Ad-Durur Al-Bahiyah fi Masaa’il Al-Fiqhiyyah – The Book of Marriage (Part 1)

The Book of Marriage

Marriage is legitimate and advisable for one who is able to marry.[1]

It is obligatory upon one fears committing a sin.[2]

Tabatual (celibacy) (i.e. to abstain from marriage so as to devote oneself to worship) is not permissible[3] unless one is not able to shoulder the obligations of marriage.[4]

The preferable woman is child bearing, loving[5] and virgin[6]. She is to be also ne pf beauty, of good ancestry and strong faith.[7]

A grown up female is to be betrothed via her consent (i.e. she has the absolute choice to accept or refuse).[8] The woman’s satisfaction[9] with a well-qualified man (in terms of morals and faith) is what should be taken into account[10].  The young girl (one who has not reached puberty) is to be betrothed via her guardian.[11] The consent of the virgin is her silence.[12] It is forbidden to betroth a woman in her Iddah (i.e. period of waiting due to revocable divorce or death of husband).[13]

As for the woman in a period of irrevocable divorce, or a period of mourning the death of her husband, implicit betrothal only is allowed, e.g. saying: I want to marry or Allah will bring goodness to you. Yet the contract of marriage is not permitted (until the period is over) Surah Baqarah: 235.

References: 

[1] Sahih: From Ibn Masood, who said: We were with the Prophet (ﷺ), young men who had nothing of wealth. The Messenger of Allah (ﷺ) said to us: “O young men, whoever among you can afford it, let him get married, for it is more effective in lowering the gaze and guarding one’s chastity. And whoever cannot afford it should fast, for it will be a shield for him.” Recorded by Bukhari and Muslim

[2] Imam Ibn Qudaamah (may Allaah have mercy on him) said: “Our colleagues differed as to whether marriage is obligatory. The best-known opinion in our madhab is that it is not obligatory, except when a person is afraid of committing a forbidden deed if he does not marry. In that case he should make himself chaste (i.e. get married). This is the opinion of the majority of fuqahaa’.” al-Mughni

[3] Sahih: Sa’d ibn Abi Waqqas (may Allaah be pleased with him) said: The Messenger of Allaah (ﷺ) forbade ‘Uthmaan ibn Maz’oon to be celibate. If he had given him permission, we would have gotten ourselves castrated. Recorded by Bukhari and Muslim

[4] Like the Majboob (one whose penis is cut off) or Ineen (one who is impotent) therefore does not look for women. These individuals are to permit to marry since Islamic law allows so, but with the women’s consent and knowledge of their condition.

[5] Sahih: Anas narrated the Prophet (ﷺ) said: “Marry the child-bearing, loving woman for I shall outnumber the peoples by you on the Day of Resurrection.” recorded by ibn Hibban, Ahmad, al-Tabarani and others. Without the words, “the Day of Resurrection,” it is also narrated by Abu Dawud and al-Nasal. Graded authentic by sheikh al-albani due to its supporting chains. Irwa al Ghaleel fi Takhreej Ahadeeth Manaar al-Sabeel, vol. 6, p. 195.

[6] Sahih: Jabir b. ‘Abdullah (Allah be pleased with them) reported: I married a woman during the lifetime of Allah’s Messenger (ﷺ). I met the Messenger of Allah (ﷺ), whereupon he said: Jabir, have you married? I said: Yes. He said: A virgin or one previously married? I said: With due previously married, whereupon he said: Why did you not marry a virgin with whom you could sport (play with)? I said: Allah’s Messenger, I have sisters; I was afraid that she might intervene between me and them, whereupon he said: Well and good, if it is so. A woman is married for four reasons, for her religion, her property, her status, her beauty, so you should choose one with religion. May your hands cleave to dust. Recorded by Muslim

[7]  Sahih: Abu Hurairah (Allah be pleased with him) reported Allah’s Messenger (ﷺ) as saying: A woman may be married for four reasons: for her property, her status. Her beauty and her religion, so try to get one who is religious, may your hand be besmeared with dust.

[8] Sahih: Ibn Abbas (Allah be pleased with them) reported Allah’s Messenger (ﷺ) as saying: A woman who has been previously married has more right to her person than her guardian. And a virgin should also be consulted, and her silence implies her consent. Recorded by Muslim

[9] Sahih: Narrated Khansa bint Khidam Al-Ansariya: that her father gave her in marriage when she was a matron and she disliked that marriage. So she went to Allah’s Messenger (ﷺ) and he declared that marriage invalid. Recorded by Bukhari

[10] Sahih: The quality which is most important for marriage is faith for the Prophet (ﷺ), “Once one whom you are satisfied with his morals and faith approach you for betrothal, then let him marry; otherwise “Fitnah” (great corruption) would happen on the earth.” Recorded by Tirmidhi. Graded Sahih by sheikh albani in Sahih al-Jami’ no. 270

[11] Sahih: A female who has not reached puberty is not to be consulted, for the Prophet (ﷺ) betrothed Aisha the age of six and married with her when she became a full-grown up female. Recorded by Bukhari and Muslim

[12] Hasan Sahih: Abu Hurairah narrated that: The Prophet (ﷺ) said: “A matron should not be given in marriage until she is consulted, and a virgin should not be given in marriage until her permission is sought, and her silence is her permission.” Recorded by Tirmidhi who graded it Hasan Sahih

[13] As for the woman who is in a period of revocable divorce, she may not be betrothed explicitly nor implicitly, because she is still a wife, and her husband may take her back as long as she does not finish from her last period.

Ad-Durur Al-Bahiyah fi Masaa’il Al-Fiqhiyyah (The Crystalline Gems Of Islamic Jurisprudence) By Imam Muhammed bin Ali Ash-Shawkani 

Referenced and Checked by Research Center For Hadith

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