Can You Sleep Together After Nikah? The 185 Detailed Answer

Aurah, concept in Islam

“Awrah” redirects here. For the related term, see Aurat

According to Islam, the intimate area (Arabic: عورة ‘awrah, Arabic: ستر, satr) of the human body must be covered by clothing.[1][2] Exposing the intimate parts of the body is illegal in Islam since the Qur’an directs the covering of male and female genitals and, for adult women, the breasts. Baring them is usually considered a sin. The exposure of intimate parts when necessary, such. B. when going to the toilet or taking a bath, falls under a certain set of rules. Exactly which parts of the body need to be covered differs depending on the Islamic school of thought.

Etymology[ edit ]

In Arabic, the term ‘awrah or ‘awrat (عورة) derives from the root ‘-w-r, which usually means “nudity”.[3]

In Persian and Kurdish, as well as Urdu, the word ‘awrat (Persian: عورت‎), derived from Arabic ‘awrah, has been widely used to mean “woman”. In Mohammad Moin’s Persian dictionary, ‘Awrah leads to two meanings:

Nudity young woman[4]

Other derivations range from blind in one eye to false or artificial, among others. means weak) was associated with femininity and women living under the protection of a man. In contemporary Iran, the use of the two words (‘awrah and za’ifah) for women is uncommon and considered sexist language. Instead, the words zan and xânom are used. In Tajikistan and Uzbekistan, the word za’if is still used in the Tajik dialect of Persian and its subdialects.

Avrat is an often derogatory term for “woman” or “wife” in Turkish.

In the Qur’an[edit]

Aura must be covered. Muslims performing the ritual prayer. They must be covered during the salad.

The term ‘aura as used in the Qur’an is not limited to women or to the body. The Qur’anic text reveals the use of the term in various passages of Surah An-Nur and Surah Al-Ahzab.

The following verse is about privacy as stated in the Qur’anic text:

… and those of you who have not yet reached puberty ask your permission three times (before coming to you); before morning prayers and when undressing for midday (rest) and after night prayers. (These) three times are for your privacy, other than these times there is no sin for you or for them to move and serve (help) one another.[6]

Another passage in the Qur’an that uses the term ‘Awrah is in Surah Al-Ahzab, where it is about fleeing from battle.

It states: “A group of them seek permission from the Prophet and say: ‘Our houses are ‘Aura’, although their houses are not Aura. Their intention is to flee from the battle.”[7][8] In this case, the term ‘awrah means “vulnerable”.[9][7]

There is another context that tells the story of the creation of Adam and Eve in the garden. In both of these cases, the term Saw’ah is used as the equivalent of ‘Awrah.

The text says:

O children of Adam! We lent you clothes to cover your nakedness…[10]

Another word that has almost the same meaning as ‘Awrah is the word farj (Arabic: فرج), the plural is furuj (Arabic: فروج).[11] Another quote regarding the covering of the ‘aura is:

“O Prophet! Tell your wives and your daughters and the believing women to put their cloaks (veils) over their bodies. That will be better that they should be known (as a decent woman) so as not to get angry. And Allah is Forgiving, Merciful.” -Al-Ahzab:59 (Quran)

The Koran admonishes Muslim women to dress modestly and to cover their private parts.[12] The Qur’an specifically says that “O wives of the Prophet, you are not like any other woman” (Qur’an 33:32) and therefore has separate rules specifically for the wives of the Prophet. The Qur’an requires male believers (Muslims) to converse with the wives of Prophet Muhammad from behind a hijab (curtain or veil). [Quran 33:53] This passage was as follows:

And tell the believing women to lower their gaze and keep their modesty; that they should not show their beauty and their adornments except what (usually) must appear of it; that they should draw their khimār over their breasts and show their beauty only to their husband, their fathers, their husband’s fathers, their sons, their husbands’ sons, their brothers, or their brothers’ sons, or their sisters’ sons, or their wives, or the Slaves possessing their right hands, or male servants devoid of bodily needs, or small children insensitive to the shame of sex; and that they should not kick their feet to draw attention to their hidden adornments. (Quran 24:31)

The khimār is a waist-length veil with a cut-out for the face. It therefore conceals the entire shape of the upper body.

In the following verse, the Prophet’s wives and believing women are asked to put on their jilbab (outer clothing) over themselves (when going out) as a measure to distinguish themselves from others (as Muslim women) so that they are not molested. Sura 33:59 reads:

Those who undeservedly harass believing men and believing women indict (themselves) a slander and a grave sin. O Prophet! Command your wives, your daughters and the wives of true believers to throw their outer garments [jilbāb] over their person (when they are abroad): This is most convenient so that they may be distinguished and not be bothered. […] (Quran 33:58-59)

In the Hadith[ edit ]

Shaykh Tabarsi in Majma’ Al-Bayan commented on this Hadith:

Awrah refers to anything that can be easily damaged, just like a bare or exposed place. It is thus clear that a woman’s body is said to be vulnerable because it is like a house that has no walls and is easily damaged and needs to be covered with appropriate clothing.[13]

Some people, especially in modern times, argue that this does not apply to all Muslim women due to the ayah of Qur’an 33:32. However, the hadiths clearly testify that these were considered universal directions at the time and that most of the face was considered part of the body to be covered:

“After Muhammad commanded the women (Quran 24:31) to cover themselves, the women responded by tearing sheets [or outer garments] to cover their faces.” Sahih Bukhari (60:282)[14]

(This hadith deals with an interpretation of the Quran and not with the Quran itself)

What did the jilbāb usually cover? This is also answered in a hadith:

It was narrated from ‘Aa’ishah that Safwaan ibn al-Mu’attal al-Sulami al Dhakwaani fell behind the army. She said: “He came to where I had stopped and saw the black shape of a sleeping person. He recognized me when he saw me because he had seen me before hijab was prescribed. I woke up hearing him say: ‘Inna Lillaahi wa inna ilayhi raaji’un (Verily Allah we belong and to Him is our return)’ and I covered my face with my jilbāb.” (Narrated by al-Bukhāri, kitāb al maghazi – bābu Hadīth ul ifk, 4141;[14] Muslim, 2770[15])

The details are important and show that Aisha was only recognizable because Safwaan knew her before the sura of the veil. If only Muhammad’s wives had covered their faces, he would still have known her, for she would have been the only woman on that journey whose face he would not have recognized immediately, as she was the only one of his wives on that journey. Therefore, when a woman went out of her house, she was commanded to cover her whole body, including most of her face. Note that although the man would not normally have seen a woman’s face, it was not an act of indecency for Aisha’s face to be seen. She was not later blamed for this.

Within the home, a head veil alone seemed to be sufficient for a woman to be considered dressed. The most quoted passage was this:

“Asma, the daughter of Abu Bakr, entered the Apostle of Allah (peace be upon him) in thin clothes. The Apostle of Allah (peace be upon him) turned his attention away from her. He said: O Asma’, when a woman reached the age of menses, it does not become her to show her body parts except this and that, and he pointed to her face and hands Abu Dawud[16]

Asma was not a mahram for Muhammad, and the fact that he did not order her face to be covered indicates that face veiling was not obligatory, at least indoors, and thus exposing the face was not obscene in other contexts either. There are other ahadith that state that Muhammad said that the ‘aura of women included everything except the face and hands and possibly the feet as long as they still wore shoes.

Not only was it traditionally required that all that is ‘Aurah be covered, but it was also required that the ‘Aurah be so covered that the form beneath could not be discerned. These requirements are now usually enforced more often in relation to women’s ‘awrah than men’s.

Differences between men and women[edit]

men [edit]

Pilgrims go to the “Mountain of Mercy”.

In Sunni interpretations, a man’s ‘aura refers to the part of the body from the navel to the knees. The Maliki, Shafi’i, Hanafi and Hanbali schools of thought observe that the abdominal region is included. In particular, these observations generally require that the cloth not be too thin, that it not be so pale that the color of the skin is visible, that a man provide additional covering when the shape of his genitals is discernible, and that the modesty of adulthood applies as soon as a boy turns ten years old.[17]

women [edit]

‘Aura parts. A Turkish woman with a headscarf. Most Muslims are of the opinion that the face and hands are excluded from parts.

‘Aura. A Yemeni woman covering her face with niqab. Some women who wear the niqab believe that a woman’s face is also a part of her

The aura of women is a more complicated subject and changes depending on the situation.

In ritual prayer: A woman should cover her whole body except her entire face and her hands up to the wrist. (The Hanafis differ only on this issue, as they believe that feet, including ankles, can also be excluded). The part between the neck and the chin can also be excluded. (Different scholars have different opinions on this.) A woman should cover her hair and body while performing the ritual prayer, whether she is praying in the presence of her husband or she is praying alone in her chamber, as this is the basis for covering in the Prayer is different than the basis for covering from people.

: A woman should cover her entire body except for her entire face and hands up to the wrist. (The Hanafis differ only on this issue, as they believe that feet, including ankles, can also be excluded). The part between the neck and the chin can also be excluded. (Different scholars have different opinions on this.) A woman should cover her hair and body while performing the ritual prayer, whether she is praying in the presence of her husband or she is praying alone in her chamber, as this is the basis for covering in the Prayer is different than the basis for covering from people. In front of her husband: There is no restriction in Islam on which parts of the body a woman may show her husband in private. The man and woman can see every part of each other’s bodies, especially during intercourse.

: There is no restriction in Islam as to which body parts a woman may show her husband privately. The man and woman can see every part of each other’s bodies, especially during intercourse. In Privacy: It is recommended that a person covers their genitals even when alone in privacy. There are exceptions if necessary, for example when bathing or going to the toilet.

: It is recommended that a person covers their genitals even when alone in private. There are exceptions if necessary, for example when bathing or going to the toilet. Among other women: A woman’s ‘aura among other women is the same as a man’s ‘aura (from her navel to her knees). ‘Awrah in front of non-Muslim women is a point of contention. Some scholars say that women should cover everything but their hands and face, while the most preferred view is that a Muslim woman can reveal just as much to a non-Muslim woman as she would to other Muslim women. [18]

: A woman’s body among other women is that of men (from belly button to knees). in front of non-Muslim women is a point of contention. Some scholars say that women should cover everything but their hands and face, while the most preferred view is that a Muslim woman can reveal just as much to a non-Muslim woman as she would to other Muslim women. Before a mahram (close male relative): there are three Sunni opinions:

It is from the shoulders and neck down (or navel) to below the knees (inclusive) (Maliki and Hanbali opinion) (Alternative Hanafi opinion)

In front of male children: When the child understands what the aura is, a woman is not allowed to reveal her aura in front of him.

If the child understands what that is, then it is not permissible for a woman to bare it in front of him. In front of non-mahram men: There is disagreement as to what parts of the body a woman should cover in front of men who are not her mahram. In today’s world there is a common argument that a free woman’s body (except for her face and hands up to her wrists/forearms) is ‘Aurah and therefore not only during prayer but also in public and closed Rooms must be covered from all non-mahram men. The Hanafis also see the feet (including the ankles) as excluded from ‘Aurah.[19][20][21]

However, these above views are only the dominant view and do not represent all of Islam as there are alternative views such as: B. the view that covering all parts of a woman’s body except for the face and hands applies only during Salah and Ihram and the view that a woman must cover every part of her body at all times except in front of her husband.[22]

Whether a woman was required to cover her face is more controversial. Most contemporary scholars agree that covering the face of women was not mandated by either the Qur’an or the traditions of Muhammad. However, many classical jurists felt that such a covering was nonetheless strongly recommended or even required in times of fitnah. Al-Razi, for example, held that by covering her face, a married woman made it clear that she was unavailable. In particular, a man is permitted and even encouraged to face a woman he wishes to marry, even in countries where he would not normally be permitted to do so.

In today’s world, some Muslims insist that a woman’s aura in front of unrelated men is her whole body, including her face and hands, which must be covered in front of non-mahram men at all times.[23][24][25 ] The practice of covering the face is common in several Muslim countries such as Saudi Arabia, Bahrain, Yemen, Oman and Afghanistan. It is not common in other Muslim-majority countries such as Malaysia, Indonesia, modern-day Iran, modern-day Turkey, and most of South Asia. These differences reflect different interpretations and understandings of Sharia regarding the wearing of a niqab.

There is disagreement among scholars as to how much should be revealed for a woman before other women and a man before another man. In a hadith narrated by Abu Sa’id al-Khudri, the Prophet said: “A man should not look at another man’s privates, and a woman should not look at another woman’s privates. A man should not lie with another man without wearing underclothes under a blanket; and a woman should not lie with another woman without wearing a slip under a blanket.” (Abu Dawud – authenticated by Sheikh Naseeruddeen-al-Albani.)[26]

Relationship to hijab[edit]

Afghan women wear burqas, the most veiling of all Islamic garments, with netting protecting the eyes

Some Muslim women, especially those living in some parts of the Middle East and South Asia, wear the hijab headscarf. [citation needed] The style most commonly worn in the West is a rectangular cloth that covers the head and neck but leaves the face visible. [citation needed] Other styles also completely cover the hair, neck and shoulders but the face and hands are not covered as they are not considered an aura for the Muslims who wear them.

Female voice[edit]

According to most scholars, the woman’s voice is not in principle (see quote) aura because according to the hadith, women complained to the Prophet and asked him about Islamic matters.

Also, according to tradition in ritual prayer, a woman should seek the Imam’s attention by clapping instead of saying “Subhanallah,” which is for men. There is disagreement as to whether or not a woman is allowed to recite the Qur’an in the presence of non-mahram men.

Certain scholars have concluded from the above differences that in some cases a woman’s voice is also her aura.[27][28][29]

Debates, deliberations and activism[ edit ]

Especially since modern times, the concepts of awarah (private area), haya (modesty), various levels of seclusion of Muslim women, and the extent to which Muslims limit their exposure to physical aspects and associations with Islamic dress; have not only been disputed by non-Muslims and ex-Muslims, but have also been a constant subject of discussion, deliberation, debate, movement and also part of advisory literature within Muslim societies, including that of ordinary Muslim individuals, various traditional school scholars, intellectuals, numerous political dispensations and sometimes challenged by individuals and groups of cultural Muslims; Liberals and progressives, modernists and Islamic feminists.[17] (Needs additional citations as well)

In the 1930s, shortly after the Turkish reforms under Kemal Atatürk, Malaysians (Malaysians) debated how far they adhered to traditional Islamic social restrictions on aura – commonly referred to as “aurat” in Indonesia and Malaysia – and modesty in contemporary Islamic dress should and should Western modernity is truly essential and conducive.[17]

See also[edit]

Most people nowadays don’t get obligatory Islamic knowledge about how to perform certain worships in an appropriate way, what the haram things are, how to stay away from haram and so on. This is the result of boys and girls getting too close before marriage. Shockingly, many Western Muslims don’t know whether kissing before marriage is haram or not!

In the Muslim countries, people know that kissing before marriage is haram. Yet they engaged in such an act due to negligence. So, what about kissing before marriage in Islam? Does it affect marriage? This article will answer all your questions on the subject.

Regulation of kissing in Islam before marriage

Most people know that kissing a non-mahram before marriage is haram. But is there a notice prohibiting this action? Yes absolutely. There are several ahadith as well as verses that point to this matter. However, the most specific hadith forbidding this act is –

Prophet Muhammad ﷺ said: “It is better for a Muslim to have a nail driven in his head than to touch someone who is not closely related to him (non-mahram).”

So, based on the hadith mentioned above, we can conclude that it is not permissible for a Muslim man or woman to touch, kiss or engage in any other physical action on a non-mahram.

Is kissing before marriage zina?

Although zina primarily indicates actual fornication and adultery, all things leading to zina are also considered zina. There is a hadith on this particular subject –

Prophet Muhammad ﷺ said: “Allah has determined for each son of Adam his share of Zina, which he will inevitably commit. The zina of the eyes looks, the zina of the tongue speaks, one may wish and desire, and the private parts confirm it or deny it.” (Bukhari, 5889; Muslim, 2657)

Touching a non-mahram person with sexual desire is considered zina of hands, kissing is zina of tongue and touch, looking is zina of eyes, which ultimately leads to zina of private parts, which is fornication or adultery.

This is why Islam forbids kissing, dating, touching and lewd talk before marriage in order to close all doors that lead to zina.

Romance in Islam before marriage

Now that it’s clear why kissing before marriage is considered haram, you might be wondering, “How about dating someone before marriage?”

As long as you see someone and fall in love with that person, there is nothing wrong with that. But if this “falling in love” leads to an act of haram, such as speaking to that person unnecessarily, staring at them with warmth and affection, touching them and going on a date, such romance becomes haram in the eyes of Shariah be. This romance will be a great sin, and it will have consequences.

See someone before marriage

There is nothing wrong for a man to see a woman for the purpose of marriage. In fact, it is encouraged in Islam to see the potential spouse based on the following hadith –

Prophet Muhammad ﷺ said: “When a man proposes marriage to a woman, he should do so if he is able to see what prompts him to marry her.” (Abu Dawud, 2082)

Touch mahrams

Both Muslim men and women may come into occasional physical contact with their mahrams. Mahrams of men are all Muslim men, parents, grandparents, parents’ siblings, own siblings, spouses, spouses’ parents, descendants, etc.

For women, their mahrams are all Muslim women, parents, grandparents, own siblings, parent’s siblings, spouse, spouse’s parents and descendants.

But to avoid fitnah, a man should not kiss an adult mahram woman on the cheek. Likewise, a woman should not touch or kiss the cheek of an adult mahram man.

Although kissing on the cheek is considered a custom in many Muslim countries, only people of the same sex are allowed to kiss it.

What to do if someone kissed before marriage

If you have kissed someone before marriage, be it the person you are going to marry or someone else, it is not the end of the world of your marriage journey. The door of regret is still open. All you need to repeat Allah SWT with sincerity and your past sin will be erased and replaced with a reward.

There is a hadith that indicates exactly this specific situation –

Ibn Mas’ud (may Allaah be pleased with him) reported: “A man kissed a woman. So he came to the Messenger of Allah (ﷺ) and informed him about it. Then Allah revealed this verse: “And establish prayer between the two ends of the day and in some hours of the night. Verily, the good deeds blot out the bad deeds (i.e. small sins).” (11:114) The man asked the Messenger of Allah (ﷺ) if this applies only to him. The Messenger of Allah (ﷺ) said: “It applies to all Muslims.” (Sahih Al-Bukhari and Muslim)

frequently asked Questions

What Is Haram Before Marriage In Islam?

Sexual, lustful and loving acts such as kissing, touching, staring etc. are haram in Islam before marriage as these are considered parts of zina leading to the actual zina itself.

What does Islam say about the relationship before marriage?

Loving someone is not a sin. But if that love leads to kissing, touching, and other acts of lust and love, then that particular love or relationship will be haram.

If two people love each other, don’t date, talk to each other unnecessarily out of affection, touch, kiss, then that’s not a problem. But they should get married as soon as possible to protect themselves from doing something haram.

What is the punishment for kissing in Islam?

Islam does not impose the death penalty just for kissing. The punishment for adultery or fornication will only be given if there are 4 witnesses of their haram act.

Is love bite haram?

Love bite between a man and a woman is completely halal as long as it doesn’t cause serious physical problems. Sometimes love bites cause excessive blood clotting, which can result in serious injury or even death. So couples should be aware of that.

last words

If you have come this far, hope you now know whether kissing before marriage is haram or not. Think about it like this, if you want to marry that person, if you are involved in something haram before marriage, it can have consequences in your married life.

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What is Walima? | Salams: Where Muslims meet

Marriage is a sacred rite of passage that brings a man and a woman together in a legally binding institution. For those lucky enough to participate in a holy marriage, there are two parts to any given Islamic wedding: the nikah and the walima.

Understanding the cultural implications of both parts is important to grasping the culture as a whole.

What is Walima? In this guide, you’ll learn more about this important ceremony and how it’s celebrated in modern culture.

The origin of Walima

What is Walima? The term derives from the Arabic word “awlama” which means an assembly or assembly. Some people translate this word to mean the accumulation of something.

Most often it is a term used to describe a festival where many people come together and dine together. In the modern Islamic context, it denotes a celebration that follows the marriage ceremony known as the nikah.

What is Walima?

Walima is simply the second of the two traditional parts of an Islamic wedding.

Now that you know what Walima means, it’s time to take a closer look at what this ceremony entails. Finally, Walima plays a significant role in Islamic culture and marriage.

How is Walima celebrated in modern Islam?

The scholars are quite clear that Walima is a Sunnah (or “teaching”) of the Messenger of Allah. After his own marriages, the Messenger of Allah had walimas in which he served meat and bread to those present.

Islam is quite clear that a walima should be given, but there are some conflicting ideas about exactly when it should be celebrated. Scholars argue for different times when this momentous event should be celebrated, such as:

At the same time as the Nikah (wedding ceremony)

After the nikah but before the consummation of the marriage

At the time of the wedding

Most agree that this festival should be scheduled after the Nikah ceremony. The Messenger of Allah explains that the first day after the nikah is the best time to have the walima. However, it can take place up to two days after the ceremony. After this time, a festival is no longer considered a walima.

How is Walima observed? procedure

Many Muslims have difficulty knowing what is expected of them in relation to the walima. The first step in celebrating this monumental achievement is to find a partner.

Search for a suitable partner

Marriage is highly valued in Islamic culture and finding a Muslim spouse is of paramount importance. Finding someone you’re compatible with can be a challenge, and that’s where Salams comes in.

Salams offers a safe, efficient, and fun way to find a spouse who shares your faith. You can swipe and chat with compatible people on the app for free. Make sure to download it today to start finding your life partner!

A healthy marriage consists of a man and a woman who are on good terms. Factors that can affect a strong marriage include compatibility in terms of:

assets

Marital status

beauty

religion

If these things are not equally present in the union, there may be some difficulty in living harmoniously with each other. They should have the same natural inclinations and backgrounds to avoid marital fractures.

Offer and Acceptance

Nikah is performed with a suggestion from either the male or female and acceptance by the other partner. It must be accompanied by two male Muslim witnesses to be valid. The bride will then give consent to her representative in front of two witnesses to perform the wedding in the Masjid.

The bride’s representative presents the bride and her dowry in the presence of two male Muslims who are not related to the bride. Remember that the dowry should be decided before the nikah.

The Walima celebration

Traditionally, the groom plans the event and sends out invitations to his relatives and friends, as well as those of his new bride. Devout people from across the community should also attend the Walima.

According to Islamic tradition, it is crucial to invite people from all walks of life and not just the rich.

In Islam it is encouraged that all who are invited should accept the invitation. It is a sin to decline an invitation to a walima without an apology. Guests can choose whether or not to eat, but they should all participate in the ritual.

Most scholars agree that a plain walima is the best option. However, there are a few things to avoid when hosting a Walima. These include:

Shows the bride on stage

Invite guests from afar

Reception of the guests in the hall

Money that the bride’s family spends on holding a feast

Demanding or hoping for gifts for the groom from the bride’s guests

As long as these customs are respected, the Walima can be considered a successful celebration for the bride and groom.

The Walima in popular culture

The Walima is recognized among Muslims as an essential part of the two-part wedding ceremony. Even well-known officials and celebrities have celebrated this important festival.

Recently, the representative of the second district of Maguindanao, Esmael “Toto” Mangudadatu, and his new bride, Sharifa Akeel, who was named Miss Asia Pacific International, celebrated this important ritual.

The couple invited friends and family to celebrate their new union. Almost 400 guests celebrated their wedding together with the bridal couple.

Why celebrate Walima?

What is Walima? While the nikah is the first part of the marriage ceremony, the walima should not be neglected to announce and celebrate a marriage.

Essentially, this festival, which takes place after the Nikah ceremony, is meant to symbolize the future happiness of the newly married couple. Guests such as family and friends come together to celebrate the wedding.

The Walima is an essential festival in Islam. It is a joyful occasion and cause for celebration, even if a couple is only hosting a small gathering.

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What is a nikah?

The Arabic word “Nikah” in English essentially means marriage or marriage. It is a sacred and solemn social contract between the bride and groom.

What do you need to get married in Islam?

A nikah must be performed between the bride and groom in order to be married Islamically. The requirements to complete a nikah vary by school of thought. In general, we work with our couples to ensure the following components are covered:

Mutual agreement between bride and groom to marry (Ijab-wa-Qubul) Two healthy adult Muslim witnesses Mahr (gift) to be given by groom to bride-keeper (wali) for bride

Who can act as my wali (guardian)?

In general, the wali is usually the bride’s father. The wali is charged with ensuring the welfare of his daughter in all aspects of her life, including marriage. (If for any reason the father cannot be present, there are exceptions to the rule. Feel free to contact us to discuss further details).

Who Performs the Nikah?

The Nikah is conducted by one of our officers. We provide both male and female supervisors.

a note from Sheikh Suhaib webb on the permissibility of virtual nikahs:

A virtual nikah is not something that took place during the time of the Prophet صلى الله عليه وسلم or the early jurists. When problems arose, they usually revolved around the above requirements and not the environment. Therefore, if a couple can ensure that the above conditions are met, then there is nothing to stop them from having a healthy Sharia marriage. Sheikh Yusuf Qaradawi expressed this when asked, “Are internet marriages valid?” He replied, “Yes, if the conditions are met.” It is important to note that the majority of jurists, including the Hanafis and Malkis, allow a blind witness to testify to the validity of the marriage. Therefore, seeing the actual marriage of the couple is not a condition of the contract. It is enough for one person to hear and know both members of the couple so that they can witness their bond. The permissibility of virtual nikahs is further strengthened in light of COVID-19 as it is a form of hardship causing Sharia to rotate and allow for alternative means.

05

5. A critique from within

In their rulings on zina, classical jurists attempted to preserve sexual order, personal honor and blood relations, and to ensure legitimate paternity. But these judgments were designed and enforced to protect the sanctity of marriage and be a deterrent, not to be codified and enforced by the machinery of a modern state. As shown, these rules are theoretically gender neutral. They provide the same penalties for men and women and contain measures to protect women from false accusations, with standards of proof so strict that it is almost impossible to prove a case.

It must be emphasized that the power and sanction of zina judgments lies not in their implementation, but in how they define the boundaries of permissible sexual conduct. Her power is exercised and maintained by the other judgments just outlined, which regulate marriage and the covering of women. To understand how all of these judgments work, it is necessary to examine how classical jurists thought about gender and female sexuality and to identify the underlying legal theories and legal assumptions. As is clear from the marriage and hijab rulings discussed above, zina laws are based on two legal constructs: the woman’s sexuality as property her husband has acquired through the marriage contract, and the woman’s body as a shameful object (‘awra), that must be covered at all times. Such constructs, in turn, depend on a patriarchal reading of Islam’s sacred texts and an underlying theory of sexuality that sanctions control over female behavior. All fiqh schools share this patriarchal ethos and concept of sexuality and gender; if they differ, it is in the manner and extent to which they translate them into legal norms.

Islamists and traditional Muslim scholars claim that the classical rules of fiqh are immutable and ordained by God. It is not the intention here to enter into a discussion of the theological validity of such a claim, or whether such a patriarchal reading of the Qur’an is justified. The legal logic of classical fiqh judgments must of course be understood in their own context. They must not be approached anachronistically. Judgment should be suspended when it comes to past traditions. But that doesn’t mean that this tradition has to be accepted blindly or that it cannot be dealt with critically. At this time and in this context, the question must also be asked: To what extent does such a conception of sexuality and gender rights reflect the principle of justice inherent in the idea of ​​Sharia as a path to be followed? Why and how did classical jurists define these judgments in such a way that women are under the authority of men and women’s sexuality is the property of men? What are the ethical and rational bases for such notions of gender rights and sexuality? These questions become even more crucial when it is accepted – as is the case here – that the classical jurists sincerely believed that their insights came from the sacred sources of Islam and that they reflected the justice that is an indisputable part of Sharia, as they got it.

There are two sets of related answers. The first group is ideological and political and has to do with the strong patriarchal ethos that influenced the classical jurists’ reading of the sacred texts and their exclusion of women from the production of religious knowledge. As one moves further from the era of the Prophet, it is found that women are marginalized and lose their political influence: their voice in the production of religious knowledge is silenced; their presence in public space is restricted; their critical abilities are denigrated to the point that their concerns become irrelevant to legislative processes.33 Women were among the main transmitters of hadith traditions, but when fiqh schools were consolidated, more than a century after the Prophet’s death, they were reduced to women sexual beings and placed them under male authority.34 This was justified by a particular reading of Islam’s sacred texts and achieved through a series of legal constructs: zina as a hadd crime with obligatory and specified penalties; Marriage as a contract whereby a man gains control over a woman’s sexuality; and women’s bodies as ‘Awra, shameful.

The second set of responses is more theoretical in nature and concerns the way patriarchal social norms,

Existing marriage practices and gender ideologies were sanctified and then made permanent in fiqh. In short, the genesis of gender inequality in the Islamic legal tradition lies in an internal contradiction between the ideals of Sharia and the patriarchal structures in which these ideals unfolded and were translated into legal norms. Islam’s call for freedom, justice and equality was lost in the patriarchal norms and practices of 7th-century Arab society and culture and in the founding years of Islamic law (MIR-HOSSEINI, 2003, 2007, 2009).

In short, classical jurists’ notions of justice and gender relations were shaped in interaction with the social, economic, and political realities of the world in which they lived. In this world, patriarchy and slavery were part of society; they were viewed as the natural order of things, as a means of regulating social relationships. In their understanding of the sacred texts, these jurists were guided by their perspective, and in recognizing the terms of Sharia they were limited by a range of gendered assumptions and legal theories that reflected the social and political realities of their time. The concepts of gender equality and human rights as they are understood today had no place and little relevance in their notions of justice.

It is important to remember that while ideas of gender equality are part of the modern world and were naturally absent from pre-modern legal theories and systems, the Islamic legal tradition nonetheless accorded women more rights than their Western counterparts until the 19th century. Thus, Muslim women have always been able to retain their legal and economic autonomy in marriage, whereas in England women did not acquire the right to keep property after marriage until 1882 with the passage of the Married Women’s Property Act.

For Muslims, however, the encounter with modernity coincided with their painful and humiliating encounter with Western colonial powers, in which both women and family law became symbols of cultural authenticity and bearers of religious traditions, the battlefield between the forces of traditionalism and the modern Muslim world – a situation that has persisted ever since. As Leila Ahmed notes, this has presented many Muslim women with a painful choice between betrayal and betrayal. They have to choose between their Muslim identity – their faith – and their new gender consciousness (AHMED, 1984, p. 122).

One of the paradoxical and unintended consequences of political Islam has been the creation of an arena in which many women can reconcile their faith and identity with their struggle for gender equality and human dignity. This did not happen because the Islamists offered an egalitarian vision of gender relations – they clearly did not. Rather, their very “return to Sharia” program and attempt to translate fiqh rules into politics has provoked Muslim women into increased activism in what some have termed “Islamic feminism.”35 The defense of patriarchal arrangements as Shari’a, as ‘God’s law’, as an authentic ‘Islamic’ way of life, took the classic fiqh books out of the closet and unintentionally exposed them to critical scrutiny and public debate. More and more women questioned whether there was an inherent or logical connection between Islamic ideals and patriarchy. This opened a space for an internal critique of patriarchal readings of Sharia unprecedented in Muslim history. At the beginning of the 1990s, a new awareness emerged, a new way of thinking, a gender discourse that stood up for equal rights for women on all fronts within the framework of Islam. This new discourse is nourished by feminist scholarship in Islam, which shows how gender is constructed in the Islamic legal tradition, uncovers a hidden history, and rereads textual sources to reveal an egalitarian interpretation of the sacred texts.36

The emerging feminist scholarship on Islam is helping to bridge the great gulf that exists between the notions of justice that support and underpin prevailing interpretations of Sharia, on the one hand, and human rights law, on the other. This fellowship is part of a new trend in reformist religious thought that is consolidating notions of Islam and modernity as compatible rather than opposed. Following and building on the work of earlier reformers, the new religious thinkers claim that human understanding of the sacred texts of Islam is flexible; The lyrics can be interpreted as promoting pluralism, human rights, democracy and gender equality. They revisit the ancient theological debates and aim to revive the rationalist approach that was eclipsed when legalism took over the dominant form and prioritized the form of the law over its content and spirit. Where earlier reformers sought an Islamic genealogy for modern concepts, the new thinkers place the emphasis on how religious knowledge is produced and how religion is understood; how interpretations of sharia and fiqh constructs need to be evaluated in their historical context.37 This new trend in reformist thought helps to assess how these legal constructs have been reproduced, modified and redefined by the countries and communities that have reintroduced zina laws , by “Islamizing Penal Laws.

More importantly, this new religious thought and language can open up a new and meaningful dialogue between Islamic law and international human rights norms. Such a conversation can help build cross-cutting consensus and provide human rights defenders with the conceptual tools and language to engage with Muslim communities. It may allow them to see the zina laws neither as part of an irretrievably backward and patriarchal religion, nor as divine and immutable, but as one element in the complex web of norms and laws that classical jurists have devised for the regulation of sexuality. 38 Other In other words, this conversation can help human rights defenders see these laws for what they are: legal constructs rooted in the tribal structures and patriarchal ideology of pre-Islamic Arabia, which, in modified form, can be traced back to Islamic era continued.

For example, it can be shown how death by stoning (rajm) derives its textual justification not from the Koran but from the Sunnah. Legal scholars of all schools rely on three hadiths to build their legal arguments for stoning. This has been disputed, both citing arguments from classical fiqh theory, such as the Qur’an’s textual primacy over hadith, and the fact that the authenticity of these hadith has been questioned,39 as well as on human rights grounds. It can be emphasized how the legal regulations in the Qur’an and in the Sunnah are to be understood in their historical and social context. For example, some have argued that stoning was a common form of execution in the time of the Prophet and that it was taken from the Jewish tradition into Islamic legal tradition as a punishment for zina.40

Furthermore, the Koran does not prescribe stoning as a punishment for adultery, nor does it speak of a punishment for consensual sexual relations in private. As Asifa Quraishi rightly argues, zina, as defined by classical jurists, must be considered a crime of public indecency and not private sexual conduct. In her words: “Although the Qur’an condemns sex outside marriage as evil, it authorizes the Muslim legal system to prosecute someone for committing this crime only if the act is carried out openly enough for four people to see without intruding on their privacy.” to penetrate “(QURAISHI, 1997, p. 296).41

The definition of criminal offenses is itself a legal development. The phrase hudud Allah, limits prescribed by God, appears 14 times in the Qur’an. Nowhere is it used in the sense of punishment, set or otherwise, nor is it explicitly stated what those limits are (KAMALI, 1998, p. 219; 2000, pp. 45-65). As Fazlur Rahman states, the term appears six times in two verses (Quran 2.229-230) in relation to divorce, demanding that husbands either keep or release their wives, i.e. in accordance with “good manners”; each time the term has a slightly different meaning, but neither here nor elsewhere is it used in the sense of punishment. In his words:

These facts should compel us to stop and reflect on how little the Qur’an cares about the purely legal side and how much more, and more importantly, about setting the moral tone of the community. The legal side must undoubtedly be taken into account and an adequate law must be developed. But it is left to the community to formulate this law in the light and moral spirit of the Qur’an, which itself shows little tendency to enact strict and firm laws. And doubly wrong are those who claim to take the law of God into their own hands and try to implement it literally.

(RAHMAN, 1965, p. 240).

What is Walima? | Salams: Where Muslims meet

Marriage is a sacred rite of passage that brings a man and a woman together in a legally binding institution. For those lucky enough to participate in a holy marriage, there are two parts to any given Islamic wedding: the nikah and the walima.

Understanding the cultural implications of both parts is important to grasping the culture as a whole.

What is Walima? In this guide, you’ll learn more about this important ceremony and how it’s celebrated in modern culture.

The origin of Walima

What is Walima? The term derives from the Arabic word “awlama” which means an assembly or assembly. Some people translate this word to mean the accumulation of something.

Most often it is a term used to describe a festival where many people come together and dine together. In the modern Islamic context, it denotes a celebration that follows the marriage ceremony known as the nikah.

What is Walima?

Walima is simply the second of the two traditional parts of an Islamic wedding.

Now that you know what Walima means, it’s time to take a closer look at what this ceremony entails. Finally, Walima plays a significant role in Islamic culture and marriage.

How is Walima celebrated in modern Islam?

The scholars are quite clear that Walima is a Sunnah (or “teaching”) of the Messenger of Allah. After his own marriages, the Messenger of Allah had walimas in which he served meat and bread to those present.

Islam is quite clear that a walima should be given, but there are some conflicting ideas about exactly when it should be celebrated. Scholars argue for different times when this momentous event should be celebrated, such as:

At the same time as the Nikah (wedding ceremony)

After the nikah but before the consummation of the marriage

At the time of the wedding

Most agree that this festival should be scheduled after the Nikah ceremony. The Messenger of Allah explains that the first day after the nikah is the best time to have the walima. However, it can take place up to two days after the ceremony. After this time, a festival is no longer considered a walima.

How is Walima observed? procedure

Many Muslims have difficulty knowing what is expected of them in relation to the walima. The first step in celebrating this monumental achievement is to find a partner.

Search for a suitable partner

Marriage is highly valued in Islamic culture and finding a Muslim spouse is of paramount importance. Finding someone you’re compatible with can be a challenge, and that’s where Salams comes in.

Salams offers a safe, efficient, and fun way to find a spouse who shares your faith. You can swipe and chat with compatible people on the app for free. Make sure to download it today to start finding your life partner!

A healthy marriage consists of a man and a woman who are on good terms. Factors that can affect a strong marriage include compatibility in terms of:

assets

Marital status

beauty

religion

If these things are not equally present in the union, there may be some difficulty in living harmoniously with each other. They should have the same natural inclinations and backgrounds to avoid marital fractures.

Offer and Acceptance

Nikah is performed with a suggestion from either the male or female and acceptance by the other partner. It must be accompanied by two male Muslim witnesses to be valid. The bride will then give consent to her representative in front of two witnesses to perform the wedding in the Masjid.

The bride’s representative presents the bride and her dowry in the presence of two male Muslims who are not related to the bride. Remember that the dowry should be decided before the nikah.

The Walima celebration

Traditionally, the groom plans the event and sends out invitations to his relatives and friends, as well as those of his new bride. Devout people from across the community should also attend the Walima.

According to Islamic tradition, it is crucial to invite people from all walks of life and not just the rich.

In Islam it is encouraged that all who are invited should accept the invitation. It is a sin to decline an invitation to a walima without an apology. Guests can choose whether or not to eat, but they should all participate in the ritual.

Most scholars agree that a plain walima is the best option. However, there are a few things to avoid when hosting a Walima. These include:

Shows the bride on stage

Invite guests from afar

Reception of the guests in the hall

Money that the bride’s family spends on holding a feast

Demanding or hoping for gifts for the groom from the bride’s guests

As long as these customs are respected, the Walima can be considered a successful celebration for the bride and groom.

The Walima in popular culture

The Walima is recognized among Muslims as an essential part of the two-part wedding ceremony. Even well-known officials and celebrities have celebrated this important festival.

Recently, the representative of the second district of Maguindanao, Esmael “Toto” Mangudadatu, and his new bride, Sharifa Akeel, who was named Miss Asia Pacific International, celebrated this important ritual.

The couple invited friends and family to celebrate their new union. Almost 400 guests celebrated their wedding together with the bridal couple.

Why celebrate Walima?

What is Walima? While the nikah is the first part of the marriage ceremony, the walima should not be neglected to announce and celebrate a marriage.

Essentially, this festival, which takes place after the Nikah ceremony, is meant to symbolize the future happiness of the newly married couple. Guests such as family and friends come together to celebrate the wedding.

The Walima is an essential festival in Islam. It is a joyful occasion and cause for celebration, even if a couple is only hosting a small gathering.

‍

(continued from chapter 32)

Divorce, ‘dhihar’ denial, vows of chastity within marriage (ila’), mutual cursing (li’an), ‘khul’-‘divorce and breastfeeding

[Discussion of divorce begins. Linguistically, in your words, it means “I freed the camel” and it is a technical term for the breaking of the marriage bond. It has four pillars:

husband wife intention. If someone talks about divorce without intention, it doesn’t happen, i.e. if someone wants to talk about something else and his tongue is tied and he pronounces the divorce, it has no effect. It is the same when someone is being forced into a divorce: unless he is acting in an ambiguous manner with full knowledge. The form that is divided into the explicit, which has the phrase “divorce” and does not require intent, and the allusive, which may be explicit or probable. If probable, his claim of intent and number is accepted. For example, if he says “go” or “go” and says he didn’t intend a divorce. He swears by it and owes nothing. If he says, “I wanted to get a divorce,” that’s binding. If he has intended one or more divorces, he acts accordingly. If he did not intend a number, three are mandatory.

The Sheikh divided divorce into two categories: Innovated and Sunna.]

32.14 Divorce

32.14a. outcome of the divorce

If one divorces his wife by a triple divorce, she is not halal to him either by property right or by marriage until she has married another husband.

[Free or slave, Muslim or Kitabi, accomplished or not. This is based on the Quranic Ayat. What is meant by marriage from the Shaykh and in the Ayat is intercourse, which is implied by the words of the Prophet in the Hadith about the wife of Rifa’a: “Not until you have tasted his sweetness and he has tasted yours.”

The requirement for the husband is that he is a Muslim. If he was a Muslim married to a Jew or a Christian and he divorces his wife three times and then she marries a Jew or a Christian who then divorces her, it is not permissible for the Muslim to marry her marry.

He must be of legal age and sexual maturity is taken into account. If the contract is made before it is due and there is no completion until he is of legal age, then it is legal. Sexual intercourse during menstruation or ‘idda is not considered, nor is the intercourse of the one who is permitted in it without mutual dislike, and that there is an ordinary togetherness affirmed by two women.

The seclusion must be confirmed, otherwise it is not legal. Ashhab said, “Even if the second confirms the intercourse because she is suspected of having done so to enable the one who divorced her to remarry.” Sexual intercourse with an unconscious woman or lunatic is not taken into account.]

32.14b. The triple divorce is an innovation

It is novelty (bid’a) to divorce a woman by a triple divorce once said, but when it happens it is still binding.

[The command stands in contrast to this, although it took place in the time of the Prophet. Part of it is that he heard a man divorce his wife with three divorces together. He got up angrily and then said: “Are you playing with the Book of Allah Almighty while I am under you?” However, it is binding if done at once.]

32.14c. Sunna’s divorce

Sunna divorce is acceptable when a man divorces his wife by declaration while she is pure after she has not had sexual intercourse with her since she became pure and does not make a second declaration until her ‘idda- period is over.

[A Sunnah-permitted divorce that is permitted is described. This has four rules. If one of them is missing, it is not a sunnah.]

32.14d. If he can take her back

He can return to her provided she has not had her third menstrual period since the divorce (provided she has menstrual periods and is a free woman). If the woman is a slave who is menstruating, he can return to her provided she has not yet started her second period.

[He can take her back because the marital ties between them endure except for sexual intercourse. Taking it back is done with intention and statement, like “I take it back,” “I keep it,” or things that replace the word like intercourse and foreplay, but there must be an intention in intercourse. Intercourse without intention is not withdrawal.]

32.14e. If the woman is not menstruating

If the woman has not yet menstruated or has stopped, he can always divorce her, and the same applies to a pregnant woman.

[Various age indications are given for menopause. About “anytime,” said at-Tata’i, “it may be even after intercourse with her, because such a divorce occurs in months, which would not entail prolongation of the ‘idda. The same applies to the woman with whom the marriage has not been consummated, even during the time of her menses, since the reason for the prohibition is to avoid prolonging ‘idda.]

32.14f. When the woman is pregnant

A man can rejoin his pregnant wife by the time of childbirth, just as he can rejoin a woman who has her period before the end of her ‘idda.

[He can take them back when the child is partially born. When it is fully born then the ‘idda is over and he cannot take it back. The ‘idda ends with the miscarriage of a piece of meat or a clot. If the matter is unclear and it is not known whether it was the fetus or clotted blood, look at the hot liquid. The ‘idda of a woman with constant bleeding is one year: nine months is considered liberation and three is the ‘idda. So the ‘idda is actually three months. The ‘idda of the postmenopausal woman is three months. There is no difference in the ‘idda of the months between the free woman and the slave.

They disagree as to whether “period” in the Ayat means purity, as with us and Ash-Shafi’i, or menstruation with Abu Hanifa.]

32.14g Divorce during menstruation

It is forbidden for a man to divorce his wife while she is menstruating, but if he does it is valid, but he is compelled to take her back if her ‘idda period has not yet ended.

[i.e. she is not pregnant. If he does it is binding because Ibn ‘Umar divorced his wife while she was menstruating and when ‘Umar asked the Messenger of Allah about it and he said: “Tell him to take her back and then her keep until she is clean and then menstruate and then is clean. Then if he wants he can keep her or if he wants he can divorce her before he touches her. That is the ‘idda, which Allah commanded for the divorce of women.” The ruler orders him to take them back. If he refuses, he threatens him with imprisonment. If he refuses, he is imprisoned. If he refuses, he is beaten.] [Mukhtasar: The same applies if he divorces her during Lochia.]

32:14 p.m. An unconsummated marriage

If a man has not yet consummated his marriage, he can divorce his wife at any time.

[He is allowed to do this in the famous position as it has no ‘idda, but Ashhab forbids it during menstruation because he sees the reason for the decision as an act of worship.]

32.14i. Results of Divorce

A declaration of divorce ends the marriage and three make her haram for him until she is married to someone else.

[Without completion because it has no ‘idda. It’s final. Three in one statement or as it is like the finale or by repeating the phrase one after the other.]

32.14y. The statement “You are divorced”

When a man says to his wife, “You are divorced,” that is considered an utterance unless he meant more than that.

[It’s a clear explicit statement and counts even if it’s a joke. If he uses an indirect term (“You are free”), the divorce is intentionally required only because it is an allusion. If he wants more, it is binding. ]

32.15 Khul’ Divorce

Khul’ is a type of divorce that excludes any possibility of remarriage, although it is not technically a divorce, and it occurs when the husband accepts something from his wife in exchange for her release.

[“It’s a divorce” refutes the one who says it’s an annulment. According to the first, if he previously divorced her, the khul’ is two divorces and she is legal only after one more marriage. According to the second, he can take her back before she marries. The words “no possibility of remarriage” show the position of someone who thinks it is revocable and not final. He said “technically not a divorce” refers to the one who says the khul’ is not a divorce, although it is called a divorce.]

32.16 Divorce Formulas

When a person says to his wife, “You are divorced once and for all,” it is as if he had declared the triple divorce, whether the marriage was consummated or not.

Likewise, when someone says, “You are no longer my responsibility” or “You are on your own” or “You are haram to me” or “Your reins are on your hump” (i.e. you can go where you want) , which is also considered a triple divorce if the marriage has been consummated. If the marriage has not been consummated, the husband is asked to indicate his intention.

(Note custom in all this.)

32.17 Rights of Divorced Women

32.17a. Dowry in unconsummated marriages

If a woman who was previously married is divorced before the marriage is consummated, she receives half of her dowry unless she voluntarily renounces it. If she is a virgin, the decision is left to her father, and if she is a slave, to her master.

[Who was named after her by the words of the Almighty: “If you divorce them before touching them, but have already allotted them a dowry, they should have half the amount that you allotted, be it for they renounce,” meaning unvirginally healthy women, “or he who is in charge of the marriage contract renounces” (2:237), which is the father in his virgin daughter and the master in his slave . This applies if the divorce is final or revocable and she is free or a Kitabi or a Muslim slave, consummated or not.]

32.17b. A present from the husband to the divorced wife

When a man divorces his wife, it is recommended that he give her some comfort, although this is not mandatory.

[A gift according to his situation, wealthy or not. He is not forced to do this, but it is recommended.]

31.17c. When the gift is not needed

If the marriage is not consummated but the dowry is paid, nothing need be given but consolation.

[She has no gift because she takes half of the dowry while her goods remain. It is understood that this is the case when she has no attribution, she has a gift, as we said.]

31.17d. In a khul’ divorce

The same applies when a woman asks for a divorce.

[Because she paid part of her fortune to separate from her husband, whether she liked him or not.]

32.18 Right of widows in a tafwid marriage

32.18a In an unconsummated tafwid marriage

If a man dies without either paying the dowry or consummating his marriage, his wife receives her share of his estate but does not receive a dowry.

[This is agreed because the marriage contract, if in order, makes the inheritance between them in order. But she has no dowry in the famous position. It is understood that it is the same if he has assigned her a dowry.]

32.18b. In a consummated Tafwid marriage

If the marriage is consummated, she should receive a dowry corresponding to her status, unless a certain amount has been agreed beforehand.

[If he hasn’t given her a dowry. She also inherits. This is because her goods are being sold and therefore she has a reasonable dowry. This is if she is sane and permitted to consent to less than a reasonable dowry.]

32.19 Physical Reasons for Cancellation

32.19a Physical reasons in relation to the bride

The marriage contract can be annulled if a bride is found to be insane or suffering from leprosy or a vaginal disease. If the man consummates his marriage to such a woman in ignorance, he must pay her dowry and then reclaim her from her father. The same applies if the bride’s brother was the marital guardian.

[These are mistakes. A disorder of the vagina is a blockage that prevents sexual intercourse. There are different forms. It involves constant vaginal bleeding that prevents full intercourse. A bad smell from the vagina is another cause. If the marriage is consummated, he pays her the dowry and demands it from the father.]

32.19b. A consequence of this

If the marital guardian is not one of her close relatives, the man does not have to pay a previously agreed dowry, but the bride receives only a quarter of a dinar (i.e. the minimum possible dowry).

[If he is a cousin and knows nothing of the debt and the marriage is consummated, he owes nothing. If he knows of the guilt, he is liable for it like the relative. He has no comeback against the distant relative, but the woman has only a quarter dinar.]

32.19c. impotence

An impotent man is granted one year and if he is still unable to have sexual intercourse the marriage can be dissolved if the woman so wishes.

[If he did not have intercourse because the obstacle existed before and after the contract. If he has had intercourse and then this obstacle arises and he copes with the intercourse, there is no divorce. If he claims sexual intercourse and she denies it, his statement will be recorded if he swears by it. If he refuses, she swears and her word is taken. This is the case when she desires a final divorce, since any divorce made by the qadi is final except in the case of one who is unable to provide for his wife.]

32.20 A missing husband

32.20a. waiting period

If a man disappears, his wife should wait four years from the day she brings the matter to the attention of the competent authority.

[This is when he is missing in the land of Islam and has no known location in a place of famine or wilderness, when he has a wife and she relays her business to the ruler to investigate his news for him. If he is free, the period is four years. If he’s a slave, it’s two years. The period starts from the submission of the case to the authorities.]

32.20b. The ‘idda after the waiting time

When this period of time has elapsed, she should keep the same ‘idda period as a woman whose husband has died. Then she can marry again if she wants.

[And she must observe sorrow according to the famous position. After that she can marry and does not need permission from the ruler to marry.]

32.20c. his legacy

The fortune of such a man will not be distributed as an inheritance until such time has elapsed that he cannot reasonably be supposed to be alive.

[In general, this is the age of 80 years. The author and al-Qabisi choose it. ‘Abdu’l-Wahhab chose 70.]

32.21 During the ‘idda period

A woman may not be solicited for marriage during her ‘idda period, although there is no harm if an indirect proposal is made provided it is made in an acceptable manner.

[Regardless of the reason the ‘idda. This means it is haram. If she is not from the divorce in ‘idda, it is not haram since it is not three. It is also unlawful to promise marriage by either party so that she is sure of it. It is permissible to allude to the intention being known.]

32.22. Just married

A man who marries a virgin can spend seven consecutive nights with her, suspending the rights of all other women for that period. If the woman was already married, the period is three nights.

[Young or old, Muslim, Kitabi or slave. After this time the division begins.]

32.23. Forbidden degrees among slaves

If a man has two slave women who are sisters, he must not have intercourse with either of them. If, after having sexual intercourse with one of them, he wishes to have sexual intercourse with the other, he must separate from the first and make her haram for himself either by selling her or by making an arrangement with her to buy her freedom ( kitaba) or by releasing her or in any other way by which she would become haram to him.

[Or any other form of sexual pleasure. If he possesses both, he will have intercourse with one but abstain from the other. If he wants to associate with the other, he must make the first illegitimate for himself, either after the Istibra by selling it. If the sale is not final, like the sale with option, the first wife is not unlawful to him until the end of the option days. Other possibilities are Kitaba.]

32.23a. consequences of sexual intercourse

If a man had sexual intercourse with one of his female slaves, her mother and daughters become haram for him and she also becomes haram for his father and sons, as is the case with marriage.

[This is based on an analogy.]

32.24. Divorce from a slave, minor or wife

A slave can divorce without asking his master’s permission. However, a child cannot divorce.

32.24a Divorce by a wife

A woman whose husband has given her authority or the ability to divorce as long as the two are in the same meeting.

[In the meeting, she must clearly state her choice. The wife of power of attorney may have power of attorney for one or more divorces.]

32.24b. A kind of divorce law

The husband may deny the right to any other than simple divorce. If she gets the chance, it can only be a triple divorce and he doesn’t have the night to deny it.

[Except the option. This cannot be denied whether the marriage is consummated or not.]

32.25 Ila’: The Oath of Abstinence

32.25a. definition of ila’

A man who swears not to have sexual intercourse for more than four months is said to be pronounced ila’.

[This is whether the woman is Muslim, Kitabi or slave and intends harm. The period begins from the date of the oath, if expressly stated, or from the date of termination, and the ruling is that it is an oath valid for less than the period, such as the “I will not intercourse with you until Zayd comes,” and if it’s four months or less, it’s not ila’.]

32.25b. When the ila’ takes effect

Divorce is only carried out after the expiry of the ila’: that is four months if the man is free and two months if he is a slave. Then the ruler gives him an ultimatum. If he resumes marital relations, the ila’ is annulled.

[This is the famous position that there is no divorce until the end of ila”s term. It is the famous position that the ruler gives him an ultimatum to resume relations or divorce. If he continues, then the judgment of the ‘ila’ is reversed by the words of the Almighty: “If they continue, Allah is ever Forgiving, Merciful” (2:226) and the resumption is achieved by the disappearance of the glans in the vagina. If he doesn’t go ahead, the ruler orders him to get a divorce. If he refuses, the ruler will force him to divorce.]

32.26 The Dhihar Divorce

32.26a. expiation of Dhihar

If one utters a dhihar (a statement that having sex with her is tantamount to incest), then he must not have sexual intercourse with her until he atones for it by freeing a believing slave free from fault and not partially owned by others or is in the process of attaining freedom. If he cannot do this, he must fast for two consecutive months. If he is unable to do so, he shall feed sixty poor people two mudds each.

[Free or enslaved Muslim. He cannot have sex with her or kiss her or touch her or look at her hair until he atones for it. The months are lunar months, counted by the moon. If he breaks it, he starts over because it has to be continuous. If he cannot do that, then he feeds free Muslims. The slave is not fed in expiation unless his master gives permission.]

32.26b. No intercourse until he has made atonement

Until the end of the atonement, he must not have sexual intercourse with her day or night. If he does this, he must repent to Allah Almighty.

[However, he has no other expiation.]

If he has intercourse after doing part of the atonement by eating or fasting, he starts all over again.

32.26c. Slaves freed as atonement

There’s no harm in freeing a one-eyed slave in dhihar or a bastard. One child is sufficient, but we think it better to deliver one who fasts and prays.

[Or any other slave. The Malikis find it better, in contrast to a nursing child. He should support the released child until it is able to work.]

32.27 The Li’an Divorce

32.27a. Definition of lian

Li’an divorce between a couple is when the man denies paternity, provided he claims he has been separated from her since her last menstrual period, or by actually witnessing adultery, like a kajal in his case.

[The Li’an is a permission granted by the Book and the Sunnah. There is no difference of opinion among the imams. It takes place between a couple even if their marriage is void, consummated or not, or rather they are unjust, as Ibn al-Mawwaz states. If someone unknowingly marries a relative or his sister and she becomes pregnant and he refuses the child, they curse each other because it appears to be a marriage. If she refuses, she gets the hadd. If he refuses, he will get the hadd for slander and the child will be associated with him. The requirement is that the husband is a legally responsible Muslim who can have sexual intercourse. For the wife, there is a condition that she can become pregnant. Neither Islam nor freedom are prerequisites. There may be a li’an from a kitabi or slave.

She must have menstruated once. A similar case is when he claims that he did not have sexual intercourse with her after she previously delivered that denied pregnancy. There must be a period of time between the two pregnancies that would separate them: that is six months or more. Or it is actually witnessing adultery. A requirement of the li’an in paternity denial is immediacy. If he sees it and is silent and then takes a stand, there is no li’an. A requirement for the li’an is actually not having sexual intercourse with her and thereafter. If there is a delay, there is no li’an for adultery.]

32.27b. Li’an in slander

There is disagreement as to whether Li’an is permissible in the case of slander.

[Without the claim of seeing intercourse or denying peternaity in two famous positions, one is that he remits the li’an and the other is that he receives the hadd and cannot remit the li’an.

Four judgments are associated with the Li’an. He points to one of them:]

32.27c. Li’an rules out a previous marriage

If they divorce through Li’an, they can never remarry.

[The other three verdicts are that there is no hadd punishment, denied paternity, and the marriage is ended. The separation between them occurs when the li’an is over. It does not require the judgment of a judge. It is annulment, not divorce in famous position.]

32.27d. How the husband performs the li’an

The husband begins the li’an by testifying of Allah four times and then cursing himself the fifth time.

[In Li’an. To deny paternity, he says four times: “I testify to Allah that this child is not mine”. Al-Mawwaz said that is what is stated in the mudawwana. It is the well-known position that he says, “I testify to Allah that she has committed adultery.” When he sees her, he says: “I testify to Allah that I saw her committing adultery.” The fifth time he says that the curse of Allah is upon him if he is one of the liars.]

32.27e. As the woman puts it

Then she does the same four times, and the fifth time invokes Allah’s wrath, as Allah Almighty has mentioned (in Qur’an 24:6-9).

[She denies the man’s oath, and when he says that he denies paternity and bears witness to Allah that she has committed adultery, she rejects this and says four times: “I bear witness to Allah that I have not committed adultery. ” When he says that he has seen her and swears by Allah that he has seen her whoring, she refutes this and says four times, “He has not seen me whoring.” The fifth time, she invokes the wrath of Allah, if he’s telling the truth.

The li’an must take place in the presence of a group of people, at least four people, and at the highest point in the country. It only takes place in the mosque. It is recommended that it is after the ‘Asr prayer and it is recommended to alert them both, especially on the fifth Eid, and tell them. “This fifth oath will bind the punishment for you.”

32.27f. If the wife refuses to testify

If the woman refuses to testify, she will be stoned if free and muhsana by intercourse with her husband or another husband. Otherwise, she will receive a hundred lashes.

[This is after the man’s curse. Half the penalty for a dhimmi.]

32.27g If the husband refuses to testify

If the husband refuses to testify, he will be punished with eighty lashes for defamation and the child will be considered his child.

32.28 Khul’

A wife can more or less redeem herself from her husband by her dowry or a sum, unless it is her fault. If she was hurt, she can reclaim what she gave him and the khul’ is still binding. The khul’ is a divorce that cannot be reversed except by a new marriage of one’s own accord.

[She can do this if she is mature and sane and he is mature and sane. If he’s a kid or crazy, she can’t. If it is due to an injury such as B. Failing to pay alimony or arranging improper work and the harm is proven by evidence and the wife has already received a khul’ and then says it was due to harm only and provides the evidence of that , then the husband must give her the Pay back the payment and the khul’ is a final divorce. You cannot remarry unless she has remarried.]

32.39 Divorce of Slaves

A freed woman who has married a slave can choose to remain married to him or separate from him. If someone buys his wife, then his marriage is void.

A slave is allowed only two divorces, and a slave’s ‘idda consists of two menstrual periods. The atonement for the slave is the same as for the free man, except for differences in hudud punishments and divorce.

32:30 Kin established by nurses

32.30 p.m. This applies up to the age of two

Any milk entering the stomach of a nursing child during the first two years, even a suckling, renders the marriage unlawful.

[This is in accordance with the words of Allah, “and your mothers who nursed you.” (4:23) It applies, if only once.”

Certain prerequisites are required to bring about the legal consequences of breastfeeding.]

32.30b. After the second year

Breastfeeding past the age of two doesn’t cause these prohibitions unless it’s about to happen, like a month or so, or some say two months.

[After the age of two, even if a lot of milk gets into his stomach, it does not create marriage barriers. This is based on the words of Allah: “Mothers shall suckle their children for two whole years” (2:233) and His words: “His bearing and weaning lasts 30 months.” (46:15) So He informs us of the minimum duration of the pregnancy and full lactation. A little more than two years doesn’t matter. Ibn ‘Abdu’l-Hakam says one month and Ibn al-Qasim two months.]

32.30c. If the child is weaned before the age of two

Wenn das Kind vor dem zweiten Lebensjahr entwöhnt wird, so dass es milchfreie Nahrung zu sich nimmt, führt ein danach erfolgendes Stillen nicht zu diesen Verboten.

[Dies ist gemäß dem, was in at-Tirmidhi und an-Nasa’i Berichten steht, dass der Prophet sagte: „Das Stillen schafft keine Verbote außer dem, was die Eingeweide spaltet“, und das ist vor dem Abstillen. Wenn ein Kind Nahrung statt Milch isst, werden seine Eingeweide geöffnet.]

32.30d. Milch wird in Mund oder Nase gegossen

Das Stillen durch Gießen von Milch in den Mund oder die Nase schafft die gleichen Verbote.

[Auch wenn nicht sicher ist, dass es den Magen erreicht hat. Das berichtet Ibn Habib von Malik. Ibn al-Qasim sagt, dass, wenn es den Magen erreicht, es ein Verbot schafft, aber ansonsten nicht.]

32.30e. Milchschwestern

Wenn eine Frau einen Jungen stillt, sind ihre Töchter und die Töchter ihres Mannes, ob vor oder nach dem Jungen geboren, seine Schwestern. Der Bruder des Jungen kann sie jedoch heiraten.

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Marriage in the Qur’an

Don’t marry idolaters.

[2:221]. Do not marry idol women unless they believe; A believing woman is better than an idolater, even if you like her. Neither shall you marry your daughters to idolaters unless they believe. A believer is better than an idolater, even if you like him. These invite to Hell, while GOD invites to Paradise and forgiveness as He wills. He explains His revelations to people so that they may heed them.

[4:21]. How could you take it back after you’ve been intimate and they made you solemnly promise?

respect for the father.

[4:22]. Do not marry the women who were previously married to your fathers – existing marriages are exempt and must not be broken – for it is a gross offense and an abominable act. .

Incest forbidden.

[4:23]. Forbidden for you (in marriage) are your mothers, your daughters, your sisters, your father’s sisters, your mother’s sisters, your brother’s daughters, your sister’s daughters, your nursing mothers, the girls who were nursing the same woman like you, the mothers of your wives, the daughters of your wives with whom you have consummated marriage – if the marriage has not been consummated, you can marry the daughter. Also forbidden to you are the women who were married to your genetic sons. You are also not allowed to be married to two sisters at the same time – but you must not break up existing marriages. GOD is Forgiving, Merciful. .

Mutual attraction and dowry required.

[4:24*]. Married women are also forbidden unless they are fleeing their unbelieving husbands who are at war with you.* These are God’s commandments to you. All other categories are allowed for you in marriage as long as you pay them their due dowry. You shall preserve your morals by not committing adultery. So, whomever you like among them, you shall pay him his dowry. You make no mistake by mutually agreeing on dowry adjustments. GOD is omniscient, supremely wise. .

[4:25]. Those of you who cannot afford to marry free believers can marry believer slaves. GOD knows your faith best, and you are equal to one another as far as faith is concerned. You must obtain the permission of their guardians before marrying them and pay them fairly their due dowry. They are to maintain moral behavior by not committing adultery or having secret lovers. Once set free by marriage, if they commit adultery their penalty shall be half that for free women.* Marrying a slave is said to be a last resort for those who cannot wait. Being patient is better for you. GOD is Forgiving, Merciful. .

Encourage marriage to discourage immorality.

[24:32]. Encourage those of you who are single to get married. They may marry the righteous among your servants, male and female, if they are poor. GOD will enrich them out of His grace. GOD is generous, Knower.

[25:74]. And they say, “Our Lord, let our spouses and children be a source of joy for us and keep us at the head of the righteous.”

[40:8]. “Our Lord, and admit them into the Gardens of Eden which You promised them and the righteous among their parents, spouses and children. You are the almighty, the wisest.

[30:21]. Among His evidences is that He created for you spouses from within yourselves to have rest and contentment together, and He has placed love and concern for your spouses in your hearts. There is enough evidence in there for people to think.

[5:5]. Today all good food is made legal for you. The food of the People of the Book is lawful to you. Moreover, you may marry the chaste women among the believers, as well as the chaste women among the followers of the earlier Scriptures, provided you pay their due dowry. You should keep chastity, not commit adultery and not take secret lovers. Whoever rejects the faith, all his work will be in vain, and in the hereafter he will be among the losers.

Today’s Christianity, not the religion of Jesus*

[5:72]. Gentiles are indeed the ones who say that God is the Messiah, the son of Mary. The Messiah Himself said: “O children of Israel, ye shall worship GOD, my Lord* and your Lord.” .Whoever sets up any idol beside GOD, GOD has forbidden Paradise for him, and his destiny is Hell. The wicked have no helpers.

*5:72-76 In John 20:17 we see that Jesus taught that he was neither God nor the Son of God. Many theologians. have, after careful research, come to the conclusion that Christianity today is not the same Christianity taught by Jesus. Two outstanding books on the subject are The Myth of God Incarnate (The Westminster Press, Philadelphia, 1977) and The Mythmaker (Harper and Row, New York, 1986). On the front jacket of “The Mythmaker”. we read the following statement: “Hyam Maccoby presents new arguments to support the view that Paul, not Jesus, was the founder of Christianity. It was Paul alone who created a new religion through his vision of Jesus as a divine Savior who died to save mankind.”

[5:73]. Pagans are indeed the ones who say that God is one third of a Trinity. There is no god but the one God. If they do not fail to say this, those among them who disbelieve will suffer a painful retribution.

[5:74]. Wouldn’t they repent to GOD and ask His forgiveness? .GOD is Forgiving, Merciful.

[4:4]. You shall justly give the women their dowries that are due. If they willingly give up something, then you can accept it; it is rightfully yours.

[28:27]. He said: “I would like to offer you one of my two daughters in marriage in return for working eight pilgrimages for me; if you make them ten, it will be voluntary on your part. I don’t want to make this an issue too difficult for you. You will find me righteous, God willing.”

Polygamy:

“If you think it best for the orphans, you can marry their mothers, you can marry two, three or four. If you fear being unjust, then be content with just one, or with what you already have. Besides, that way you are more likely to avoid financial difficulties.” (Quran 4:3)

“You can never be fair with more than one woman, no matter how hard you try. So don’t be so prejudiced as to let one of them down (neither enjoy the marriage nor leave her to marry another). If you rectify this situation and uphold justice, GOD is Forgiving, Merciful.” (Quran 4:129).

The Qur’an also says that you should be content with just one wife or what you already have (for those who are already married to more than one). That way you are more likely to avoid injustice. However, God says that no matter how hard you try, you can never be fair in dealing with more than one woman. Since justice is such an important commandment in the Qur’an, monogamy is greatly encouraged. However, if a man wishes to accept this challenge, it is between him and his Creator (Quran 4:129).

Excerpts from Appendix 30 (to the authorized English version of the Quran:

These excerpts show the behavior with the spouse:

… When the Qur’an was revealed the world was sufficiently populated and the Qur’an laid down the first restrictions against polygamy….

… Our perfect example here is Prophet Muhammad. He was married to one woman, Khadijah, until she died. He had all his children but one from Khadijah. Thus, as long as she was married to him, she and her children enjoyed the Prophet’s full attention; twenty five years. For practical reasons, Muhammad had a wife – from the ages of 25 to 50….. …This perfect example tells us that a man must give his wife and children his full attention and loyalty in marriage in order to live raise a happy and healthy family…

One of the benefits of living in Southeast Texas is the diversity of the people who live in our community.

A group of people who are often discussed but not understood are our Muslim neighbors. Today’s blog post from the law firm of Bryan Fagan, PLLC aims to introduce divorce into the Islamic faith.

Divorce Basics for Practicing Muslims

Divorce is not forbidden in Islam. According to the Koran, a husband can leave his wife for up to four months in a probationary separation. After this four-month period, the husband and wife must reunite to continue their marriage or to divorce.

When the spouses seek a divorce, the Qur’an encourages the parties to try to resolve their issues rather than rushing into a situation where there is a contested process. Both spouses must appoint an arbitrator to determine how property is to be divided and how matters relating to their children are to be decided. Both spouses and the community are involved in this process.

How can a marriage be dissolved in Islam?

Aside from death, divorce is the most common form of marriage dissolution. Spouses can consent to a divorce and have it obtained in any court of competent jurisdiction. The other method would be for the husband or wife to file for and obtain a divorce from their spouse. More often than not, a husband will file for divorce rather than the other way around.

A woman can only obtain a divorce from her husband by filing an application with the court. Historically and traditionally, the reasons a woman can get a divorce are fairly limited. Physical or mental disorders, inability to consummate the marriage, or desertion are among the reasons a woman may seek and obtain a divorce from her husband.

The Qur’an recognizes the third type of divorce in Islam, known as consensual divorce. If both spouses feel that they cannot perform the duties they promised to each other upon marriage and that their obedience to Allah would be compromised by continuing the marriage, then an amicable divorce is possible.

Special requirements of a Muslim woman in her life after divorce

After a divorce is obtained, Muslim women must practice abstinence and are not allowed to remarry for a period of time.

This is to identify the father of a child with whom the mother may be pregnant at the time of the divorce. If, after the divorce is completed, it becomes known that a Muslim woman is pregnant, then the ex-husband has the opportunity to reconcile with his spouse and invite his ex-wife back to the apartment.

The Impact of Islamic Marriage Contracts in the United States

The purpose of marriage in the Islamic world is to enable a man and woman to have sexual relations in order to legally have children. Traditionally, any Muslim who has reached the age of puberty and consents to marriage can enter into a marital relationship.

For a marriage proposal to be valid in the Islamic world, the proposal and acceptance must be made in the same session. Witnesses to the marriage must also be present.

Before marriage, the couple must agree on the language in a marriage contract. A sum of money must be paid to his wife to ensure that she is financially secure if the marriage ends in divorce or death. When confronted with this part of a marriage contract, American family judges will address them from the perspective of common English law, not Islamic law.

For example, if this part of an Islamic marriage contract is similar to a marriage contract, you as a wife would only receive what was promised to you in the marriage contract. This would nullify your ability to collect property based on Texas community property laws. This can put you in the wrong position when it comes to dividing assets in a divorce.

If an American judge considers the marriage contract to be a simple contract, the religious language contained in the marriage contract can cause it to be declared void. Then you would not receive anything that is required by the marriage contract. If you made that contract while living abroad in a Muslim country and never expected to come to the United States (let alone get a divorce here), it can cause a lot of problems.

We hear about Sharia in the media and the potential impact on our legal system. Usually concerns about its implementation in the United States are exaggerated and unrealistic, although it should be noted that our legal systems are quite different.

Our courts in the United States are essentially ignorant of how to interpret a Muslim legal contract for marriage, and even less of its relevance to Islam. Suppose you have entered into a prenuptial agreement. In that case, you know all too well the difficulties involved in living under American secular law and having a marriage contract that originated in Sharia law.

The purpose of a marriage contract in the Muslim world is to enable men and women to live together as a successful and happy married couple. In the event of a divorce, the provisions of the marriage contract apply. Once in the United States and subject to our legal system and its marriage and divorce laws, it is critical for women that judges understand the importance of the marriage contract and its ability to affect a divorced woman’s future finances.

Marriage Contracts vs. Islamic Marriage Contracts

Prenuptial arrangements in Texas typically divide the common property of two soon-to-marry people. Private property is designated as such, debts are accounted for and divided, and property is distributed according to individuals’ desires.

This Agreement may vary from Texas community property laws. This enables both spouses to negotiate certain aspects of their assets to their advantage and disadvantage in order to reach an agreement that suits both parties.

This is in contrast to an Islamic marriage contract. A wife in this type of contract never anticipates or negotiates a contract with the thought that she is waiving any rights to her separate property or future amounts of what we would call spousal support or alimony. In Islamic law there is no concept of communal property or other methods of property division. As a result, the methods used in the Islamic world to protect women in divorce can be overridden by construing an Islamic marriage contract as a type of marriage contract.

The bottom line is that Islam, at least from the point of view of Muslims worldwide, attaches great importance to future financial stability in the event of the death or divorce of the spouse in these contracts. Well-meaning judges in America run the risk of misinterpreting and overturning this protection simply by applying the law most commonly used in our country to a document that is ignorant of our legal traditions.

Questions about how the American legal system may affect an Islamic marriage? Contact the law firm of Bryan Fagan, PLLC

If you have questions about how your Islamic prenuptial agreement in another country may affect your Texas divorce, please contact the Law Offices of Bryan Fagan, PLLC.

We represent people of different faiths and cultural backgrounds and we are proud of it. A consultation with one of our licensed family law attorneys is free and available six days a week.