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Articles home / Sufism / The Contract of Marriage
By : Admin
The Contract of Marriage
2009-01-20 14:29:14

There has been much misunderstanding about marriage in the Islam religion. The information in this article is designed to help dispel some of these misunderstandings.


It is interesting to learn that prior to Islam, in the nation of Arabia, marriage was a very different relationship than it is today. In fact, that is where the idea that women were chattel and had no rights actually stems from. Prior to Islam that was truthful information. Women were not given any rights of inheritance and were completely dependent upon their father or husband.


That practice went away when the Prophet Mohammad arrived. Muslim marriage became a civil contract between the man and the woman, and the woman no longer lost her rights or individuality.


The Prophet of Islam is reported to have said ''marriage is my Sunna and those who do not follow this way of life are not my followers." He also said that ''there is no place of mockery in Islam.''


An Islamic marriage is defined as a legal process by which the sexual intercourse and procreation of children are legitimized between man or woman making it lawful and valid.


A Muslim marriage is not taken lightly and there is much to be said about the customs that exist both prior to and during the marriage. These customs are known and studied my Muslims.


It is interesting to see that in a Muslim marriage, there are four purposes, which are, to restrain sexual passion, the ordering of domestic life, the care and responsibility towards children, and the expansion of the family.

1. The Muslim marriage is a social contract between a woman and man, prior to entering into the marriage the following conditions have to be met.
There is a proposal and acceptance. The marriage proposal is tied to agreements on a dowry and a mahr, which is a marriage gift by each side respectively.
2. Only Muslims who are of sound mind and have attained the age of puberty may enter into marriage.
3. There can be no restriction on any valid Islamic grounds that would preventing the couple to marry.
4. There shall be free consent of both parties to the marriage.
5. There shall be two male witnesses (or one male and two female witnesses). These witnesses shall be sane, adult and Muslim.

Divorce is strongly condemned within Islam (contrary to the belief that a man could divorce his wife simply by repeating three times "Talaq", which means "divorce". If there are difficulties in the marriage which the husband and wife cannot resolve themselves, than it is customary to appoint an arbitrator or conciliator to help bring about a resolution.

There was a time when the "Talaq" custom was more commonly in use by the husband, however the only country that still recognizes it is India. However, even in India, measures are being taken to help bring about a more equal and just resolution for the divorce. Offices staffed by female police are being established in Punjab state, India to help give married women and opportunity to express their grievances. These facilities promote arbitration to help reconcile the couple. When all efforts fail, the matter is referred for investigation and later to the court for a trial.

In general, Muslims work to avoid the Talaq or Divorce practice because they see that it will create proper respect, honor and adoption of the Holy Qur'an and Sunna (Observing the path) of Prophet Mohammad.

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