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Law Notes Islamic Law Notes

Marriage In Islam Notes

Updated Marriage In Islam Notes

Islamic Law Notes

Islamic Law

Approximately 351 pages

Islamic Law notes fully updated for recent exams. These notes are vigorous, concise and very well written. Everything is conveniently split up by topic as you can see by the list of files below. See if you like them by referring to the samples below....

The following is a more accessible plain text extract of the PDF sample above, taken from our Islamic Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Marriage in Islam

  • Marriage given a pivotal role in Islam, seen as essential, a social necessity

  • Shown in the importance put on Family, with the institution of marriage being the start of that

  • Contract between two people

  • Mahr – Dowry/ the dower

  • Promise entered into between two individuals – so there’s something sacred about it, idea of it being a sacred agreement

  • Obligation – saying by the prophet which is that; to marry is a kin of completing half of ones deen

  • Is it an obligation?

  • Polygamy – two types; polyandry, polygyny

  • Legalizing the intimate relationship that exists between two individuals

  • Companionship and legalization

  • The concept of family and the fact that its supposed to be a means of bringing about a family legally

  • Protects morality – considered to be a moral safeguard – lineage when it comes to children born of a marriage (one of the rationales behind the law of Islam)

  • Opposite here is divorce and practice of divorce is allowed

  • Serves a religious purpose – its often said Islam is not a religion but rather a way of life and therefore everything that one does is considered to be a act of worship, according to Islamic doctrine, even when a person is sleeping at night and if they’ve done it in accordance with the ethical requirement then each moment of that sleep is an act of worship for example when in wudhu

  • Contract formalities

  • Consent and within Islamic law you have reference to a term which is referred to as the wali, the guardian and the role that the guardian plays

  • Is the marriage being entered into on the basis of equality to the contract?

  • Important and pivotal role in islam

  • Solemn and sacred contract between bride and groom

  • What is meant as a contractual scenario? – Offer and acceptance and also there’s terms that can be inserted into the contract. Certain formalities have to be fulfilled

  • Marriage is seen as a moral safeguard and also its considered to be a social necessity, it is said that there is no celibacy in Islam, there are certain instincts within human beings and the belief is that the institution of marriage is a legitimate outlet.

  • Why is it a social necessity? Through marriage, families are established and arguably the thinking is that the family is the fundamental unit of society

  • The obligation of marriage – considered there is no celibacy

  • The term Nikah is an Arabic term used for marriage and it means contract, and it’s also refereed to as a marriage, as a strong covenant. Covenant had sacredness attached to it so it’s a sacred agreement and something you do as a religious motive in mind.

  • Considered to be a meaningful institution

  • Can argue there are two main purposes; firstly, it ensures the preservation of the human species and the continuation of the human race, surah 4 verse 1 where it says ‘o mankind, be careful of your duty of your lord who created you from a single sole and from it created its maids and from them a multitude of men and women’

  • The second purpose one can argue is that it provides a spiritual and illegal foundation for the family and through this institution therefore, the relationship between the parties becomes lawful, it provides a legitimate outlet for recreation and the act of intimacy which takes place is considered to be good and natural

  • So marriage is spiritual, physical, emotional and also psychological companionship, it generates and sustains love and kindness, compassion and mutual confidence

  • Marriage lays a spiritual and legal foundation for raising the family and its considered that the children born from this matrimonial are legitimate

  • Marriage in Islam is recommended as a religious requirement but its not fardh – when one gets married, its kin to fulfilling half of ones deen – this emphasizes the importance of the institution of marriage in islam

  • Other hadiths ‘ marriage is my sunnah, whoever disregards my sunnah is not from amongst us’

  • So celibacy is discouraged and Islam encourages marriage

  • ‘Whoever is able to marry, should marry’

  • marriage is a social institution and a agreement that’s entered into between spouses where they make a agreement to live their life in conjunction with one another

  • can refer to marriage as a legal and religious ceremony that formalizes the decision

  • Marriage can be referred to as relationship, marriage can be referred to any close or intimate association

  • In Islamic law, marriage is a legal bond and a social contract between a man and a woman

  • You have a distinction in Islamic law between what is referred to as nikah and also nikah-mutah which is a form of temporary marriage, which is practiced now by the ithn ashari schools, its been forbidden amongst mainstream sunni isllam, the zaidi shia and ismaili shias do not describe to it, ithn ashuri shia’s accept it

  • Muslim marriage ceremony referred to as a nikah and it’s a contract by virtue of offer (ijab) and acceptance (Kabul)

  • To use the words of pearl and menski, page 139, they refer to a Muslim marriage is in essence a solemn, civil contract between a man and a women

  • To quote surat ul rum, surah 30 verse 21 ‘Among his signs is that he created spouses for you of your own kind so that you may find tranquility in them and he has placed affection and compassion between you and these are certainly signs in that for the people who reflect’… stressing the importance of the institution of marriage

THE PURPOSE OF MARRIAGE:

  • For companionship

Allah created men and women for them to provide company for one another, love for another, procreate and live in peace and tranquillity obeying the commands of Allah

‘Surat ar-Rum 30:21

: “Among his signs is that He created spouses for you of your own kind so that you might find tranquillity in them - and He has places affection and compassion between you”

  • Faced with many tests and struggles in life, through companionship and togetherness you go through it easier

  • It is an blessing and ease from Allah in facing this world

Surat al-Baqarah 2:187

“They are clothing for you and you for them”

  • Describes the affection...

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