Islamic Marriage and Divorce
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In Pre Islamic Arabia, Nikah (i.e. marriage) meant that women should be totally dependent on their husbands and they had no right of inheritance. Prophet Mohammad declared the Islamic marriage is a civil contract. It has the following features.
- A woman would remain a complete owner of her property as per her wish in the absence of any external control from her husband
- A woman would not lose her individuality in the marriage
The Prophet announced that marriage was his Sunna. If an individual does not adhere to this mode of life, then he / she is not the Prophet"s follower.
Intentions of Islamic Marriage
- To expand the family
- To take care and responsibility of children
- To set an order in domestic life
- To control sexual passion
Pre-requisites for Islamic Marriage
- The marriage shall take place in the presence of 2 male witnesses or 1 male and 2 female witness. These witnesses must be Muslim, adult and sane
- Both the parties must have free consent to the marriage
- There should not be any legal disability. There should be an absence of any restrictions on the basis of valid Islamic grounds that prevent the parties from marrying
- The competence of the parties for marriage is decided as follows. The party must be a Muslim who has acquired the age of puberty and must be a Muslim of a sound mind
- One party must make a proposal of marriage and the other party must accept it. The proposal must include an agreement regarding a dowry as well as a mahr. A mahr is a gift of marriage by the groom to the bride. A dowry is a gift from the family of the groom to the family of the bride
Highlights of Islamic Divorce
Many individuals believe that an Islamic husband can utter the word "talaq" three times on one occasion and this leads to an Islamic Divorce. This triple pronouncement of this word was studied by several scholars and the following points were deduced.
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