1.

0 Introduction

Islam is a strong advocate of marriage as what reflected by the Prophet

Muhammad S.A.W saying "there is no celibacy in Islam”. Marriage is a religious duty

and is consequently a moral safeguard as well as a social necessity. Islam does not equal

celibacy with high "taqwa" or "Iman".1 The Prophet has also said, "Marriage is my

tradition who so ever keeps away there from is not from amongst me".

Marriage acts as an outlet for sexual needs and regulates it so one does not

become a slave to his/ her desires. It is a social necessity because through marriage,

families are established and the family is the fundamental unit in our society.

Furthermore, marriage is the only legitimate or halal way to indulge in intimacy between

a man and a woman.

Islam takes a middle of the road position to sexual relations, it neither condemns

it like certain religions, nor does it allow it freely. Islam urges us to control and regulate

our desires, whatever they may be so that we remain dignified and not become like

animals. Marriage is supposed to tie a man and a woman together and strengthen their

relationship. Today the world is seeing a new era where marriage is no longer considered

necessary or even significant for a relationship.

Islam has laid down rules and regulations for marriage and has considered

marriage an important and essential part of a Muslims life.2 This lack of understanding

has in itself caused many problems such as fornication, homosexuality, masturbation etc.,

which are getting worse day by day. These problem can obviously be avoided should the

rules, regulations and concept of the sacred relationship is purely embraced by all

1
http://www.jannah.org/sisters/marr.html
2
http://www.inter-islam.org/Lifestyle/marry.htm

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Muslims. For the purpose of this assignment, we will discuss on ‘Fiqh Hukm’ (rulings)

that is relating to marriage and elements in it without discussing on what needed to build

a marriage extensively

2.0 Condition(s) on Muslims constitute to Fiqh Ruling for Marriage

According to Imams Abu Hanifah, Ahmad ibn Hanbal and Malik ibn Anas,

marriage is ‘Mandub’ (recommendatory); however in certain individuals it becomes

‘Wajib’ (obligatory). Imam Shaafi'i considers it to be ‘Mubah’ (preferable). The general

opinion is that if a person, male or female fears that if he/she does not marry they will

commit fornication, then marriage becomes Wajib. If a person has strong sexual urges

then it becomes Wajib for that person to marry. Marriage should not be put off or delayed

especially if one has the means to do so.3

A man, however should not marry or be married which the marriage will leads to

‘Haram’ or ‘Makruh’ to them if he or she does not possess the means to maintain a wife

and future family, or if he has no sex drive or if dislikes children, or if he feels marriage

will seriously affect his religious obligation.

Marriage as other element in Islam does have its own ruling; be it on the

conditions as explained above, or rulings on how ones should manned the marriage itself.

There is no differences on what type(s) of Fiqh rulings applies for the latter one as all five

elements are included namely ‘Wajib’, ‘Mandub’, ‘Mubah’, ‘Makruh’ and ‘Haram’

From this section onwards, we will further discuss the above in details.

3
http://www.jannah.org/sisters/marr.html

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3.0 Fiqh Ruling(s) in Marriage

3.1 Wajib (Obligatory)

Islam has put great stress on the relationship of husband and wife. It has clearly

laid down the respective rights and obligations to avoid confusion and complication in

this regard4. The basis of husband-wife relationship is love and compassion. In this regard

the Quran states, "And among His sings is this that He has created mates from among

yourselves, that you may live in comfort with them, and he has put love and compassion

among you (husband and wife). Surely in that are sings for those who think” (Surah Ar-

Rum: Verse 21)

For the purpose of explaining wajib, the example will be use is the need to obey

the husband is deemed obligatory from the perspectives of women called wife. The role

of husband normatively revolves round the principles that it is his solemn duty to Allah to

treat his wife with kindness, honour and patience, to keep her honourably of free her from

marital bond honourably, and to cause her no harm of grief. The wife's position has been

explained in the Quran by saying; "Women have similar rights over men as men have

over women." (Surah Al- Baqarah: Verse 228)

On the other hand, the husband in Islamic law is obligated or wajib to maintain

her wife. Maintenance includes the wife's right to lodging, clothing, nourishing, care and

well being. The wife has a right to enjoy all these things according to her status and

according to capacity of her husband. The wife, however, loses her right of maintenance,

according to the unanimous opinion of the Muslim jurists, in case of Nushuz, that is her

hatred of defiance of husband or her attraction to another person. In case of husband's

recalcitrance to maintain wife, the law enforcement agencies are required to enforce
4
http://www.witness-pioneer.org/vil/Books/SH_SL/islamic_law_regarding_spouse.htm

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maintenance. The majority of Muslim jurists also allows the wife the right to seek

divorce in such a case. If she wishes so, the court must comply with her request and grant

her the divorce.

The main obligation of the wife as a partner in a marital relationship is to

contribute to the success and blissfulness of the marriage as much as possible. She should

be attentive to the comfort and well being of her mate. The Quran mentions good wife as

"comfort of eyes." (Surah Al-Furqan: Verse 74)

The husband has been stated by scholars as the head of the family in Islamic

family system. It is the duty of all family members to obey him in lawful matters.

However, Islam has enjoined on all Muslims to manage their affairs (which includes

family affairs) by mutual consultation. However, in case of disagreement, the head of the

family should be obeyed. The mutual relation of men and women in Islam is that of

"friend" and not of master and servant. The Quran says,

"Believers men & women are friends to one another (Wali), they enjoin right,

forbid wrong, establish Salat, pay Zakat ,obey Allah & His Prophet" (Surah At-Touba :

Verse 71)

This is the last verse of the Quran on man-woman relationship and it shows that

duties of men and women are basically same. Husband alone has the right of sexual

intimacy with wife. The wife must not allow any other person to have access to that

which is exclusively the husband's right. Wife has similar right in this regard. Islam has

given the correct principles and instructions regarding rights and obligations of husband

and wife. These principles, if obeyed in true spirit, would ensure better family and social

life.

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3.2 Mandub (Recommended)

Mandub denotes a demand not binding on the Mukallaf. Compliance earns

spiritual reward but no punishment is inflicted for failure.5. Mandub actions are those

whose status of approval in Islamic law falls between mubah (neutral) and wajib (actions

which must be performed). One definition is "duties recommended, but not essential;

fulfilment of which is rewarded, though they may be neglected without punishment"

(Reuben Levy, The Social Structure of Islam, p. 202). Synonyms of mandub can be

masnun or mustahabb. The opposite of mustahabb is makruh.6

One of the examples for Mandub would be the marriage itself, where it was

narrated by Imams Abu Hanifah, Ahmad ibn Hanbal and Malik ibn Anas; marriage is

‘Mandub’ (recommendatory). A man is recommended to get married should he feels he is

ready financially, emotionally and spiritually.

3.3 Mubah (Permissible)

Mubah refers to permissible or indifferent ruling in fiqh towards the conduct of

Muslims in daily activities.7 Mubah is alternatively called as ja’iz or halal8. There is no

Shari’ah injunctions appended to Mubah, therefore any commission and omission of such

acts will not amount to any reward or punishment.9 It is a communication of the

Lawgiver which gives the option to the Mukallaf10 and supported by the following text

when Allah said,

5
http://www.witness-pioneer.org/vil/Books/SH_Usul/sadd_al_dharai_and_hukm_sharii.htm
6
http://en.wikipedia.org/wiki/
7
Dr. Mohamad Akram Laldin, “Introduction to Shari’ah & Islamic Jurisprudence”, 2006, page 13
8
Dr. Mohamad Akram Laldin, “Introduction to Shari’ah & Islamic Jurisprudence”, 2006, page 13
9
Dr. Mohamad Akram Laldin, “Introduction to Shari’ah & Islamic Jurisprudence”, 2006, page 13
10
http://www.muslimtents.com/aminahsworld/Islamic_jurisprudence_value.html

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 “He has only forbidden you dead meat, and blood, and the flesh of swine, and

that on which any other name has been invoked besides that of Allah. But if one is forced

by necessity, without willful disobedience, nor transgressing due limits – then is he

guiltless. For Allah is Oft-Forgiving Most Merciful” (Surah: al-Baqarah, Verse: 173).

Allah has created man and woman from a single soul and He intended them to live and

work together.11 Allah said,

“O mankind! We created you from a single (pair) of a male and a female, and

made you into nations and tribes, that you may know each other (not that you may

despise each other). Verily that most honored of you in the sight of Allah is (he who is)

the most righteous of you. And Allah has full knowledge and is well acquainted (with all

things)” (Surah: al-Hujurat, Verse: 13).

With the above authority Allah allow marriage between muslim man and woman

regardless of their race, skin color or location. It is permissible for a muslim man from

Malaysia to marry a muslim woman from Brunei provided that all rules pertaining to

nikah are adhered to. There is neither reward nor punishment given to the couple as a

result of choosing a partner from a different country.

3.4 Makruh

Makruh refers to undesirable act12 and it is the opposite of mandub.13 Although

committing an action that leads to makruh is not liable to punishment or moral blame, it

11
Ruqaiyah Waris Maqsood, “The Muslim Marriage Guide – Holy Qur’an and Hadith”, page 5
12
Dr. Mohamad Akram Laldin, “Introduction to Shari’ah & Islamic Jurisprudence”, 2006 , page 13
13
http://www.muslimtents.com/aminahsworld/Islamic_jurisprudence_value.html

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 is preferable to omit it rather than committing it. 14 According to Imam Hanafi, makruh

can be further divided into two categories, namely as follow.

 makruh tanzihi which is lesser undesirable but nearer to permissible15; and

 makruh tahrimi (nearer to haram)16.

Imam Hanafi was in the opinion that the commitment of makruh tahrimi could result in

the moral blame but not amounted to punishment. 17

The proper time and age of marrying is when the individual reaches sexual as well

as mental maturity.18 Mental maturity may mean the capability of establishing a cordial

family life and the ability to fulfill rights of family members.19 It is makruh for a man to

get marry with a woman when he does not have the financial ability to care for her

throughout the marriage. This could lead to economic and other problems surrounding

the family in future.

3.5 Haram

Haram is a binding demand of Lawgiver to abandon something, therefore if the

Muslim commits the act he or she will be punishable, whereas any omission of which will

be rewarded accordingly.20

There are many unlawful actions in a Muslim marriage. One illustration from the many is
21
when a woman who is still married, is prohibited to marry another man. A woman can

14
http://www.muslimtents.com/aminahsworld/Islamic_jurisprudence_value.html
15
Dr. Mohamad Akram Laldin, “Introduction to Shari’ah & Islamic Jurisprudence,” 2006, page 13
16
Dr. Mohamad Akram Laldin, “Introduction to Shari’ah & Islamic Jurisprudence,” 2006, page 13
17
http://www.muslimtents.com/aminahsworld/Islamic_jurisprudence_value.html
18
http://www.ezsoftech.com/omm/handbook.asp
19
http://www.ezsoftech.com/omm/handbook.asp
20
Dr. Mohamad Akram Laldin, “Introduction to Shari’ah & Islamic Jurisprudence”, 2006, page 13
21
http://www.witness-pioneer.org/vil/Books/Q_LP/ch3s2p1.htm

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only marry with another man, if her current marriage tie is unleashed through the death of

her husband or by way of divorce. Even so, she is required to complete the period of

waiting ('iddah) as ordained by Allah and ‘iddah is applied differently based on the status

of the woman.

• Situation 1: A pregnant woman completes her ‘iddah when she delivers the baby;

• Situation 2: A widowed woman but not pregnant completes her ‘iddah after

waiting for four months and ten days;

• Situation 3: A divorced woman, who is not known whether or not she is pregnant,

required to complete her ‘iddah of three menstrual cycles; and

• Situation 4: A divorced woman who is does not menstruate, the ‘iddah is three

months

4.0 Conclusion

Fiqh ruling in Islamic Marriage does not meant to restrict the believers of Islam

on what constitutes the marriage in general and how to manned the institution; however it

acts as a principal basis to govern the interest and benefits of husband, wife and family

throughout the journey and even when the knot is unleashed. By having all these rules,

ones shouldn’t feel discouraged or fear to enter the institution; instead believers of Islam

should follow this Sunnah of The Prophet Muhammad SAW and embrace the

understanding of the marriage concept itself. Through marriage, ones can improve

themselves emotionally, physically and spiritually for a better ummah. This can be

reflected in the following hadith; Prophet Muhammad SAW said

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"When a man marries, he has fulfilled half of his religion, so let him fear Allah

regarding the remaining half." (Narrated by Anas)

REFERENCES

• Dr. Mohamad Akram Laldin, “Introduction to Shari’ah & Islamic

Jurisprudence”, CERT Publishing, 2006

• Abdullah Yusof Ali, The Holy Quran: Text and Translation

• http://en.wikipedia.org/wiki/

• http://www.witness-

pioneer.org/vil/Books/SH_Usul/sadd_al_dharai_and_hukm_sharii.htm

• http://www.jannah.org/sisters/marr.html

• http://www.inter-islam.org/Lifestyle/marry.htm

• http://www.witness-

pioneer.org/vil/Books/SH_SL/islamic_law_regarding_spouse.htm