatan wa qarâra wa lâ tej’al bayna-humâ nafratan wa fitnatan wa firârâ.
Allâhumma allif baynahumâ kemâ allafta bayna Âdama wa Hawwâ. Wa kemâ allafta
bayna Muhammadin ‘sall-Allâhu alaihi wa sallam’ wa Hadîja-t-al-kubrâ wa
Âisha-ta-umm-il mu’minîna ‘radiy-Allâhu anhumâ.’ Wa bayna Alîyyin ‘radiy-Allâhu
anh’ wa Fâtima-t-az-zahrâ ‘radiy-Allâhu anhâ.’ Allâhumma a’ti la-humâ awlâdan
sâlihan wa omran tawîlan wa rizqan wâsi’an. Rabbanâ heblenâ min ezwâjinâ wa
zurriyyâtinâ qurrata a’yunin waj’alnâ li-l-muttakîna imâma. Rabbanâ âtinâ
fi-d-dunyâ hasanatan wa fi-l-âkhirati hasanatan wa qinâ ’adhâban-nâr. Subnâna rabbika....”
Finally he would say, “Fâtiha.” This prayer was recited by our master the Prophet, by all ’Ulamâ and Awliyâ. Saying this prayer
would generate a lifelong affection between husband and wife. They would lead a
life of comfort and peace. A life of abundance would continuously prevail in
their home. The person who performed the nikâh would take the husband’s and
wife’s identification certificates and go to the imâm’s office, taking along
the two witnesses. Filling in the marriage card,
he and the two witnesses would sign it. The imâm, in his turn, would ratify the
card and send it and the identity certificates to the Registry of Births
concerned. The official at the Registry of Births would register the marriage
in his book as well as on the identity cards, and then send the identity cards
back to the imâm, who in his turn would give the identity cards to their
owners, i.e. (the) one (belonging to the husband) to
the husband himself and the other, (which
belonged to the wife), to the wife’s wakîl. Every marriage was thus registered
in the time of the Ottomans.
A
person who gets married should do so with the intention of protecting himself
from fornication, from looking at harâms. He should make his niyyat (intention)
to raise sâlih children, to contribute to the multiplication Muhammad’s
‘alaihis-salâm’ Ummat, and to adapt himself to his Sunnat in nikâh. To attempt
to hoard property through harâm, and to adduce one’s household as an excuse for
this illegitimate way of earning, betrays the fact that one has not made one’s
nikâh compatibly with the Sunnat.
The nikâh called Mut’a or Muwaqqat (temporary) is harâm in all the four
Madh-habs. The nikâh of Mut’a means to enter into a temporary cohabitation
agreement with a woman by paying her a certain amount of money without any
witnesses. It is written in the books Mîzân-ul-kubrâ
and Ibni Âbidîn that the nikâh of Mut’a
is harâm and that the report stating that “Imâm-i-Mâlik said that it was
permissible” should be wrong. As for the nikâh that is called Muwaqqat
(temporary); it is a kind of nikâh performed in compliance with all its
conditions except that divorce after a certain period of time, (be it a hundred
years later), has been stipulated as a condition, (which makes the nikâh null
and void). If a person only passes through his heart (the thought that he is
going to divorce his wife later) without transferring his thought into words,
his nikâh will be sahîh.
If a woman who has no male relatives to accompany her in her travel for
hajj marries a man going on hajj so that she can go on hajj with him and then
gets divorced from him, their marriage is harâm because it is temporary. On the
other hand, it is harâm for women to go on hajj alone. It is not permissible
for a woman to go on a three days’ travel without one of her eternally mahram
relatives or her husband to accompany her. According to a report coming from
Imâm-i-a’zam Abû Hanîfa and Imâm-i-Abû Yûsuf ‘rahmatullâhi ta’âlâ alaihimâ’, it
is makrûh for a free woman (a woman who is not a slave) to go on a day’s travel
without her mahram relative. It is written in the fifth volume of Fatâwâ-yi-Hindiyya that when the distance is
shorter than a day’s walk she can go without any of her mahram relatives
provided she will be among sâlih men.
It is stated in Uqûd-ud-durriyya,
“It is sahîh to demand to be taught (how to read) Qur’ân al-kerîm as the mahr.
For it is
permissible to make mahr from something
for which payment is permissible. When a person sends his wife something in
addition to her subsistence and says that it is the mahr, his statement will be
accepted if he swears (that he is telling the truth). If a woman whose nikâh is
performed without any mention of the mahr is divorced before halwat (staying
alone together) or waty (sexual intercourse), it becomes wâjib for the husband
to give her mut’a. Mut’a means a dress, a coat or a headgear and its value
should not be more than half the value of the mahr-i-mithl. If a woman whose
husband is dead claims not to have been paid a part of the mahr-i-mu’ajjal, she
will be given it out of the inheritance (left by her husband). If she claims
that she was not given the mahr-i-mu’ajjal at all, she will not be given
anything. If a girl’s father prepares her dowry, gives it to her while he is in
good health and then dies, the (other) inheritors cannot demand any rights
(from the dowry). Money called ‘Baþlýk’[1] , which is taken by a bride’s relatives from the
groom in return for delivering the bride to him, is a bribe. They have to
return it to the groom. If a discreet and pubescent girl is married to (someone
who is) her kufw in return for mahr-i-mithl, her parents cannot raise any
objections, nor can anyone else. If a person who marries a virgin says that he
has found out that she was a widow, he is not to be believed or given back the
mahr (that he has paid). It is permissible to perform a nikâh or wedding during
the time between the two ’Iyds. It is written in Hamza
Efendi Risâlesi and in Fatâwâ-i-khayriyya,
“It is bribery for a girl’s relatives to charge the prospective groom anything
in the name of ‘Baþlýk’ for performing the nikâh. It is harâm to take it. Nor
does the groom have to pay it if he has promised (to give) it. He can take it
back if he has paid it.” It is stated in Bahr-ul-fatâwâ,
“If a woman finds out after the nikâh that her husband is leprous, she can have
the judge annul her nikâh, according to Imâm-i-Muhammad. If a person who has
given some dowry to his daughter claims that he gave it as âriyat (for
temporary use), his claim is not to be accepted unless he produces two
witnesses. In case his daughter is dead, his claim will be accepted if he
swears an oath; in this case he can take the dowry back from the groom.” It is
stated in the fatwâ of Fayziyya, “The
mahr-i-mu’ajjal is paid as the dowry expense before the wedding. If the nikâh
is performed by an agreement of mahr on a certain number of coins that are
current in the country and if,
---------------------------------
[1] A bad custom practised by very few people in some rural areas.
later,
the coins lose their validity and the wife dies, gold or silver equivalent to
the value of coins on the day when they lost their validity is to be given to
her inheritors. It is not necessary to give the same number of silver coins.
[Paper bills are the same as metal coins in this respect]. If the husband
claims that the things he sent after the nikâh were the mahr and the wife says
that they were presents, the husband’s claim will be preferred if they have no
witnesses.”
The following information is the
translation of a chapter captioned ‘The nikâh of a Kâfir’ from Durr-ul-mukhtâr,
and from Ibni Âbidîn, which is an explanation of the former:
Three
facts will be explained here.
1 -
Every nikâh that is sahîh between (two) Muslims is sahîh between (two)
disbelievers, too.
2 -
Muslims’ nikâh will be harâm in the absence of any of the conditions, e.g. if
there are no witnesses or if the woman’s period of iddat is not over yet. On
the other hand, a nikâh performed by disbelievers in these cases will be
permissible if it is compatible with the canonical laws in their religion.
3 - It
is permissible for a disbeliever to marry a woman disbeliever who would be
forbidden for a Muslim to marry. And when he marries one such woman he has to
support her and, when they become Muslims, people who accuse them of
incontinence, which is an act called Qazf, will have to be chastised with (the
punishment called) Hadd. On the other hand, a couple whose nikâh would become
null and void if they became Muslims cannot inherit property from each other.
When a
couple of disbelievers who have married through a nikâh of the second or third
type become Muslims, the judge separates them. If any one party of a married
couple of magians, or the female party of a married couple of disbelievers with
a Heavenly Book becomes a Muslim, the other party will be offered to become a
Muslim, too. If he or she becomes a Muslim, too, their nikâh will not become
void. Otherwise, the judge separates them. If the male party of a couple of
magians becomes a Muslim and the female party (the wife) becomes a Jew or a
Christian, their nikâh will not become void. If either party (the woman or the
man) of a couple of disbelievers with a Holy Book becomes a Muslim and moves to
the Dâr-ul-islâm, their nikâh becomes void. For disbelievers in the Dâr-ul-harb
are theoretically dead people. There cannot be a nikâh between a person who is
dead and one who is alive. If both of them move to the Dâr-ul-islâm as Muslims
or zimmîs, or if they are captivated, their nikâh will not become void.
If one
of a married couple of Muslims becomes a renegade, that is, if he or she
abandons Islam, their nikâh becomes void. If the husband becomes a renegade and
then renews his îmân and nikâh, it will be jâ’iz (permissible). Since divorce
has not taken
place, it will be jâ’iz even if takes
place more than three times and without waiting till the end of the period of
iddat, and it will be unnecessary to go to the court of justice. If the husband
becomes a renegade, he will have to provide the woman’s sustenance as long as
the period of iddat. If the wife becomes a renegade, the husband will not have
to support her as long as the iddat. If the wife becomes a renegade, she will
be imprisoned until she becomes a Muslim or has her nikâh renewed by the judge.
A woman imprisoned (for this reason) is like a woman who leaves home without
(her husband’s) permission; her husband does not (have to) meet her expenses
such as sustenance and rentals. If a husband who has turned a renegade dies
within the period of iddat, his wife becomes his inheritor. The scholars of (the
city of) Belh, when they observed an increase in the number of women who became
renegades in order to get divorced from their husbands, said that the wife’s
turning a renegade would not annul the nikâh. [Please see the fifteenth chapter
in the second part of the Turkish original!]
According to those kinds of reports called Zâhir, a woman who becomes a
renegade cannot be used as a jâriya as long as she stays in the Dâr-ul-islâm.
If she flees to the Dâr-ul-harb, [i.e. to a country of disbelievers such as France
and Britain], and then is caught and brought back to the Dâr-ul-islâm, she
becomes a jâriya if she becomes a Believer again. On the other hand, according
to some reports called Nawâdir, she can be made a jariya (even if she stays) in
the Dâr-ul-islâm. According to a report called Nawâdir, a woman who becomes a
renegade becomes a fey for Muslims. Property captured from disbelievers in a
war is called Ghânîmat. One-fifth of the
ghanîmat is to be given to the Bayt-ul-mâl. The remainder is divided and meted
out to the soldiers. Property seized by force from disbelievers after the war
is over is called Fey. All of the fey is
dealt out to all Muslims. For this purpose it is put into the Bayt-ul-mâl.
Kharâj and jizya are fey. Since a woman who turns a renegade becomes a fey, her
husband finds her and, if he has the right, asks the Khalîfa to give her to him
or, if he does not have the right, buys her from the Khalîfa. Her becoming a
Muslim again later will not save her from the state of being a jârîya. Dzengiz
Khân captured the Muslim cities in Asia and martyred Muslims. He prohibited
Islamic practices. The cities he captured became Dâr-ul-harb. If a woman who
turns a renegade is caught by her husband in the Dâr-ul-harb, she does not
become fey. She becomes his own
jâriya. He does not have to buy her from
the Khalîfa. If she does not have a child, he can sell this jâriya to others.
These heavy punishments prevent women from turning renegades.
[A jâriya, even if she is an umm-i-walad[1] , and a slave can marry with the permission of
their masters. During their married life they go on serving their owners. An
umm-i-walad cannot be sold. When a jâriya’s or slave’s owner dies, she or he is
inherited by the owner’s heirs. An umm-i-walad becomes free (upon her owner’s
death). A jâriya’s child by her owner becomes free. Her child by her husband is
not free].
Khalîfa
’Umar ‘radiy-Allâhu anh’ saw a songstress playing an instrument and singing. He
hit her on the head with his whip, tearing her headgear open. When they said,
“O Emîr-al-mu’minîn! The woman’s head is left bare,” he answered, “A person who
slights something forbidden by Allâhu ta’âlâ has lost his Islamic honour. Islam
makes honourable women valuable by covering them.” It is for this reason that
when the great scholar Qâdî Abû Bekr-i-Belhî ‘rahmatullâhi ’aleyh’ was asked
why he had walked by “uncovered women” because he had passed by some place
occupied by women with bare heads and arms, he said, “They are worthless,
inferior women. It is doubtful whether they have îmân. They are like female
disbelievers in the Dâr-ul-harb.” This statement of his means that those women
are like jâriyas who have become fey. A jâriya’s heads and arms are not her
awrat parts. Hadrat ’Umar ‘radiy-Allâhu anh’ not only said that female singers
had lost their Islamic honour, but also stated that those women who did not
cover their heads and arms at places open to nâ-mahram men were deprived of the
honour endowed by Islam. For their behaviour shows that they despise and
disignore the commandments and prohibitions of Allâhu ta’âlâ. And this, in its
turn, causes one to lose one’s value and respectability.
As we
have stated earlier, women who have become disbelievers, renegades, cannot be
used as jâriyas in the Dâr-ul-harb, according to reports termed Zâhir.
According to reports called Nawâdir, on the other hand, they can be used as
jâriyas, which fact, too, we have already stated; and we have explained also
that this permissibility can be exploited for the purpose of giving a renegade woman
back to her husband. For reports termed Nawâdir are
---------------------------------
[1] A slave mother to her owner’s child.
weak, untenable. They can be acted upon
only in a useful way (in cases when no one will suffer harm). Exploitability of
Nawâdir reports is only to the extent that they indicate that women who do not
attach importance to the Sharî’at will lose their honour as a Muslim and will
be lowered to the level of jâriya in the Dâr-ul-islâm and therefore it will be
permissible to look at their head and arms. This license should not be extended
to the assumption that it might be permissible in the Dâr-ul-harb to seize them
and use them like a jâriya or to have sexual intercourse with them. It is
permissible to look at someone else’s jâriya, yet it is not permissible to have
sex with her without a nikâh. By the same token, it would be an extremely
repulsive mistake to infer that one can have sex with a prostitute since she
has lost her honour as a Muslim by committing adultery and become like a
jâriya. It would be fornication, and it is disbelief to say that fornication is
permissible.
If one
of the husband and wife disappears, the other party can enter into another
marriage as soon he or she is informed that his or her spouse has become a
renegade.
If
both the husband and the wife turn renegades in the Dâr-ul-islâm, the nikâh
will not become void. If both of them become Believers again, the nikâh still
will not become void. When both of them become renegades, the nikâh will become
void if one of them goes to the Dâr-ul-harb. It will become void when the dârs
(countries in which they live) become different. Also, it would become void if
one of them became a Muslim again before the other one did. (In case a child’s
parents are of different religions), the child’s religion is the same as the
better one of the religions held by the parents living with the child. So is
the case with an illegitimate child. Only, the father does not (have to)
support the illegitimate child, nor does this child inherit (property) from the
father. A child’s religion will not be (determined) after its grandfather’s
religion. If a Muslim’s pubescent child does not have îmân, he becomes a
renegade. If this renegade’s grown-up child does not have îmân, either, he
becomes a disbeliever, not a renegade. If he has become a disbeliever with a Heavenly
Book, an (edible) animal he has killed (in a manner prescribed by the Sharî’at)
can be eaten. Magians, that is, fireworshippers, and idolators, i.e.
idol-worshippers, and all other polytheists are worse than disbelievers with a
Holy Book. Of disbelievers with a Holy Book, Christians are closer to Muslims
than Jews are. Yet Christians do not kill the (edible) animals by jugulation.
They kill them by strangulation like magians, thus making them carrions. They
will suffer more ve
hement torment in the Hereafter. Jews do
not eat animals that are not killed by jugulation (cutting the throat). The
disbelief held by Christians is worse. On the other hand, Jews’ enmity to Islam
is more bitter. It is disbelief to say that a certain disbeliever is better than
another disbeliever. One should rather say that the latter is worse than the
former. If parents of a small Christian girl whom a Muslim has married (with a
nikâh) turn renegades later, the girl’s nikâh becomes void even if they do not
go to the Dâr-ul-harb. If one of the parents dies as a Christian, the girl’s
nikâh will not become void. For, if one of the parents dies as a zimmî or a
Muslim or a renegade, and if the one who is alive is/becomes a magian, the
child’s religion will be the same as the dead parent’s; (that is), the child
will not be a magian. If one of the Muslim parents becomes a renegade and then
dies and the parent who is alive becomes a renegade and goes to the
Dâr-ul-harb, the child’s religion will be determined in accordance with the dead
one’s; it will be considered a Muslim and its nikâh will not become void. If
the child dies, the namâz of janâza will be performed after it. For a renegade
in the Dâr-ul-islâm is theoretically a Muslim, since he or she must be forced
to become a Muslim again. If one of the parents who are disbelievers with a
Heavenly Book dies and the parent left alive becomes a Muslim, the child is a
Muslim. Its religion, (in this case), will not take after the dead parent; it
will take after the better one. If both Muslim parents become renegades
together and yet do not take the child to the Dâr-ul-harb, the child remains a
Muslim. If all three of them go (to the Dâr-ul-harb), the child will become a
renegade like them. If the child becomes insane after reaching the age of
puberty and if its parents become renegades and then all three of them go to
the Dâr-ul-harb, the child will not be a
renegade. Dâr-ul-harb is a place where it is forbidden to read about, teach or
practice the commandments of Allâhu ta’âlâ.
Whether male or female, a renegade is never proper for anyone to chose
as a marriage partner. That it is not sahîh to marry a Râfizî is written in the
fatwâs called Bahja and Fayziyya as well as in the book entitled Ar-rawd-ur-râid
fî adam-i-sihhat-i-nikâh-i-ahl-is-sunnat-i-li-r-rawâfid.
If a
disbeliever with more than four wives or who is married to two wives who are
sisters or mother-and-daughter to each other becomes a Believer, his latest
nikâh becomes null and void.
If a
married girl who is accepted as a Muslim because her parents are Muslims does
not know Islam and cannot state the prin
ciples of Islam when she becomes
pubescent, she becomes a renegade and becomes divorced automatically. Because
she does not have a certain religion, she becomes a disbeliever without a
certain Heavenly Book. If a Christian girl married to a Muslim becomes
pubescent as she is still married and does not know Islam, she becomes a
disbeliever without any Heavenly Book and her nikâh becomes void. If a girl
said to be a Muslim does not know Islam when she reaches the age of puberty,
she becomes a disbeliever without a Holy Book. When such girls reach the age of
puberty they must be taught îmân and Islam and made to repeat what they learn.
In other words, someone must tell her the attributes of Allâhu ta’âlâ and the
six tenets of îmân [called Âmantu], and
then ask her if she believes them. If her answer is affirmative she is a
Muslim. If she says, “I will find out and tell you. I can’t tell you now,” then
she is a disbeliever. If she says, “I understand. But I won’t say,” then,
again, she is a Muslim.
When a child with Muslim parents reaches the age of discretion and
puberty, he or she will not become a Muslim only by saying, “Lâ ilâha illâ-Allah Muhammadun Rasûlullah.” He
or she will also have to know and state îmân and Islam. To know îmân means to
know the six tenets of belief and to say them when one is asked. To know Islam
means to accept all the commandments and prohibitions of Allâhu ta’âlâ. Here we
end our translation from Ibni Âbidîn.
[Chapter about the Murtad (renegade) in Majma’ul
anhur].
Every
Muslim has to have his children memorize the Âmantu and teach them its meaning.
A person will not be a Muslim if he does not know îmân and Islam when he
reaches the age of discretion and puberty. He will not be a Muslim by only
saying, “I am a Muslim.” When a man or a woman decides to get married, he or
she should ask the person he or she is to marry to say îmân and Islam and have
him or her say them, or the person who is to perform the nikâh should have the
prospective wife and husband say the Âmantu and its meaning and Islam. Then
should he perform their nikâh. A person who does not know îmân and Islam cannot
be married through an Islamic nikâh; that is, the nikâh performed will not be
sahîh. Parents who do not teach îmân and Islam to their children will have
deprived their children of the fortune of being Muslims and caused them to
become disbelievers. They will share the deserts with their children, suffering
torment in Hell. The prayers of namâz, fast or hajj which they have performed
will not save them from this torment. For a person who causes others
to become disbelievers will become a
disbeliever himself, especially if they are his own children. Please see the
final part of the fifteenth chapter in the second part (of the Turkish
original)! Every Muslim ought to read the (Turkish) book Herkese Lâzým Olan Îmân (Belief that is Necessary
For Everyone), a Turkish translation of Mawlânâ Khâlid-i-Baghdâdî’s book I’tiqadnâma made by Hâcý Feyzullah Efendi, one of
the professors of Söke Medrese. The book gives a concise and clear explanation
of a hadîth-i-sherîf teaching îmân and Islam.
(Please see the English book Belief and Islam).