Family in Islam

The Family In Islam

Prepared By: Muna Abdulla

Student ID: 7539

Prepared For: Dr. Ossama

Islamic Culture

Marriage and Divorce

Marriage, as a social institution, is essentially a civil contract. And as a civil contract it rests on the same footing as other contracts. Its validity depends on the capacity of the contracting parties, which according to Islamic law, consists in having majority (bulugh) and discretion. Mutual consent and public declaration of the marriage contract are its essentials. The law does not insist on any particular form in which this contract is entered into or on any specific religious ceremony, although there are different traditional forms prevalent amongst the Muslims in different parts of the world and it is regarded advisable to conform to them. As far as the Shariah is concerned, the validity of the marriage depends on proposition on one side (ijab) and acceptance (QubuI) on the other. This offer and the acceptance can take place directly between the parties, or through an agent (Wakil). In a traditional Muslim marriage the bride's consent is procured through her representative. Normally there are at least two witnesses to this matrimonial contract, entered into at a family ceremony. There is also a dower (mahr) which husband pays to the wife and which is for her sole and exclusive use and benefit. This last (i.e. dower) is an important part of the scheme, but it is not essential for the legality of the marriage that its amount must be pre-fixed. As such its absence would not render the marriage invalid, although husband is expected to pay it according to custom.

Being a civil contract, the parties retain their personal rights as against each other as well as against others. The power to dissolve the marriage-tie rests with both parties and specified forms have been laid down for that.

Marriage in Islam is not a temporary union and is meant for the entire span of life. Dissolution of marriage is, however, permitted if it...