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Muslim Marriage
Contract
A Muslim marriage is considered a contract and not a
sacrament. While it is held that it constitutes the sole
religiously authorized means for individuals to enter into a
lawful sexual relationship and to produce offspring, marriage
is in fact a social arrangement that two individuals or people
acting as their representatives, enter into. Since it forms a
contract (‘aqd), undoubtedly it confers legal rights and
responsibilities on each spouse.
The issue addressed here is what an Islamic marriage should
rightly be as stated by the Qur’an.
Now Islamic jurisprudence deems the chief objective of a
marriage contract is to render intercourse legally permissible
(halal) between the husband and the wife as well as to
legitimize any ensuing progeny. Besides, the marriage contract
fixes additional rights and responsibilities for each spouse.
Apart from the fundamental prerequisite of “mutual good
conduct,” that is not officially described, these rights and
responsibilities are distinguished by gender. Moreover, they
are mutually dependent: failure on the part of one spouse to
discharge a particular responsibility may put at risk his or
her entitlement to a specific right.
When it comes to selecting a partner, a person with an
abundance of "taqwa" (piety) is usually chosen. The prophet
advises the suitors to see each other prior to the marriage.
It is unfair for two strangers, who meet for the first time,
to be required to get personal with each other when they have
absolutely no knowledge of each other. Further, the couple is
allowed to observe each other in an analytical way but not in
an immoral manner. This edict does not disagree with the ayah,
which states that women and men should not look directly at
each other.
Moreover, the couple is not allowed be by themselves in a
private room or to go out unaccompanied. In Islam, there is no
perception of romance as is observed in the west. The practice
of dating or living together prior to marriage does not exist.
No sort of physical relationship is allowed before marriage.
A Muslim virgin girl’s selection of a partner is conditional
on her father or guardian’s consent so as to look after her
interests and well being. The prophet stated that a widow and
a divorcee should not commit to marriage until she has given
her consent and a virgin shall not commit to marriage until
her approval is gained. However, the prophet did invalidate a
girl’s marriage, when it came to his notice that her father
forcibly got her married off.
The husband is accountable for the wife’s well being, whether
she happens to be a Muslim, a non-Muslim, affluent,
underprivileged, healthy or ill. A part of his responsibility
as the head is to take on the family’s financial
responsibility in a benevolent manner in order that his wife
is guaranteed security. This takes care of her right to food,
clothing, accommodation, and general care such as medicines,
health care bills and so on.
The wife should be loyal, upright and sincere. She must not
cheat her husband by intentionally not using contraception.
She should not let any other individual to have what is wholly
considered her husbands right (that is, sexual relationship).
She should not welcome nor have visitors at home without
letting him know or taking his permission. She should not
entertain unfamiliar males. She should not receive presents
from other males without his consent. This is intended to
prevent resentment, distrust and scandal. The husband’s
properties are her trust.
Amongst the chief responsibilities of a wife is to add to the
pleasure of marriage and work in making it successful. She
should be devoted to the welfare and happiness of her husband.
The wife should appear sexually alluring to her spouse and be
receptive to his moves. The wife should not reject her husband
sexually since this can cause marital troubles and perhaps
entice the man to commit adultery. The husband certainly
should allow for the wife’s physical condition and an overall
concern should be presented.
Source:
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