The Qur'aan gives the order of marriage in the following verse:

"And marry those among you who are single and those who are fit among your male slaves and your female slaves. If they are needy, Allah will save them from want out of His Grace. And Allah is Ample-giving, Kind. And tell those who do not find match to keep chaste until Allah makes them free from want out of His Grace." (Al-Qur'aan 24:30)

It appears from the above that marriage is a natural law. It may be delayed for two reasons - not finding a suitable match; and for finding no means wherewith to maintain her. If the conditions are removed with the finding of a match and also the means of maintenance, Allah's direction is then to contract a marriage.

A woman has absolute right in her acquired properties before and after her marriage. In addition, she has a distinct right upon her husband's property for her ante-nuptial settlement.

Eligibility

The foremost qualification of a bride is as the Qur'aan says:

"Marry such women as seem good to you." (Al-Qur'aan 4:3)

It appears therefore that the bridegroom and the bride's mutual choice has the greatest consideration.

If this is lacking, though there are other qualifications, marriage should not be contracted as after all, is the union of two souls. Unless they are pleased with each other, the very purpose of marriage is frustrated.

In Hadeeth, we find that the following qualifications of a bride should be sought. The bride should be:

1. A Muslim
2. Chaste
3. A virgin
4. Beautiful
5. Accomplished
6. Have a sweet tongue
7. Good manners
8. Possess property
9. Have child-bearing capacity
10. Affectionate nature and
11. Equal respectability.

Ineligibility

The female prohibited for marriage are the following according to the Qur'aan:

1. your mothers
2. daughters
3. sisters
4. paternal aunts
5. maternal aunts
6. brother's daughters
7. sister's daughters
8. mothers that have suckled you
9. foster sisters
10. mothers of your wives
11. step-daughters who are in your guardianship
12. wives of your sons
13. that you should have two sisters together and all married women

There is another prohibition. A Muslim cannot marry an idolatress. The Qur'aan says:

"And do not marry the idolatress until they believe, and certainly a believing slave girl is better than an idolatress even though she would please you, and do not give (believing women) in marriage to an idolater until they believe, and certainly a believing slave is better than an idolatress, even through he should please you." (Al-Qur'aan 2:221)

It appears however, form another verse that a woman of the People of the Book can lawfully be taken in marriage, but no Muslim woman can be given in marriage to a man from the People of the Book. So a Muslim can marry a Christian or Jewish girl, while a Muslim woman cannot marry a Jew or a Christian. However certain conditions must be fulfilled. For example, the children must remain Muslims.

Courtship

Islam allows a man or a girl to select his or her own mate after sights and glances, but not beyond that. From traditions it is quite clear that the parties are completely free to have a glance at each other. Guardians should arrange for a sight ceremony so that the bridal parties may not afterwards repent. The Holy Qur'aan also supports this be the verse:

"Marry such women as seem good to you." (Al-Qur'aan 4:3)

Marriage is a contract and consequently it follows that the two parties must discus the content of the contract. Going out together and spending time alone is wrong and sinful and must be avoided. Courtship as practised today is totally unIslamic and a major sin.

Minors

Because marriage is a contract, it can only be performed by those who are capable of entering into contracts - in other words, adults in the presence of witnesses. With regard to the minors, however, marriage can be solemnised by guardians on the behalf of the minors.

A minor when given in marriage, has the option of renouncing the marriage when she attains puberty. The Holy Prophet r in view of what is narrated in traditions, recommended that the girl's wish be given precedence, as there cannot be forced love. However, where the father or grandfather carelessly or wickedly contracts a minor in marriage, the contract can be set aside by the minor.

Guardianship

According to Imam Abu Hanifa, no guardian for an adult girl (virgin or previously married) is necessary, but in case of a minor, it is necessary. Imam Shafi holds that a guardian for marriage is essential in the case of both grown-up girls and minors, in the sense of an agent for setting terms between the bride and groom.

The Qur'aan says in this connection:
"And when you divorce women, and they end their term of waiting, do not prevent them from marrying their husbands when they agree among themselves in a lawful manner." (Al-Qur'aan 2:232)

This verse indicates that in spite of a guardian's consent, marriage of an adult girl only take place with her consent and thus, she cannot be forced into marriage. Guardianship belongs successively to the:

1. father
2. paternal grandfather
3. brother
4. and other paternal male relatives.

In default of paternal relations within the prohibited degrees, the right devolves upon the mother and other maternal relations with the prohibited degrees.

Marriage Ceremony

A Muslim marriage is a civil contract based on mutual consent of the bride and groom. At best, the registration of mutual consent may be done.

The Qur'aan says:
"And call in two witnesses from among your men, but if there are not two men, then on man and two women." (Al-Qur'aan 2:282)

Thus, in a contract of marriage, two witnesses at least are essential. It is however better to have the marriage registered to furnish the best testimony and to remove all doubts.

A marriage contracted without witnesses is invalid. The witnesses must be present when the proposal and acceptance are made and consent is given. Witnesses must be free, sane, adult and Muslims.

Marriage by itself is a proclamation among the public to the effect that two souls have come together for procreating and legalising of children. It also says that others have no right to interfere in the conjugal relations of the married couple.

If, however, there are no witnesses and no proclamation it is nothing but sexual relations amounting to fornication, even though there is mutual consent.

For this reason, the proclamation of marriage by beating of drums and other lawful plays and songs (within moderate limit), and holding marriage feasts, have been encouraged by the Prophet r. Of course the kind of extravagance prevalent in most weddings is totally forbidden and punishable.

A Khutbah (sermon) is delivered as part of the proclamation of the marriage. Is also contributes towards the invocation of blessing on he newly wed couple. The sermon consists of Tashahhud and three verses of the Holy Qur'aan as set forth in Ahadeeth.

This is a sermon aimed specifically at the couple, telling them how they should behave in a married state and what their rights and obligations are towards each other. It also makes them understand that marriage saves them from many evils of the devil and brings them closer to Allah.

Dowry (Mahr)

The Qur'aan says:

"O Prophet! Surely We have made lawful to you your wives whom you have given their dowries." (Al-Qur'aan 33:50)

Dowry (Mahr) is therefore compulsory in a marriage. Dower is an essential part of marriage, but the marriage is not invalid if it is not paid or contracted before hand.

The Qur'aan also says:

"And your women - give their dowries as a free gift, but if they, themselves, be pleased to give up to you a portion of it, then eat it with enjoyment and pleasure." (Al-Qur'aan 4:4)

No hard and fast rules have been laid down by the Holy Qur'aan about the amount of a dower. It is to be judged according to the social position of the parties, their wealth, their personal qualification, and conditions of the human society. Dowry may be increased or decreased after marriage by mutual agreement. What should be kept in mind is that the dowry should in spirit be sufficient to provide a kind of financial security.

Reception

The Walimah is a feast arranged on the occasion of marriage. It comes from the root meaning to join together. This is so called as it is held on the occasion of joining the wife and husband together.

This feast should invariably be given by the husband as indicated in the traditions. Majority of the jurists hold that it is Sunnah, while a few hold it is Mustahab (commendable) and a few say it is Wajib (compulsory). The reception immediately after the nikaah does not fulfil the requirements of Walimah.
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