Essentials for marriage
There are essentials for marriage to take place in Islam such as having two spouses, commitment and acceptance, and of course, the commitment must precede the acceptance.
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The dowry
Dowry is an amount of money that the groom should pay to his to be wife at the time of marriage contract. It is mandatory by Quran and Sunnah and it becomes wife’s property. It is enjoined by God to honor brides.
Marital rights
In Islam a marital contract creates a set of duties and rights for both husband and wife in order to guarantee marriage stability and amicable life. This set includes; financial, sexual and companionship rights.
Dissolution of the marriage at the wife’s request
Khul is the dissolution of marriage upon wife’s request. It is a kind of final divorce, but in this case she has to pay back her dowry and all what her husband has given to her in order to get her freedom back.
Divorce
God has put rules and regulations for marriage dissolution (talaq) to safeguard wives and husbands rights when the relationship between them becomes very restrained and there is no way to save their marriage.
Formulae for divorce
Divorce formulae must be clear and with direct words. In case the husband uses ambiguous phrases; divorce will be subjected to his intentions. This article clarifies the reason behind this rule.
Types of divorce
There are two types of divorce; Sunnah divorce and Bid’ ah divorce which differ in the number and the time of divorce. This article shows the difference between them and which one God has made lawful in His book.
Suspension of marriage
When a husband swears not to have sexual intercourse with his wife forever or for more than four months this is Ila’ and it is forbidden. If he doesn’t atone for his oath within this period the case must be put to a judge.
Making one’s wife forbidden for one
Zihar means a man tells his wife that she is to him like a relative of his whom he cannot marry, it is forbidden in Islam. It requires atonement to be able to resume intimate marital relationships.
Atonement for Zihar
The atonement for Zihar takes different forms: freeing a male or female slave, fasting two consecutive months, or feeding 60 needy people, atonement is obligatory to resume marriage.
The waiting period and its purpose
A waiting period is the time a woman waits after her husband's death to remarry. If she is not pregnant her waiting period is 4 months and 10 days, if she is pregnant her waiting period lasts until she gives birth.
Breastfeeding
Breastfeeding forbids marriages like the blood relationship, with conditions. The relationship that created by breastfeeding entails two rulings, one causing prohibitions and another causing permissibility.
Confirmation of breastfeeding
The testimony of 1 woman known to have integrity is sufficient to prove breastfeeding, because it is done in private. Such testimony is important because Islam prohibits marriage between milk brothers and sisters.
Child custody
Islamic law puts certain rulings of custody. A child is in the custody of parents, providing their marriage remains in force. If they are divorced, custody is given to either of them, who quality, but women are given priority.
Conditions applicable to the custodian
Islam puts certain conditions for a person to be a child custodian some of them are: Being a Muslim, sanity, integrity, physical and financial ability and common sense. This applies to both men and women.
Rulings applicable to custody
Islam has rulings fur custody, in the first place, the child’s mother takes custody, if not, then there is an order for those entitled to it. The child’s father is responsible for payment for the child’s custody.
When custody is over
This article focuses on the decision to be taken when the term of custody of a child is over. An agreement should be reached with the approval of the child’s father or custodian, if not then the child is given the choice of either parent.
Maintenance
Nafaqah is to provide for whomever one supports, Islam states that a wife is entitled to full nafaqah by her husband but with certain conditions such as validity of marriage and fulfilling marital deities by the wife.
Judging Disputes and Testimonies
The basis of the justice system is the Qura'n, Sunnah and unanimity of scholars. It is important to appoint judges to settle disputes which earn great reward from God because it supports rights and combats corruption.
Conditions applicable to judges
Islam stipulates certain conditions in judges to assume their positions such as: Islam, sanity and adulthood, probity, sound constitution, Knowledge of the Quran and Sunnah, and a degree of scholarship to exercise Ijtihad.