Kind: captions
Language: en
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But fordul.
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Marriage is
a relationship between two
and hence
there has to be a contract.
So what is the marriage contract?
A marriage contract is
a contract between the man and the woman
which is usually
represented by a guardian.
And it has two pillars as the scholars
stipulated. Number one, definitely the
presence of two
individuals, a male and a female,
who must
have no obstacles
that are
legislative
and religious that prevents them from
being engaged.
such as such as they're not brothers and
sisters.
They can't marry if they are brothers
and sisters. Definitely.
Such as they can't marry if one of them
is dead.
There they have to be present. They have
to be alive
and the likes.
The second pillar of a marriage contract
is the proposal and the consent.
And the proposal takes place from the
guardian where he says, "I give you my
daughter in marriage." And the consent
or the acceptance would be from the
groom who said, "I accept marrying her
for myself."
And
this of course has a number of
things that come or fall underneath it.
For example,
the proposal
has to be with the approval of the girl
as we will come and discuss this later
on inshallah.
The acceptance
has to be from the person getting
married or whomever he authorizes.
So he might be in a far away place or a
country
and cannot attend. So he authorizes his
father to accept his brother etc. And
this is all valid and uh um permissible.
The marriage takes place
with whatever people acknowledge.
Some schools of thought say it has to be
in the Arabic form
and they say if you say other than these
two words is invalid.
The most authentic opinion is that it
can be in any language.
It can be in any word
that people understand
that this is a proposal.
I give you my daughter. I marry my
daughter to you. You can take my
daughter's hand in marriage. Whatever
that people all understand that this is
a form of giving his daughter in
marriage. This is fine.
Now there are four
conditions
for the marriage to be valid
and these four conditions are as
follows. Number one,
the wife and the husband must be
identified.
Number two,
the consent of the woman.
Number three, the presence of a
guardian.
Number four,
to have witnesses.
Two witnesses to be specific. And some
scholars say to announce.
So first of all
we have to identify
the spouses.
A guardian a father who has
two daughters or more
cannot say to the person proposing I
give you my daughter in marriage. And
the man says, "Oh, I accept."
And after the contract is signed and
finalized,
the man wants to consummate the
marriage. And
this is not the one I married.
Yeah, this is Khadijah. Yeah, but I was
aiming at Fatima.
Well, tough luck. This is the one I
wanted to give you in marriage, but this
is not the one I wanted to marry. So
it's not enough to say I give you my
daughter in marriage. You have to
identify.
So you have to say I give you my
daughter Khadijah in marriage. I give
you my sister Khadijah in marriage
because I could have a sister and a
daughter. Which one? I just I don't say
I give you khadijah in marriage and I
have to no I have to identify
beyond ambiguity so that everything is
crystal clear and likewise the man who
is marrying her who is he
the representative says I accept the
marriage of khadijah to my son which son
oh we had in mind Abdullah
well okay it's Okay, no problem.
Abdullah Muhammad, they're all the same.
No, this has to be clarified without any
form of ambiguity. Number two, the
consent of the woman.
And why is that? Because the prophet
said,
"A previously married woman
must not be given in marriage without
being consulted."
Someone who's a divorcee, someone who's
a widow,
she has to be consulted.
Uh, someone proposed to you, Ahmed
proposed to you. He's a good boy. He
prays in the masid. He has a good job.
He's good-looking. What do you say? She
has to answer and say, "I accept."
Because she's not a virgin anymore.
She's not someone who's bashful or
inexperienced.
And the prophet saysam and a virgin is
not given in marriage without being
asked.
So her approval
is essential. Her acceptance is
essential. In another hadith the prophet
said and her appro her her approval is
to be silent. meaning out of bashfulness
she looks down and she doesn't say
anything. She doesn't object. She
doesn't reject.
That's her consent.
And
this issue
might be very easy to understand for us.
However, in some rural countries, rural
areas, this might not be the case. And
we hear of forced marriages.
In some countries their parents force
their daughter to get married though she
errors and announces her refusal
and they don't pay any attention and
they force this is haram and the
marriage is invalid.
You are pushing her to commit zena
because without her consent the marriage
is invalid. The third condition is to
have a guardian.
So the prophet said this in a crystal
clear hadith. There is no marriage
without a guardian.
No marriage without a guardian meaning
no marriage valid without a guardian.
And this is what the majority of
scholars have said
with the exception of the school of
thought of Abu Hanifh whom his own two
students
opposed that opinion
because of the hadith. They said we
can't go against this hadith. The hadith
is crystal clear. But that was his
opinion. May Allahel have mercy on him.
And the vast majority of scholars went
against that opinion. And the prophet
also said, "A woman must not give
another woman in marriage." How is that
done? Lots of women
don't have a guardian, don't have a
father. So her mother acts as the
guardian. And we see this in western
countries
and some other Islamic countries where
the woman comes, the mother comes and
she gives her daughter in marriage. This
is not permissible.
And in some other countries, a woman
herself gives herself in marriage as if
she's buying a car. She says, "I can buy
a car with my own money. How can I uh uh
uh how can't I marry myself? Doesn't
make sense." Subhan Allah. The hadith is
crystal clear. You're a Muslim.
So these things are a
problem problem in so many cultures that
are not established and raised upon
following the Quran and the Sunnah. And
the prophet said
in an authentic hadith, any woman who
gets married without the permission of
her guardian, her marriage is invalid.
Her marriage is invalid. Her marriage is
invalid. He repeated this three times.
Wasam and the guardian
has to have a sound mind.
He shouldn't be insane.
He has to be an adult. He can't be a
child. He has to be male. As stated in
hadith, he cannot be a woman or a
female. And he has to be a person of a
good character. He can't be someone who
goes to nightclubs and bars and has no
problem with his daughter going out with
other men on dates
as an experiment before marriage. No,
this kind person can't be a uh guardian.
He has to be mature in thinking.
Someone who rejects all those who
propose to his daughter. Why? I don't
want her to get to get married. I want
her to work and spend on me and her mom
and her siblings. I don't want her to
leave the house. I need her to serve us.
Of course, this is not Yeah. Someone who
is worthy of being married, of being a
guardian because he doesn't care about
the best of interest of his daughter or
of his sister. And this is something
that
is well established in the Sharia in the
what about the dowy?
The dowy
is not a condition in marriage.
A lot of women call me and say I got
married 5 years ago, 10 years ago and my
husband did not pay me the mahar the
dowy. No, the dowy is not a condition.
It's
something that is accompanied
and it's one of the women's rights, but
it has no impact in the validity of the
marriage. And
if a woman got married and her husband
did not give her mahar, that's a debt on
her on him to her. He has to pay it off.
What? What if if he did not name a mahar
and there's a dispute?
She says, "I want 100,000." He says,
"No, I was thinking of 10,000." And the
marriage is already consumated. Now they
have a dispute. What is to be done? We
go to the Muslim judge or the authorized
imam of the Islamic center and he
decides what's the common accepted mahar
in the community. So he says it's about
$15,000,
$20,000 and then the husband is forced
to give it to his wife. Allah says in
the Quran, "And give the women upon
marriage their bridal gifts graciously."
So this is a must to be given to the
wife to
honor her and to show uh respect and the
importance of this marriage contract. So
it is not a condition,
it is not a pillar in marriage but it is
her right to have
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Academy.
We will
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