Islamic Marriage Contract QACompilation Part 01

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Table of Contents
1 - Is it permissible for a woman to write marriage contracts? .........................................6 2 - Is it permissible to delay the aqd (marriage contract) for a long time after the engagement? ....................................................................................................................10 3 - Is it valid for the maternal uncle to be the wali in the marriage contract of his sisters daughter? ......................................................................................................................... 14 4 - The second witness was not present when the marriage contract was done; is his marriage valid? ................................................................................................................17 5 - Ruling on what comes before consummating the marriage with ones wife; is it haraam to have intercourse after doing the marriage contract? ...................................... 20 6 - Is it better to get engaged and do the marriage contract a year later, or to do the marriage contract straight away so that he will not fall into haraam? .............................24 7 - He used to miss some prayers does he have to renew the marriage contract? ........26 8 - Is it correct for the husbands father to be a witness to his marriage contract? .........31 9 - Is it permissible for the father of the girl to prevent her husband from sitting with her after the aqd (marriage contract)? ..................................................................................33 10 - She married without her walis consent and the marriage contract was done without her being present ............................................................................................................. 36 11 - They committed zina then got married, and they cannot remember if they repented before doing the marriage contract or not; do they have to do a new marriage contract? ..........................................................................................................................................39 12 - Doing the marriage contract on Friday .................................................................... 41 13 - He did the marriage contract with her and was intimate with her without intercourse in Ramadaan, and he had intercourse with her before announcing the marriage! ..........44 14 - He divorced a woman by zihaar before the marriage contract was done with her, and he wants to marry her! .....................................................................................................48 15 - Types of conditions in the marriage contract ...........................................................50 16 - His wife is pregnant and he wants to marry a second wife; should he delay the marriage contract? ...........................................................................................................54 17 - Delaying consummation of the marriage after doing the marriage contract ...........56 18 - She got married without writing the marriage contract should she repeat the marriage? .........................................................................................................................58 19 - He did the marriage contract with her but she does not have any accommodation and he wants to be intimate with her ...............................................................................59 20 - Can the marriage contract of a zaaniyah be annulled? ............................................ 62 21 - Is it makrooh to leave a long interval between the marriage contract and consummation of the marriage? ...................................................................................... 64 22 - He did the marriage contract unofficially with his wife because of delays in government procedures ................................................................................................... 65 23 - Should he still do the marriage contract when the girls father has died and her mother is still in mourning?............................................................................................. 67 24 - It was written in her marriage contract that she had received her mahr but she has not received it and she has started to resent her husband ................................................68 25 - What should a person do who was adopted by someone and named after his
adoptive father; is a marriage contract done with that name valid? ................................70
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1 - Is it permissible for a woman to write marriage contracts?

In our country there are ladies who write marriage contracts. They work as registrars, and as such they write down marriage contracts. I know that one of the conditions for the witnesses and the wali (guardian of the bride) is that they must be male. Is it permissible for a woman to write the marriage contract? I hope that you can answer my question. Many thanks. Praise be to Allaah. The one who writes down the marriage contract is known as the registrar or by other titles This is the one who conducts the marriage procedure in accordance with the essential shari requirements, and records it in a document called aqd al-nikaah (the marriage contract). One of his duties is to confirm that the bride gives her consent and agrees to this marriage, by consulting a previously-married woman and by asking the permission of a virgin, finding out the conditions stipulated by both parties and ensuring that there are no impediments to the marriage. His duties also include confirming whether the wali is acceptable as a wali according to shareeah or not, and confirming the identity of the witnesses and recording their testimony. His duties also include documenting the nature and amount of the mahr, whether it has been received by the bride or the wali, or not, and whether there remains any of it to be paid at a later date, or it has been paid in full. Acting as a registrar is regarded as a branch of the judiciary, in fact the registrar is acting as a deputy of the shari judge (qaadi), so the registrar must himself meet some of the conditions that are stipulated for the qaadi, the most important of which are that he should be Muslim, male, an adult, of sound mind and mature. It is permissible for a woman to help prepare the marriage contract with regard to the dowry and consent of both parties. But with regard to directly doing the marriage procedure, it is not permissible for her to do that. Concerning this there is a report from Aaishah (may Allaah be pleased with her). It was narrated that Ibn Jurayj said: When Aaishah wanted to arrange the marriage of one of her womenfolk, she called some of her family and would recite the shahaadah, and when there was nothing left but the nikaah, then she would say: O So and so, perform the marriage, for women cannot perform marriages.
Musannaf Abd al-Razzaaq (6/201); classed as saheeh by al-Haafiz Ibn Hajar in Fath al-Baari (9/186). It was narrated that Aaishah said: If a young man from among her sisters children liked a young women from among her brothers children, a curtain would be set up between them and she would speak, and if there was nothing left but marriage she would say: O so and so, perform the marriage, for women cannot perform marriages. Musannaf Ibn Abi Shaybah (3/276) There was also narrated from Aaishah a report which may be misinterpreted as meaning that a women is allowed to conduct marriages, and the Hanafis quoted it as evidence that it is not essential to have a wali for marriage. It was narrated from al-Qaasim ibn Muhammad that Aaishah the wife of the Prophet (peace and blessings of Allaah be upon him) married Hafsah bint Abd alRahmaan to al-Mundhir ibn al-Zubayr when Abd al-Rahmaan was away in Syria. When Abd al-Rahmaan came he said: How could such a thing be done to me? How could I be mistreated in such a manner? Aaishah spoke to al-Mundhir ibn alZubayr and al-Mundhir said: That is up to Abd al-Rahmaan. Abd al-Rahmaan said: I would not undo something that you have decided. Therefore Hafsah remained married to al-Mundhir and there was no divorce. Narrated by Maalik (1182). Its isnaad is saheeh. What they understood from this report is wrong. What the report means is in accordance with what we have narrated from Aaishah (may Allaah be pleased with her) above. Imam Abu Waleed al-Baaji (may Allaah have mercy on him) said: The words Aaishah married Hafsah to may be understood in two ways: 1 That she herself did the marriage contract. This was narrated by Ibn Muzayn from Eesa ibn Dinar who said: This is not the usual practice i.e., the practice of the people of Madeenah at the time when Eesa was there because Maalik and the fuqaha of Madeenah did not regard as permissible a marriage contract done by a woman, and it to be regarded it as invalid whether the marriage is consummated or not. 2 That she only discussed the mahr and other matters having to do with the marriage, and appointed one of her male relatives to conduct the marriage, but the contract was attributed to Aaishah because she is the one who arranged it. It was narrated that Aaishah would arrange marriages then say: Perform the marriage contract, for women cannot perform the marriage contract. This is what is well
known among the Sahaabah, that it is not valid for a woman to perform a marriage contract for herself or for another woman. Al-Muntaqa Sharh al-Muwatta (3/251). Ibn Abd al-Barr (may Allaah have mercy on him) said: The words in this hadeeth Aaishah married Hafsah, the daughter of her brother Abd al-Rahmaan, to al-Mundhir ibn al-Zubayr are not to be taken at face value. What is meant by the words she married Hafsah to is and Allaah knows best the proposal of marriage and other arrangements concerning the dowry, consent to marriage and so on, not the marriage contract itself. This is based on the hadeeth that is narrated from her, which says that when she had finished discussing the proposal, dowry and consent to marriage, she would say: Perform the marriage contract, for women cannot perform the marriage contract. He said: The Kufis quoted as evidence the hadeeth of Maalik from Abd alRahmaan ibn al-Qaasim from Aaishah that is mentioned in this chapter about it being permissible for a woman to perform a marriage contract. But it cannot be evidence because of the hadeeth of Ibn Jurayj that we have quoted, and because Aaishah is the last of those who quoted the Prophet (peace and blessings of Allaah be upon him) as saying: There can be no marriage without a guardian. The word wali (guardian) can only be applied to male relatives, not women. Al-Istidhkaar (6/32). Conclusion: It is permissible for a woman to arrange and prepare for a marriage but it is not permissible for her to conduct the marriage herself, because that is the job of the qaadi or his deputy, and one of the conditions of the qaadi is that he should be male. If the marriage contract has been performed with the consent of both parties and the agreement of the wali, and the woman is appointed to document the marriage contract, such as if she is an employee working in the court or shareeah department, and the like, then it seems that there is nothing wrong with that, because the marriage contract has been done, and all she is doing is recording it in a document. But if she is a witness to the marriage contract or is the one who decides the validity of the witnesses or she is the one who conducts the marriage, instead of the wali, then that is not permissible.
And Allaah knows best.

Islam Q&A
[Ref : http://islamqa.com/en/ref/83782]
2 - Is it permissible to delay the aqd (marriage contract) for a long time after the engagement?
A year ago I proposed marriage to a girl and we reached an agreement on all issues, but the engagement has now gone on for a long time. Now I want to do the marriage contract, but her family are refusing and they say that she is still studying, and I have to wait three years until she finishes her studies in the university, then we can get married. I do not know whether it is haraam for the engagement to last so long or not. I appreciate your website. Praise be to Allaah. There is nothing wrong with delaying the marriage contract, even if the engagement lasts for a long time. There is nothing in shareeah to indicate the length of time that there should be between the proposal and the marriage contract, rather that depends on local customs and how prepared each party is to go ahead with the marriage contract. If a man may propose then do the marriage contract and consummate the marriage contract all in one day, or it may be done in a month or a year or longer than that. But it is better and we advise you not to let the engagement go on too long, so long as the man is able to complete the marriage contract, because of the reports which encourage the one who can afford it to get married. The Prophet (peace and blessings of Allaah be upon him) said: O young men, whoever among you can afford it, let him get married, and whoever cannot afford it should fast, for it will be a shield for him. Narrated by al-Bukhaari (5065), Muslim (1400). A great deal of experience shows that a lengthy engagement period opens the door to problems for both parties before they have really started their life together. These problems often lead to the cancellation of the engagement or they have long-lasting effects on the psyches of both parties.
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What we advise you the suitor and the family of the girl to do, if the agreed upon engagement period is three years, as stated in the question, is not to hasten to do the marriage contract, because there is in fact no benefit in doing the marriage contract so early, if both parties realize that the man is a stranger (non-mahram) to his fiance like any other stranger, until the marriage contract is done, and they are serious in adhering to the rulings and etiquette of that. What makes us offer this advice to you is what we have seen of many problems arising from allowing a lengthy time between the marriage contract and consummation of the marriage, some of which ended in the cancellation of the marriage. No doubt cancellation of an engagement is easier on both parties than the annulment of a shari marriage contract. Moreover, another negative effect of a lengthy period between the marriage contract and consummation of the marriage is the fact that the two parties become more attached to one another, and their hearts and minds become distracted for no reason, which may affect them psychologically and distract them from the purpose for which they were created, such as acquiring beneficial knowledge and doing righteous deeds. Think about the confirmation of that in the amazing story that the Prophet (peace and blessings of Allaah be upon him) told in order to teach a lesson, as it is narrated in Saheeh al-Bukhaari (3214) and Saheeh Muslim (1747) that Abu Hurayrah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: One of the Prophets went out on a campaign, and he said to his people: No man should accompany me who has gotten married and wants to consummate the marriage but has not yet done so, or a man who has built a house but has not yet put the roof on, or a man who has bought some sheep or pregnant she-camels and is waiting for them to give birth This is well known. The point here is that this noble Prophet excluded from the important mission of jihad those who were not fit for it, among whom was a man who had married a woman, and wanted to consummate the marriage, but he had not yet fulfilled that wish. Ibn Battaal narrated that al-Muhallab, one of the commentators of al-Bukhaari, said: This indicates that the temptations of this world cause one to become cowardly and may lead to ones downfall, because whoever has gotten married to a woman but has not consummated the marriage with her, or he consummated the marriage only recently, his heart will be longing to go back to her, and the shaytaan will distract him from the worship that he is doing, so he will make him anxious. This applies to all worldly pleasures and possessions. Al-Haafiz ibn Hajar (may Allaah have mercy on him) said: The point here is that one should be focused on jihad, because whoever enters into a marriage contract with a woman, his mind will be preoccupied with her, unlike the case if
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he has consummated the marriage with her, because in that case the matter is less serious in most cases. This is eating before praying. But the advice given above only applies if you are unable to get married straight away, for some pressing reason. But we think that delaying it on the basis of studying is not a sound reason, and we do not advise that. Shaykh Abd al-Azeez ibn Baaz (may Allaah have mercy on him) said: What is required is to hasten to get married, and no young man or young woman should delay marriage for the sake of studies, because marriage does not prevent any such thing. It is possible for a young man to get married in order to protect his religious commitment and morals, and enable him to lower his gaze. Marriage serves many purposes, especially in this day and age. Because delaying it is harmful for both young women and young men, every young man and every young woman should hasten to get married if there is a man who is compatible with the woman, and if a man can find the right woman in accordance with the words of the Prophet (peace and blessings of Allaah be upon him): O young men, whoever among you can afford it, let him get married, and whoever cannot afford it should fast, for it will be a shield for him. Saheeh agreed upon. This includes both young men and young women; it does not apply only to men, rather it includes everyone they all need to get married. We ask Allaah to guide us all. MajmooFataawa wa Maqaalaat Mutanawwiah, 20/421-422. Shaykh Ibn Uthaymeen (may Allaah have mercy on him) was asked: There is a widespread habit whereby a girl or her father will refuse marriage to one who proposes to her so that she may complete her secondary or university education, or so that she may teach for a number of years. What is the ruling on that, and what is your advice to the one who does that? Some girls may reach the age of thirty and not be married. He replied: The ruling on that is that it is contrary to the command of the Prophet (peace and blessings of Allaah be upon him), because the Prophet (peace and blessings of Allaah be upon him) said: If there comes to you one with whose character and religious commitment you are pleased, then marry (your daughter or female relative under your care) to him. (al-Tirmidhi, 1084). And he said: O young men, whoever among you can afford it, let him get married, for it is more effective in lowering the gaze and protecting ones chastity.
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Refusal to get married means losing out on the benefits of marriage. What I advise my Muslim brothers who are guardians of women, and my Muslim sisters, to do is not to refuse marriage for the sake of completing studies or teaching. A woman can stipulate that her husband let her stay in school until her studies have ended, or that he let her continue to work as a teacher for one or two years, so long as she is not busy with her children. There is nothing wrong with that. Moreover, the importance of a woman acquiring university-level knowledge in a field that we do not need is something that may be subject to further examination. What I think is that if a woman has completed the elementary level of education, and she knows how to read and write to such a level that she can benefit from reading the Book of Allaah and its tafseer, and reading the ahaadeeth of the Prophet (peace and blessings of Allaah be upon him) and its commentary, then that is sufficient, unless she wants to study fields of knowledge that the people need, such as medicine and the like, so long as there is nothing haraam in her studies and it does not involve mixing and the like. Fataawa Ulama al-Balad al-Haraam (p. 390). May Allaah help us and you to do that which He loves and which pleases Him. And Allaah knows best.
Islam Q&A
[Ref : http://islamqa.com/en/ref/82876/]
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3 - Is it valid for the maternal uncle to be the wali in the marriage contract of his sisters daughter?
Is it valid for the maternal uncle to be the wali in the marriage contract of his sisters daughter and to do the marriage contract for her?. Praise be to Allaah. It is confirmed that guardianship in the case of marriage belongs to the asbah, who are the male relatives on the fathers side, such as the father, grandfather, son, brother, and paternal uncle. With regard to the relatives on the mothers side, they are not among the asbah and there is no proof that they have the right of guardianship with regard to marriage. We have previously discussed the asbah and their order of precedence with regard to guardianship in marriage in the answer to question number 99696. But there are some cases in which it is valid for the maternal uncle to assume guardianship with regard to the marriage contract. They are: 1. When he has been appointed as a guardian by the father or the guardian who has the authority to do the marriage contract.
The scholars of the Standing Committee for Issuing Fatwas said: If a person has the authority to do the marriage contract for a woman when one who is closer to her than him has given it up to him, or the rightful guardian has instructed that he should do the marriage contract for the woman under his guardianship, then it is permissible for him to do the marriage contract and that marriage is valid, because it is a right that was given to the one who was appointed and acted in his stead. End quote. Shaykh Abd al-Azeez ibn Baaz, Shaykh Abd al-Azeez Aal al-Shaykh, Shaykh Abd-Allah ibn Ghadyaan, Shaykh Saalih al-Fawzaan, Shaykh Bakr Abu Zayd Fataawa al-Lajnah al-Daaimah, 18/174, 175 2. If he is the wali (guardian) when there are no male relatives on the fathers side.
This is the view of some of the scholars, such as Imam Abu Haneefah (may Allah have mercy on him). But the majority of the scholars are of the view that the Muslim qaadi should be given precedence over him.
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This has been discussed recently in the answer to the question referred to above. 3. When the maternal uncle does the marriage contract in the presence of the womans guardian and with his approval of the marriage contract. The silence of the guardian in this case is indicative of his approval, so the marriage contract is valid.
In al-Mawsooah al-Fiqhiyyah (22/237, 238) it says: There is no doubt that negative silence is not indicative of approval or its absence. Hence the fiqhi principle is based on the idea that no opinion can be attributed to the one who remains silent, but silence in a context where there is a need to speak is a statement. This applies if it is accompanied by circumstantial evidence which may indicate his approval. The fuqaha are unanimously agreed that the silence of a virgin is indicative of her consent, because of the saheeh hadeeth that was narrated concerning that, as the Prophet (blessings and peace of Allah be upon him) said: A virgin should not be given in marriage until her permission has been sought. They said: O Messenger of Allah, what is her permission? He said: If she is silent. According to another report: The previously married woman has more right to decide concerning herself than her guardian, and the father of the virgin should ask her permission concerning herself, and her permission is her silence. End quote. 4. Where the marriage contract has been completed and documented in an Islamic state that follows the opinion that it is valid for the maternal uncle to do the marriage contract for his sisters daughter, or the view that it is permissible to do a marriage contract without a guardian, because the verdict of the ruler in matters that are subject to ijtihaad is valid and cannot be overruled.
This has been discussed in the answer to question no. 98546, where it says: If the judiciary system in your country follows the Hanafi madhhab and the regard the marriage without a guardian as valid, then the marriage remains in effect and cannot be annulled. But if the judiciary system in your country does not follow that madhhab, then the marriage contract is invalid. Moreover, if you both still want to be married to one another, a new marriage contract should be redone in the presence of your guardian. End quote. These are the cases in which the maternal uncle may act as the guardian with regard to doing the marriage contract and it will be valid. And Allah knows best.
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Islam Q&A
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4 - The second witness was not present when the marriage contract was done; is his marriage valid?
I have got married, praise be to Allah, but there is something that is worrying me. When I did the marriage contract I did it in the courtroom (in Syria) and I asked about the official (who conducted the marriage), and I was told that he was a Muslim who prayed, but he was clean shaven. The problem is that when the marriage contract was done, there was no one there except one witness, who is my paternal uncle, my father's brother, who witnessed the marriage contract. The other witness was a Muslim lawyer, who came in and signed the documents and left, and he did not stay to witness and hear the proposal and acceptance. Is this marriage contract done in this manner valid, or is it essential for the witness to hear the proposal and acceptance?. Praise be to Allaah. The purpose behind having witnesses when the marriage contract is done is so that her the proposal from the woman's wali (guardian) or from the one who is acting in his stead, such as a wakeel (deputy or proxy), will be heard, and the acceptance from her husband or one who is acting in his stead, will be heard too. If the proposal and acceptance are written down and the witness's is deaf, for example, and he witnessed what was written during the marriage contract, then his testimony is valid, because Allah says (interpretation of the meaning): except for those who bear witness to the truth knowingly [al-Zukhruf 43:86]. If the knowledge of what is happening reaches the witness, that is sufficient. Al-Sharh al-Mumti, 5/162 Some of the scholars are of the view that announcing and publicising the marriage and informing the people of it is sufficient and there is no need for special witnesses; rather it is stronger than that. Shaykh Ibn Uthaymeen (may Allah have mercy on him) said: Some of the scholars said that it is stipulated that the marriage should either be witnessed or announced, i.e., proclaimed openly, and that if it is announced, that is sufficient, because it is furthest removed from any doubt. There are some reservations about not having the marriage witnessed is risky, because a man may commit zina with a woman, then if she gets pregnant from him, he will claim that he married her, when that is not the case. So having the marriage witnessed is stipulated for this reason. But if it is announced, then this reservation no longer applies, because it is stronger than just having it witnessed. This is the view favoured by Shaykh alIslam Ibn Taymiyah (may Allah have mercy on him), as he stipulated either
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having the marriage witnessed or announcing it. He (may Allah have mercy on him) said: If there are witnesses but the marriage is not announced, then there is some doubt as to whether the marriage contract is valid, because the Prophet (blessings and peace of Allah be upon him) enjoined that marriages be announced, and said: Proclaim the wedding. And because there is the fear that secret marriage will lead to negative consequences, even if it is witnessed, because a man may commit zina - Allah forbid - with a woman then say: I married her, then he summons two false witnesses and they give their (false) testimony. End quote from al-Sharh al-Mumti, 5/160 This proves that announcing the marriage is stronger than only having the marriage contract witnessed. Shaykh al-Islam (may Allah have mercy on him) summed up the issue of having the marriage witnessed and announcing it by saying: There is no doubt that doing the marriage contract along with announcing the marriage is valid, even if it is not witnessed by two witnesses, but if it is concealed and witnessed, this is something concerning which there is some doubt. If it is both witnessed and announced, there is no doubt as to its validity in this case. If it is neither witnessed nor announced, then it is invalid according to all scholars, and if there is any difference of opinion, it is very little. End quote from al-Ikhtiyaaraat al-Fiqhiyyah, p. 177 The words There is no doubt that doing the marriage contract along with announcing the marriage is valid, even if it is not witnessed by two witnesses indicate that there is no need to worry about what you mentioned. Even if we assume that the witnessing was not valid, announcing the marriage is sufficient in sha Allah. But it should be noted that the word witness does not apply only to the one who signs the marriage contract; rather it refers to everyone who is present when the marriage contract is done, such as the scribe, relatives, the official and others. They are all witnesses to it, if they are fit to be witnesses. And Allah knows best.
Islam Q&A
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5 - Ruling on what comes before consummating the marriage with ones wife; is it haraam to have intercourse after doing the marriage contract?
I heard someone say, when a young man asked him what the rights of the one who has had made a marriage contract are, he replied: Allaah says (interpretation of the meaning): Forbidden to you (for marriage) are: your mothers, your daughters, your sisters, your fathers sisters, your mothers sisters, your brothers daughters, your sisters daughters, your foster mothers who gave you suck, your foster milk suckling sisters, your wives mothers, your stepdaughters under your guardianship, born of your wives to whom you have gone in but there is no sin on you if you have not gone in them (to marry their daughters) [al-Nisa 4:23] Here Allaah differentiates between those to whom you have gone in (consummated the marriage) and those to whom you have not gone in. Is it permissible for the the one who has had made a marriage contract to have intercourse or touch (his wife)? I read previously that it is permissible for the one who has had made a marriage contract to do everything because she is his wife, and if the wife gets pregnant before the wedding party, the child is legitimate and has the right to inherit. Is the evidence for this answer correct?. Praise be to Allaah. Firstly: The speaker whom you mention is not correct with regard to the ruling or to the evidence quoted. The verse which he quoted as evidence is describing the women whom a man is forbidden to marry. Allaah states that it is haraam to marry mothers, daughters and paternal aunts. Among others whom Allaah says men are forbidden to marry are the daughters of a wife with whom one has consummated the marriage. If a man makes a marriage contract with a woman and she has a daughter, then he leaves her before consummating the marriage with her, then it is permissible for him to marry her daughter, but if he leaves the mother after consummating the marriage with her, then it is not permissible for him to marry her daughter, rather she is permanently forbidden to him. This is what the verse means. The verse has nothing to do with what is permitted for the husband to do with his wife with whom he has made a marriage contract. Rather the verse speaks of those women whom a man is forbidden to marry, and states that in order for a stepdaughter the daughter of a wife to become his mahram (one whom he is forbidden to marry), it is stipulated that he have consummated the marriage with her mother, and if he has not consummated the
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marriage with her mother, then it is permissible for him to marry her (the daughter). Any person who is asked about something that he does not know must say I do not know. It is not permissible for anyone to say about Islam something that is not true, or to say that something is haraam when Allaah has permitted it, or to say that something is halaal when Allaah has forbidden it. Allaah says (interpretation of the meaning):
And follow not (O man, i.e., say not, or do not, or witness not) that of which you have no knowledge. Verily, the hearing, and the sight, and the heart of each of those ones will be questioned (by Allaah)
[al-Isra 17:36]
Say (O Muhammad): (But) the things that my Lord has indeed forbidden are Al-Fawaahish (great evil sins and every kind of unlawful sexual intercourse) whether committed openly or secretly, sins (of all kinds), unrighteous oppression, joining partners (in worship) with Allaah for which He has given no authority, and saying things about Allaah of which you have no knowledge
[al-Araaf 7:33] Secondly: With regard to the one who has made a marriage contract with his wife, it is permissible for him to do everything, as she is his wife and he is her husband. If she dies he will inherit from her and if he dies, she will inherit from him, and she is entitled to the mahr in full. But it is better for the one who has made a marriage contract not to consummate the marriage until the marriage has been announced, because consummating the marriage before it has been announced may lead to many evils. The wife may be a virgin and lose her virginity, or she may become pregnant from this intercourse, then she may get divorced or her husband may die, and this will cause anxiety to her family and will cause great embarrassment. Hence the one who has made a marriage contract may touch and kiss his wife, but he should refrain from intercourse, not because it is haraam, but because of the bad things that may result from it. For more information please see the answer to question no. 3215. Thirdly: A number of practical rulings have to do with not consummating the marriage.
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Iddah: if a man divorces his wife before consummating the marriage with her, she does not have to observe any iddah, because Allaah says (interpretation of the meaning): O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no Iddah [divorce prescribed period] have you to count in respect of them. So give them a present, and set them free (i.e. divorce) in a handsome manner
[al-Ahzaab 33:49] Mahr (dowry): if a man divorces his wife before consummating the marriage with her, then she is entitled to half of the agreed upon dowry, because Allaah says (interpretation of the meaning):
And if you divorce them before you have touched (had a sexual relation with) them, and you have appointed unto them the Mahr (bridal-money given by the husband to his wife at the time of marriage), then pay half of that (Mahr), unless they (the women) agree to forego it, or he (the husband), in whose hands is the marriage tie, agrees to forego and give her full appointed Mahr. And to forego and give (her the full Mahr) is nearer to At-Taqwa (piety, righteousness)
[al-Baqarah 2:237] If no mahr has been stipulated, then she is entitled to a gift according to what he can afford, because Allaah says (interpretation of the meaning):
There is no sin on you, if you divorce women while yet you have not touched (had sexual relation with) them, nor appointed unto them their Mahr (bridal-money given by the husband to his wife at the time of marriage). But bestow on them (a suitable gift), the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good
[al-Baqarah 2:236] But if the husband dies, then she is entitled to the mahr in full, if it was agreed upon, and if they had not agreed on the mahr, then she is entitled to a mahr like that of her peers. It was narrated from Alqamah from Ibn Masood (may Allaah be pleased with him) that he was asked about a man who married a woman but did not stipulate a dowry, and he did not consummate the marriage with her before he died. Ibn Masood said: She should have a dowry like that of her peers, without exaggeration or falling short, and she has to observe the iddah, and the inheritance is hers. Maqil ibn Sinaan al-Ashjai stood up and said: The Messenger of Allaah (peace and blessings of Allaah be upon him) passed a ruling concerning
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Birwa bint Waashiq one of our womenfolk similar to what you have said. Ibn Masood rejoiced at that. Narrated by Abu Dawood (2114), al-Tirmidhi (1145), al-Nasaai (3355), Ibn Maajah (1891). Classed as saheeh by al-Albaani in Irwa al-Ghaleel (1939). And Allaah knows best.
Islam Q&A
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6 - Is it better to get engaged and do the marriage contract a year later, or to do the marriage contract straight away so that he will not fall into haraam?
Which is better from a shari and practical point of view for fear of disobeying Allaah 1. To get engaged for one year then do the marriage contract and consummate the marriage on the wedding night 2. To get engaged for a while then do the marriage contract three months before consummation 3. To do the marriage contract and then consummate the marriage one year later, with no engagement period? What is your opinion of these options? Please note that there may be some overstepping the limit before the marriage contract, such as looking at ones fiance with desire, speaking some words of love and holding hands sometimes. Praise be to Allaah. The fianc is a stranger (non-mahram) to his fiance so it is not permissible for him to shake hands with her, look at her with desire, be alone with her or speak words of love to her, etc. Rather Islam only permits him to look at her when proposing marriage without desire or being alone with her, because that will lead to a lasting marriage, lest there be anything that he dislikes in her that he does not know about but that may be a cause of him being put off by her in the future. What some people do, being lax with regard to their interactions with their fiances and looking, being alone with them etc, is a great evil which should be avoided and warned against. If the fiance cannot control himself with regard to the things that we have mentioned, then it is better for him to do the marriage contract straightaway, or shortly after getting engaged, so that he will avoid falling into haraam. It is well known that the one who has done the marriage contract is a husband and everything that is permissible for husbands is permissible for him, but he should not have intercourse until his wife moves in with him, in accordance with custom and so as to avoid any negative consequences that may result if intercourse takes place before the consummation is announced. There is nothing wrong with delaying consummation from the time of the contract, for a year or three months, depending on each partners circumstances. There is no specific rule in shareeah concerning this matter, rather it varies according to peoples circumstances. In the past the engagement, contract and consummation may all have taken place on one day,
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or it may have been done otherwise. The Prophet (peace and blessings of Allaah be upon him) did the marriage contract with Aaishah (may Allaah be pleased with her) when she was six years old and he consummated the marriage with her when she was nine. What matters is that you should avoid falling into haraam. Hence the one who cannot control himself during the engagement period should hasten to do the marriage contract. And Allaah knows best.
Islam Q&A
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7 - He used to miss some prayers does he have to renew the marriage contract?
We live in a society where prayer is neglected to a large extent. I grew up praying, praise be to Allaah, but I did not care sometimes if I prayed Zuhr on time or I made it up with Asr, for example. I also missed some prayers at some points in my life, as did my wife. After we got married, this continued for a while, then we decided to repent to Allaah and now, praise be to Allaah, we offer all the prayers regularly on time. What is worrying me and making me feel that this deed is not rewarded is the view of some scholars, such as Shaykh Ibn Uthaymeen and Shaykh Ibn Baaz (may Allaah have mercy on them) that the one who does not pray out of laziness or carelessness is a kaafir and apostate, and they quoted evidence for that from the Quraan and Sunnah, even though there are scholars such as Shaykh al-Albaani (may Allaah have mercy on him) who say that it is a lesser form of kufr. Even though I feel that this is the right opinion, I am afraid that I may be wrong, and I want to follow the view of Shaykh Ibn Uthaymeen so that I can put an end to doubt, but this involves several things, some of which I can do and some I cannot. They are: 1 My wife and I doing ghusl for entering Islam and uttering the Shahaadatayn. This is something we can do. 2 We need to renew the marriage contract, because it is regarded as invalid. My question is: how can we do this? Do we need the wifes wali (guardian) and two witnesses? How can I tell my wifes father about this and bring witnesses? This would be very difficult for my wifes father and he may reject this idea or remain angry about it for the rest of his life, so I can never renew the marriage contract and the problem will get worse and worse. Also I cannot be certain that the witnesses always prayed regularly from the time they reached puberty until now. If I follow the view of Shaykh al-Albaani (may Allaah have mercy on him), will I be regarded as falling short? Do I have to make up the missed prayers even though I do not know how many they are, or can I offer more Sunnah and naafil prayers? How should I make them up? Can I pray Asr for today, for example, then pray Fajr, Zuhr and Asr for the past days, or should I offer every obligatory prayer that I missed at the time of that prayer? Please advise me, may Allaah reward you with good, because I am very confused and it is almost killing me. I do not want my good deeds to go to waste and I do not want to die a kaafir, Allaah forbid. Praise be to Allaah. Firstly:
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The difference of opinion among the scholars concerning the ruling on one who does not pray out of laziness is justifiable. But what is indicated by the sound evidence is that he is a kaafir. For more information on the evidence please see question no. 5208. Secondly: If the one who does not pray repents and prays, then he has come back to Islam and he does not need to repeat the Shahaadatayn. Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: As for the one who does not pray sometimes and does not make them up and does not intend to make them up, or he misses some of the obligatory parts of the prayer and does not make them up or intend to make them up, many of our companions ruled that he becomes a kaafir thereby Then when he prays again he becomes a believer, as is indicated by the words of the Prophet (peace and blessings of Allaah be upon him): Whoever misses Asr prayer deliberately, his good deeds will be lost. And he (peace and blessings of Allaah be upon him) said: Whoever misses a prayer deliberately is no longer under the protection of Allaah. End quote. He also said: If he prays after stopping praying, he comes back to Islam from apostasy, and his prayer is valid, unlike the one who was originally a kaafir, whose prayer is not valid until after he says the Shahaadatayn, because the kufr of the former is due to failing to do something, and if he does it he comes back to Islam. In the case where a persons kufr results from rejecting (some of the obligations of Islam), if he then accepts and affirms the obligation, then he rejoins Islam. If it is said that in cases other than this, the apostates return to Islam is not valid unless he utters the Shahaadatayn, no matter what form his apostasy took, the answer is that it is because he denied something, so he must speak words of affirmation, starting with the Shahaadatayn, which implies accepting everything else. But in this case (the one who does not pray), he accepts that it is obligatory, so all he needs to do is to do it in order to rejoin Islam. End quote. Based on this, your saying thus I am still a kaafir and Allaah will not accept any deed from me is incorrect, rather your having repented to Allaah and your performing the prayers mean that you are no longer a kaafir, and the one who repents from sin is like one who did not sin at all. Thirdly: You do not have to renew your marriage contract, unless it was done when one or both of you was not praying, in which case you have to renew it.
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But if the prayers were missed after you got married, you do not have to renew the marriage contract, because if one of the spouses apostatizes then returns to Islam during the iddah period, then the original marriage contract is still valid and they do not need to repeat the contract. Some scholars are even of the view that the original contract is still valid even if he comes back to Islam after the end of the iddah, so long as they both agree to come back. This is the correct view. For more information on that please see question no. 21690. Shaykh Ibn Uthaymeen (may Allaah have mercy on him) was asked: What is the ruling on a married woman staying with a husband who does not pray and he has children from her? He replied: If a woman is married to a man who does not pray in congregation or at home, then the marriage is not valid, because the one who does not pray is a kaafir, as is indicated by the Holy Quraan and the Sunnah and the views of the Sahaabah. Abd-Allaah ibn Shaqeeq said: The companions of the Prophet (peace and blessings of Allaah be upon him) did not regard the omission of any deed to be kufr except prayer. It is not permissible for a kaafir to marry a Muslim woman because Allaah says (interpretation of the meaning):
then if you ascertain that they are true believers send them not back to the disbelievers. They are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them
[al-Mumtahanah 60:10] If he stops praying after getting married, then the marriage contract is annulled, unless he repents and comes back to Islam. Some of the scholars limited that to the end of the iddah; once the iddah ends then it is not permissible for him to go back to her if he becomes Muslim, except with a new marriage contract. The woman has to separate from him and not allow him to be intimate with her unless he repents and starts to pray, even if she has children from him, because in this case the father does not have custody of the children. End quote from Fataawa Arkaan al-Islam, p. 279. This applies if he has stopped praying altogether. But if he misses some of the prayers, then some of the scholars do not regard him as having become a kaafir thereby. This is the view of Shaykh al-Islam Ibn Taymiyah and Ibn Uthaymeen (may Allaah have mercy on him). And some of the scholars say that the one who misses a single obligatory prayer deliberately until the time for it and the time for a prayer to which it may be joined is over, becomes a kaafir thereby,
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such as if he delays Zuhr until the sun sets. But if this person who has missed an obligatory prayer starts to pray again before the iddah is over, he comes back to Islam and his marriage continues. Your question does not suggest that either of you stopped praying for a long time that would include the iddah period, rather at the most you did not pray sometimes, then you went back to praying. This means that the marriage contract is still valid, as stated above. It seems to us from your question that you do not have to renew the marriage contract. Firstly, because when you did not pray, you did not stop praying altogether, rather you missed some prayers, and this does not constitute kufr according to many scholars, unless one stops praying altogether. Secondly: This missing some prayers even if we assume that it is kufr was for a short time during which the iddah could not have ended, and going back to prayer before the iddah ends does not invalidate the marriage contract and it remains valid as it was before missing prayers. Fourthly: If a person stops praying then repents from that, he does not have to make up the prayers that he missed, according to the more correct view, but he should do a lot of naafil acts of worship and good deeds, because Allaah says (interpretation of the meaning):
And verily, I am indeed forgiving to him who repents, believes (in My Oneness, and associates none in worship with Me) and does righteous good deeds, and then remains constant in doing them (till his death)
[Ta-Ha 20:82] For more information on that, please see the answer to question no. 91411. We ask Allaah to guide us and you. And Allaah knows best.
Islam Q&A
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8 - Is it correct for the husbands father to be a witness to his marriage contract?

I have been married for two years but my marriage was done in the following manner: Two years after getting engaged, we decided to do the marriage contract. I went with my father and my fiance and her father to the registrars office, but we found only one notary public. His companion was absent even though he knew that he and his companion were supposed to sign the marriage contract. The notary who was present knows my father. That notary did the marriage contract and asked my wifes father about the dowry and whether he had received it. He said that he had received it when he had only received half of it, and we went ahead with the marriage contract. When we came out I did not feel comfortable about that so I asked my father whether this marriage contract was Islamically acceptable, since there must be two witnesses and there had only been one. My father replied that there was nothing wrong with that, so I kept quiet, but until now I am not convinced about that. Hence I am asking whether my marriage is Islamically acceptable or is there any reservation concerning it? Can my father be counted as a witness? If it is not Islamically acceptable, what is the solution?. Praise be to Allaah. The marriage contract mentioned is valid and your father can be counted as a witness to your marriage. This is the view of Imam al-Shaafai and was narrated in one of the reports from Imam Ahmad (may Allaah have mercy on them both). See Nihaayat al-Muhtaaj, 6/218; al-Insaaf, 8/105 That is because he is not a wali (guardian) with regard to marriage, so he may be a witness, unlike the wifes father. The view that this is valid was favoured by Shaykh Ibn Uthaymeen (may Allaah have mercy on him). After mentioning the first view on this matter, which is that it is not permissible for any ascendant (father, grandfather, etc) or descendant (son, grandson, etc) of either spouse to be a witness to the marriage, he said: The second view is that this is valid, and one or both witnesses may be an ascendant or descendent. Then he said: So the correct view is that the marriage contract is valid. This was narrated from Ahmad and was the view favoured by many of our companions. Al-Sharh al-Mumti, 5/163
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Moreover you mention that you have been married for two years, so it may be assumed that the marriage has been announced publicly, such as inviting people to a wedding party and so on, as is customary among people nowadays. This is sufficient to make the marriage valid, even if it was not witnessed by two witnesses, according to some scholars. This is the view favoured by Shaykh alIslam Ibn Taymiyah who said: There is no doubt that a marriage that is announced publicly is valid, even if it is not witnessed by two witnesses. Al-Ikhtiyaaraat, p. 210 The wifes father erred by saying that he had received the dowry when in fact he had only received half of it, but that does not affect the validity of the marriage contract. And Allaah knows best.
Islam Q&A
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9 - Is it permissible for the father of the girl to prevent her husband from sitting with her after the aqd (marriage contract)?
I have done the marriage contract with a girl, and we have agreed that the wedding party will be in one years time for financial reasons, but her father completely refuses to let me be alone with her, even for a few moments, to talk or just to sit. Is it permissible for him to prevent me from sitting and being alone with her on the basis of custom and tradition? What should I do?. Praise be to Allaah. The marriage contract has three pillars or essential parts: the proposal, acceptance, and consent of the wifes guardian. The proposal is issued by one of the two parties first of all, indicating what he wants of forming a contract. It is call ijaab which means commitment. The acceptance is issued second by the other party, indicating that he agrees to what the first party has proposed. This is called acceptance because it indicates consent to what the first party has proposed. If this is done in the presence of the wife's guardian and with his consent, then the marriage contract has been completed and the woman has become his wife and he has become her husband. There result from this contract a number of shari implications, which are: 1. 2. It becomes permissible for each of the spouses to enjoy intimacy with the other. The dowry which is mentioned in the contract becomes obligatory, if he consummates the marriage with her or if he is alone with her in the shari sense and in such a way that he would be able to have intercourse with her, or if he dies before consummating the marriage or being alone with her. She becomes entitled to half of the amount as a result of the contract if he divorces her before consummating the marriage or being alone with her. If he did not state an amount for the dowry, then upon consummation or if he dies or if he is alone with her, she becomes entitled to a dowry like that of her peers, such as her sisters and female cousins. It becomes obligatory on the husband to spend on the wife's maintenance, such as food, clothing and shelter. This does not become obligatory upon the husband until after he has consummated the marriage with her, because these obligations are in return for intimacy and her living under his care.
3.
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4. 5.
Any children are to be attributed to the husband if the marriage has been consummated or if he has been alone with her in the shari sense. The right of inheritance is established between the spouses, if one of them dies, whether the husband has consummated the marriage with his wife or not. The in-laws become mahrams, which means that the ascendants and descendants of the husband become mahrams for the wife, and the ascendants and descendants of the wife become mahrams for the husband, according to the explanations of the scholars.
6.
From what we have mentioned with regard to the consequences of marriage, the answer to the question is known, which is that it is permissible for both spouses to enjoy intimacy, such as touching, kissing and so on, with the other as soon as the marriage contract is done. In the answer to questions number 74321 and 13886 there was a discussion of the things that are permissible for the one who has done the marriage contract with a woman, even if he has not yet consummated the marriage with her. But it is permissible for the guardian to be strict with regard to being alone with her -- which means closing the door, drawing the curtains and especially intercourse -- because of the problems that may result from that before the marriage is announced. One spouse may die or divorce may occur, which would result in bad consequences for the woman in the event that she is pregnant or has lost her virginity. In the answer to question no. 3215, there is a discussion of this issue, which we hope you will read. If we add to these problems that which happens a lot of negligence concerning this issue before consummation and moving to the marital home, namely the way people view these matters and their customs and traditions which do not accept this kind of relationship except after consummation of the marriage in the marital home that has been prepared for that, then this is something to be taken into consideration with regard to protecting honour and lineages. The husband should pay attention to this matter and think with his head, not with his heart, and he should understand the effects of this if death or divorce were to occur. He should remember that he definitely would not accept that for his daughter, and by the same token people do not accept that for their daughters. We think that this is the best solution and the middle way between going to extremes and being careless with regard to this matter. And Allaah knows best.
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Islam Q&A
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10 - She married without her walis consent and the marriage contract was done without her being present
I got married a while ago to a man with a marriage contract done by a lawyer, because of certain circumstances, on the basis that when things changed, we would get married in the presence of a notary public, in sha Allaah. In the marriage contract all the clauses were valid and the witnesses were the lawyer himself and his partner. But I was not present because circumstances did not allow that, and it was essential that the matter be done so the marriage contract was done without me being present. Because we trusted the lawyer and he trusted us. When my husband brought the marriage contract we put our hands on the Holy Qur'aan and exchanged vows of marriage according to the laws of Allaah and His Messenger and according to the madhhab of Imam Abu Haneefah, and we lived as man and wife until my husband travelled. My question is: is what happened halaal or haraam? Because I have started to get worried and I am afraid that what happened was not done properly, because I was not present and the witnesses did not hear me. Praise be to Allaah. Firstly: We are very upset to hear of the Muslims toying to such an extent with the marriage contract which Allaah calls a firm and strong covenant [al-Nisa 4:21]. We are astounded by this audacity in transgressing the sacred limits of Allaah. Would this lawyer or the husband or the witnesses agree for his daughter or sister to be married in such a way, without his knowledge or consent? We do not think that anyone who has any kind of manhood or decency would accept that for his daughter or sister, so why would they accept it for the daughters of other people? Moreover, with regard to these witnesses, what did they witness? The wife was not present, and they did not hear from her or from her guardian that she agreed to this marriage. It is not permissible for a witness to bear witness to anything but that which he knows. As for the lawyer or anyone else simply being trustworthy, that does not make it permissible for them to bear witness to something that they do not know. Secondly:
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The marriage contract done in this manner is not valid, because it is not valid for a woman to give herself in marriage, rather it is essential that her guardian (wali) be present and give his consent. The Prophet (peace and blessings of Allaah be upon him) said: There is no marriage except with a guardian. Narrated by alTirmidhi (1101); classed as saheeh by al-Albaani in Irwa al-Ghaleel (1893). And the Prophet (peace and blessings of Allaah be upon him) said: Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. Narrated by al-Tirmidhi (1102), classed as saheeh by al-Albaani in Irwa al-Ghaleel (1840). Your saying that the marriage was done in accordance with the madhhab of Abu Haneefah does not alter the ruling in the slightest, because the opinion of anyone does not outweigh the words of the Messenger (peace and blessings of Allaah be upon him), and the Messenger (peace and blessings of Allaah be upon him) ruled as you know, that a woman cannot give herself in marriage and that the marriage of one who gave herself in marriage is invalid. Shaykh Ahmad Shaakir (may Allaah have mercy on him) said some very important words about this matter: What no one among the scholars doubts is that the hadeeth There is no marriage except with a guardian is a saheeh hadeeth, which is proven by means of an isnaad which almost reaches the level of mutawaatir. This is the view of all the scholars, which is supported by the Quraan, and no one disagreed with that as far as we know except the Hanafis and those who followed them. The early ones among them may be excused, as it may be that the hadeeth did not reach them at that time with a saheeh isnaad. As for the later ones among them, they fell pray to sectarianism and tried hard to prove the reports weak or misinterpret them without any proof. And now we can see in many of the Muslim lands which follow the Hanafi madhhab with regard to this issue the destructive effects of this view on morals, manners and peoples honour, which means that most of the marriages of women who got married without their guardians or in spite of them, are invalid according to shareeah, which means that their children are illegitimate. I urge the Muslim scholars and leaders in every land and region to re-examine this serious issue and return to that which was enjoined by Allaah and His Messenger, which is the requirement of a wise wali in the marriage, so that we will avoid many of the dangers to which women are exposed, because of their ignorance and rashness, and their pursuit of false freedoms, and their following their whims and desires, especially the misled ones among them, the educated class, which fills our hearts with sorrow and grief. May Allaah guide us to the laws of Islam and grant us a good end. End quote.
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Mukhtasar Tafseer Ibn Katheer (1/286). Based on this, the marriage that took place between you is not valid, and the way to make it valid is to do a new marriage contract in the presence of your wali and two witnesses. We ask Allaah to set your affairs straight. And Allaah knows best.
Islam Q&A
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11 - They committed zina then got married, and they cannot remember if they repented before doing the marriage contract or not; do they have to do a new marriage contract?
I am married, but my husband and I committed zina (fornication). After I read your answer to the question Effects of marriage that results from an illicit relationship, waswaas (whispers from the Shaytaan) began to affect me and my husband, because we cannot remember when we repented from this sin and I do not remember whether I menstruated before the marriage contract. All I know is that I was not pregnant. We regret it deeply and we do not know what to do. Praise be to Allaah. It is not permissible for the zaani to marry the zaaniyah except after repenting, because Allah says (interpretation of the meaning):
The adulterer fornicator marries not but an adulteress fornicatress or a Mushrikah; and the adulteress fornicatress, none marries her except an adulterer fornicater or a Mushrik [and that means that the man who agrees to marry (have a sexual relation with) a Mushrikah (female polytheist, pagan or idolatress) or a prostitute, then surely, he is either an adulterer fornicator, or a Mushrik (polytheist, pagan or idolater). And the woman who agrees to marry (have a sexual relation with) a Mushrik (polytheist, pagan or idolater) or an adulterer fornicator, then she is either a prostitute or a Mushrikah (female polytheist, pagan, or idolatress)]. Such a thing is forbidden to the believers (of Islmic Monotheism)
[al-Noor 24:3]. If you both repented to Allah before marriage, then your marriage is valid. But if the marriage contract was done before you repented, then this is a matter concerning which the fuqaha differed. The majority are of the view that the marriage of the zaani and zaaniyah is valid, even if they have not repented. The Hanbalis are of the view that the marriage of a zaaniyah is not valid unless she repents, but they did not stipulate that the zaani has to repent in order for the marriage to be valid. Al-Insaaf, 8/132; Kashshaaf al-Qinaa, 5/83.
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According to this view, if you repented before the marriage contract, then the marriage is valid, but to be on the safe side you may do a new marriage contract. Repentance means regretting it and resolving not to go back to that sin. If you regretted falling into haraam and resolved to give it up, and got married, then this is repentance on your part. With regard to istibra (determining that the woman is not pregnant) or iddah, this is also a matter concerning which the fuqaha differed. The Hanafis and Shaafais are of the view that it is not necessary. What we advise you to do is to do a new marriage contract, without telling the wali the real reason for it. That is in order to be on the safe side. How the marriage contract is to be done is that your wali (guardian) should say to your husband in the presence of two witnesses: I give my daughter or sister So and so in marriage to you; and your husband should say: I accept. If it is not possible to do a new marriage contract without telling people of the haraam relationship, then we hope that you do not have to do that, and your marriage remains as it is, based on the majority view that this marriage is valid. We ask Allah to set your affairs straight and to accept your repentance. And Allah knows best.
Islam Q&A
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12 - Doing the marriage contract on Friday

I am going to do the marriage contract with my fiance in the very near future, in sha Allah. I chose Friday to do the marriage contract, then I found out that some scholars stated that it is mustahabb to do the marriage contract on Friday, whilst others think that it is an innovation. What do you advise me to do? Should I stick to my plan or change it so as to avoid falling into innovation?. Praise be to Allaah. There is no particular day of the week or year for doing marriage contracts. Rather a person may do his marriage contract on any day he wants, whether it is a Friday or any other day, so long as the reason why he chooses this day is because that is most suitable for him. There is nothing in this matter, in and of itself, that has to do with Sunnah or bid ah. This is based on the apparent meaning of your question, that you chose Friday in the first place then you heard something about it. Based on that, you do not have to change that appointment and there is no innovation involved in that, in sha Allah. With regard to it being mustahabb to do the marriage contract on that day, and deliberately seeking to do that, this was mentioned by more than one of the fuqaha among the followers of all four madhhabs. Ibn Qudaamah (may Allah have mercy on him) said: It is mustahabb to do the marriage contract on a Friday. End quote. Al-Mughni, 7/64 Al-Nafaraawi al-Maaliki (may Allah have mercy on him) said: It is mustahabb for the proposal and the marriage contract to be on a Friday. End quote. Al-Fawaakih al-Dawaani, 2/11 See also Asnal-Mataalib by Shaykh Zakariya al-Ansaari al-Shaafai, 3/108; Fath al-Qadeer by Ibn al-Humaam al-Hanafi, 3/189
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They quoted as evidence for that the actions of a number of the early generation, including Damurah ibn Habeeb, Raashid ibn Sad and Habeeb ibn Utbah. They also noted that Friday is a blessed day, so there is the hope that Allah will bless the marriage if it takes place on the blessed day; and because it is a noble day and a day of Eid. It should be noted that the way the fuqaha spoke of it was to say that it is mustahabb; they did not say that it is Sunnah, because they knew that encouragement to do the marriage contract on a Friday was not narrated from the Prophet (blessings and peace of Allah be upon him); rather it was narrated from some of the early generation and early fuqaha, and was based on their own opinions on attaining blessing for the marriage if it coincided with the blessing of Friday, and in the hope that Allah would answer supplications offered on that day. The fuqaha often use the word mustahabb to refer to something for which no particular evidence was narrated. So what is mustahabb in their view is broader in scope that what is described as Sunnah, because the latter requires proof that it is indeed narrated from the Prophet (blessings and peace of Allah be upon him) in a saheeh, marfoo hadeeth. Hence some of the scholars pointed out that we cannot rely upon the description of something as being mustahabb as meaning that it is a proven Sunnah from the Prophet (blessings and peace of Allah be upon him), so that it will not be thought to be Sunnah; rather it should be noted that the issue of it being mustahabb is subject to further discussion. Shaykh Ibn Uthaymeen (may Allah have mercy on him) said: I do not know of any Sunnah concerning this. They gave as the reason for that the fact that the latter part of Friday is a time when supplications are answered, so there is the hope that the supplication that is usually offered for blessing for the couple will be answered. But it might be said: Was it the practice and Sunnah of the Prophet (blessings and peace of Allah be upon him) to seek out this time? If that is proven, then saying that it is mustahabb is acceptable. But if it is not proven, then it should not be taken as a regular practice. Hence the Prophet (blessings and peace of Allah be upon him) used to perform marriages and get married at any time, and there is no proof that he chose any particular time. Yes, if it happens to take place at that time we say that this, in sha Allah, is a fortunate coincidence, but as for seeking out this time, that is subject to further discussion, unless there is evidence to that effect. 41
So the correct approach is that whenever it is possible to do the marriage contract, whether in the mosque or at home or in the marketplace or on an airplane and so on, and whenever it is possible to do it, that is fine. End quote from al-Sharh al-Mumti, 12/33 To sum up: So long as you chose that day from the outset, there is nothing wrong with you doing that, and you do not have to change it, and we hope that Allah will bestow upon you the blessing and grace of that day. And Allah knows best.
Islam Q&A
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13 - He did the marriage contract with her and was intimate with her without intercourse in Ramadaan, and he had intercourse with her before announcing the marriage!
I got engaged to a religious brother two months ago. He wanted us to have the contract done straight away instead of just engagement. But my family refused saying that there is no reason to hurry. We used to be together alone without a guardian, therefore, what I was afraid of has happened (foreplay without intercourse) in the best month Ramadan. Since then I have been in great grief. How can I fast five months as expiation for what happened during five days of Ramadan (a month fasting expiation for every day)? This is my first problem that keeps me sleepless. Please guide me. Two weeks ago we had our marriage contract done. We had intercourse before announcing the consummation of our marriage that would take place next year. I read many answers on your website regarding the rights of the husband after marriage contract and before consummation, and found that he should wait until marriage is announced to avoid any problems. I told him that I will not agree to intercourse until we announce the marriage; he refused and insisted on having his right which is to enjoy me as his wife. What should I do? My family do not know that I am not anymore virgin. And I fear I get pregnant before our announced marriage. What shall I do in this situation? Shall I obey him when he needs me? Should I tell my family that we had intercourse, although they will never accept this?. Praise be to Allaah. Firstly: If the basic conditions of marriage, such as the proposal and acceptance, and consent of the womans wali (guardian), are met in the presence of two witnesses, or by announcing this marriage contract, then the woman becomes the wife of the man, and it is permissible for each of them to enjoy intimacy with the other. It is permissible for the couple to enjoy intimacy before announcing the marriage by kissing and so on, even if that leads to emission of maniy, so long as no intercourse takes place. Secondly:
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No expiation (kafaarah) is required of one who breaks the fast in Ramadaan with no excuse, unless the fast is broken by intercourse. Expiation is not required of the one who breaks the fast with anything other than intercourse. Based on this, no expiation is required for the intimacy that took place in Ramadaan so long as you say that it took place without intercourse. If emission of maniy occurred as a result, then the fast of that day was spoiled, and you must repent to Allaah from that, regret what has happened, and fast one day to replace that day. But if no maniy was emitted, then the fast is valid, and you do not have to do anything. See also the answers to questions no. 71213, 14315, 49614 and 37887. Thirdly: With regard to what happened, of your husband having intercourse with you before announcement of the marriage, he has obviously done wrong and there are many consequences to his action. How could he be religiously committed and not heed the warnings and advice of the scholars to those who do marriage contracts not to hasten to consummate the marriage. What he claims, that this is his right, is not correct. There was an agreement between him and your family to delay the consummation until the time that had been agreed upon, so he should have fulfilled that agreement, and adhered to this condition which he had agreed to. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: The condition which most deserves to be fulfilled is that by means of which intimacy becomes permissible for you. Narrated by al-Bukhaari (2721) and Muslim (1418). Shaykh Abd al-Azeez ibn Baaz (may Allaah have mercy on him) was asked: What is it permissible for a man to do with his wife after the marriage contract had been done and before consummation of the marriage? He replied:
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It is permissible for him to do what men do with their wives, but he should be patient until the time agreed for consummation of the marriage. If he needs to visit her or get in touch with her, with her familys permission, for a clear reason, there is nothing wrong with that. If he meets her and is alone with her with her familys permission, there is nothing wrong with that. But if it is done secretly without anyone knowing, that is dangerous, because she may get pregnant from him, then he may think badly of her or deny that he was intimate with her, so there may be a lot of fitnah and trouble. What he should do is refrain and be patient until the time agreed for consummation of the marriage. If there is a need to contact her or meet with her, that should be with her father or her mother or brother, so that nothing can happen that may have negative consequences. End quote. Fataawa al-Shaykh Ibn Baaz (21/208, 209). Shaykh Muhammad ibn Saalih al-Uthaymeen (may Allaah have mercy on him) said: If a man does the marriage contract with a woman, then he is her husband and he may speak to her on the phone and send letters to her. There is nothing wrong with him being in touch with her, but without intercourse, because she is his wife. If he calls her and enjoys sitting with her and kissing her, there is nothing wrong with that, but intercourse should not take place, because there is danger involved in intercourse and it may lead to him thinking badly of her, or she may get pregnant from this intercourse and give birth before the set time for consummation, so the woman may be accused of misconduct. End quote. Liqaaaat al-baab il-Maftooh (175/question no. 12). Fourthly: With regard to what you have to do, it is as follows: 1. 2. Immediately give up any contact between you that may lead to intercourse. Urge your husband to fear Allaah and hasten to announce the marriage, even if it involves incurring debts, or some hard work. The matter does not have to do with the possibility of pregnancy, but with the fact that the hymen has certainly been broken. This may have serious consequences if Allaah forbid he dies or divorces you.
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3.
If the husband cannot bring forward the wedding, then it is essential to tell your parents about what happened and not conceal it from them. This is very much in your interests. If he acknowledges what he did, then that is much less serious than if he were to divorce you then deny it, or if he were to die.
And Allaah knows best.
Islam Q&A
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14 - He divorced a woman by zihaar before the marriage contract was done with her, and he wants to marry her!
There is a young man who is 29 years old. His family sent word to him that they had proposed marriage for him to a girl whom he knows. When the news reached him, he said: She is to me as my mother's back (zihaar), and she is thrice divorced, because he did not want her. When he went to his family, he found that they had not proposed marriage to the girl for him; it was only a suggestion. But in the end, this man was convinced about this girl and wanted to marry her, and he is asking what is the ruling on what he did? Does he have to offer expiation for the zihaar or not? What is the ruling on the threefold divorce that he uttered? Please note that when he said these two things, the marriage contract had not been done with the girl; rather it was only a suggestion from his family. Praise be to Allaah. Before answering this question, I should advise this brother about this conduct and foolishness. The fact that he uttered the words of zihaar and divorced her three times, before the marriage contract was done and just because he was told that a proposal had been made to her on his behalf, is to be regarded as a sign of serious haste and foolishness. The wise and resolute person is the one who controls himself and does not do anything except that which leads to good consequences. How many people have been overcome by foolishness and anger and done things which they regret later on. With regard to what he did of zihaar and divorcing this woman with whom he had not done the marriage contract, it does not amount to anything, because divorce cannot happen except after the marriage contract, because Allaah says (interpretation of the meaning): O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them [al-Ahzaab 33:49]. And because divorce is for the one who has the right of intimacy with a woman, and he did not have the right to intimacy until then and did not have a marriage contract; and because divorce is undoing the marriage contract, and so long as he has not got married, there is nothing to be undone. With regard to zihaar, Allaah says (interpretation of the meaning): And those who make unlawful to them (their wives) by Zihaar [al-Mujaadilah 58:3]. So zihaar is connected to their wives, and so long as the marriage contract has not been done with a woman, she is not one of his wives, so zihaar cannot apply to her. But if this man intended by means of zihaar to refrain from having intercourse with her, then he must offer expiation for breaking an oath (kafaarat 47
yameen) if he had married her and had intercourse with her, so as to be on the safe side and so as to discharge any obligation. As for his zihaar, it is not binding, because she is not one of his wives. Expiation for breaking an oath is freeing a slave, or feeding ten poor persons, or clothing them. If he cannot do that, then he must fast for three consecutive days. End quote. Shaykh Muhammad ibn Uthaymeen (may Allaah have mercy on him).
Fataawa Noor ala al-Darb
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15 - Types of conditions in the marriage contract

I am a young man who is engaged and is going to get married. I've heard that at the time of the marriage contract, the wife can stipulate conditions in the contract. My question is: what are the limits of these conditions? What happens if the conditions are broken? Is it possible to give the wife herself the right to divorce (talaaq) if I break these conditions? Is it possible for the condition to be, for example, that I will not take another wife and in the event that I do take another wife she will be divorced from me? I hope you can advise and explain this matter in detail. May Allah reward you with good. Praise be to Allaah. The basic principle with regard to the conditions stipulated by both partners in the marriage contract is that it is a valid condition that must be fulfilled, and it is not permissible to break it, because the Prophet (blessings and peace of Allah be upon him) said: The condition which most deserves to be fulfilled is that by means of which intimacy becomes permissible for you. Narrated by al-Bukhaari (2721) and Muslim (1418). Shaykh Ibn Uthaymeen (may Allah have mercy on him) said: The basic principle with regard to conditions in the marriage contract is that they are valid, unless there is proof to show that they are not valid. The evidence for that is the general meaning of the evidence which speaks of fulfilling covenants:
O you who believe! Fulfil (your) obligations

[al-Maaidah 5:1]
And fulfil (every) covenant. Verily, the covenant will be questioned about
[al-Isra 17:34] and in the hadeeth narrated from the Messenger (blessings and peace of Allah be upon him) it says: The Muslims are bound by their conditions, except a condition that forbids what is permissible or permits what is forbidden. Narrated by alTirmidhi (1352). And he (blessings and peace of Allah be upon him) said: Whoever stipulates a condition that is not in the Book of Allaah it is not valid, even if he stipulates a hundred times. Narrated by al-Bukhaari (2155) and Muslim (1504). 49
To sum up, the basic principle with regard to conditions is that they are permissible and valid, whether they are to do with marriage, buying and selling, renting, pledges or mortgages, or awqaaf. The ruling on the conditions that are stipulated in contracts, if they are valid, is that they must be fulfilled, because of the general meaning of the verse (interpretation of the meaning):
O you who believe! Fulfil (your) obligations

[al-Maaidah 5:1]. End quote. Al-Sharh al-Mumti, 5/241 (Egyptian edition). For examples of that ,see the answers to questions number 20757 and 10343 With regard to the woman stipulating that the husband should not take a second wife, the opinion of some scholars is that this condition is permissible, and if the husband breaks it, the wife has the right to annul the marriage and take her dues in full. Ibn Qudaamah (may Allah have mercy on him) said: If he stipulates that he will not take her out of her house or her city, or that he will not travel with her or will not take another wife, then he is obliged to fulfil that, and if he does not do so, then she has the right to annul the marriage. This was narrated from Umar, Sad ibn Abi Waqqaas and Amr ibn al-Aas (may Allah be pleased with them). End quote. Al-Mughni, 9/483 Shaykh Ibn Uthaymeen (may Allah have mercy on him) said: If she stipulates that he should not take another wife, this is permissible. Some of the scholars said that it is not permissible, because it is restricting the husband in something that Allah has permitted to him, and it is contrary to the Qur'aan in which it says (interpretation of the meaning): then marry (other) women of your choice, two or three, or four [al-Nisa 4:3]. It may be said in response to that that she has a reason to ask him not to marry another wife and she is not transgressing against anyone. The husband himself is the one who is giving up his right; if he has the right to marry more than one, he is giving it up. So what is to prevent this condition being valid?
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Hence the correct view with regard to this matter is the view of Imam Ahmad (may Allah have mercy on him), which is that this condition is valid. End quote. Al-Sharh al-Mumti, 5/243 It should be noted that if the husband breaks this condition, his wife does not become divorced as a result of that, rather she has the right to annul the marriage, and she may either annul it or give up the condition and accept what her husband has done, and remain as his wife. Shaykh Saalih al-Fawzaan (may Allah preserve him) said: Among other conditions that are valid in marriage is if she stipulates that he should not take another wife. If he fulfils the condition (all well and good), otherwise she has the right to annul the marriage because of the hadeeth, The condition which most deserves to be fulfilled is that by means of which intimacy becomes permissible for you. Similarly, if she stipulates that he should not separate her from her children or parents, this condition is valid and if he breaks it, she has the right to annul the marriage. If she stipulates that her mahr should be increased or that it should be in a specific currency, the condition is valid and binding, and he has to fulfil it, and she has the right of annulment if it is broken. In that case she has the choice and may decide any time she wants and may annul it whenever she wants, so long as there is nothing on her part to indicate that she accepts it if she knows that he has gone against what was stipulated; in that case she would no longer have the option.
Umar ibn al-Khattaab (may Allah be pleased with him) said to the one who he ruled was obliged to fulfil what his wife had stipulated, when the man said, Divorce us in that case, Umar said: It is a must to fulfil the conditions, because of the hadeeth, The believers are bound by their conditions. Al-Allaamah Ibn alQayyim said: It is obligatory to fulfil these conditions which are the most deserving of being fulfilled. This is what is implied by shareeah, reason and sound analogy, if the woman did not agree to become a man's wife except on these conditions, and if it were not obligatory to fulfil them, then the marriage contract would not be based on mutual agreement, and it would be making something obligatory upon her that Allah and His Messenger have not made obligatory. End quote.
Al-Mulakhkhas al-Fiqhi (2/345, 346) And Allah knows best.
Islam Q&A
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16 - His wife is pregnant and he wants to marry a second wife; should he delay the marriage contract?
I am married and have a wonderful family. I was contacted by a sister whom I was intended to marry prior to this current situation. The question of polygamy was raised and thru futher conversation began plans to expand my family. We have coorespond for sometime by way of the internet and phone. Sometime as pasted an due to the fact that my current wife is pregnant. I delayed any chance of actually marring. I want to write a marriage contract in order to not sin. What would you advise? She wishes to marry and not wait. I pray that I am asking my question in the best manner. Can we write the contract and delay consumating after the arrival of the child. Or should I wait and repent to Allah. Praise be to Allaah. It is permissible for a man to marry a second wife and as many as four wives, because Allaah says (interpretation of the meaning):
then marry (other) women of your choice, two or three, or four; but if you fear that you shall not be able to deal justly (with them), then only one
[al-Nisa 4:3] This is subject to the condition that he be financially and physically able for it, and able to treat them fairly. Secondly: You can do the marriage contract now, and delay consummation until your first wife gives birth, or you can do the marriage contract and consummate the marriage straight away, because there is no connection between your wifes pregnancy and your taking a second wife. Undoubtedly in a case such as yours it is better to do the marriage contract so that you will not do anything haraam. By doing the marriage contract, the woman will become your wife and it will be permissible for you to talk to her, be alone with her and touch her, and everything that it is permissible for a man to do with his wife. But you have to fear Allaah and treat your wives fairly, and it is not permissible for you to favour one of them at the expense of the other.
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And it is not permissible for you to form a relationship with a non-mahram woman. If any such thing has happened then what you must do is repent to Allaah and put an end to this relationship until the marriage contract is done. And Allaah knows best.
Islam Q&A
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17 - Delaying consummation of the marriage after doing the marriage contract

A young man came and proposed marriage to me, but I was surprised to see his family objecting strongly to that, and they caused a great deal of trouble for him. I suggested to him that we do the marriage contract on paper for now, and we will stay apart from one another for some of the time, especially since I want to leave my current job and I have many entitlements that I cannot take unless I am married. Is there anything Islamically wrong with doing the marriage contract in this manner and delaying the consummation of the marriage?. Praise be to Allaah. Firstly: We ask Allaah to help you and guide you, and to compensate you with something better if you leave your job, and to bless you with a righteous husband who will be a delight to you. Secondly: If the marriage contract is done with the consent of both parties and in the presence of the womans wali (guardian) and two witnesses, then it is a valid marriage, whether the consummation takes place immediately afterwards or it is delayed for a long time or a short time. The Messenger (peace and blessings of Allaah be upon him) did the marriage contract with Aaishah when he was in Makkah, and he consummated the marriage with her three years later. Narrated by al-Bukhaari (3894) and Muslim (1422). Thirdly: It is better for him to try and convince his parents of this marriage, because that will be beneficial for him and for you and your children. He should try not to do this marriage without the agreement of his family, so that it will not be a cause of never-ending disputes and arguments or have a bad effect on your family life. Fourthly:
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It should be noted that it is not permissible for you to form a relationship with this young man, and that the fianc is a stranger (non-mahram) to his fiance until the marriage contract is done. And Allaah knows best.
Islam Q&A
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18 - She got married without writing the marriage contract should she repeat the marriage?
I have been married for a year and a half and when i got married it was to a muslim man and i became muslim after a year and a month of being married we did the marriage islamically correct ie: he asked my fathers permission and had two witnesses and he asked me what i wanted for dawry but we did not make a marriage contract do we need to make one and is the marriage valid?and also i do not have a Wali do i need one?. Praise be to Allaah. Firstly: May Allaah bless you; we congratulate you for the blessing of Islam, for it is the greatest of blessings. We also congratulate you for your marriage, and we ask Allaah to continue to bless it, and to bless you with a righteous husband and righteous offspring. Secondly: If the marriage was done with the agreement of your father and in the presence of two witnesses, then it is a valid marriage, and it does not matter that the marriage contract was not written down or that the mahr (dowry) was not recorded. But the marriage contract should be written down because that helps to protect peoples rights. As your marriage was done before you became Muslim, then your wali (guardian) was your father who was of the same religion as you, so if you want to write it down and document what is in the marriage contract, there is nothing wrong with that. But now your father is not qualified to act as your guardian, because of the difference in religion. See the answer to question no. 48992. But you do not need a wali now, because the previous marriage contract is valid, as stated above. And Allaah knows best.
Islam Q&A
[Ref : http://islamqa.com/en/ref/116994/] 57
19 - He did the marriage contract with her but she does not have any accommodation and he wants to be intimate with her I got engaged to a young man two years ago, and one year after the engagement the marriage contract was done, but we were still waiting until the marital home is ready. My problem with him is that he wants us to have marital relations in full but without consummating the marriage. If I refuse he threatens to cheat on me if I do not respond to him. He has doubts about me to such an extent that he does not let me go out or speak to my friends, and he made me give up work on the grounds that this will protect me from falling into haraam. Please note that I have never thought of what he is thinking of. Similarly he does not respect my family and he always insults them and slanders them, and he accuses them of not having raised me properly. But at the same time he wants me to go to his mother and make her happy, and if she mistreats me I have to apologize to her until she is pleased. Please note that until now he has not made any preparations in the house and he always makes excuses based on his not being well off. When I was working, I spent nearly half of my salary on him and he made me buy gifts for his family. Does he have any right to do this? Is there any sin on me if I do not do what he is telling me to do?.
Praise be to Allaah. Firstly: If the marriage contract has been done, then you have become his wife and it is permissible for a husband to be intimate with his wife however he wants. But she can refuse to let him have his way with her until he gives her the mahr and prepares a suitable marital home for her. Ibn al-Mundhir (may Allaah have mercy on him) narrated that the scholars were unanimously agreed that a woman has the right to refuse to let her husband consummate the marriage with her until he gives her the mahr. Al-Mughni (7/200). Al-Kasaani said in Badaai al-Sanaai (4/19) that a woman has the right to refuse to let her husband have his way with her until he provides her with a home.
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This is the shari ruling on this matter. What we are afraid of is that this man is not serious about providing a home and striving to settle in it and build a family, and that he is content to get his pleasure from meeting you. Hence we advise you not to answer his demand and not to let him be intimate with you, until he provides you with a home. This will encourage him to pay attention and hasten to consummate the marriage, and protect you. For intercourse may take place as the result of pressure on his part and weakness on yours, then pregnancy may occur, and that may lead to bad consequences in the event of divorce or delay of consummation of the marriage and announcement thereof to the people. Secondly: If your work is permissible and free of any haraam things, then we do not advise you to give it up, and the husband has no right to prevent you from working so long as he did the marriage contract with you at the time when you were doing this job and he did not stipulate that you should leave it. At the very least you should keep your job even if you take a temporary leave of absence until you find out what your husband is really like. Thirdly: Attention must be paid to the religious commitment and character of a husband, and one should find out whether he prays regularly and keeps away from haraam things. From your question it seems to us that this is not a man who is good in these ways, hence it is easy for him to insult your parents and to threaten to cheat on you. We do not know how such things could be said by a wise man who understands how things are. Is this a proper way of putting pressure on his wife threatening to commit zina as a punishment to her? This is indicative of a severe lack of religious commitment and intelligence. If we had been consulted about the matter before the marriage contract was done, we would have advised you not to marry him. But as the contract has been done, we say: If he is careless about prayer, then you should advise him time after time. If he does not improve, then separate from him, for there is nothing good for you in marriage to a man who is careless about prayer. Fourthly: If it becomes clear to you that he is messing about and is not serious about preparing a home etc, and that he may mistreat you and your family even if he does pray regularly then we advise you to leave him, even if you free yourself from the marriage by giving up some of your rights (i.e., khula).
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You say that your family and everyone around you thinks that he is not suitable for you. The familys opinion in such matters is usually closest to the truth, because they look at the matter with a measure of wisdom, far removed from emotion which may sometimes blind one to the truth. They also have knowledge and experience of such matters. Hence we think that you should discuss the matter with your family, and do what they advise you, as well as praying to Allaah for guidance (istikhaarah), for He does not betray the one who seeks guidance and the one who asks for advice will not regret it. We ask Allaah to make things easy for you and to take away your distress and to guide you to good things. And Allaah knows best.
Islam Q&A
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20 - Can the marriage contract of a zaaniyah be annulled?

If a married woman commits zina, is she still a wife, or is her marriage contract annulled and does she become divorced because of this action?. Praise be to Allaah. If a married woman commits zina, her marriage contract is not annulled and she does not become divorced because of her committing this sin, but if she does not repent and she persists in this evil action, her husband is enjoined to divorce her, so as to protect his honour and his children. Ibn Qudaamah (may Allaah have mercy on him) said: If a woman commits zina with a man, or her husband commits zina, the marriage contract is not annulled, whether that occurs before or after consummation, according to the majority of scholars. This was the view of Mujaahid, Ata, alNakhai, al-Thawri, al-Shaafai, Ishaaq and ashaab al-ray. But Ahmad regarded it as mustahabb for the man to leave his wife if she commits zina, and he said: I do not think that he should keep such a woman, because there is no guarantee that she will not be unfaithful to him and attribute to him a child who is not his. Ibn alMundhir said: Perhaps those who said that keeping this woman is makrooh did not mean that doing so is haraam, so it is similar to this view of Ahmads. Ahmad said: And he should not have intercourse with her until it has been established that she is not pregnant by waiting for three menstrual cycles. But it is more likely that this may be established by waiting for one menstrual cycle. End quote. Al-Mughni (9/565). It says in Kashshaaf al-Qinaa (5/2): If a woman commits zina before or after consummation, the marriage contract is not invalidated, or if a man commits zina before or after consummating the marriage with his wife, the marriage is not invalidated by zina, because it is a sin that does not put one beyond the pale of Islam, like stealing, but he should not have intercourse with her until she has observed an iddah, if she is the one who committed zina. End quote. Shaykh al-Shanqeeti (may Allaah have mercy on him) said:
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It should be noted that if a man marries a woman thinking that she is chaste, then she commits zina when she is married to him, the more correct of the two (scholarly) opinions is that the marriage is not annulled, and it is not haraam for him to continue with the marriage. This was the view of some of those who did not allow marriage to a zaaniyah, as they differentiated between continuing such a marriage and initiating it. Those who held this view quoted as evidence the hadeeth of Amr ibn al-Ahwas al-Jashami (may Allaah be pleased with him) who was present during the Farewell Pilgrimage with the Messenger of Allaah (peace and blessings of Allaah be upon him). He praised and glorified Allaah, and reminded and exhorted (the people), then he said: I enjoin good treatment of women, for they are prisoners with you, and you have no right to treat them otherwise, unless they commit blatant sin. If they do that, then forsake them in their beds and hit them, but without causing injury or leaving a mark. If they obey you, then do not seek means of annoyance against them. Al-Shawkaani said concerning this hadeeth of Amr ibn al-Ahwas: It was narrated by Ibn Majaah and al-Tirmidhi, who classed it as saheeh. Ibn Abd al-Barr said in al-Isteeaab in his biography of Amr ibn al-Ahwas: His hadeeth about the Farewell Sermon is saheeh. End quote. His hadeeth about the Farewell Sermon is this hadeeth, based on the words, He praised and glorified Allaah, and reminded and exhorted (the people). This reminding and exhortation refers to the sermon as is well known. Thus you may understand that the opinion of one who says that if a mans wife commits zina, the marriage is annulled and she becomes haraam for him, is contrary to the correct view, and Allaah knows best. End quote. Adwa al-Bayaan (6/82, 83) And Allaah knows best.
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21 - Is it makrooh to leave a long interval between the marriage contract and consummation of the marriage?
Is it makrooh to leave a long interval between the marriage contract and consummation of the marriage? Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-Uthaymeen, may :Allaah preserve him, who answered as follows It is not makrooh, because the Prophet (peace and blessings of Allaah be upon him) concluded the marriage contract with Aaishah when she was six years old, and consummated the marriage with her when she was nine. The prospective husband may do that sometimes because he is keen to get married and is afraid that the woman or her family may change their minds, so he hastens to conclude the marriage contract. There is nothing wrong with that from the point of view of shareeah, but I think that the marriage contract should be concluded at the same time as the marriage is to be consummated, or shortly before, because that helps to avoid problems that may arise, such as differences that lead to divorce, or death of one of the spouses, etc And Allaah is the source of strength.
Shaykh Muhammad ibn Saalih al-Uthaymeen
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22 - He did the marriage contract unofficially with his wife because of delays in government procedures
I have legally divorced my wife and she finished her iddah. I wanted to marry another woman but in the Moroccan law a man cannot marry until he gets a permission of divorce from the court, which can be delayed due to governmental procedures. It was too difficult for me to wait two more months while I divorced my wife four months ago. I found it really difficult to wait; I found myself between two options, whether to fall into zina (adultery) and this is case of most husbands, or to be patient while it is too difficult. You know how the Moroccan streets are now, full of nudity and immorality. My fiances wali (guardian) has given me permission to marry her. I gave the dowry and two witnesses attended while a just clerk wrote an informal contract to keep until I get the permission of divorce from the court. We had the contract concluded in such a way thinking that all the Islamic conditions of marriage contract are fulfilled. We cannot announce this marriage except after two months. But a brother told me recently that what we did is Islamically illegal. Please tell me your opinion may Allah reward you!. Praise be to Allaah. If the marriage contract to which you refer fulfilled all the necessary conditions and included the proposal and acceptance, in the presence of the womans wali (guardian) and two witnesses, with the womans consent, then it is a valid marriage with all that that entails, and the woman has become your wife thereby, even if it has not been announced and publicized and even if it has not been recorded officially, because the Prophet (peace and blessings of Allaah be upon him) said: There is no marriage except with a wali (guardian). Narrate by Abu Dawood (2085), al-Tirmidhi (1101) and Ibn Majaah (1881) from Abu Moosa alAshari; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi. And he (peace and blessings of Allaah be upon him) said: There is no marriage except with a guardian and two witnesses of good character. Narrated by alBayhaqi from Imraan and Aaishah; classed as saheeh by al-Albaani in Saheeh al-Jaami (7557). Having the marriage documented in the court and so on is not a condition of the marriage being valid, rather it is done to protect peoples rights, and hence it is essential. But it does not matter if that is delayed until you obtain the divorce documents.
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We ask Allaah to bless you and to bring you both together in goodness. We advise you to fear Allaah and treat your wife kindly, and to establish a righteous Muslim household. And Allaah knows best.
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23 - Should he still do the marriage contract when the girls father has died and her mother is still in mourning?
Is it permissible for me to do the marriage contract (without celebrations) with a girl when her family is still grieving the loss of the head of the family, i.e., her mothers mourning period has not yet ended (the date of the wedding will be only three months since the fathers death). The marriage was agreed upon and was planned before her father died. Should I delay it? Please note that I am away from my homeland and it is difficult for me to organize the wedding at a later date because of my work situation. Praise be to Allaah. It is permissible to do the marriage contract with this girl even if her mother is still in the iddah period following her husbands death, because there is no shari reason to prevent that, and it is not essential for the marriage contract to be done that there be a celebration or party. It is sufficient for the wali (guardian) and two witnesses to be present. But you must pay attention to the feelings of the girls and her family. If this will not upset them or it will detract from their joy, then praise be to Allaah. Otherwise, you should delay the marriage contract until their grief at what has befallen them has abated, and the mother is able to wear her adornment at her daughters wedding if she wants to do that. It is well known that during the iddah following her husbands death, a woman is not allowed to wear jewellery and adorn herself or wear perfume. Please see the answer to question no. 13966. To sum up: There is no impediment in terms of shari rulings to doing the marriage contract in such circumstances, if the girl and her family agree to that, and it will not cause them any harm or upset them. And Allaah knows best.
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24 - It was written in her marriage contract that she had received her mahr but she has not received it and she has started to resent her husband
I got married four years ago and it was written in the marriage contract that I had received the mahr. But in fact that is not true and I did not receive anything from him. Deep down in my heart I feel inferior because I have not got it and everyone around me has got their mahrs, and I have started to resent my husband. What is the ruling on this issue? What should I do to avoid haraam? Please note that my husbands financial situation is better than before. Praise be to Allaah. The mahr is the womans right in her marriage, because Allah, may He be exalted, says (interpretation of the meaning):
And give to the women (whom you marry) their Mahr (obligatory bridal money given by the husband to his wife at the time of marriage) with a good heart
[an-Nisa 4:4]
so with those of whom you have enjoyed sexual relations, give them their Mahr as prescribed
[an-Nisa 4:24]. Agreement should be made on the mahr and it should be mentioned in the marriage contract; if no agreement has been reached and it is not mentioned in the marriage contract, the marriage is still valid and the woman should have a mahr like that of her peers. You did not explain in your question whether agreement had been reached on a specific mahr or nor, or whether it was to be paid immediately or deferred. If there was agreement on something specific, it is obligatory to adhere to that and in that case what was written in the contract about you having received the mahr does not count for anything. The wife has the right to demand her immediate mahr and to refuse to let her husband be intimate with her until he has given her her mahr. As for the deferred portion, she should not demand it unless the time for it comes.
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Ibn Qudaamah (may Allah have mercy on him) said: If she refuses to let her husband be intimate with her until she has received her mahr, and it is due to be paid immediately, she has the right to do that. Ibn al-Mundhir said: All of the scholars from whom we acquired knowledge are agreed that the woman has the right to refuse to let the husband consummate the marriage with her until he gives her her mahr. if some of it is to be paid immediately and some is deferred, then she has the right to refuse to let him be intimate with her before receiving the immediate portion, but not the deferred portion. End quote from al-Mughni, 7/200 See also the answer to question no. 127325 What you have to do is fear Allah, may He be exalted, concerning yourself and your husband, and to pay attention to his rights, and not let what you have mentioned make you hate him. You should deal with this problem by finding out about the reasons for it; your guardian may have received the mahr or he may have agreed with your husband that the mahr is to be deferred, or some other arrangement. Deal with the matter calmly and with deliberation, protect yourself and your husband, try to be gentle and loving at all times, and seek your shari rights without impinging on your husbands rights. And Allah knows best.
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25 - What should a person do who was adopted by someone and named after his adoptive father; is a marriage contract done with that name valid?
One of my female friends wants to marry a young man whose parents died last year. This young man was their adopted son and his adoptive father gave him his name. He tried to find his real parents but with no success, because now he is thirtyone years old. My question is: if his name or family name is that of his adoptive father, will the marriage contract in that name be valid?. Praise be to Allaah. Firstly: It is proven that adoption is haraam according to the Quraan, Sunnah and scholarly consensus. So it is not permissible for anyone to attribute himself to anyone other than his father, and it is not permissible for the one who sponsors an orphan for example to attribute him to himself and his tribe. Rather he should be attributed to his father. If his father is not known, then he should attribute him to himself as a brother or wala, and this is the wala of alliance not the wala of manumission. This is something that is not part of the work of government departments (i.e., they not record and document wala). Nowadays the individual needs to have identity papers to make life easy, in order to study and work and get married. In the case of an adopted person whose father is not known and so he cannot be named after him, the state has to give him a made-up name and not name him after any particular individual or tribe. The adopted person should try hard to look for his parents because of the shari rulings that are connected to that and the psychological impact it has. For more information on the above, with evidence and comments of the scholars, please see the answers to questions no. 126003, 5201 and 10010 Secondly: There is no connection between the soundness of the marriage of one who was adopted and his name being correct, because the conditions of marriage on which its validity depends are specifying the partners, the proposal from the guardian of
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the wife and acceptance from the husband, along with the consent of the wife and the presence of witnesses or announcing the marriage, and there being no impediments. The fact that the person who wants to get married has been named after the man who adopted him is not contrary to any of the conditions of marriage. What is required is to specify in the marriage contract that he is this particular person, regardless of his fathers name or the name of his family; even if he changes his name after marriage, the marriage is not affected by that because what matters with regard to the marriage contract is the person in question and not the format of his name. Please see the answer to question no. 104588 for a discussion on the condition of specifying the two partners, where it explains that a false name does not have any impact on the validity of the marriage. But here we should point out that the one who attributed someone to himself whether by mistake or deliberately or out of ignorance in official papers should set the matter straight with the state and change the adoptive name, because of the consequences of not doing that which may affect rulings having to do with inheritance, establishing who is a mahram, and so on. If that is not possible then the adoptive son should set the matter straight by going to the shareeah court to obtain documents with a first and second name in such a way that he is not attributed to anyone in particular. The first name should be any permissible name he likes and the second name and others should be a name that is indicative of being a slave of Allah such as Abd-Allah or Abd al-Kareem. Shaykh Abd al-Azeez ibn Baaz (may Allah have mercy on him) said: He should be called by a name that is permissible in Islam such as Abd-Allah ibn Abd-Allah, or Abd-Allah ibn Abd al-Lateef, or Abd-Allah ibn Abd al-Kareem, because all people are slaves of Allah. This is so that he would not have any problem in school and so that that will not affect his confidence or cause him harm. What is meant is that he should be given a name that is indicative of being a slave of Allah such as Abd-Allah ibn Abd al-Kareem, or Abd-Allah ibn Abd alLateef, or Abd-Allah ibn Abd al-Malik, and so on. This is better, in sha Allah. Or he may be called by a name that is used for both men and women, and this could be safer too, because he is named after his mother. So they could call him by a name that is used for both men and women such as, Abd-Allah ibn Atiyyah, or ibn Atiyyat-Allah, or Abd-Allah ibn Hibbat-Allah, because Hibat-Allah and AtiyyatAllah are names that used for both women and men. End quote from Fataawa Noor ala al-Darb, tape no. 83.
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If he not able to do that in the official papers, then the least that he should do is apply that in his daily life, by telling his relatives and the people around him about the reality of his lineage so that his lineage will not become mixed with the lineage of someone else, and so that the rulings of mahrams, inheritance and other rulings will not become confused for him and the people around him, lest he or his children mix with people for whom it is not permissible for them to mix, on the basis on being incorrectly attributed to his adoptive father, or lest he inherit from the one who adopted him, or his adoptive relatives inherit from him, and other rulings that are connected to this matter. And Allah knows best.
Islam Q&A
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Islamic Marriage Contract QACompilation Part 01

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Muharram, 1434 A.H./December, 2012 C.E.

1 - Is it permissible for a woman to write marriage contracts?

And Allaah knows best.

8 - Is it correct for the husbands father to be a witness to his marriage contract?

12 - Doing the marriage contract on Friday

And Allaah knows best.

Fataawa Noor ala al-Darb

15 - Types of conditions in the marriage contract

O you who believe! Fulfil (your) obligations

O you who believe! Fulfil (your) obligations

17 - Delaying consummation of the marriage after doing the marriage contract

20 - Can the marriage contract of a zaaniyah be annulled?

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