ISLAMIC JURISPRUDENCE (ISLAMIC FIQH - PART 2) Translated by Mohammed Ali Hyder Masood MARRIAGE (NIKAH) ITS ISLAMIC PERSPECTIVE

: The Islamic Scholars of Jurisprudence have placed the act of marriage under all the five heads, viz. (1) Essential (Wajib), (2) Traditional Injunction of the Prophet Mohammed SAWS, (Sunnath Maokkada), (3) Permissable or Desirable (Musthahab or Mubah), (4) Undesirable/Dirty/Obcene (Makrooh) and (5) Prohibited (Haraam). The conditions applied under Essentiality of Nikah (Wajib), as mentioned by the scholars, is that when a person intends to marry and if he does not marry there is every possibility of committing sin provided he has the capacity to pay Dower (Maher), and earns his livelihood lawfully under Islamic norms (Halaal). If the person cannot earn lawful livelihood (Halaal) and in order to abstain from sin wants to commit the sin of earning Haraam livelihood then in such circumstances the marriage is not essential. This does not mean that if a person cannot earn his lawful livelihood he should not marry at all but it means that in such circumstances his duty is to control and fight against his passions and act as per the instructions of Allah so that he abstains from such marriage which makes tyranny on others and Surah Noor - Ayah 33
(Those who could not marry their duty is to abstain from sins and wait for Mercy of Allah to befall and make them rich.)

If it is possible for a person to take loan for the payment of Dower and earn lawful livelihood and fears that without doing marriage he may commit sin then under such circumstances the marriage comes under Essentiality ( Wajib). Marriage becomes Traditional Injunction when a person has intention to marry but this intention is normal and not extreme and there is no fear of committing any sin. Under such circumstances he will be considered as sinner but the cadre of sin will be less than the sin under Essential cadre. Under any circumstances the person must and should be earning lawful livelihood, he should be in a position to pay the Dower and should be able to perform all the process the marriage demands. If an individual is unable to fulfill any of the conditions then marriage is neither Essential nor a Traditional Injunction for him. If a persons intention of marriage is to safeguard his own and his wife's passions from committing sin then this is considered as an action that bears recompense or rewards which is purely dependent on the intention. For a person who has the capacity to fulfill all conditions marriage is more than all permissible prayers (nawafil salah) since this is aimed at safeguarding one's own and his wife's passions from committing sin and produce children that increases the number of Muslim Community. Hence such a marriage leads to the construction of a healthy society. Marriage is just permissible lawfully for such a person who is old aged and or sexually weak subject to the condition that such a marriage does not affect the moral character of his wife but safeguards her respect and purity. But when there is possibility such a marriage creating problems then such a marriage is strictly prohibited (Haraam). For a woman it is strictly prohibited to marry a person whose livelihood is not lawful. In case of a woman who fears of her chastity due to acquaintance of a loosecharactered person and without marriage she may not be able to restrain herself from that person then it becomes essential for her to marry any person to safeguard herself.

-2Marriage for such a person who has no inclination towards marriage and fears that he may not be able to fulfill the conditions of marital life, and marriage for him shall become an hindrance for doing good deeds, then in such circumstances marriage for either man or woman will be obscene, in spite that they may have or do not have desire for children. The essentials of marriage are based on abstinence and piety. The nuptial knot means to entice oneself within the limits of marital norms and any deviation from the said limits shall affect its sanctity. When there exist such deviation and the required norms cannot be followed then its better to terminate such a relation. 1. SAFEGUARDING CHASTITY AND MODESTY: The purpose of marriage in Islam is to safeguard the chastity and modesty which is embedded in the nature of humanity. In order to ease this safety, Islam has strictly prohibited both men and women to abstain from all possible situations that lead to all types of illegal intercourses and intermingling of man and woman viz. movement of women without covering their bodies, going out without veil (Hijab), evil-eyeing opposite sex, freely mingling of either sex, discoursing of either sex crossing all limits, and all such situations. Islam enshrines upon men and women to establish such norms that ensures natural entity which safeguards Modesty and Chastity instead of destroying them. The same orders are mentioned in Sura Nisa: "Ahilla lakumma wara'aa zalikum un thabthaghu biamwalikum mohsineena ghaira musafiheen"(Nisa 25) "Fankihoohunna bi izni ahlihinnawa aathununna wojoorahunna bilmaaroofi mohsanaathin ghairamusafihaathi wwala muththaquzanthi aqdaanin"(Nisa 25)
(Apart from those women with whom marriage is forbidden the rest are permissable for you so pay the dower and briing them under nuptial knot, if they are not immodest) (With the permission of their guardians marry them and pay the dower as per norms so that they remain in nuptial bond and they may not betray youand proceed un unlawful connections with others)

Prophet Hazrath Mohammed SAWS addressing a group of youths said: "Ya ma'asherashshabab manisthatha'aminkumulbaa'atha falyathazawwaj fainnahu aghazzu lilbasari wa ahsanu lilfuruji wo man lam yastha thi fa alihi bissaumi fa innahu lahu wijaa'un"
O' youths! those from among you havethe capacity to marry then marry for marriage keeps your eyes lowered and safeguards your organs of shame and those who do not have capacity they should keep fast this diminishes your passions.

This is sufficient to explain that the purpose of marriage is to safeguard the chastity and modesty, evil-eyeing and illegal sexual involvements and to develop abstinence and piety. 2. LOVE AND AFFECTION: The second purpose of marriage is to develop love and affection between couple apart for the fulfillment of passions from each other. It is also to develop benevolence and consol so that they may live their life in tranquility. Marriage has deep connection with love that ensures peace and tranquility among both and both of them step ahead readily to fulfill the right to love each other. Almighty Allah mentions this as one of His signs for those who believe.

-3"Wo man aayathihi an khalaqalakum anfusikum qazwajallithaskunoo ilaiha wa ja'ala bainakum muwaddatha'n wa rahma". Roum -21 ( From among His signs is this that He has created from amongst you your pair so that you may gain peace and
tranquility from each other and He has developed friendship/intimacy in both of you.)

"Hu wallazi khalaqakum min nafsi'nwahidaw waja'ala minha zaujaha li yaskun ilaiha."
(He is one who has created you from one human being and from his gene created pair so that he may acquire peace and tranquility from her.)

Friendship/intimacy here covers all types of love and affection inclusive of kindness, mercy, benevolence, consolance, favor, etc., etc. The word peace and tranquility means acquiring all types of peace of mind and heart and of both mental and sexual passions. Now peruse what the Holy Qura'an has placed the real picture of the meaning of spouse in three words. In another place the Qura'an symbolizes to the word dress and expresses as: "Hunna libasullakum wa anthum libasullahunna" (Sura Bakhara 187)
(They are dress for you and you are their dress)

Taking the word dress into consideration, dress is meant to cover the body, to adore the body and increase its dignity and beauty. It also provides safety from ill effects of season etc. If the relation between the spouses is considered as body and dress then this relationship demands that the husband and wife hide each other and should beautify and adore each other. They must have such a union that is similar to the union of dress and body and where there is no third thing in between. Each one must have sense of providing comfort to one another in situations of trouble and ill effects of bad circumstances.

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