Conditions for the Validity of Marriage
Four conditions for the validity of marriage in Islam are these:
1. Mutual consent of the couple :(proposal and acceptance ijaab and Qubul in Arabic terms) , Any of the two can propose.The formulae is “I marry you” and “I accept”. It is not to be expressed in the futuristic sense of willingness‘The Qur’an 4:3 states ‘many women of your choice…
2. Waliyy(Marriage Guardianship) :Approval by the parent or guardian of the bride: The Qur’an 4:25 states ‘Marry them with the permission of their people’ A close male member of the bride’s family should be designated as the marriage guardian (Waliyy).
3. Mandatory Gift from the groom to the bride: It has no limit. It is mutually agreed between the couple. It is called ‘Sadaqah, dowry or ‘Mahr’. Witness/Publicity Witnesses to the marriage contrac: Marriage must not be conducted in secret. There must be at least two adult witnesses. Lessons from the Conditions for the Validity of Marriage
- A person must make a good choice of a spouse.
- A girl’s parents’ consent must be obtained before marriage.
- A bride gift is mandatory.
- Witnesses are necessary.
- Moderation should be applied to the amount of Mahr to be paid.
Qur’anic Injunctions on Validity of Marriage There are many Qur’anic injunction on conditions governing validity of marriage.
Translation: ‘And give the women (in marriage) their dower as an obligation; but if they, of their own good pleasure, remit any part of it to you, take it and enjoy it with right good cheer’ Q4:4
Translation: And how could you take it when you have gone in unto each other, and they have taken from you a solemn covenant? Q4:21
Translation: ‘Prohibited to you (for marriage) are; Your mothers, daughters, sisters, father’s sisters, mother’s sisters, brother’s daughters, sister’s daughters; foster-mothers (who gave you suck), foster-sisters, your fives’ mothers; your step-daughters under your guardianship, born of your wives to whom you have gone in, no prohibition if you have not gone in (those who have been) wives of your sons proceeding from your loins and two sisters in wedlock at one and the same time, except for What is past; for Allah is oft-forgiving, Most Merciful. ’Also (prohibited are) women already married except those whom your right hand possess- Thus has Allah ordained (prohibitions) against you: except for these, all others are lawful, provided you seek (them in marriage) with gifts from your property, desiring chastity, not fornication. Give them their dower for the enjoyment you have of them as a duty; but if, after a dower is prescribed, you agree mutually (to vary it), there is no blame on you, and Allah is All-knowing, All wise.’ If any of you have not the means wherewith to wed free, believing women, they may wed believing girls from among those whom your right hands possess…’ Q4-23-25.