Contracting a Permanent Marriage / Optional Conditions / Wedding Night Aamal  / Temporary Marriage  /  Spouse selection / Nikah Khutba draft pps


 The permanent marriage ‘aqd ad-dā’im consists of the recital of the formula (sīgha) which contain the assent (ījāb) of the bride and the acceptance (qabūl) of the bridegroom.  For the marriage to be valid the mere consent of the two parties is not enough, the marriage contract must be performed.

Either the formula can be recited by the man and woman themselves or they can deputize another or others to be their representative(s) (wakīl).  It must be read in correct Arabic, other-wise the contract is void; so if it is impossible for the man and woman to do this, they have to appoint someone who knows Arabic.  However, if no such person is available, they are permitted to pronounce it in any language, but it must convey the sense of assent and acceptance on the part of the bride and the bridegroom respectively.

One who is reciting the ‘aqd formula should be a sane, adult, practicing Muslim.  The reciter must have the solemn intention of reciting it for marriage, and the bride and bridegroom must be specified.  There may be  a representative for each of the bride and groom, or one person can recite the formula as the representative of both bride and bridegroom, and the representative can be either male or female, but it is recommended that the ‘aqd formula should be performed by two righteous persons, one representing the bride and the other the bridegroom.

THE PERMANENT MARRIAGE RITE WITH TWO REPRESENTATIVES

First of all the representative of the bride and the representative of the bridegroom should seek the permission of the two and ask them  whether they consent to be married with the other for the agreed amount of dower (mahr).  The representative of the bride should also seek the permission of the father or grandfather of the bride, if she is a virgin.  Then the two representatives should sit together, usually in a gathering where the guests and members of the two families are present.  It is recommended that first of all the representative of the bride should recite a sermon (khutba) which takes the subject of the importance of marriage in Islam.

بِسْمِ اللهِ الرَّحْماَنِ الرَّحِيْمِ

اَلْحَمْدُ لِلَّلهِ اِقْرَارًا بِنِعْمَتِهِ وَلآَاِلَهَ اِلاَّ اللهُ اِخْلاَصًا لِوَحْدَا نِيَّتِهِ وَصَلَّىاللهُ عَلَى مُحَمَّدٍ سَيِّدِ بَرِيَّتِهِ وَعَلَىاْلاَصْفِيَآءِ مِنْ عِتْرَتِهِ اَمَّا بَعْدُ فَقَدْ كَانَ مِنْ فَضْلِ اللهِ عَلَى اْلاَنَامِ اَنْ اَغْنَاهُمْ بِالْحَلاَلِ عَنِ الْحَرَامِ  فَقَالَ سُبْحَا نَهُ وَتَعَالىَ وَاَنْكِحُوْاْلاَيَا مىَ مِنْكُمْ وَالصَّا لِحِيْنَ مِنْ عِبَادِكُمْ وَاِمَآءِكُمْ اِنْ يَّكُوْنُوْا فُقَرَآءَ يُغْنِهِمُ اللهُ مِنْ فَضْلِهِ  وَاللهُ وَاسِعٌ عَلِيْمٌ  وَ قَلَ رَسُوْلُ اللهِ صَلَّىاللهُ عَلَيْهِ وَاَلِهِ وَسَلَّمَ تَنَا كَحُوْا وَتَنَاسَلُوْا تَكْثُرُوْا فَاِنِّىِْ اُبَاهِىْ بِكُمُ اْلاُمَمَ يَوْمَ الْقِيَامَةِ وَلَوْ بِا لسِّقْطِ وَقَلَ الَنِّكَاحُ مِنْ سُنَّتِىْ فَمَنْ رَغِبَ عَنْ سُنَّتِىْ فَلَيْسَ مِنِّىْ وَصَلَّىاللهُ عَلَى مُحَمَّدٍ وَّاَلِهِ اطَّيِّبِيْنَ الطَّا هِرِيْنَ

Bi-’smi’llāh r-rahmāni r-rahīm.  Al-hamdu li-’llāhi iqrāran bi-ni’mati-hī wa-lā ilāha illa ’llāhu ikhlāsan li-wahdatīyati-hī wa-salla ’llahu ‘alā Muhammadin sayyidi barīyati-hī wa- ‘ala l-asfiyā min ‘itrati-hī.  Ammā ba‘du fa-qad kāna min fadli’llahi ‘ala l-anāmi an aghnā-hum bi-l-halāli ‘an l-harāmi fa-qāla subhāna-hu wa-tãāla wa-ankihu l-ayāmā min-kum  wa-s-sālihīna min ‘ibādi-kum wa-imāì-kumi iy yakūnū fuqarāì yugni-himu ’llahu min fadli-hī wa- ’llahu wasi‘un ‘alīm.  Waqāla rasūlu ’llāhi salla ’llahu ‘alay-hi wa-sallam, tanākahū wa-tanāsalū takthurū fa-inn-ī ubāhī bi kumu l-umuma yawma l-qiyāmati wa-law bi-s-siqt.  Wa-qāl, al-nikāhu min sunnat-ī fa-man raghiba ‘an sunnat-ī fa-laysa min-nī.  Wa-salla ’llahu ‘ala Muhammadiw wa-āli-hi t-tāhirīn.

In the name of God, the Merciful, the Compassionate.  Praise be to God, in avowal of His blessings.  There is no God but Allah, in sincere devotion to His oneness.   May God bless Muhammad, the master of His creation, and the pure ones from His household.  It is from the grace of God upon mankind that he has guarded them through what is legal from what is legal from what is illegal.  He, may He be glorified and exalted, has said:  Marry those among you who are single, or the virtuous ones among your slaves, male or female; if they are in poverty, God will give them means out of his grace; for God is All-encompassing, All-knowing (24:32).  And the Messenger of God, may God bless him and grant him peace, has said: ‘Marry and beget offspring; multiply, so that I may be proud of you before the nations, even through a miscarried foetus.’  And he said: ‘Marriage is part of my practice, and he who dislikes my practice is not from me.’  May God bless Muhammad and his Family, the Noble, the Pure.

After the sermon the main rite of marriage begins.  Given here is the minimum that must be recited, as it appears in the risālas of the mujtahids.  The representative of the bride says: 

زَوَّجْتُ مُوَكِّلَتِىْ بِمُوَكِّلِكَ عَلَى الصِّدَاقِ الْمَعْلُوْمِ0

         Zawwajtu-ka muwakkilat-ī….(name of the bride)

         muwakkila-ka…..(name of bridegroom) ‘ala s-sadāqi l-ma ‘lūm.

I marry my client,……(name of the bride)  to your client,….(name of bridegroom) for the dower that was agreed.

The representative of the bridegroom answers immediately:قَبِلْتُ التَّزْوِيْجَ لِمُوَكِّلِىْ عَلَى الصِّدَاقِ الْمَعْلُوْم

Qabiltu t-tazwīja li-muwakkil- ….(name of the bridegroom) ‘alas-sadāqi l-ma‘luma.

I accept on behalf of my client. …(name of bridegroom) for the dower that was agreed.

     The marriage is now complete and the man and woman become lawful to each other.  It should be noted that assent on the part of the bride’s wakil, and the acceptance on the part of the bridegroom’s representative even once is enough; the phrasea are repeated with a change of words five times merely as a recommended precaution.

THE PERMANENT MARRIAGE RITE WITH NO REPRESENTATIVES

 The rite for a man and a woman do not want to engage representative for the recitation of the formula of ‘aqd is as follows:

    The bride says:   زَوَّجْتُكَ نَفْسِىْ عَلَىالْمَهْرِ الْمَعْلُوْمِ  Zawwajtu-ka nafsī ‘ala ’l-mahri ’l-ma‘lūm.

I have married mayself to you for the dower that was agreed.

The bridegroom answers:   قَبِلْتُ التَّزْوِيْجَQabiltu t-tazwīj. I accept the marriage.

source http://www.dartabligh.org/marriage/

From Islamic Seminary Prayer book :-

Nikah Sermon

بسم الله الرحمن الرحيم

اَلْحَمْدُ لِلَّهِ اِقْرَارًا بِنِعْمَتِهِ وَلآَ اِلَهَ اِلاَّ اللهُ اِخْلاَصًا لِوَحْدًا نِيَّتِهِ وَ صَلَّي اللهُ عَلَي مُحَمَّدٍ سَيِّدِ بَرِيَّتِهِ وَ عَلَي الْاَصْفِيَآءِ مِنْ عِتْرَتِهِ اَمَّا بَعْدُ فَقَدْ كَانَ مِنْ فَضْلِ اللهِ عَلَي الْاَنَامِ اَنْ اَغْنَاهُمْ بِالْحَلاَلِ عَنِ الْحَرَامِ فَقَالَ سُبْحَانَهُ وَ تَعَالٰي وَانْكِحُوْ الْاَيَامٰي مِنْكُمْ وَ الصَّالِحِيْنَ مِنْ عِبَادِكُمْ وَ اِمَآئِكُمْ اِنْ يَّكُوْنُوْا فُقَرَآءَ يُغْنِهِمُ اللهُ مِنْ فَضْلِهِ وَ اللهُ وَاسِعٌ عَلِيْمٌ. وَ قَالَ رَسُوْلُ اللهِ صَلَّي اللهُ عَلَيْهِ وَ اٰلِهِ وَ سَلَّمَ تَنَاكَحُوْا وَ تَنَاسَلُوْا تَكْثُرُوْا فَاِنِّيْ اُبَاهِيْ بِكُمُ الْاُمَمَ يَوْمَ الْقِيَامَةِ وَ لَوْ بِالسِّقْطِ وَ قَالَ النِّكَاحُ مِنْ سُنَّتِيْ فَمَنْ رَغِبَ عَنْ سُنَّتِيْ فَلَيْسَ مِنِّيْ وَ صَلَّي اللهُ عَلَي مُحَمَّدٍ وَّ اٰلِهِ الطَّيِّبِيْنَ الطَّاهِرِيْنَ.

Transliteration: Bismillaahir Rah’maanir Rah’eem. Al h’amdu lillaahi iqraaran bi ni’matihi wa laa ilaaha illallaahu ikhlaas’an li wah’daniyyatihi wa s’allallaahu a’laa muh’ammadin sayyidi bareeyatihi wa a’laa as’fiyaai min I’tratihi amma ba’du faqad kaana min faz”lil laahi a’lal anaami an aghnaahum bil h’alaali a’nil h’araami fa qaala sub h’aanahu wa ta’ala wan kih’ul ayaami minkum was’ s’aalih’eena min I’baadikum wa imaa-ikum in’y yakoonu fuqraa-a yughnihimul laahu min faz”lihi wal laahu waasiu’n a’laihim. Wa qaala rasoolul laahi s’allallaahu a’laihi wa aalihi wa sallam tanaakah’u wa tanaasaloo takthuru fa inni ubaahi bikumul umama yaumal qiyaamati wal au bissiqt’I wa qaalan nikaah’u min sunnati faman raghiba a’n sunnati fa laisa minni wa s’allallaahu a’laa muh’ammadinw wa aalihit’ t’ayyibeenat’ t’aahireen.

Translation: Praise be to Allah confessing to His bounties and there is no god except Allah with sincere belief in His Oneness. And bliss of Allah be on Muhammad the chief of the creatures and on his chosen ones from his progeny. So to say: among the bounties of Allah upon the mankind is that He made it needless with lawful from that which is unlawful. Thus, Allah, the Glorified and the High said: And marry those among you who are single and those who are fit among your male slaves and your female slaves; if they are needy, Allah will make them free from want out of His grace; and Allah is Ample-giving, Knowing. And the Messenger of Allah (s.a.w.s.) said: “Marry and increase your population, for I will boast of my large Ummah on the Day of Judgment.” And he said: Nikah is from my Sunnah. Thus one who abandons my Sunnah is not from me. And may Allah bless Muhammad and the chaste and purified progeny.

Nikah Seegha (Formula)

1. When the bride and the bridegroom, both are adult and sane and they want to recite their own Nikah Seegha and they can also pronounce Arabic properly, they should recite as follows:

The Bride says:

The Bridegroom says:

اَنْكَحْتُكَ نَفْسِيْ عَلَي الْمَهْرِ الْمَعْلُوْمِ

قَبِلْتُ النِّكَاحَ لِنَفْسِيْ عَلَي الْمَهْرِ الْمَعْلُوْمِ

I gave myself in Nikah to you for the agreed upon dower.

I accepted the Nikah for myself for the agreed upon dower.

زَوَّجْتُكَ نَفْسِيْ عَلَي الْمَهْرِ الْمَعْلُوْمِ

قَبِلْتُ التَّزْوِيْجَ لِنَفْسِيْ عَلَي الْمَهْرِ الْمَعْلُوْمِ

I married myself to you for the agreed upon dower.

I accepted the marriage for myself for the agreed upon dower.

زَوَّجْتُكَ بِنَفْسِيْ عَلَي الصِّدَاقِ الْمَعْلُوْمِ

قَبِلْتُ التَّزْوِيْجَ لِنَفْسِيْ عَلَي الصِّدَاقِ الْمَعْلُوْمِ

I married myself to you on the agreed upon bridal payment.

I accepted the marriage for myself for the agreed upon bridal payment.

اَنْكَحْتُكَ بِنَفْسِيْ عَلَي الصِّدَاقِ الْمَعْلُوْمِ

قَبِلْتُ النِّكَاحَ لِنَفْسِيْ عَلَي الصِّدَاقِ الْمَعْلُوْمِ

I gave myself in Nikah to you for the agreed upon bridal payment.

I accepted the Nikah for myself for the agreed upon bridal payment.

اَنْكَحْتُ وَ زَوَّجْتُ نَفْسِيْ نَفْسَكَ عَلَي الْمَهْرِ الْمَعْلُوْمِ.

قَبِلْتُ النِّكَاحَ و التَّزْوِيْجَ لِنَفْسِيْ عَلَي الْمَهْرِ الْمَعْلُوْمِ

I gave myself in Nikah and married myself to yourself for the agreed upon dower.

I accepted Nikah and marriage for myself for the agreed upon dower.

2. If the bride and the bridegroom, both are adults and responsible and each of them is represented by two different persons, the Nikah should be recited as follows:

The Bride’s Rep. should say:

The Bridegroom’s Rep. should say:

اَنْكَحْتُ مُوَكِّلَتِيْ مُوَكِّلَكَ عَلَي الْمَهْرِ الْمَعْلُوْمِ.

قَبِلْتُ النِّكَاحَ لِمُوَكِّلِيْ عَلَي الْمَهْرِ الْمَعْلُوْمِ.

I did the Nikah of my client with your client for the agreed upon dower.

I accepted the Nikah of my client for the agreed upon dower.

زَوَّجْتُ مُوَكِّلَتِيْ مُوَكِّلَكَ عَلَي الْمَهْرِ الْمَعْلُوْمِ.

قَبِلْتُ التَّزْوِيْجَ لِمُوَكِّلِيْ عَلَي الْمَهْرِ الْمَعْلُوْمِ.

I married my client with your client for the agreed upon dower.

I accepted the marriage of my client for the agreed upon dower.

اَنْكَحْتُ مُوَكِّلَتِيْ مُوَكِّلَكَ عَلَي الصِّدَاقِ الْمَعْلُوْمِ.

قَبِلْتُ النِّكَاحَ لِمُوَكِّلِيْ عَلَي الصِّدَاقِ الْمَعْلُوْمِ.

I did the Nikah of my client with your client for the agreed upon bridal payment.

I accepted the Nikah of my client for the agreed upon bridal payment.

زَوَّجْتُ مُوَكِّلَتِيْ بِمُوَكِّلَكَ عَلَي الصِّدَاقِ الْمَعْلُوْمِ.

قَبِلْتُ التَّزْوِيْجَ لِمُوَكِّلِيْ عَلَي الصِّدَاقِ الْمَعْلُوْمِ.

I married my client with your client for the agreed upon bridal payment.

I accepted the marriage of my client for the agreed upon bridal payment.

اَنْكَحْتُ وَ زَوَّجْتُ مُوَكِّلَتِيْ مُوَكِّلَكَ عَلَي الْمَهْرِ الْمَعْلُوْمِ.

قَبِلْتُ النِّكَاحَ وَ التَّزْوِيْجَ لِمُوَكِّلِيْ عَلَي الْمَهْرِ الْمَعْلُوْمِ.

I gave in Nikah and married my client to your client for the agreed upon dower.

I accepted the Nikah and marriage of my client for the agreed upon dower.

In case the bride’s father is present and his permission has been taken the following formula must also be recited:

اَنْكَحْتُ مُوَكِّلَتِيْ مُوَكِّلَكَ وَ كَالَةً عَنْهَا وَ عَنْ اَبِيْهَا عَلَي الْمَهْرِ الْمَعْلُوْمِ.

قَبِلْتُ النِّكَاحَ لِمُوَكِّلِيْ عَلَي الْمَهْرِ الْمَعْلُوْمِ.

I did the Nikah of my client with your client taking her and her father’s permission upon the agreed dower.

I accepted the Nikah of my client upon the agreed dower.

3. If both the bride and the bridegroom, are adults and responsible and both are represented the same person, the Nikah should be recited as follows:

One behalf of the bride he should say:

One behalf of the bridegroom he should say:

اَنْكَحْتُ مُوَكِّلَتِيْ مُوَكِّلِيْ عَلَي الْمَهْرِ الْمَعْلُوْمِ.

قَبِلْتُ النِّكَاحَ لِمُوَكِّلِيْ عَلَي الْمَهْرِ الْمَعْلُوْمِ.

I did Nikah of my female client to my male client upon the agreed dower.

I accepted the Nikah of my male client upon the agreed dower.

زَوَّجْتُ مُوَكِّلَتِيْ مُوَكِّلِيْ عَلَي الْمَهْرِ الْمَعْلُوْمِ.

قَبِلْتُ التَّزْوِيْجَ لِمُوَكِّلِيْ عَلَي الْمَهْرِ الْمَعْلُوْمِ.

I married my female client to my male client upon the agreed dower.

I accepted the marriage of my male client upon the agreed dower.

اَنْكَحْتُ مُوَكِّلَتِيْ بِمُوَكِّلِيْ عَلَي الْمَهْرِ الْمَعْلُوْمِ.

قَبِلْتُ النِّكَاحَ لِمُوَكِّلِيْ عَلَي الْمَهْرِ الْمَعْلُوْمِ.

I did Nikah of my female client with my male client upon the agreed dower.

I accepted the Nikah of my male client upon the agreed dower.

زَوَّجْتُ مُوَكِّلَتِيْ بِمُوَكِّلِيْ عَلَي الصِّدَاقِ الْمَعْلُوْمِ.

قَبِلْتُ التَّزْوِيْجَ لِمُوَكِّلِيْ عَلَي الصِّدَاقِ الْمَعْلُوْمِ.

I married my female client with my male client upon the agreed bridal payment.

I accepted the marriage of my male client upon the agreed bridal payment.

اَنْكَحْتُ وَ زَوَّجْتُ مُوَكِّلَتِيْ مُوَكِّلِيْ عَلَي الصِّدَاقِ الْمَعْلُوْمِ.

قَبِلْتُ النِّكَاحَ وَ التَّزْوِيْجَ لِمُوَكِّلِيْ عَلَي الصِّدَاقِ الْمَعْلُوْمِ.

I gave in Nikah and married my female client to my male client upon the agreed bridal payment.

I accepted the Nikah and marriage of my male client upon the agreed bridal payment.

In this case also if the bride’s father is present and his permission has been taken the following formula must also be recited:

اَنْكَحْتُ مُوَكِّلَتِيْ مُوَكِّلِيْ وَ كَالَةً عَنْهَا وَ عَنْ اَبِيْهَا عَلَي الْمَهْرِ الْمَعْلُوْمِ.

قَبِلْتُ النِّكَاحَ لِمُوَكِّلِيْ عَلَي الْمَهْرِ الْمَعْلُوْمِ.

I did the Nikah of my client with my male client with her and her father’s perm-ission upon the agreed dower.

I accepted the Nikah of my male client upon the agreed dower.

4. If both the bride and the bridegroom are not adults but the guardian (father or grandfather) is present, taking permission from him the representatives should recite the Nikah as follows:

The Bride’s Rep should say:

The Bridegroom’s Rep should say:

اَنْكَحْتُ بِنْتَ مُوَكِّلِيْ اِبْنَ مُوَكِّلِكَ عَلَيْ الْمَهْرِ الْمَعْلُوْمِ.

قَبِلْتُ النِّكَاحَ لِاِبْنِ مُوَكِّلِيْ عَلَي الْمَهْرِ الْمَعْلُوْمِ.

I did Nikah of daughter of my client with son of your client upon the agreed dower.

I accepted the Nikah of the son of my client upon the agreed dower.

زَوَّجْتُ بِنْتَ مُوَكِّلِيْ اِبْنَ مُوَكِّلِكَ عَلَيْ الصِّدَاقِ الْمَعْلُوْمِ.

قَبِلْتُ التَّزْوِيْجَ لِاِبْنِ مُوَكِّلِيْ عَلَي الصِّدَاقِ الْمَعْلُوْمِ.

I married the daughter of my client with son of your client upon the agreed bridal payment.

I accepted the marriage of the son of my client upon the agreed bridal payment.

5. If both the non-adult bride and bridegrooms are represented by one and the same person he should recite the Nikah as follows:

One behalf of the bride he should say:

One behalf of the bridegroom he should say:

اَنْكَحْتُ بِنْتَ مُوَكِّلِيْ اِبْنَ مُوَكِّلِيْ عَلَيْ الْمَهْرِ الْمَعْلُوْمِ.

قَبِلْتُ النِّكَاحَ لِاِبْنِ مُوَكِّلِيْ عَلَي الْمَهْرِ الْمَعْلُوْمِ.

I did Nikah of the daughter of my client to son of my client upon the agreed dower.

I accepted the Nikah of the son of my client upon the agreed dower.

زَوَّجْتُ بِنْتَ مُوَكِّلِيْ اِبْنَ مُوَكِّلِيْ عَلَيْ الصِّدَاقِ الْمَعْلُوْمِ.

قَبِلْتُ التَّزْوِيْجَ لِاِبْنِ مُوَكِّلِيْ عَلَي الصِّدَاقِ الْمَعْلُوْمِ.

I married the daughter of my client to son of my client upon the agreed bridal payment.

I accepted the marriage of the son of my client upon the agreed bridal payment.

 

 

 SOME REASONS FOR THE ABROGATION OF A PERMANENT MARRIAGE

There are some situation in which the bride or bridegroom can abrogate the marriage and separate without any divorce.  The following list contains some of the defects which, if a man finds them in the woman he married when he had not been informed about them before the marriage, entitle him to abrogate the marriage:

Insanity, blindness,certain sexual abnormalities, paralysis, leprosy, leucoderma, and other similar defects.

Likewise, the woman can abrogate the marriage if, among other things: 1)she comes to know after marriage that her husband had been insane before the marriage, 2)the husband becomes insane after the marriage 3)the husband is impotent.

 

PRECEPTS REGARDING DOWER (MAHR)

The mahr (or sadāq) is the obligatory wedding-gift which the bridegroom undertakes to give the bride.  It is a token of friendship, a mark of honour for the woman, and security for her.  It becomes the property of the wife and she has full rights to dispose of  it as she likes (see, e.g. Qur’ān  4:24, 25,34).

Anything which has value can be given as dower, and there is no specified amount. It should not be so high as to be beyond the financial status of the husband;  it may  be given at, or immediately after, the marriage, or at any time later on; it may be paid in one or several instalments.  The woman has the right to allow the husband to have sexual intercourse with her without taking the dower.

 

Optional Conditions In An Islamic Marriage Contract - Sayyid Muhammud Rizvi

Al Al Al-Furqan the bi-weekly electronic newsletter from the office of  Sayyid Muhammad Rizvi  www.jaffari.org

In the name of Allah, the Beneficent, the Merciful O Allah, Bless Muhammad & his progeny

Vol. 1 * 12 Jumadi I 1427 * 8 June 2006 * No. 9:: (905) 737 0982 muhammad57@rogers.com Fax: (905) 737-9781 9781 9781

Marriage: A Legal Contract

Since marriage is a binding contract (‘aqd) in the Islamic laws (the shari‘a), it depends on three essential conditions:

1. the proposal from the bride;2. and the acceptance from the groom; 3. and the mahr.

Mahr means the consideration that the groom agrees to give to the bride. (See 4:4) It is the right of the bride and it is for her to specify or fix the mahr. The groom may either accept it or negotiate with her until they reach to an agreement. Mahr is not a price being paid for the lady; it does not mean buying a wife. It is a symbolic gesture of man’s true love for the woman whom he intends to marry. It doesn’t have to be monetary or material; it can even be a service (e.g., teaching the Qur’an or provided for higher education or paying for the hajj, the pilgrimage to Mecca , etc). Moreover, the mahr can be immediate or deferred or partly immediate and partly deferred as agreed by both parties.

Besides the three conditions mentioned above, there are no more essential conditions attached to the Islamic marriage contract.

Optional Conditions

However, like any other contract (‘aqd), there is room for optional conditions in the marriage contract as well.

The concept of optional conditions is not an innovation or “a revolutionary concept;” it has existed in the shari‘a laws from the earliest days. Of course, its application in marriage contract has gained popularity in modern times. Shi‘i scholars of the early days of ghaybat, like Shaykh at-Tusi (d. 460 AH) in his an-Nih.yah, al-Khil.f and al- Mabsut, as well as of the later days, like Sayyid Muhsin al-Hakim (d. 1969) in Minh.ju ’s- S.lihiyn, have discussed the concept of “shart dhimn al-‘aqd – a condition attached to the contract.”

Even the marriage contracts of India and Pakistan had provision for “s.’ir shurut—other

conditions” which, nonetheless, was left blank by most couples.

By looking at the problems facing Muslims of our time, te contemporary mujtahidin have

started highlighting the issue of optional conditions in the marriage contract. In the Islamic Republic of Iran, for example, marriage certificate comes in a booklet form with optional conditions printed within it for the bride and the groom to sign on the dotted lines after each condition if they wish to include it in their marriage contract.

 Why Optional Conditions?

The imams of the Islamic centres, the Muslim counselors and social workers have observed that some men abuse the rights given to them in marriage relationship. In order to prevent such situations and equip women with mechanism within the parameters of shari‘a laws, we have started recommending to potential brides and grooms to add a few conditions to their marriage contract. Both parties can put whatever conditions they agree upon except a condition which goes against the shari‘a laws.

The conditions that we recommend are mostly related to the right of divorce and division of property at the time of divorce.

1st Example: The Right of Divorce

Although marriage is sacred in Islam, it is also dissolvable. Divorce is allowed but as the last solution.

However, the right of divorce has been given to the husband.

If a situation arises where the wife does not want to continue with the abusive elationship and the husband does not agree to give divorce, then the woman is stuck in that marriage. The Qur’an is very clear that “either retain your wife in goodness or release them with kindness.” There is no third option where a woman is just left “suspended, neither married nor divorced.” Imam Ja‘far as-S.diq (a.s.) said, “When a man intends to marry a

woman, he should say, ‘I pledge by the covenant that All.h has taken to retain [my wife] in goodness or to release [her] with kindness.’” However, there are certain men who do exactly the opposite—they leave their wives suspended. How does the Muslim community deal with such situations? There are a variety of pressures which could be brought to bear upon the husband to divorce his wife:

(1) family;

(2) extended family;

(3) community elders.

As a last resort, the woman could approach (4) the mujtahid (a Shi‘a jurist) or his representative to intervene; and if he is convinced that the husband is being unjust, then he has the power to serve a notice to the husband and ask for his consent to divorce the wife. If the husband refuses, then the mujtahid can dissolve the marriage and pronounce the divorce even without the husband’s consent. In Canada , however, not all families have the extended family support to put such pressure; nor do we have a mechanism as a community (e.g., excommunication) to censure the man who is treating his wife unjustly. The only option is to approach the mujtahid; but that process, like any other judicial process, takes its own due time.

In order to make things easy and fast in solving such marital problems where an abusive husband is refusing to give divorce, we encourage the couples, at the time of marriage, to add certain optional conditions to the marriage contract as seen below:

The husband gives an irrevocable authorization to the wife to appoint someone as his representative ( w a k i l ) for divorcing her, after seeking approval of the resident ‘alim* or her father* or her brother,* in the following cases:

1. if the husband marries another woman without permission of the wife named in this marriage contract;

2. if the husband ill treats and or physically abuses the wife to such an extent that it becomes extremely difficult for the wife to continue the marital relationship;

3. if the husband abandons the wife and does not provide for her for more than six months continuously;

4. if the husband divorces his wife in the civil court but refuses to give her the religious divorce.

* These are various options in order to prevent emotions from clouding the decision-making process on this serious matter of life.

The first condition might seem to be against the shari‘a law which allows polygamy; but it is not so. The condition does not prevent the husband from marrying a second wife; it gives a right of divorce to the first wife if she wants to disengage herself from this triangle relationship.

By putting these conditions as part of the religious marriage contract, it becomes easier for women to get divorce when they are faced with such situations.

2nd Example: Property Distribution:

From the shari‘a point of view, at the time of divorce, the wife is entitled to:

1. Mahr, if not already paid.

2. Her own property or belongings which she brought with herself at the time of marriage or whatever she acquired by way of earning or gifts or inheritance, etc.

In case of divorce, this leaves many women, especially the housewives, without any financial support. Unfortunately, the secular society as well as the Muslim community does not recognize the contributions of the “housewife.” Women’s liberation movement has degraded the status of the mother and the housewife as opposed to a “career woman.” Her hard work in managing the household, and rearing of healthy and good children who grow up to be productive citizens is not adequately recognized or appreciated even by her peers in the women’s liberation movement. The evolution of her title from “housewife” to “homemaker” has not yet elevated the status of the wife who chooses to stay at home, especially after the birth of her child.

From the Islamic point of view, a wife is not legally required to do the household chores and take care of her own children; it is the husband’s duty to provide for his wife and children. However, on a moral level, the wife is expected to help the husband in managing the household and taking care of the children. This difference on the legal and moral levels is so that a husband shouldn’t think of his wife as a slave or a servant; he should appreciate the contribution of his wife in his life. That is the true partnership in marriage.

 It is in this background that we propose the following condition in the marriage contract which provides for some financial compensation for the wife if the husband initiates the divorce.If the husband initiates the divorce, then the husband will give to his wife one-forth (or

one-third or half*) of all the possessions that he acquired during the marriage period. In case of dispute about the cause for divorce, the Shi‘a Ithn.-‘ashari religious authority (the resident ‘.lim or the marriage committee or the arbitration board) will determine whether the divorce was initiated by the husband or the wife. * One-forth or one-third or half are various options that both parties can agree upon.Such a condition will hopefully discourage some brides from asking for exorbitant amount in the deferred mahr as a financial security. Let the mahr be a true consideration from the groom to the bride, and not a financial security certificate for after divorce.Muslims, women and men alike, must realize that getting anything from one’s spouse in form of spousal support or alimony through civil courts will not make it legitimate from the religious point of view. It will be considered ghasbi, usurpation.Such spousal support or alimony can become religiously legitimate only if the issue of division of property was included in the Islamic marriage contract. It must be clarified that the issue of child support is different from the spousal support issue: a father is still responsible for providing for the child even when the mother has the custody.

Other Remarks on Optional Conditions:

Although we do not encourage intra-faith marriage (i.e., marriage of a Shi‘a Ithna-‘Ashari to a Muslim from other sect), if a Shi‘a Ithna-‘Ashari lady decides to go through such a marriage, then, it is essential to get the right of divorce “if she or her children will not be allowed to practice the Shi‘a rituals and rites.”

Question: Are these optional conditions only valid if they are added to the ‘aqd at the time of marriage or can a couple write up such an agreement even after the marriage? Would such an agreement be valid from religious perspective?

Answer: Yes, any couple who agree on such or other conditions —as long as those conditions do not contravene the shari‘a— can write such an agreement and that will be as valid as a contract signed at the time of the marriage.

A final note: The issue of optional conditions can be very sensitive —more so since it is not common in our communities— therefore, it is absolutely important to discuss and study the issue much before the actual marriage and not at the time of marriage ceremony.

For a sample of the Islamic Marriage Contract, you may refer to www.jaffari.org.In a famous hadith, `Umar ibn Hanzalah asked Imam Ja`far as-Sadiq (peace beupon him) about the legality of two Shi‘as seeking a verdict from a non-Muslim judge in a dispute over a debt or a legacy. The Imam’s answer was that it was absolutely forbidden to do so. Then Ibn Hanzalah asked what the two should do, and the Imam replied: “They must seek out one of you who narrates our traditions, who is versed in what is permissible and what is forbidden, who is well-acquainted with our laws and ordinances, and accept him as judge and arbiter, for I appoint him as judge over you. If the ruling which he based on our laws is rejected, this rejection will be tantamount to ignoring the order of Allah and rejecting us is the same as rejecting Allah, and this is the same as polytheism.”


Wedding Night Aamaal

1.     It is written in Behaarul  Anwaar that Imam Muhammad bin Ali al-Baqir (a.s.) said:

After nikah (marriage) when the bride and bridegroom come into their house, both should pray two rakat salat. Then they should say salawat and all those who have come with them should also say salawat.

Then the bridegroom should recite the (following) dua and in the end of dua all who are there should say aameen:

اَللّٰهُمَّ ارْزُقْنِيْ إِلْفَهَا وَ وُدَّهَا وَ رِضَاهَا وَ أَرْضِنِي بِهَا وَ اجْمَعْ بَيْنَنَا بِأَحْسَنِ اجْتِمَاعٍ ٍ وَ أَسَرِّ ائْتِلَافٍ فَإِنَّكَ تُحِبُّ الْحَلَالَ وَ تُكْـرِهُ الْحَرَامَ.

Allaahummar-zuqnee ILFAHAA wa wuddahaa wa rEzaahaa wa ArzEnee bEhaa wajma’ baynanaa bE-ahsanij tEmaa-I’n asarre telaafin Fa-innaka tohibbul halaala wa tukrehul haraama.

O my Allah, bless me with her love, friendship and readiness to please (me). Let me also be always ready to please her. Keep us together and let it be the best togetherness, and let us always compensate each other easily; verily, You like the lawful and dislike; the unlawful.

2.     It is narrated from Imam Jafar al-Sadiq (a.s.) that on wedding night, when the bridegroom goes to his bride, he should sit facing qibla, put his right hand on the forehead of the bride and recite the following dua:

اَللّٰهُمَّ بِأَمَانَتِكَ أَخَذْتُهَا وَ بِكَـلِمَاتِكَ اسْتَحْلَلْتُهَا فَإِنْ قَضَيْتَ لِي مِنْهَا وَلَدًا فَاجْعَلْهُ مُبَارَكًا تَقِيًّا مِنْ شِيْعَةِ آلِ مُحَمَّدٍ وَ لَا تَجْعَلْ لِلشَّيْطَانِ فِيهِ شِرْكًا وَ لَا نَصِيْبًا.

ALLAAHUMMA BE AMAANATEKA AKHAZTOHAA WA BEKALEMAATEKAS TAHLALTOHHAA FA-IN QAZAYTA LEE MINHAA WALADAN FAJ-A’LHO MOBAARAKAN TAQIYYAN MIN SHEE-A’TE AALE MOHAMMADIN WA LAA TAJ-A’LISH SHAYTAANE FEEHI SHIRKAN WA LAA NASEEBAN.

O Allah, by Your (declaration of) security I have taken her, and through Your words I have regarded her as lawful (for me). If you decree a child for me from her, then make him blessed, god-fearing, from the Shia of AhIul Bayt, and do not give Shaytan a part and a share in him.

Temporary Marriage- Muta

A Book on Temporary Marriage in Islamic law    

Muta procedure