Marriage In Islam
The original meaning of the word nikah is the physical relationship between man and woman. People also use it secondarily to refer to the contract of marriage in Islam, which makes that relationship lawful. The context in which it is used determines which of the two meanings is intended.
The simple definition of marriage in fiqh is: “A contract that results in the two parties physically enjoying each other in the manner allowed by the Shari’ah.” This definition focuses on only one aspect of the marriage contract.
Muhammad Abu Zahrah defines marriage as: “The contract results in the man and woman living with each other.” They support each other within the limits of their rights and obligations.
Ibn ‘Uthaimin (‘Uthaymin) takes an even more comprehensive view of the institution of marriage. He says: “It is a mutual contract between a man and a woman whose goal is for each to enjoy the other, become a pious family and a sound society.”
The Purpose and Goals of Marriage
A Muslim should undertake marriage only after understanding all that Allah has prescribed. First, they must comprehend the rights and obligations in marriage. Then, they should grasp the wisdom behind this institution. Therefore, people should not rush into marriage but approach it with full understanding.
The Purpose and Wisdom Behind Marriage in Islam
Nearly all peoples and all societies practice marriage in some form, just as they practice business (buying and selling). ‘Umar ibn Al-Khattab used to expel people from the marketplace in Medina who were not knowledgeable of the fiqh of buying and selling.
Likewise, a Muslim should not engage in marriage without understanding its purpose in Islam. They must also understand the rights and obligations that marriage brings.
One of the principles of Islamic Jurisprudence says that: “People consider the default state of all things to be lawfulness until evidence shows otherwise.” Based on this, If people discover new foods, they consider them lawful. They only make a food forbidden if it has a specific reason or attribute that makes it so.
Relations between men and women do not follow this general principle and in fact are opposite to it. The principle is that: “Men and women cannot have relations until evidence shows otherwise.” Procreation (Children) One of the most important purposes of marriage in Islam is to continue and increase the population of the Muslims.
Clearly, people could achieve this goal without marriage, but when they undertake actions in disobedience to Allah. They do not receive His blessing, and the whole society becomes corrupted. The Prophet (peace and blessings be upon him) said: “Marry, for I will outnumber the other nations by you on Qiyama.” [Ibn Majah – Sahih]
The Role of Marriage in Procreation and Societal Growth
The goal is not simply to produce any child who will live in the next generation. It is to produce righteous children who will be obedient to Allah and who will be a source of reward for their parents after they die.
The Prophet (peace and blessings be upon him) will not boast about children of Muslim parents who left Islam on the day of Qiyama. So, Muslim parents must ensure their children receive the right training and education. This will help them not only grow but also succeed as Muslims who worship and obey Allah.
This obligation may include migration (hijrah), establishing of Muslim communities and schools and other obligations. As the scholars have said in another principle of fiqh: “That without which an obligation cannot be fulfilled is itself obligatory.”
Pleasure
Islam is the religion of the fitrah, the religion which is consistent with the natural instincts and needs of mankind. It is not like the man-made (of modified) religions which set unnatural constraints on people. These religions impose self-inflicted prohibitions on marriage, such as for nuns and monks. They also impose prohibitions on divorce or monogamy.
Men are inclined toward women and women are inclined toward men. Marriage in Islam is the institution which fulfills this desire and channels it in ways pleasing to Allah Most High. Allah mentions this attraction: “The love of the desires for women, sons, … has been made attractive to people.” [Noble Quran 3:14]
The Messenger of Allah himself made clear that the attraction between the sexes is natural and we cannot deny it or suppress it . Instead, people must channel it in ways pleasing to Allah Most High. He said: “Women and perfume have been made beloved to me of this world of yours and my peace of mind is in the prayer.” [Ahmad & others – sahih]
The desire of men and women for each other is an urge which needs to be fulfilled. If it is left unfulfilled, it will be a source of discord and disruption in society.
For this reason, the Prophet (peace and blessings be upon him) ordered all men who are capable of meeting the responsibilities of marriage to do it. And said: “Whichever of you is capable should marry for it will aid him in lowering his gaze and guarding his body (from sin). As for the one who is not capable, fasting is his protection.” [An-Nasa’i – Sahih]
The Ruling Concerning Marriage
Different Rulings for Different Cases? What is the status of marriage in the Shari’ah? Is it obligatory or merely allowed?
The Hanafi Perspective on the Obligatory Status of Marriage
Some Hanafi scholars have broken this question into different cases. If a person feels certain that he will commit something forbidden without marriage and has the financial ability, marriage becomes fardh for him.
Furthermore, If a person can marry and treat his wife properly, and fears committing unlawful acts, marriage becomes wajib for him. And If a person cannot marry due to financial or physical reasons, or feels certain he will not treat his wife properly, marriage becomes haram for him.
Then, if a person has the means to marry, but feels strongly that he will not treat his wife properly, marriage in his case is makruh (disliked). If a person has the means to marry and fears neither mistreating his wife nor committing unlawful acts, marriage becomes mustahab for him. “People widely regard this last opinion as the ‘default’ (al-asl) ruling in this question. i.e., Generally speaking, people prefer marriage, but only make it obligatory, forbidden in exceptional cases. Since the man is normally the one who goes looking for a spouse and proposes to her family, etc., these discussions normally focus on him.
The Dhahiri Opinion: Marriage as an Individual Obligation
Every point in the above discussion, however, applies to women equally as it does to men. The Dhahiri (Literalist) Opinion In the Literalist school of thought, marriage in Islam is considered fardh ‘ain – an absolute and individual obligation.
Among the evidence they cite are the following verse from the Quran and hadith of the Prophet (peace and blessings be upon him): “And marry off the single among you and among the righteous of your male and female slaves. If they are poor then Allah will supply their needs from His generosity. And Allah is expansive, knowing. (32) And let those who do not find marriage hold back until Allah grants them of His generosity.” [Noble Quran 24:32-33]
The following hadith of the Prophet (peace and blessings be upon him) seems to be a blanket “order” to all those with the capability to get married. “O young men, whoever among you has the ability, let him marry.” [Bukhari & Muslim]
Conclusion:
Concerning the Ruling of Marriage
The opinion that marriage is – overall – preferred (mustahab) seems to be the strongest opinion.
Ibn ‘Uthaymin further points out that if a person desires to be married, it becomes even more important.
He said: “Marriage in the case of desire for such is preferred over superogatory acts of worship. Due to the many good results and praiseworthy effects it has.”
Also, it is clear that there is a collective obligation (fardh kifaya) on the Ummah. As a whole to promote, defend and facilitate the institution of marriage. If marriage suffers from neglect or high dowries, people will postpone it. The Ummah must come to its aid and ensure that as many people as possible live within marriage.
If Muslims have too many single women due to the abandonment of polygamy, Muslims must address and correct this situation. This is all clearly based on the command of Allah in the verse which starts out: “And marry off the single among you…” [Noble Quran 24:32]
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