The conditions in marriage
(the permissible conditions)
The conditions that are resolved and must be fulfilled, what a woman demands from her husband, to sympathize with her with kindness or to release her, or if she stipulates that she will not be expelled from her country, or that she will continue her university studies, or other permissible matters.
The Messenger of God - may God bless him and grant him peace - said that the most deserving of conditions is that they be fulfilled what's you have made private parts permissible.
The conditions are not permitted
The Prophet, peace and blessings be upon him, said in the story of Barirah: Every condition that is not in the Book of God is invalid even if there are a hundred conditions, God’s decree is more worthy and God’s condition is more reliable.
The jurisprudence of marriage and its provisions
The marriage is obligatory in the case
If his condition is unbearable; Because he has lust and fears for himself that he may fall into adultery, He must get married. In the hadith of Ibn Masoud in the Two Sahihs, may God bless him and his family and grant them peace, he said: “O young people, whoever of you can meet the requirements of marriage, let him get married, It lowers the gaze and improves chastity, and whoever is not able should fast, for it is a reward for him.
The ba’a in the language: the genus is derived from the mba’a, which is the home, Its origin is the place in which one lives and seeks refuge, Among them is the mba’a of camels, which are their habitats, then it is borrowed for the marriage contract; Because whoever marries a woman gives her a home.
The marriage is desirable in this case
Desirable : If desired, if there is no danger
The marriage is permitted in this case
Permissibility: It is permissible for someone who has no desire to serve in worldly affairs if he informs him of it
Some scholars said: It is absolutely necessary as long as it is lust, and he could not do as much as he could, even if it did not reduce the strife. To the general public: Young people.
For example, he harms a woman because he is unable to have intercourse or provide for her, . Or in other words: It is forbidden for anyone who violates the wife’s right to intercourse or maintenance, despite his inability to do so and his longing for him, unless the wife knows about it and is satisfied with it.
The Wedding night etiquette and cohabitation between spouses
If a husband has consummated the marriage with his wife, it is desirable for him to please her with a gift, drink, or sweet and the he evidence is that the Messenger of God, may God bless him and grant him peace, was build with Aisha ( It was mentioned in the hadith: “If one of you benefits a woman, a servant, or an animal, let him take her by the corner and say: Oh God, I ask you for the best of it and the best that have created for, I seek refuge in You from its evil and the evil of what it has created.” Narrated by Ibn Majah.
To pray two rak’ahs together, as narrated from the predecessors (Ibn Masoud, Abu Dharr, and Hudhayfah)
He mentioned the hadith of the Messenger of God, may God bless him and grant him peace: (If one of you wanted to go to his family, he said: : In the name of God, O God, protect us from Satan, and avoid Satan from what You have provided us, If it is decreed that a child will be born between them; Satan never harmed him.)
He comes to the wife from any direction he wants except the anus
He may enter his wife from any direction he wants, and it is forbidden for him to enter her anus, when he, may God’s prayers and peace be upon him, said, Omar came to the Messenger of God, may God’s prayers and peace be upon him, and said: O Messenger of God, I have perished, He said: What destroyed you? He said: I moved my position tonight, He said, but the Messenger of God, may God bless him and grant him peace, did not answer him anything:
نِسَاؤُكُمْ حَرْثٌ لَكُمْ فَأْتُوا حَرْثَكُمْ أَنَّى شِئْتُمْ وَقَدِّمُوا لِأَنْفُسِكُمْ وَاتَّقُوا اللَّهَ وَاعْلَمُوا أَنَّكُمْ مُلاقُوهُ وَبَشِّرِ الْمُؤْمِنِينَ [البقرة:223]
So God revealed to His Messenger, may God bless him and grant him peace, this verse: Your women are your tillage, so came your tillage wherever you wish and provide for yourselves, And pious Allah and know that you will meet Him, and give good news to the believers [Al-Baqarah: 223] intercourse from in front and from back, and beware of anus and menstruation. God knows best.
It is recommended to perform ablution during repeated intercourse
Because of his saying, may God bless him and grant him peace: On the authority of Abu Saeed Al-Khudri, may God bless him and grant him peace, he said: The Messenger of God, may God bless him and grant him peace, said: If one of you comes to his family and then wants to return, he should perform ablution, Ablution between them, narrated by Muslim. Al-Hakim added, “It is more effective for the oud: private member.
It is permissible for them to wash in one place, as the Messenger of God, may God bless him and grant him peace, did with Aisha, may God be pleased with her, It is desirable for a person in a state of ritual ablution to perform ablution before sleeping, according to the command of the Prophet, may God’s prayers and peace be upon him, according to Ibn Khuzaymah and Ibn Hibban: Aisha, may God be pleased with her, said: I and the Messenger of God were washing May God bless him and grant him peace from a vessel - Between me and him - one, so he hastened with me until I said: Leave for me, leave for me, she said: They are both gnban: impurity from intercourse and in a narration: From one vessel, our hands differ over it.
On the morning of the wedding day, it is desirable for him to have his relatives come and greet them and pray for them, they do so because he did so with his family and wives, may God bless him and grant him peace.
It is forbidden to spread the secrets of sexual intercourse
It has been stated in the authentic hadith that the Prophet, peace and blessings be upon him, from the hadith of Abu Saeed - He, peace and blessings be upon him, said: One of the most evil people will have a position with God on the Day of Resurrection, A man has intercourse with his wife and she has intercourse with him, Then he or she will publish her secret.
If he invites her to his bed and she refuses, she will be cursed by the angels
1/281- On the authority of Abu Hurairah, may God bless him and grant him peace, he said: The Messenger of God, peace and blessings of God be upon him, said: If a man invites his wife to his bed But she did not come to him, and he spent the night angry with her, the angels cursed her until she wake up in morning. agreed upon.
The etiquette of writing a marriage contract
First: Approval of the Muslim guardian
He is the father, brother, grandfather, paternal uncles, or paternal uncles, even if they are distant. The Messenger of God, may God bless him and grant him peace, said: (There is no marriage except with a guardian) Ahmad and others from Al-Tirmidhi and Abu Dawud, and they also said: (Whoever marries without the permission of her guardian, her marriage is invalid, her marriage is invalid, and her marriage is invalid, If he enter with her, she will have a dowry that is permissible for her private parts, and if they are in trouble, The Sultan is the guardian of those who have no guardian she raises her issue without a legitimate excuse, to the judge who marries her on behalf of her guardian.
Second: The offer and the acceptance
The first hadith
992- On the authority of Ibn Abbas, may God be pleased with them both: The Prophet, peace and blessings of God be upon him, said: The woman who has previously been married has more right to herself than her guardian, the virgin is commanded, and her permission is her silence. narrated by Muslim.
The second hadith
991- On the authority of Abu Hurairah, may God bless him and grant him peace, that the Messenger of God, may God bless him and grant him peace, said: A woman who has previously been married shall not be married until she is consulted, A virgin shall not be married until she obtains permission, they said: O Messenger of God, and how was her permission? He said: To be silent. agreed.
The third hadith
- On the authority of Khansa’ bint Khaddam Al-Ansariyya, that her father married her off She had previously been married, but she disliked that, so she went to the Prophet, may God bless him and grant him peace, and he annulled his marriage.
The fourth hadith
- A woman does not marry another woman, and a woman does not marry herself, the adulteress is the one who marries herself.
The majority agree that a guardian is required for the marriage to be valid, contrary to Imam Abu Hanifa, may God have mercy on him, Who believes that marrying an adult woman is valid, Saying more is better, see Fatwa No.: 111441.
Third: The witnesses
On the authority of the Prophet, may God bless him and grant him peace, that he said: “There is no marriage except with a guide guardian, and two justice witness }. Narrated by Al-Khallal with his chain of transmission.
Al-Shafi’i, may God have mercy on him, said: “Marriage will not be rewarded except by four things: The guardian, two witnesses of justice, and the wife’s satisfaction), Kitab al-Umm (2/169).
Al-Tirmidhi, may God have mercy on him, said in Hadith (1103): Act on this according to the scholars of the Companions of the Prophet, may God bless him and grant him peace, and those who followed them among the Successors and others. He said: There is no marriage except with witnesses, and they did not differ on that.)
Fourth: The dowry
Allah says
(وَآتُوا النِّسَاءَ صَدُقَاتِهِنَّ نِحْلَةً) (النساء:4)
God Almighty said: “And give the women their dowries as a gift” (An-Nisa: 4)
Al-Qurtubi, may God have mercy on him, said in his interpretation: This verse indicates that dowry is required for the woman, and it is agreed upon and not disputed, the dowry is neither a condition nor a pillar. From the marriage contract, rather, it is one of the material rights of women, If the contract does not specify the final dowry (what is paid upon divorce), It is true that dowry is required for the wife agreed upon, the dowry is the wife’s right. It is not permissible for the guardian to take it except with her permission and consent, she has the right to waive her rights to her guardian, husband, or others.
Every dowry for a woman is determined by the consummation or death of one of the spouses, or valid seclusion.
It is the meeting of the spouses after the marriage contract, in a place where they can fully enjoy themselves and there is no objection to that, - Pleasure, such as forbidding pleasure, or illness that prevents enjoying her, or one of them being fasting, It is desirable to expedite the full dowry, but it may be delayed or partially delayed if it is impossible
Because of the hadith, the Prophet, may God bless him and grant him peace, said to Ali, may God be pleased with him, when he wanted to marry Fatima: (Give her something) and the permissibility of delaying the end of the dowry: after divorce)
God Almighty said,
(لَّا جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَاءَ مَا لَمْ تَمَسُّوهُنَّ أوْ تَفْرِضُوا لَهُنَّ فَرِيضَةً ۚ وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدَرُهُ مَتَاعًا بِالْمَعْرُوفِ ۖ حَقًّا عَلَى الْمُحْسِنِينَ (236)
(There is no sin on you if you divorce women without touching them, if you not establish for them a duty, and enjoy them with on the generous person as his measure, and on the poor as his measure, enjoying what is right - A right upon the benefactors (236)
Is permission a condition or a pillar?
The authorized person is not a condition or a pillar, but rather an employee who authenticates marriage contracts
It is desirable to
(sermon the need) in the hands of the contract and its formulation, (Praise be to God, we praise Him, we seek His help and seek His forgiveness, and we seek refuge in God from the evils of ourselves and the bad deeds of our deeds...)
Allah says
(يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ حَقَّ تُقَاتِهِ وَلَا تَمُوتُنَّ إِلَّا وَأَنْتُمْ مُسْلِمُونَ)(102) آل عمران
(O you who have believed, pious God as He should be pious with, and do not die unless you are Muslims (102) Al Imran
Allah says
(يَا أَيُّهَا النَّاسُ اتَّقُواْ رَبَّكُمُ الَّذِي خَلَقَكُم مِّن نَّفْسٍ وَاحِدَةٍ) الآية النساء
(O people, pious your Lord, who created you from a single soul) Al-Nisa’ verse
Allah says
(يَا أَيُّهَا الَّذِينَ آَمَنُوا اتَّقُوا اللَّهَ وَقُولُوا قَوْلًا سَدِيدًا) (70) الأحزاب
(O you who have believed, pious Allah and speak words of correct (unbiased)) (70) Al-Ahzab
On the authority of Jaber bin Abdullah, may God be pleased with them both: The Prophet, may God bless him and grant him peace, used to say in his sermon: ((As for what follows, the best hadith is the Book of God, and the best guidance is the guidance of Muhammad, The worst of matters are newly invented matters, and every heresy is misguidance.) narrated by Muslim.
Is it required that the guardian put his hand in the hand of the suitor at the time of the contract?
The guardian is not required to extend his hand to the suitor at the time of the marriage contract.
The conditions that are resolved and must be met, what a woman requires from her husband, to sympathize with her with kindness or release her, or if she stipulates that she will not be expelled from her country, or continuing university studies, or other permissible matters.
- The most deserving of the conditions that you fulfill is that which you make private sexual intercourse permissible.
The Impermissible conditions
He said - may God bless him and grant him peace (...whatever condition was not in the Book of God It is invalid, even if it has one hundred conditions, God’s decree is more deserving, and God’s condition is more reliable...).
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