Saturday, 6 April 2013

What Is Marriage In Islamic Law?

Introduction:
Considered juristically, marriage in islam is a contract and not a sacrament. There are three aspects of marriage in Islamic Law which are necesssary to understand the institution of marriage as a whole. It is contract and not sacrament. It has three features,

  1. There can be no marriage without consent.
  2. And in a contract provisions in made for its breach, the various kinds of dissolution by acts of parties or by operation of law.
  3. Terms of marriage contract are within legal limits capable of being altered to suit individual case.
In Islam a definite high school status to women is given after marriage and there are restrictions on unlimited polygamy and allowed controlled polygamy.

Definition:
"Marriage is religious legal contract that regularizes sexual relationship between men and women, established the linage of their progeny and created civil rights and obligations between them, which has for its object protection and legalization of children"

Object As Cited By Ameer Ali:
Marriage is an institution ordained for the protection of society and in order to human beings may guard themselves from foulness and unchastity and legalization of children
Saying of HOLY PROPHET (PBUH):
"THE MAN WHO DOES NOT MARRY IS NOT ONE OF MY FOLLOWERS"

Extract From Quran:
"BELIEVERS DENY NOT TO YOURSELF THE PLEASURES WHICH GOD HAS DECLARED LAWFUL"

Nature Of Marriage:
In Islam marriage is a civil contract.





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