Spouses' rights, and marriages that do not hold
What a marriage contract owes each spouse, and the situations elsewhere in this section where a marriage (nikah) is invalid or left pending.
Marriage gives each person things they are owed. A husband owes his wife the mahr, and must support her and treat her kindly. This is why Islam is strict about someone marrying who cannot actually do these things, or who would be unkind to a wife.
A husband must give his wife her mahr, provide for her, and treat her kindly. These are real duties, not favours, and a man should not marry if he knows he cannot do them.
12345If people do not follow the rules for a proper nikah (for example, if there are no witnesses, or the marriage is only "done" by an action instead of real words, or someone tries to marry a person they already cannot marry), the marriage simply does not count, however it looks to the people involved.
A marriage does not count if it is done by actions instead of words, if it has an end date, if there are no proper witnesses, if the woman is a close relative a man cannot marry, if a Muslim woman marries a non-Muslim, if the woman is already married, or if two sisters are married to one man. Some marriages wait instead: a child's marriage waits for the guardian, and one arranged by the wrong person waits for the real parties to agree.
1234567A nikah is not only a ceremony; it creates obligations. The husband owes his wife the mahr, her maintenance, and kind treatment: these are serious enough that the source ties the very ruling on whether someone should marry to whether he can actually deliver them, treating a real fear of failing to do so as makruh and a certainty of it as haram. Mahr functions as a debt on the husband from the moment of the contract, and is best settled as promptly as possible rather than left indefinitely. After the wedding night, it is sunnah for the husband to host a walimah to the best of his ability.
The husband owes his wife her mahr, her maintenance and kind treatment; these are binding obligations, and mahr is a debt on him from the moment of the contract, best settled promptly. Hosting a wedding feast (walimah) after the wedding night is sunnah.
12345Not every attempted marriage takes effect. Scattered through this section are situations where a nikah either fails outright or is left pending rather than settled one way or the other. Gathering them together:
| Situation | What happens |
|---|---|
| The offer and acceptance were carried out by action, not by speech (ta'ati) | The marriage is not valid at all |
| The nikah was contracted with a fixed end date (mut'ah or mouqqat) | Not valid; mut'ah is categorically forbidden |
| No two qualifying witnesses were present, or they did not hear the offer and acceptance together | Not valid |
| The woman is within a prohibited degree (mahram), by lineage, fosterage or affinity | Not valid |
| A Muslim woman marries a non-Muslim man, or anyone marries an idol-worshipper who has not embraced Islam | Not valid |
| A man marries a woman already married to someone else, or observing her waiting period | Not valid |
| Two sisters, or a woman and her aunt, are married to the same man at the same time | Both marriages are invalid |
| The same combination happens one after another rather than together | The first marriage stays valid; the second is invalid |
| A man takes a fifth wife while four marriages already stand (or a third, for a slave with two) | The extra marriage is invalid |
| An insane person or a minor contracts their own marriage without a guardian | Not automatically valid or void: it waits on the guardian's approval |
| Someone with no authority at all (a faduli) conducts a marriage for two other people | It waits on those two people's own approval once informed |
| A guardian other than a father or grandfather marries off a mature woman without her knowledge | It waits on her own consent once she learns of it |
The source does not use a single technical vocabulary for these outcomes in the passages this section draws on; they are grouped here by their practical effect rather than asserted to form one formal classification.
A nikah is invalid, and may not be contracted, where the offer and acceptance are made by action rather than speech, where it is bound to a fixed term (mut'ah), where two qualifying witnesses are absent, where the woman is a prohibited relative, where a Muslim woman marries a non-Muslim or either party a polytheist, where the woman is already married or in her waiting period, where two sisters or a woman and her aunt are combined, or where a fifth wife is taken. A marriage contracted by someone without authority is suspended until the party concerned consents.
1234567Nikah is not merely a ceremony but the source of huquq (rights) each spouse can claim from the other. The husband owes his wife mahr, nafaqah, and kind treatment (husn al-mu'asharah): obligations serious enough that the very level of encouragement toward marrying turns on the man's confidence in discharging them, a genuine fear of failing being makruh tahrimi and a certainty of it being haram. Mahr operates as a dayn on the husband from the moment of the ʿaqd, better discharged promptly than left to custom's usual deferral to death or divorce. Following consummation (zafaf), hosting a walimah to one's means is sunnah.
The husband owes his wife her dower (mahr), maintenance (nafaqah) and kind treatment (husn al-mu'asharah) as binding rights (huquq); mahr is a debt (dayn) on him from the moment of the contract (aqd), better discharged promptly than deferred. Hosting a walimah after consummation is sunnah.
12345Across the passages this section is built from, several situations recur where a nikah does not simply take legal effect one way or the other: either failing outright, or remaining mawquf (suspended) pending a further act of will. The source does not, within the passages covered here, set these out as a single formal taxonomy of sahih/fasid/batil/mawquf; the table below gathers them by their stated practical effect rather than asserting a classification the source itself does not draw in this span.
| Situation | Effect |
|---|---|
| Ijab wa qubul carried out by taʿāṭī (action) rather than speech | Invalid outright |
| The contract is muʾaqqat, bound to a fixed term (mutʿah or mouqqat) | Invalid outright; mutʿah is categorically ḥarām |
| No two qualifying shuhūd were present, or they did not hear ijab and qubul jointly | Invalid outright |
| The woman falls within a maḥram degree by qarābah, raḍāʿah, or muṣāharah | Invalid outright |
| A Muslim woman marries a non-Muslim man, or either party marries a polytheist not yet Muslim | Invalid outright |
| A man marries a woman already manqūḥah or in ʿiddah | Invalid outright |
| Two sisters, or a woman and her paternal/maternal aunt, are married to one man simultaneously | Both marriages invalid |
| The same combination arises sequentially rather than simultaneously | The first marriage stands; the second is invalid |
| A fifth wife is taken while four marriages already stand (a third, for a slave with two) | The excess marriage is invalid |
| A majnūn or minor contracts their own nikah absent a walī | Mawqūf, pending the walī's ijāzah |
| A fuḍūlī, holding no authority at all, contracts a nikah between two other parties | Mawqūf, pending their own ijāzah once informed |
| A walī other than the father or grandfather marries off a bāligh woman without her knowledge | Mawqūf, pending her own consent on learning of it |
A nikah is invalid outright, and its contracting haram, where the offer and acceptance are made by action (ta'ati) rather than speech, where it is time-bound (mut'ah), where two qualifying witnesses (shuhud) are absent or do not hear it jointly, where the woman falls within a prohibited degree (mahram), where a Muslim woman marries a non-Muslim or either party a polytheist, where the woman is already married (manquhah) or in iddah, where prohibited women are combined, or where the numerical limit is exceeded. A nikah contracted by one without authority is suspended (mawquf) on the consent of the party concerned.
1234567This is the English translation of Nisab Ahle Khidmaat Sharia, exactly as the book has it, for the passages this page was written from. About 2,661 words. Switch back to Guide for the rewritten version.
Rulings of Nikah
In these three cases, it is a condition that one must have the capability to fulfil the wife’s rights (such as dowry, maintenance, and other obligations like kind treatment).
Makruh Tahrimi: If there is a fear of oppressing the wife and failing to fulfil her rights.
Haram: If there is certainty of oppressing the wife.
- Both the offer and acceptance must be expressed verbally: If the offer and acceptance are done via an action, [it is called Ta’ati (i.e. contractual actions), and marriage will not be valid through it]:
- For example: A man says to a woman, “I have married you, and this is your mahr,” but the woman says nothing verbally and just accepts the mahr.
- A woman says to a man, “I marry you in exchange for this mahr,” and the man says nothing verbally but simply provides the mahr. In both of these cases, the offer is verbally made, but since the acceptance was done by action, the marriage will not be valid.
The following are essential rulings related to Ijab wa Qubul (Offer and Acceptance):
In the last two cases, it is also required that the woman be desirable and alive.] The prohibition of Affinity is established through a valid Nikah. [It is not established through an invalid Nikah (e.g., if someone marries a woman without witnesses, such a Nikah is invalid.)]
- When touching or hugging, no fabric should be in between the two individuals that prevents the sensation of body heat from being felt.
- The act of looking specifically refers to looking at the private parts, not to seeing their reflection in a mirror or water.
- Through committing acts equivalent to fornication, a marital affinity (sawari) will also be established. This means that just as fornication or a valid marriage prohibits relations between a man and a woman’s ascendants and descendants, acts equivalent to fornication will also prohibit relationships between the man and the woman’s ascendants and descendants, and vice versa.
- Whether the acts equivalent to fornication are committed intentionally, accidentally, under a misconception, by force, in a state of madness, or under the influence of intoxication, the ruling remains the same. For example:
- If a man tries to wake up his wife for intercourse, and his hand touches his wife's daughter [provided that the girl is capable of desire], then this would establish a marital prohibition (haram) between the man and his wife [she would now be considered his mother-in-law. However, the marriage would not be dissolved. The wife could not marry anyone else unless she is divorced, and she would still be entitled to maintenance. The man would be prohibited from engaging with her physically and would sin if he did. The man will not be punished for fornication under these circumstances. It is advised to divorce the wife as the marital prohibition cannot be lifted except through divorce.]
- If a man, in darkness, mistakes a stranger for his wife and embraces her, the ascendants and descendants of that woman will be prohibited for him [he will not be able to marry them].
- If a man, under the influence of alcohol, kisses his wife’s mother, his wife will now be prohibited for him.
It is prohibited to marry two sisters in a valid marriage contract.
[If the marriage is invalid, this prohibition does not apply. For instance, if a man enters into an invalid marriage with a woman and then contracts a valid marriage with her sister, this is permissible because cohabitation in an invalid marriage is not lawful.]
It is also prohibited to combine two women who share a relationship such that, if one is hypothetically considered a man, marriage between them would be forbidden. Examples include:
A paternal aunt (Phuppi) and a niece (Bhatiji): if the aunt were a man, it would be unlawful for her to marry her niece, or if the niece were considered a man, she could not marry her aunt. Similar law applies for maternal aunt (Khala) and a niece (Bhanji). [This prohibition applies regardless of whether the women are related by blood (Nasab) or breastfeeding (Rada'ah), and whether the relationship is full, paternal, or maternal (Haqiqi, Allati, or Akhyafi)].
The combination is prohibited in two scenarios:
- If marriage with both women is contracted at the same time.
- If one is already in marriage and the man marries the other.
Additionally, contracting marriage during a waiting period (Iddah) is also considered combining and is prohibited.
For example, if a man divorces one woman and then marries another before the waiting period of the divorced wife ends, this is considered combining and is prohibited.
However, there is a difference:
If the man contracts marriage with both women at the same time, both marriages will be invalid.
If he marries one first and then the second, the first marriage remains valid, while the second one becomes invalid.
If the man has consummated the second invalid marriage, then until the waiting period (Iddah) of the second woman ends, it will not be lawful for him to have relations with the first wife, even though her marriage remains valid.
If a man marries more than four women at once, the marriages with all of them will be invalid.
If he has already married some women and later marries others, resulting in a total exceeding four, the marriages with the additional women will be invalid.
The Seventh Cause (Polytheism):
It is not permissible to marry polytheist women (idol-worshippers and fire-worshippers, etc.) [If they convert to Islam, marriage with them becomes permissible]. Similarly, it is prohibited to marry an apostate woman.
(Note): An apostate is someone who was initially a Muslim but then left the religion of Islam. (May Allah protect us).
Important Point: A Muslim woman cannot marry a man of any other religion except Islam. However, a Muslim man can marry a woman from the People of the Book, provided she does not engage in idol-worship [though it is better not to marry them, if possible].(Note) The People of the Book are those who believe in a revealed scripture [such as the Psalms, Torah, Gospel, etc.] and follow the Shariah of a prophet sent to them [even if their beliefs have deviated into polytheism and their scriptures and Shariah have been abrogated, such as the Jews and Christians].
The Ninth Cause (Marrying a Woman During Another Marriage or 'Iddah'):
It is prohibited to marry a woman who is already married or is in a period of 'iddah [whether due to divorce or the death of her husband].
(Note): A woman who is pregnant as part of an 'iddah due to marriage is also prohibited from marrying until she delivers the child.
Important Point: It is permissible to marry a woman who is pregnant from adultery, but relations are not permitted before her delivery. However, if the adulterer marries her, relations with her would be allowed.
Order of Guardianship in Marriage
- A guardian has no authority to compel the marriage of a mature boy or girl, whether the girl is a virgin or not, and regardless of whether the guardian is the father, grandfather, or any other relative. However, it is preferable for the boy or girl to entrust the matter of marriage to their guardian. [In reality, this is considered as a type of representation rather than guardianship].
- If a guardian marries a mature girl without informing her or obtaining her consent, the marriage will remain conditional upon the girl’s approval. If the girl accepts and agrees, the marriage will be valid; otherwise, it will be void. [The same ruling applies to a mature boy’s marriage when the guardian has arranged it without his prior consent].
- A person who is insane or mentally incapacitated, though they may be mature, may be married off by their guardian against their will. Similarly, the guardian of a mature slave or servant has the authority to marry them off without their consent.
- Although a guardian cannot compel the marriage of a mature boy or girl, if a mature girl is married by the guardian to a man who is not of equal status without her consent, such a marriage can be annulled by the close relatives [such as the son or any other male family member like the father, grandfather, uncle, etc.] (even though they are non-mahram) through the intervention of the judge (Islamic ruler or court) as long as the woman has not become pregnant.
- If a mature girl marries someone on her own without informing her guardian, and does so for a lesser dowry than her worth, the guardian retains the right to object and compel the completion of the dowry, or, if that is not possible, have the marriage annulled by the judge.
- If a woman has multiple guardians who are equal in status, the consent of any one guardian will suffice, and it is considered the same as the consent of all. However, if one guardian is closer and another is more distant, the consent of the distant guardian will not override the objection of the closer one.
- If a distant guardian marries off a woman in the absence of the closer guardian, the marriage will remain conditional upon the consent of the closer guardian. If the closer guardian shows approval, the marriage will be valid, otherwise, it will be invalid.
- If the closer guardian is unavailable due to a long journey, with the distance exceeding a specified period [some scholars have defined this as three days’ travel], the distant guardian may marry her off. If the closer guardian returns afterward, the marriage cannot be annulled.
- If a guardian refuses to grant consent to a marriage, the distant guardian has the right to proceed with the marriage.
- Silence from the guardian does not automatically imply consent. [Simply remaining silent after hearing about the marriage does not prove consent; however, accepting dowry, arranging the wedding gifts, or receiving a gift from the husband implies consent]. Nevertheless, if silence persists until the woman has a child, then this silence will be considered as approval, and the right to object will no longer be valid.
- If one guardian marries the woman to someone like Zayd and another guardian marries her to someone like Khalid, and both guardians are of equal status, the marriage with the first guardian’s choice will be considered valid, and the other one void. If it is unclear which marriage took place first, both marriages will be considered invalid. If the guardians are not of equal status, the marriage arranged by the closer guardian will be valid, and the marriage arranged by the distant guardian will be void.
- The son of an uncle has the right to marry his uncle’s daughter, but this marriage does not deprive the girl of the right to annul it upon reaching maturity.
- No guardian can prevent a woman from marrying a man of equal status with a reasonable dowry for his own personal gain. If they try to stop it, the court (Islamic judge) is authorized to facilitate the marriage.
- The court does not have the authority to marry off a minor who already has a guardian, or marry her off to a relative whose testimony in her favour is not accepted.
Order of Guardianship in Marriage Rulings Regarding the Insane and Minors
- An insane or minor boy or girl does not have the authority to conduct their own marriage.
- If an insane or minor boy or girl conducts their marriage without the permission or presence of their guardian, or if another person conducts the marriage on their behalf, then the marriage will remain conditional upon the guardian's approval, whether they choose to maintain or annul it.
- If there is no guardian or ruling authority, and a minor girl conducts her own marriage, the marriage will not be void but will remain conditional, and upon reaching maturity, it will be valid with her consent.
- A "Faduli" (unauthorized person) is someone who is neither a party to the marriage, nor a guardian, nor an agent, nor a messenger, but who, on their own, conducts a marriage between two people.
- If an unauthorized person conducts a marriage on behalf of another and then informs the concerned person of the marriage, if the person agrees, the marriage will be valid. If they do not agree, it will be invalid.
- After an agent has conducted a marriage, the agent can cancel the marriage with prior permission from the principal, but an unauthorized person (Faduli) has no such authority.
Wealth: This means that the man must have enough wealth to support the dowry (mahr) and provide for the woman’s maintenance (nafaqah). If he has enough money to provide for the full dowry, he is capable of handling the entire responsibility. If only part of the dowry has been transferred, the man should still be capable of paying it in full. Likewise, he should be able to provide for the woman for at least a month, even if he is not wealthy and has a profession that supports only his daily expenses. Thus, any man who can cover the dowry and maintenance, no matter how wealthy or not, may be considered compatible with any woman.
- A marriage is not valid without witnesses.
- The following conditions must be observed in the witnessing of the marriage:
- There must be two witnesses; if there is only one, it is not valid.
- Both witnesses must be male or one male and two females. The testimony of only women is not sufficient, even if there are four women.
- Both witnesses must be free individuals. The testimony of slaves or servants is not valid.
- Both witnesses must be of sound mind. The testimony of a madman, intoxicated person, or unconscious person is not valid.
- Both witnesses must be adults. The testimony of underage children, even if they are of sound mind, is not valid.
- Both witnesses must be Muslims (whether pious or sinful [even those who have been lashed for the accusation of adultery, meaning those who have been punished for false accusations]). The testimony of non-Muslims is not valid; however, if a woman from the People of the Book (such as Jews or Christians) marries a Muslim man, the non-Muslim witnesses from her community may be valid for the marriage.
- Both witnesses must be available to be presented in court. If someone makes angels (who record deeds) or the Prophet and Allah as witnesses, this is not valid. [It is a serious sin to do so.]
- Both witnesses must hear the proposal and acceptance together. If one hears the proposal first and the other hears the acceptance later, the marriage will not be valid. Similarly, if the witnesses hear only the proposal or only the acceptance, the marriage will not be valid.
Explanation of the Sixth Condition (Not Binding the Marriage with a Fixed Term):
- If the marriage is bound by a fixed term, whether shorter or longer, and the dowry is also specified, and the word "Mut'ah" is used, but there are no witnesses, it is called Mut'ah. If the dowry is not specified but the word "Tazweej" (marriage) is used and witnesses are present, it is called Mouqqat.
- Both Mut'ah and Mouqqat marriages are invalid, for example:
- If a person says to a woman, "I have married you for one month, ten years, or until so-and-so person is alive for a dowry of one hundred rupees." or
- If a person says to a woman in the presence of witnesses, "I have married you for one month, ten years, or until so-and-so person is alive," then both of these situations are invalid.
- Mut'ah marriage is categorically forbidden.
Note: The explanation of the conditions of marriage is complete. Before this, the components of marriage have been explained. After the components and conditions of marriage, now (including the rulings of marriage), the mention of dowry follows, which is an essential element of marriage.
Method of Offer and Acceptance
After the Zafaf [The night in which the union of the spouses occures], it is sunnah for the groom, to the best of his ability, to host a Walimah (wedding feast).
Related
- The pillar and conditions of a valid marriage (nikah) Marriage (nikah) has one pillar, offer and acceptance, and six conditions that must all be met for it to be valid.
- Who you cannot marry: the other causes Beyond family and fosterage, marriage is also barred by combining certain women, by ownership, by religion, and by an existing marriage or waiting period.
- Marriage of the insane and of minors Why an insane person or a child cannot contract their own marriage, and the right a minor gets back once grown.
- Guardianship in marriage Who counts as a guardian (wali), in what order they stand, and what a guardian can and cannot decide for someone else.