Translation Of Miftah Li Bab al-Nikah

FOREWORD

 

The compiler of the book al-Habib Muhammad bin Salim bin Hafizh

 

In the name of Allah, the Most Compassionate, the Most Merciful, Praise be to Allah, the Lord of the Worlds. May His peace and blessings be upon our leader Prophet Muhammad, the Seal of the Prophets and Messengers, and upon his family, companions and followers. Some of my friends and relatives asked me to compile the things that people who are doing marriage contracts should know from the things that are commonly done according to sharee’ah based on the madhhab of Imam Shafi’i (r.a.), so I accepted their request. I have written these sheets under the name :  AL-MIFTAHU LIBABIN NIKAH  In the hope that Allah will make the preparation of this book solely sincere to Him. Amen.

 

NIKAH

 

DEFINITION OF MARRIAGE

Nikah, according to the language, means union and intercourse. According to Sharia, it is an agreement that makes it permissible to have intercourse with the word nikah or kawin or its translation (translation of nikah or kawin only).

 

PILLARS OF MARRIAGE

 

There are five conditions for the validity of marriage, namely:

  1. Husband
  2. Wife
  3. Guardian

4, Two witnesses

  1. Aqad (Sighat).

 

DUTIES OF THE PERSON PERFORMING THE MARRIAGE CONTRACT

 

What should be done by the person who performs the marriage contract, if he is asked to perform the marriage contract, whether he is the guardian or the representative of a pure guardian, among others:

 

Before performing the marriage contract, he should ask a number of questions, including: Inquire about the condition of the prospective wife, whether she is a virgin or a widow.

 

What is meant by virgin is a woman who has not lost her virginity due to intercourse, such as because she has never been fucked at all or has lost her virginity without being fucked, such as due to falling or heavy menstruation.

 

As for widows, they are women who have lost their virginity through intercourse, either in a halal or haram way or in a syubhat (vague / which is not ruled halal or haram) way.

 

If the woman is a virgin, then only her father or grandfather can marry her off by force, even if she has not reached puberty, and other guardians (such as brothers or uncles) are not allowed. The marriage is valid on the following conditions:

 

  1. The prospective husband must be kufu’ kafa’ah (equal) to the prospective wife.

 

  1. He must be able to pay the mahr mitsil.

 

  1. There is no enmity between the prospective husband and wife either physically or mentally.

 

  1. There is no real / clear hostility between the prospective wife and her guardian.

 

If the above conditions are not met then the marriage is not valid. If the conditions are not met, the marriage is not valid, and the dowry is not less than the mahr mithil, and the dowry is to be given on the spot in accordance with the prevailing currency in the city.

 

If the woman does not have a father or grandfather, then it is not permissible for other guardians (such as uncles, brothers, etc.) to marry her. Unless she has reached the age of puberty and obtained his permission. This permission is fulfilled by her silence.

 

If the woman to be married has reached puberty, it is Sunnah for the father or grandfather to ask her permission.

 

If she is a widow, he should ask her if her husband has died or divorced her.

 

If he has died, he should ask about the time of his death, so that he can find out the end of her ‘iddah (waiting period during which she cannot marry). The ‘iddah of a woman whose husband has died is until she gives birth if she is pregnant. But if she is not pregnant, her ‘iddah is four months and ten days for a free person and two months and five days for a slave.

 

If she is divorced by her husband, the one who is going to make the marriage contract should pay attention to the wording of the divorce and check whether it is valid or not. He should find out whether it is a khulu’ divorce (for which the husband receives a reward) or a raj’i divorce.

 

In addition, he must examine whether or not the woman was divorced after she had sexual intercourse with her first husband. If the first husband had already had intercourse with her, he should ask about the completion of her ‘iddah, whether it is by guru’ (three chastity periods) or by months.

 

CONCLUSION

 

It is not permissible to enter into a marriage contract unless it is absolutely certain that the prospective wife is not in a marital relationship and is not in the iddah period, and is free from all things that prevent the validity of marriage. Meanwhile, the conditions for the validity of hikah with a widow are if he has reached puberty and asks permission from the widow and is permitted through speech to her guardian to marry her, even if the guardian is his own father or grandfather.

 

 

 

WALI NIKAH

 

GUARDIANS OF MARRIAGE WHO ARE MOST ENTITLED TO GIVE IN MARRIAGE

 

The guardian most entitled to give in marriage is the biological father, then the grandfather (father’s father) and above. Then a brother who is one-mother (biological), then a brother who is one-mother (biological), then a brother who is one-mother (biological). Then the sibling’s son, then the sibling’s son and so on downwards. Then the uncle (father’s brother) as a brother, then the uncle as a father. Then the son of a biological uncle, then the son of a paternal uncle and so on downwards. Then the father’s uncle, then his son (the son of the father’s uncle) and so on downwards. Then the grandfather’s uncle and his son and so on downwards. Then his paternal uncle grandfather then his son (his paternal uncle grandfather’s son).

 

This is the order of all the asobahs with the siblings taking precedence over the fathers only.

 

If there are no nasab asobahs at all, then the guardian mut’tiq (who has freed him) and after that the asobah mu’tiq in the order as above. Then the mu’tiqul mu’tiq. Then the asobah. Then the judge or his representative (KUA official).

 

Ruling when the marriage guardians are of equal rank

 

If the marriage guardians are of the same rank, such as several brothers who are brothers or fathers or uncles, then the one who has the right to marry her among them is whoever gets permission from the prospective wife to marry her. If the woman gives permission to all of them, then the guardians must come together to marry her, or one of them or someone else may give her permission.”

 

If each of them has permission to marry her off, then all of them may perform the marriage contract even without the permission of the others.

 

CONDITIONS OF MARRIAGE GUARDIAN

 

The conditions of a marriage guardian are:

 

The guardian must be a Muslim if the woman he is marrying is a Muslim, must be of age, of sound mind, free, understanding and just.

 

If one or more of these conditions are not met, then that person is not entitled to be a guardian and his rights move to the next guardian or a guardian of a lower rank if there is no guardian of the same rank.

 

One of the conditions of a guardian is that the guardian should not be compelled to do so and should not be senile, because of old age or sickness. He should not be in ihram for Hajj or ‘Umrah. Based on that, it is not valid for a person who is in ihram to marry her or to delegate her to someone else, even if he is not in ihram. Also, guardianship does not transfer because of ihram to a subsequent guardian (below his rank), rather it transfers to the judge or the judge’s deputy (KUA official).

 

The things that prevent the validity of guardianship are listed in the words of Ibn Imad:

 

Ten things that deprive the person of guardianship: The disbeliever, the wicked, and the lesser of two evils; the slave; the persistently insane or senile; the dumb; the closed answer; the lack of reason; the sick; the ignorant; the uninstructed; and the dumb.

 

10 things that cause the right of marriage guardian to be transferred

 

to a lesser wali (in order of guardianship):

 

  1. If the close guardian is a disbeliever.

 

  1. If the close guardian is a disbeliever. However, Imam Nawawi and others are of the view that guardianship remains with the wicked person if guardianship will be transferred to a judge who commits similar or more wicked acts than those committed by the wicked guardian.

 

  1. If the guardian is a child or has not reached puberty.

 

  1. If the guardian is a slave.

 

  1. If the guardian is continuously insane. If the period of insanity is short, such as one day in a year, then he should wait for her to wake up. If the period of insanity is intermittent, then when he comes to his senses he has the right to marry her, but at the time of his insanity the right of guardianship passes to the next guardian.

 

  1. If the guardian suffers from khobal. Khobal, pronounced with the sukun letter baa ( ) or fathomed, means the loss of the mind (senile dementia), whether it is innate or caused by other causes, so guardianship passes to ab’ad.

 

  1. If the guardian is mute and cannot sign or write in a way that can be understood. If he can sign or write something that he understands, then his guardianship does not transfer, but he appoints another guardian to act on his behalf.

 

  1. If the guardian lacks intelligence, also known as ma’tuh ( ) or idiot. Ma’tuh is indicated by the nadzim by saying ( ). If the nadzim had said ( ) instead of ( ), it would have meant that ( ) (a fool who is prohibited from spending his money) cannot be the guardian of his child’s marriage, but his guardianship is transferred to a lesser guardian. It is sufficient and the phrase ( ) is similar to the phrases ( ) and ( ).

 

  1. If the guardian is of unsound mind (senile dementia).

 

  1. If the guardian is an idiot who cannot distinguish between kufu’ (equal) or not. As for the words nadzim wa abkam ( ) (dumb) from the completion of the verse only because the word abkam is similar to akhros ( ) as explained earlier. All of these descriptions transfer the guardianship of marriage to a more distant guardian.

 

CAUSES FOR THE JUDGE TO BECOME A WALI OF MARRIAGE

 

The judge can be the wali of marriage. The judge in this case is the ruler or his deputy, be it the minister or Modhi or the head of the KUA with 20 reasons as compiled in the hazhom of Imam Abdurrahman bin Abi Bakar bin Muhammad As-Suyuthy which he then elaborated clearly as below:

 

There are 20 reasons for which the judge becomes the guardian. The absence of the guardian, the disappearance of the guardian, the unwillingness of the guardian, the departure of the guardian.

 

The absence of the guardian, the disappearance of the guardian, the unwillingness of the guardian, the departure of the guardian, the absence of the guardian, the guardian’s wish to marry her, or her minor child or grandchild, and the guardian cannot force him to do so (guardians other than the father and grandfather or those who do not meet the conditions of permission), and the wife is not his grandchild. A slave girl belonging to a person who is not allowed to spend his property and a madwoman who has no father or grandfather who needs marriage. A female slave belonging to a roshidah (a woman who is allowed to spend) who does not have a guardian, a baitul mal slave, and a slave who is endowed if there is no danger.

 

A Muslim female slave on whom freedom is dependent, or a slave who is promised freedom upon the death of her master, or a slave who is promised freedom on payment of two fees, or a slave who is the mustaulad of a disbeliever. First cause: The judge becomes the guardian if there is no guardian. This is the case where there is no wali at all or no wali according to sharee’ah. For example, there is a guardian who is entitled to give her in marriage, but there are reasons that prevent him from being a guardian, such as being a child or insane, stupid or the like, and there is no other guardian of lesser status. The second reason is that the guardian has disappeared and it is not known whether he is dead or alive.

 

The third cause is the guardian’s being in ihram, whether for Hajj or ‘Umrah, whether it is valid or not (such as if it is interrupted by having intercourse during Hajj or ‘Umrah).

 

The fourth reason is the refusal of the guardian. It is haraam to refuse to act as a guardian or to perform the marriage after a woman who is of sound mind has asked him to marry her off to a suitable husband. The guardian who refuses should state his unwillingness to perform the marriage in front of the judge, with evidence or by stating the reasons for his unwillingness, after the judge has ordered him to do so.

 

The fifth reason is that the guardian has traveled to a place where it is permissible to make up the missed prayers. But if it is less than the distance of the gashar, the guardian’s permission must first be obtained.

 

The sixth reason is that the guardian is imprisoned and cannot be seen. If it is permissible to meet him, then the guardian should delegate the marriage to someone else, or the guardian should marry her in prison.

 

The seventh reason is the concealment of the guardian when asked to perform the marriage.

 

The eighth reason is the reluctance of the guardian to perform the marriage. This means that when the guardian is asked to perform the marriage, he promises to be present, but when he arrives he does not fulfill his promise and does not clearly refuse. In this case, the marriage guardian should be ratified by the judge, based on evidence.

 

The ninth reason is the marriage of the guardian. That is, if the guardian who is entitled to marry the woman for himself, such as the daughter of his uncle, but there is no guardian closer to him or of the same rank. The way to do this is that the guardian only gives consent to the marriage and the judge is the one who marries her.

 

The tenth reason is if the guardian wants to give the woman in marriage to his minor son and there is no guardian closer to him or of equal status. The method is for the guardian to grant the marriage to his daughter, and the judge is the one who gives her in marriage,

 

The eleventh reason – if the rightful guardian wants to marry the woman off to his grandson (son of a son) and he is not a mujbir guardian. If the guardian is a wali mujbir, such as the wife-to-be (the daughter of another son), then the guardian should be the one to give the marriage contract (he should give the marriage contract and she should accept it).

 

The twelfth reason is a slave girl whose owner is mahjur ‘alaih (not permitted by sharee’ah to deal with her property) and she has no father or grandfather. For the sake of expediency, her guardian is the judge, and if her guardian is ignorant, then the judge may marry her with the permission of the ignorant guardian.

 

Thirteenth cause – a mad woman who has reached puberty and needs to marry, and she has no father or grandfather, the judge is the one who marries her.

 

Fourteenth cause – a slave girl belonging to a roshidah (woman who is permitted by sharee’ah to deal with her property) who does not have a guardian, or the roshidah does not have a guardian, the judge is the one who marries her with the permission of the owner.

 

Fifteenth reason – a slave girl of the baitul mal, whose guardian is the judge with her permission.

 

The sixteenth cause – a slave girl who has been endowed, so the judge is the one who marries her with the permission of the person who arranged the endowment.

 

Seventeenth cause – a Muslim slave who is owned by a disbeliever, if his freedom is dependent on some characteristic (such as entering a house).

 

Eighteenth cause – a Muslim slave owned by a disbeliever.

 

Nineteenth cause – a slave who is a mukatabah Muslimah owned by a disbeliever.

 

The twentieth reason is that a mustauladah slave belongs to a kaafir if he converts to Islam, and a Muslim slave belongs to a kaafir even if she is a pure slave.

 

Based on the above, these are the twenty cases in which the judge or his deputy can be the guardian of the marriage.

 

 

 

 

 

TWO WITNESSES TO THE MARRIAGE

 

The second requirement for witnesses to the marriage is that they should be able to see, hear, speak and understand the language spoken by the guardian and the husband-to-be (mutaaqidain) in performing the marriage contract.

 

Among the requirements of a witness are: not being senile and not requiring him to be a guardian. If he is required to be a guardian, such as a father or brother who is only one, but he delegates someone else to do the marriage contract and he (the father’s guardian or brother) is present as a witness, then the marriage contract is not valid, even if the father or brother is qualified to be a witness (because he must be a guardian, not a witness). If two witnesses are not available, or one of them is not qualified to be a witness, then the marriage is not valid.

 

It is permissible for a marriage to be witnessed by two of the husband’s or wife’s children or two of their enemies. It may also be witnessed by people whose fairness is not known, such as if the witnesses are well known or are not known to be wicked.

 

 

 

HUSBAND

 

The conditions of the husband are that he is not forced to do so, that he is a pure male, that he knows his wife’s name or person, that he is not in the state of Ihram for Hajj or Umrah, that there is no mahram relationship between the husband and wife (either a permanent mahram or a mahram due to mushoharoh), and that the husband may delegate someone else to accept the marriage on his behalf.

 

 

 

MAHRAM

 

FOREVER MAHRAM

 

There are 18 (eighteen) permanent mahrams. 7 (seven) of them are from nasab. As mentioned in the word of Allah : Forbidden (for marriage) to you are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, and the children of your brothers (nephews) and the children of your sisters.

 

And seven from the relationship of rodho’ (breastfeeding), namely the breastfeeding mother and her child, brother, aunt (sister of the breastfeeding father), aunt (sister of the breastfeeding mother) and her niece (the child of the breastfeeding mother’s sister).

 

In addition, there are 4 (four) from marital relations, namely: his wife’s mother, his wife’s child (from another husband) if he has a relationship with his mother, then stepmother and his wife’s child.

 

MAHRAM WOMEN BY REASON OF MARRIAGE

 

A mahram is any two women who are related by blood or breastfeeding; if one of them is a man and the other a woman, then they cannot marry, just as two sisters cannot marry, and neither can a woman and her aunt (father’s sister) or aunt (mother’s sister). So if a man marries a woman, it is not permissible for him to marry her sister until he is separated from his first wife, then it is permissible for him to marry his ex-wife’s sister. This may be due to the death of the wife or a divorce that is ba’in, or a raj’i divorce, but the ‘iddah (waiting period) has expired, which is a condition for a divorce that can be revived. 

 

 

 

 

WIFE

 

The requirements of the prospective wife are that she is a woman (pure), certain (the candidate is clear) and not in ihram (either Hajj or Umrah), not in a marriage bond with another man and iddah other than the prospective husband (who proposes), not a wife who has been li’an (sworn li’an), not the fifth wife if the husband is free and not the third if the husband is a slave.

 

If the wife-to-be claims not to be in a state of marriage or iddah, then her statement is accepted, and her guardian, whether a special guardian (father or otherwise) or a general guardian (KUA), may give her in marriage on the basis of her statement. But if the wife-to-be states that she used to be someone’s wife and was divorced or that her husband is dead, then this statement cannot be relied upon by the general guardian (KUA) except with a witness, but the special guardian may rely on this statement.

 

MULTIPLE WIVES (POLYGAMY)

 

It is permissible for a free man to marry four wives and for a slave to marry two wives. If a free man marries five or more wives consecutively (one after the other), then the fifth wife and so on are invalid. If he marries five or more women in one marriage contract, then all of them are invalid.

 

 

 

 

LAFAZ NIKAH

 

CONDITIONS OF THE MARRIAGE CONTRACT (IJAB AND OABUL)

 

The conditions of the marriage vow are as follows:

* The words ijab and gabul should not be separated by words that have nothing to do with marriage.

* There should not be a long silence between the words of consent and acceptance.

* The ijab and gabul should be consistent in meaning.

* It should not be specific (dependent on something).

* It should not be delayed.

* He should pronounce it in a voice that can be heard by those who are nearby.

“His expertise remains until the consummation of the marriage contract.

* Using the words tazwij (marriage) or inkah (marriage) and not other than these words. But it is permissible to translate the words tazwij or inkah (marriage), provided that the guardian and the husband-to-be and the two witnesses understand them. It is not valid to marry with words other than inkah and tazwij, and their translations.

 

MARRIAGE BETWEEN A FREE MAN AND A SLAVE GIRL OR VICE VERSA

 

It is not permissible for a free man to marry a slave (who is owned), this is so that his children do not become slaves too.

 

However, there are four conditions that allow him to marry a slave, namely:

 

* The slave must be a Muslim woman

 

* Fear of committing adultery if not married.

 

* Not being able to pay the dowry if he marries a free woman or not being pleased with the dowry he receives.

 

* He does not have a free woman with whom he can have intercourse. If he buys her, the marriage relationship is broken.

 

As for the male slave, it is not permissible for him to marry a free woman because he is not kufu’ (equal). Unless the free woman is kafa’ah (equal) and her guardian is close to her, then it is permissible for the slave to marry her.

 

 

 

 

MAHR

    all have the same meaning. According to the language, it means something that must be done through marriage. As for the Shari’ah, it means something that is required of the husband-to-be for the wife-to-be. Usually it is by way of marriage or a shady relationship or something like that.

 

Definition of mahr

 

Dowry means anything that can be traded. Whether it is something that is paid or something that is bought, it is valid to be used as a dowry, while what cannot be used as a dowry is not valid.

 

MAHR MITSIL AND MUSAMMA

 

The mithil dowry is the dowry that is desired like a similar person (woman) of equal lineage, virgin and widow.

 

As for musamma, it is something that is mentioned at the time of the marriage contract, whether it is the minimum dowry or more or less than the minimum dowry.

 

It should be noted that mentioning the mahr at the time of the marriage contract is Sunnah, although it may be obligatory in some cases, as mentioned in the major books. If the mahr is not mentioned at the time of the marriage contract, if the wife is not mufawwidhah, then she is entitled to the mahr mitsil by reason of the contract. If she is mufawwidhah, such as by telling her guardian to marry her without a mahr, and the guardian marries her without a mahr, then the mahr is obligatory in one of three ways, namely:

 

* The husband’s stipulation to pay the mahr mithil to the wife when she agrees to the mahr.

 

* If the husband refuses to pay the mahr, or the husband and wife disagree about the amount of the mahr.

 

* If the husband has had sexual intercourse with his wife, and this is the case with the death of one of the two (husband or wife).

 

 

 

 

TALAK

 

Talak, according to the language, means to untie the knot. According to sharee’ah, divorce means to dissolve the marriage relationship with the word talak or its equivalent.

 

KINDS OF DIVORCE

 

Talak is divided into 2 (two), namely:

 

  1. Talak with money (reward) called khulu’,

2, Talak without money (reward).

 

1. DIVORCE WITH COMPENSATION / KHULU’

 

DEFINITION OF KHULU’

 

Khulu’ comes from the word with the fathah letter kho, which means to revoke. According to the Shari’ah, khulu’ means separation in exchange for the money (compensation) in question (in exchange) which returns to the husband.

 

PILLARS OF KHULU’

 

The pillars of khulu’ are 5 (five):

The husband ( ) The utilized ( ), The person who gives the reward, whether the wife, guardian or other person (. ) The reward ( ) and the Lafaz / shighat ( ).

 

As for what is required of the husband is that he be a person who is legally divorced and the condition that what is used (pubic /bud’i) is owned by the husband. If the wife has been divorced by khulu’, which becomes ba’in (the relationship between husband and wife has ceased), then the khulu’divorce is canceled.

 

The condition that the person giving the payment should be someone who is permitted by sharee’ah to spend his wealth. The condition for the payment is that it should be something that can be traded, such as money, clothes, etc., and that it should be known, and that it should come back to the husband and be handed over to him.

 

If she divorces khulu’ with something that is not intended (such as blood) then the divorce becomes a raj’i divorce and the reward is void. If she divorces khulu’ with something that is not clear (unknown) or what is intended is corrupt (not valid for sale), such as alcohol, then her khulu’ is valid, except that the payment changes to the mahr mitsil (not alcohol). If the payment is made to someone other than the husband, then it becomes a raj’i divorce.

 

DESCRIPTION OF KHULU’ DIVORCE

 

The description of khulu’ divorce is like Zayd saying to his wife I divorce you for one thousand dirhams or I divorce you for one thousand dirhams or I divorce you for one thousand dirhams. Then his wife said at once, I accept, or Zaid said to his wife, if you guarantee (give) me one hundred dirhams then I divorce you. Then the wife said, yes, I give (guarantee) you one hundred dirhams.

 

Khulu’ is one of the two kinds of divorce as we all know.

 

2. DIVORCE WITHOUT REMUNERATION

 

Talak without reward is divided into 2 (two), namely:

 

  1. The clear one (clearly indicating the word of divorce)

 

  1. The Kinayah (not clearly indicating the phrase of divorce).

 

LAFAZES THAT INDICATE DIVORCE

 

The words that clearly indicate divorce are all words that do not contain any other meaning other than divorce itself. There are three kinds of these phrases: :  . and all that is separated from these phrases.

  1. Lafaz ( ). Such as: (I divorce you), (you are divorced), (you are divorced), or (O divorced one).

 

  1. Lafaz ( ). Such as: (I separate you), (you are separated).

 

  1. Lafaz (. ). Such as: (I divorce you), or (you are divorced).

 

As for the words and, they are sorih (clearly indicating divorce) if they are accompanied by property after them or by the intention of divorce. Otherwise, they are kinayah (not clearly indicating divorce).

 

LAFAZES THAT ARE NOT CLEARLY TALAKED (Kinayah)

 

A phrase that does not clearly indicate divorce is any phrase that has two possible meanings, either divorce or not, such as what a husband says to his wife:

 

  (go back to your family), (you are not my wife), (your wife is from someone else), (you are separated), (for you divorce), (I am divorced from you), and all similar words.

 

Hence, any word that clearly indicates divorce will result in divorce with that word, whether he intended it or not. Unless he recounts the words of another person or a scholar (teacher of jurisprudence) who described the word divorce. Or the meaning may be reversed to another meaning because of a strong qorina, such as when the wife is bound, so the husband unties the ropes and says: ( ) now you are free (meaning that you are free from the ropes, so the words do not constitute divorce).

 

With regard to words that are not yet clear (kinayah), divorce does not occur by saying them, unless the intention is to divorce.

 

The author of the Book of Zubad said:

 

Any phrase that contains the word divorce or not is called kinayah, and divorce occurs if there is intention.

 

SUNNI DIVORCE AND BID’I DIVORCE

 

Sunni divorce (divorce according to the Sunnah as taught by the Prophet Muhammad) is when the husband divorces his wife during the period of chastity when she has not yet had intercourse with him.

 

Bid’i divorce (unlawful divorce) is when a husband divorces his wife during her menstrual period, or during her chastity period, but he has already had intercourse with her. This kind of divorce is considered valid and the husband is sinful for having divorced her under these circumstances.

 

This ruling applies in its entirety if he has already had intercourse with his wife, and she is not a child who has never menstruated, or an old woman whose menstrual cycle has been interrupted, or a pregnant woman, and she is not divorced in return for khul’.

 

If he has not had intercourse with his wife, then he may divorce her even if she is menstruating, because there is no waiting period. If it is a child who has not yet understood menstruation at all, or an elderly person who has stopped menstruating, then it is permissible to divorce her even if it is during a period of purity in which he has had intercourse with her. If the wife is pregnant or has been divorced in return for khulu’, the husband may divorce her even if she is menstruating.

 

TALAK RAPI AND TALAK Ba’iIN

 

Talak is also divided into 2 (two) parts, namely raj’i talak and ba’in talak.

 

Talak raj’i means that the husband is free to divorce his wife with whom he has already had sexual intercourse with one or two divorces, without any return to the husband. Or a slave who divorces his wife with whom he has already had sexual intercourse with one divorce.

 

The ba’in divorce is further divided into 2 (two) types, namely:

 

  1. Talak ba’in baynunah sughro.

 

  1. Talak ba’in baynunah kubro.

 

Baynunah sughro is when the husband divorces his wife who has never been sated or the husband divorces her after being sated but uses compensation that returns to the husband and has not fulfilled the number of divorces (less than three times).

 

Baynunah kubro is when a husband divorces his wife with three times for a free man, and two times for a slave, whether there is a reward or not.

 

RULING ON DIVORCE THAT IS NOT BA’IN (TALAK RAJ’I)

 

The ruling on a non-ba’in divorce, also known as a raj’i divorce, is that the husband may return while the ‘iddah period is still valid, such as when the husband says, “I am returning to her,” or “I am holding her,” or “I am returning her to my marriage,” and the wife is left to decide whether she is willing to return or not. If the husband says these words, then she returns for the remainder of the divorce.

 

It is obligatory for the husband to spend on his wife during the divorce, as he would normally spend on his wife, with the exception of hygiene items (soap, toothbrushes, etc.).

 

RULING ON DIVORCE BA’IN BAYNUNAH SUGHRO

 

The ruling on divorce ba’in baynunah sughro is that the husband may not return to his wife except by making a new marriage contract, paying a new mahr and asking her guardian’s permission first. After that, the rest of the divorce amount returns to the husband.

 

He is also obliged to provide housing for his wife during the iddah (waiting period). However, it is not obligatory to provide maintenance, except if the wife is pregnant.

 

LAW. DIVORCE BA’IN BAYNUNAH KUBRO

 

The ruling on divorce ba’in baynunah kubro is that reconciliation is not allowed, except under five conditions, namely after the expiration of her iddah period from the husband who divorced her. After that she marries someone else with a valid marriage. Then she has intercourse with her new husband. What is meant by dukhul (intercourse) is the insertion of the head of the man’s penis, or its size if it is severed, into the woman’s vagina on condition of intisyar (the occurrence of an erection). If she is divorced by her second husband, then her ‘iddah (waiting period) is over. If her first husband marries her again, fulfilling the conditions mentioned above, then the number of divorces becomes three again.

 

It is obligatory for the husband to treat his wife during the ‘iddah period as he would treat a wife who has been divorced ba’in baynunah sughro.

 

HANGING THE DIVORCE

 

It is permissible to make the divorce dependent on one’s own work, or the work of others, or on the rising of the sun and so on. For example, if I enter my house then I divorce so-and-so, or if so-and-so enters my house then I divorce her, or if the sun rises then I divorce so-and-so. And whenever any of the events that he has dangled like that happen, then divorce occurs. But if the event does not occur, the divorce does not occur.

 

THE LETTERS OF HANGING A DIVORCE

 

The letters of dependent divorce are (if), (when), (whenever), (whatever), (at what time), (Every), (and who among you / the wife did …..), and other similar letters.

 

THE RULING ON THE LETTERS USED TO SUSPEND DIVORCE

 

Some of the scholars have ruled on the ruling on the letters of divorce, which are based on the condition that the matter being divorced be instantaneous or not, in the words of :

 

If the letters for divorce are indicative of nafi (not), then they are indicative of instantaneous except for the letter ( ), and for tsubut (the opposite of nafi), the scholars are of the view that :

 

It does not mean instantaneous unless the word ( ) is used in conjunction with the mention of money after it, and the same applies to the word ( ). As for lafaz ( ), it means repeatedly.

 

The meaning of this nazhom is that if the letter hanging the divorce enters into a manfiy fi’il (which means not) such as :  (if you do not do this…),.  (whenever you do not do this…) or … (at whatever time you do not do this…) then you are divorced.

 

All of these statements mean instantaneous, meaning that if a period of time passes after the above-mentioned phrases that allows him to do the work that he has been dangling, then he does not do it, he is divorced, except when the phrase ( ) is used, because this phrase does not require instantaneous meaning.

 

If he had said (If you do not enter the house, then you are divorced), then the divorce would not have taken place with the passing of a period of time during which he might have done the work on which he had been depending, but it would have taken place if he had not been able to enter the house at all, such as because the house was destroyed or because one of the husband and wife had died.

 

When the letters of the dependent talaaq are included in the mutsbat (opposite of manfiy) fiil, such as the words (if you speak to Zayd), (when you enter the house), or (when you do that) and so on. When the work on which it depends occurs, divorce occurs. The exception is if the action is dependent on the letters ( ) or ( ) with the mention of wealth after it or the phrase ( ).

 

  (speak to the wife) This phrase means fauriyah (instantaneous), such as saying:  (if you guarantee or give me money ……. , then I divorce you) or (if you release me from your debt, then I divorce you). If the wife gives what has been mentioned or waives her debt immediately, then there is a divorce.

 

If some time passes after he hangs up the divorce in front of his wife, or when she is not in his presence, and she learns of the divorce, and she is able to do the work on which he hangs up the divorce, then she does not do it, the divorce does not take place.

 

The same applies if he hangs it on a letter ( ) or ( ) accompanied by ( ), such as saying:

 

  (if you want to divorce then you divorce) or (if you want to divorce then you divorce), then this lafaz waits for an immediate answer. If the wife answers immediately (yes, I want to be divorced), then the divorce takes place.

 

If, on the other hand, he says (whenever you want to divorce me, I will divorce you) or (at any time) and so on, then the divorce takes place whenever the wife says (I want to divorce you), even if it is over a long period of time.

 

All of the letters of ta’liq do not imply repetition, with the exception of the word ( ), so even if the action on which the oath is based is done once deliberately (without forgetting) and knowing it, and not under duress, then the oath is waived.

 

It is like the husband saying:   (whenever you enter the house, I divorce you). Then the wife enters the house, so there is a one-time divorce. If the husband goes back to his wife and she enters the house again, then there is no divorce, because the vow is annulled by the work that he did the first time.

 

However, if the word ( ) is used in conjunction with the word ( ), it means repeatedly. For example, if the husband says (whenever you enter Zed’s house, you are divorced once), then when she enters Zed’s house, she is divorced once, and if she enters Zed’s house again while she is still in her ‘iddah (waiting period) or enters again after she has returned to the marriage (after reconciliation), she is divorced a second time. And if she enters Zed’s house a third time, divorce occurs a third time.

 

This is the case for a wife who has been married. If the wife had not been married, then the first divorce would have been ba’in (detached from the husband) and she would have been free to hang on to him because of the detachment of the husband and wife.

 

THE RULING OF HANGING THE DIVORCE ON DISCUSSION (OF SOMETHING THAT IS MANDATORY FOR THE HUSBAND)

 

If the husband hangs the divorce on the wife’s release from the mahr (dowry) or from a debt that the husband is obliged to pay to his wife, such as saying whenever you release me from your mahr (or from your debt) then I divorce you. Then the wife releases the husband from his dowry or debt. The divorce takes place on condition that the waiver of the mahr or dowry is valid.

 

If it is not valid, such as if the wife is not allowed to spend her wealth ( ) or does not know what she is releasing, then the release of the debt or mahr is not valid, which also means that the divorce does not take place. It is also stipulated that both the husband and the wife know the item that is being waived, its type, amount and nature, and that there is no connection between what is being waived and the zakaah that has not been waived.

 

If the husband does not know the item that is being given up, or if it is related to the zakaah that has not been given up, then divorce does not take place. This is the ruling on hinging the divorce on the waiver (of a debt or dowry).

 

It is different if he uses the agqad form, such as saying to his wife (I divorce you) or (I divorce you by waiving your mahr). If the wife does not know what she is giving up, then the ba’in divorce with the mahr mithil is valid, because the destruction of the mahr (iwadh) (which she does not know about) in the khulu’ (divorce) does not affect the validity of the divorce. This is different from the ruling on ta’lig (hanging a divorce), because hanging a divorce requires that there be something to hang it on.

 

 

 

RUJUK

 

Rujuk (return to marriage) is the withdrawal of a woman to marriage from a non-ba’in divorce during her ‘iddah in a certain way, where a free man divorces his wife whom he has been married to, once or twice, or a servant divorces his wife once. Where the divorce is without a reward given to the husband, it is permissible to return again as long as the return is during the iddah period. The word of Allah swt :

 

And their husbands have more right to return to marriage to them if they desire good (peace). (O.S. Al-Bagarah: 228)

 

However, if the husband has fulfilled the number of divorces three times, then he may not return until his wife is married to someone else by fulfilling the conditions previously described.

 

And if the divorce is in exchange for a return to the husband or the wife has never been married or returns at the end of her iddah period, it is not allowed to return again.

 

OVERVIEW OF RUJUK

 

Description of rujuk (return to marriage) : The husband should say to the wife from whom he has divorced, not divorced ba’in, and whose ‘iddah has not expired, (I return to you), (I take you back), , , (I return you to me or to my marriage).

 

When the husband says these words, the wife returns to her marriage with the remainder of the divorce amount, whether she agrees to this return or not.

 

It is recommended that a witness witness the reconciliation process. Some scholars have stated that having witnesses is obligatory.

 

The ruling on a divorced wife who is not ba’in is called divorce raj’i (divorced wife can come back) during the iddah period. her ruling is like a wife in all respects. Apart from having fun or being alone with her husband, it is not allowed.

 

The husband is obliged to provide the wife with clothing, housing and other things except for cleaning supplies. This is for the wife if she is not a nasyizah (a wife who does not obey her husband), and if she is a nasyizah, then she is not entitled to these things because of her disobedience as when she was a wife.

 

If the wife dies during her ‘iddah, then the husband inherits her, and if the husband dies and the wife is still in her ‘iddah, then her ‘iddah passes to the ‘iddah of the wife whose husband died and she inherits him.

 

It is not permissible for a man to marry a fourth wife while his wife is still in ‘iddah. He may not marry her sister or aunt while she is still in ‘iddah. A divorced wife may be divorced anew and khulu’, and other rulings on wives.

 

RULING ON DIFFERENCES BETWEEN HUSBAND AND WIFE REGARDING RECONCILIATION

 

If the husband claims reconciliation and the wife’s ‘iddah is still valid, he is justified in doing so, because he can still express his reconciliation at that time.

 

If he claims that he has reconciled and the wife’s ‘iddah has ended, and she denies it, he is justified in doing so, because there was no reconciliation at that time.

 

If the wife’s ‘iddah has ended and the husband claims to have returned during the ‘iddah, but the wife denies it, such as if the husband and wife agree that the ‘iddah ends on Friday and the husband says I reconciled you on Thursday (before the expiration of the ‘iddah) and the wife says you reconciled me on Saturday, then the wife is justified by her oath because she did not know that her husband reconciled her on Thursday.

 

If they agreed that the time for reconciliation was Friday, and the wife said that the ‘iddah ended on Thursday, but the husband said that it ended on Saturday, then the husband is justified in saying that the ‘iddah did not end on Thursday because they both agreed on the time of reconciliation, and the ‘iddah did not end before that.

 

If there is a dispute between husband and wife as to which came first, whether it was the expiry of the ‘iddah or the time of reconciliation, then the more correct view is to choose the one who came first, such as if the wife first said that her ‘iddah had expired and then the husband said that he had reconciled before the expiry of the ‘iddah, then the wife is justified in saying that her ‘iddah had expired before the husband had reconciled.

 

If the husband first claims to have reconciled before the expiry of the ‘iddah, and then after some time the wife says that he reconciled to her after the expiry of the ‘iddah, then the husband is justified in saying that he returned before the expiry of the ‘iddah.

 

If the confession is simultaneous, such as the wife saying, My ‘iddah has ended, together with the husband saying, I am returning to you, or the wife saying it immediately after the husband saying it, then the wife is justified by her oath.

 

This applies to the contradiction between the one who reconciled first before the expiration of his ‘iddah and the one who expired his ‘iddah before reconciling. But the husband and wife are agreed about the time when the ‘iddah ends.

 

But if they disagree about whether the ‘iddah has ended or not, then the wife is justified in claiming that it has ended based on a calculation that does not use months. And the husband is justified in claiming that his wife’s ‘iddah period has not expired by taking an oath, which is based on months, if the wife has stopped menstruating altogether because she is old or has never menstruated. Because of their disagreement about the expiry of the ‘iddah, if the calculation is based on months, then the time of divorce is restored, and the husband is accepted as saying that the divorce is based on months, and the time of divorce is also accepted.

 

With regard to the wife’s claim that the ‘iddah ends with childbirth or with a teacher’ (three chastity periods), if that is possible, the wife is justified in claiming this, because she is trusted with what is in her womb.

 

If she claims that her ‘iddah has ended for less than the period that is possible, then her claim is rejected. However, if it is possible, she should be questioned about her purity and menstruation, and sworn to if there is any doubt, because of the corruption that has occurred among the people.

 

The earliest possible time for her to claim that she gave birth to a child is six months (because six months is the shortest period of pregnancy) and two months (a short time from the time of the union after marriage and a short time from the time of childbirth) from the time of the union of husband and wife after marriage. If the wife claims to have given birth in a state of sigt (miscarriage) which is already in the form of a child, the maximum possible 120 days and two short periods (the first short period of time when husband and wife get together and the second time of childbirth).

 

If the wife claims to have given birth to a mudghah (lump of flesh) that has not yet taken shape, 80 days and two short periods are most likely. But it is stipulated that if the miscarriage is in the form of a lump of flesh and the midwives testify that it is of human origin, and if they do not testify, then the ‘iddah does not end with the miscarriage.

 

If the wife claims that her ‘iddah ends with guru’ (three chastity periods), if she is free and divorced during her chastity period, then it is most likely that her ‘iddah will end in 32 days (if he divorces her while she is still chaste, this is one guru’, one day of menstruation and fifteen chastity days (two guru’) and one day of menstruation and fifteen chastity days (three guru’)), and two short periods (the first short period is the remainder of the divorced woman’s chastity period and the second short period is the end of her ‘iddah). If she is divorced during her menstrual period, then it is most likely 47 days (this is the same as if he had divorced her at the end of her menstrual period), then she enters her period of chastity of 15 days, 1 day of menstruation and 15 days of chastity, then she menstruates for 1 day and becomes chaste for 15 days, then she menstruates and once she enters her period of chastity, then her ‘iddah is completed, which is 47), and one short period (she enters her third period of chastity).

 

And if she is a slave who was divorced during chastity, then it is most likely 16 days and two short periods (first the remainder of her chastity period, second a short period with the entry of the third chastity period). And if she was divorced during her period, then 31 days and a short time is the most probable (a short period after the expiration of her ‘iddah).

 

However, if it is not known whether she was divorced during menstruation or chastity, to be on the safe side, the period of menstruation should be included, because originally there was still an ‘iddah period.

 

 

 

 

IDDAH

 

Iddah is a period of waiting for a woman to keep herself from getting married in order to determine the cleanliness of her womb, or because of the command of Allah, or in shock at the separation from her husband.

 

KINDS OF IDDAH

 

There are 2 (two) kinds of iddah, namely:

 

  1. Iddah on the death of the husband
  2. Iddah of divorce.

 

IDDAH ON THE DEATH OF THE HUSBAND

 

A wife whose husband dies is obliged to observe ‘iddah, whether or not she has had sexual intercourse. If the wife is pregnant, then her ‘iddah ends when she gives birth to all of her children, even if they are twins, on condition that the children are attributed to the one who had intercourse with her. If she is not pregnant, the ‘iddah is four months and ten days for a free wife and two months and five days for a slave.

 

IDDAH OF DIVORCE

 

With regard to divorce, the wife only has to observe ‘iddah if she has had intercourse.

 

So if she is divorced or annulled before she has had intercourse, there is no ‘iddah for her. The same applies to a divorced wife who has not had intercourse.

 

But if she has had intercourse: what is meant by that is intercourse or ejaculation (which is done in the correct way) or the husband having intercourse with a woman in a sham (having intercourse with someone whom he thinks is his wife), then she has to observe ‘iddah.

 

The ‘iddah of a pregnant woman is when she gives birth to the whole womb, provided that the ‘iddah of a woman whose husband has died has passed.

 

And for a woman who is not pregnant, other than a child who has never menstruated or an old person who will not menstruate again forever, if the guru’ count is used, then the ‘iddah period is three guru’ or three times pure for a free woman and two times pure if she is a slave.

 

If the ‘iddah is based on months (such as a child who has never menstruated or an elderly person who will no longer menstruate), then the ‘iddah is three months for a free woman and one and a half months for a slave, and it is better for the slave if the ‘iddah is two months.

 

IHDAD

 

Ihdad is the abstinence from dyed (colorful) clothing, perfume, hair oil, or eye shadow for the purpose of adornment, except at night when it is necessary. And to refrain from using hinna’ or waros (a kind of plant made for courtship) on the face, hands and feet and not on the limbs that are covered by clothing.

 

One should also refrain from wearing jewelry, whether gold, pearls or the like, even if it is a ring.

 

RULING OF IHDAD

 

The ruling on ihdad is that it is obligatory during the iddah period for a woman whose husband has died. But if the woman is divorced ba’in or her marriage is annulled (because of a disgrace on the part of the husband/wife) or she is divorced raj’i, then the ruling on ihdad becomes Sunnah. In fact, some scholars have stated that it is Sunnah for a wife who has been divorced to adorn herself and not observe nihdad if she wants her husband to come back, so long as he does not think that she is adorning herself out of joy over the divorce.

 

HOUSE OR DWELLING OF THE WIFE WHILE IN IDDAH

 

It is obligatory for every wife who is still in ‘iddah, whether she is divorced from her husband raj’i, ba’in, or if he dies, whether she is pregnant or not. So it is obligatory for the wife to stay in the house when divorced if the house belongs to the husband and is suitable for the wife to live in. No one is allowed to take her out of the house, nor is she allowed to leave the house even with the blessing of her husband.

 

However, it is permissible for a wife to leave the house if she is not being provided for by her husband, such as if her husband has died and she has been divorced and is not pregnant. Due to an emergency, such as fear for her or to buy food if there is no one to do so, she may leave the house.

 

As for the ruling on wives who are obliged to be provided for, namely wives divorced from raj’i or ba’in who are pregnant, or mustabro’ah (slaves who are waiting for their ‘iddah period due to ownership or loss of ownership to determine the cleanliness of the womb or because according to the command of Allah), it is not permissible to leave the house unless they get permission from their husbands or because of an emergency, as is the ruling on wives.

 

 

 

 

WEDDING

 

   According to the language, breastfeeding means to suckle and drink the milk. According to sharee’ah, breastfeeding means that a certain woman’s milk reaches the stomach of a child in a certain way.

 

There are three pillars of breastfeeding, namely: The breastfeeding mother, the suckling child, and the milk.

 

LEGAL REQUIREMENTS of Follow-on Milk

 

The conditions for the one who breastfeeds are as follows:

 

” The one who breastfeeds is a woman, not from the milk of a man or transvestite and not from the milk of an animal.

 

” The one who is breastfeeding has reached the age of nine years. If she has not reached the age of nine years, there is no mahram relationship.

 

” The time of breastfeeding is as long as she is alive (alive) in a life that is mustaqirroh (clear).

 

” The suckling child should be alive in a mustaqirroh life with an age below two years.

 

” He breastfed five different times. It does not matter if there are less than five times, or if there is any doubt between the five times.

 

” The length of breastfeeding is to be calculated according to custom, even if the baby is not full.

 

“If the infant stops breastfeeding because he turns away, or the breastfeeding mother breaks off the breastfeeding because she has to work for a long time, then he resumes breastfeeding, then two feedings count.

 

” If the infant stops breastfeeding because he pauses or breathes, and then returns to breastfeeding immediately, or moves to his side immediately, then it does not count as two feedings. But if it is not instantaneous, it is counted twice.

 

“Similarly, it does not count as two feedings if the mother breaks off the breastfeeding because of work for a moment and then resumes breastfeeding.

 

“It is also essential that the milk on each of the five feedings reaches the infant’s stomach or brain, even if he vomits it up immediately. The milk should reach the stomach through an open orifice.

 

THE RULING ON BREASTFEEDING (RODHO’)

 

The ruling on breastfeeding that fulfills the conditions of breastfeeding is that the suckling infant becomes the son of the mother who breastfed him, and he becomes the son of her and her parents and her children and his brothers and sisters.

 

In the same way, the child becomes the child of the owner of the milk, whether he is a husband or has a sham relationship with him, or is the owner of a slave.

 

The breastfeeder does not break the bond with the person who breastfed him, regardless of the length of the period or the break in the relationship between the two, except when the child is born to a second husband, so the milk that was before the childbirth belongs to the first husband, and the milk that was after the childbirth belongs to the second husband. So the suckling child becomes the muhrim of the owner of the milk and his father (father and father’s father, etc.) and his children (grandchildren) and his brothers. And the suckling child and his children and grandchildren are muhrim to the one who suckled him and the one who owns the milk (his father), and his children and grandchildren and the brothers and sisters of the father and mother. So his father, the suckling mother and the father who owns the milk of the suckling one are grandfathers of the suckling child, and his mothers are grandmothers of the child, and the children of the suckling mother are brothers and sisters of the suckling one.

 

The brothers and sisters of the suckling mother are the uncles and aunts of the suckling child, and the brother of the man who has the milk is the uncle (brother of the father, male or female), and the children of the suckling child are the grandchildren of both (the suckling mother and father), as for hawashi, they are the brothers and sisters of uncles and aunts (brothers of the father and mother).

 

Some scholars have compiled the rulings that are established because of breastfeeding, as in the following stanza:

 

And the muhrim of breastfeeding spread from the mother to her fathers, children and brothers from the middle. And the one who has milk like this, and from the child who suckled from his child only.

 

 

 

 

 

KHUTBAH NIKAH

 

KHUTBAH RECITED BEFORE THE MARRIAGE CONTRACT

 

Before the marriage contract, it is mustahabb to recite a khutbah (sermon) for the wali (guardian), the husband-to-be or others from those present, which is ma’tsurah (from the Prophet (peace and blessings of Allaah be upon him) and is called khutbatul hajah.

 

Abu Daud narrated in his sunnah with a saheeh chain of transmission. Ibn Mas’ud (Abdullah bin Mas’ud) r.a., the Messenger of Allah (s.a.w.) taught us khotbatul hajah. He said:

 

Praise be to Allah, whom we praise and ask for His help and forgiveness. ………. Until the end.

 

Ibn Majah has narrated it with an addition based on one of Abu Daud’s narrations: And we narrate this sermon with an addition to it:

 

Praise be to Allah, we praise Him and seek His help and forgiveness, and we seek refuge with Him from the evil of ourselves and from the evil of our work. Whom Allah guides there is none to lead him astray, and whom Allah leads astray there is none to guide him. And I testify that there is no god but Allah, He is the One, there is no partner for Him, and I testify that our leader, the Prophet Muhammad, is His servant and His messenger, who has been sent with guidance and the true religion to be shown to all religions, although the polytheists do not like it. Furthermore, Allah, the Most High, has justified marriage and encouraged it, and has forbidden adultery and promised a painful punishment to the perpetrators. Allah says about the prohibition of adultery and its prohibition: “Do not approach adultery, for indeed it is an abominable and evil way”.

 

Allah’s words enjoin piety towards Him: “O you who believe, fear Allah with true piety and do not die except as Muslims”.

 

Allah’s words: “O mankind, fear your Lord who created you from one soul (Prophet Adam) and created from him his wife and multiplied from them many men and women and fear Allah of whom you ask and keep your ties. Surely Allah is always watching over you?

 

Allah says: “O you who believe, fear Allah and speak the truth, and Allah will reform your work, and whoever obeys Allah and His Messenger has gained a great gain.”

 

Marriage is the sunnah of the Prophets and the shiar of the Guardians.

 

The Messenger of Allah (peace and blessings of Allah be upon him) said: “Marriage is from my sunnah, so whoever does not like my sunnah is not from my group.”

 

The Messenger of Allah (peace and blessings of Allah be upon him) said: “Marry those who (are not barren) who love each other, for I boast of you among the people on the Day of Resurrection.”

 

I advise you and myself to fear Allah.

 

I end my words and I ask forgiveness of Allah the Great for me and you, and our parents, and all Muslims and ask forgiveness of you to Allah the Forgiving and Giving.

 

Say all:

 

I ask forgiveness of Allah, we ask forgiveness of Allah,

 

We believe in Allah, what comes from Allah and what Allah wants.

 

We believe in the Messenger of Allah, what comes from the Messenger of Allah, and what the Messenger of Allah desires.

 

We believe in the Shari’ah and we believe in the Shari’ah, and we are detached from all teachings that are contrary to Islam.

 

We seek refuge with Allah from the evils.

 

We seek refuge with Allah from forsaking prayer.

 

We seek refuge with Allah from all that is disliked by Allah.

 

HOW TO PERFORM THE MARRIAGE CONTRACT

 

The two people making the marriage contract should shake hands, namely the guardian and the husband-to-be. The person who is leading them in the marriage contract should say: “Say, O guardian and husband, in the name of Allah, praise be to Allah, and peace and blessings be upon the Messenger of Allah, Muhammad ibn ‘Abdullāh (peace be upon him).” Then he should say to the guardian: “The name of Allah, praise be to Allah, and peace be upon the Messenger of Allah (peace be upon him).

 

Then she says to the guardian: “Say, O Fulan ibn Fulan, I give you in marriage to that which Allah has commanded me to hold well or to give away well. I give you in marriage to my daughter or the daughter of the one who gave me guardianship, Fulanah bint Fulan, with a dowry of pure silver (…………….). Then the husband says I accept the marriage with this mascawin”.

 

After that the guardian says to the suitor (prospective husband): “O Fulan bint Fulan, I give you in marriage to my daughter or the daughter of the person who made me the guardian of Fulanah bint Fulan, with the marriage price mentioned. Then the prospective husband says I accept the marriage with the mentioned mascawin”.

 

Then the guardian says a third time to be more careful: “O Fulan bint Fulan, I give you in marriage to my daughter or to the daughter of the person who made me the guardian of the said Fulanah, with the mentioned bride price. So the husband said, “I accept the marriage and the marriage contract with the mentioned bride price”.

 

It is also Sunnah to pray for the husband and wife after the marriage contract. For example, praying for the husband:

 

May Allah bless you and gather you in goodness and health.

 

It is mustahabb to have a number of righteous people present at the time of the marriage contract, so as to increase the number of witnesses and guardians. It is also Sunnah to spread the news and hold the marriage contract in the mosque and in Shawwal on the morning of Jumu’ah, just as it is Sunnah to ask the guardians and witnesses for repentance before the marriage contract, so as to be on the safe side.

 

It is also Sunnah to seek witnesses to the wife’s consent if it is thought that she has consented. However, a witness to the wife’s consent is not a condition of the marriage being valid.

 

If the one who marries her is a judge, then the condition is that the one who informs her is right that she has consented to the marriage.

 

 

 

 

CONCLUSION

 

This is the end of what Allah, may He be glorified and exalted, has given me and what I hope that Allah, may He be exalted, will benefit me evenly and thoroughly, and that He will grant the reader fathi and degrees. May Allah’s peace and blessings be upon Sayyidina Muhammad and his family and companions.

 

Walhamdulillahi Robbil “Alamin.

 

This book was completed on Thursday night, the 25th of Jumada al-Awwal 1379 A.H. from the time of the migration of the Prophet Muhammad S.A.W. May peace and blessings be upon him and his companions.

 

Written by: Al-Faqir Ilallah Muhammad bin Salim bin Hafidz bin Abdullah bin Abibakar bin Idrus bin Al Husin bin As-Syech Abi Bakar bin Salim Al-‘Alawi Al-Husaini Al-Hadhrami As-Shafi’i.

 

May ALLAH accept and forgive him. Amen