STRUCTURE, TERMS AND CONDITIONS
We have discussed the key aspects of the Islamic view of life, the family foundations for Muslims and their goals and activities.
Marriage and Divorce
Marriage, as a social institution, is actually a social contract. And as a state contract it remains at the same level as other contracts. Its legitimacy depends on the strength of the contracting parties, which, according to Islamic law, consist of bulugh and understanding. Agreeing to a public declaration of a marriage contract is crucial. The law does not insist on any form of contract or any other religious event, although there are various forms of tradition that are very common among Muslims in various parts of the world and are considered good compliance. According to Shariah, the legitimacy of marriage depends on the exaltation of one side (ijab) and acceptance (QubuI) on the other. This offer and acceptance can be done directly between organizations, or through an agent (Wakil). In a traditional Muslim marriage the bride’s consent is obtained by her representative. Usually there are at least two witnesses to this marriage contract, who are attending the family ceremony. There is also a dower (mahr) that the husband pays for the wife and is made only for himself and uses and benefits. The latter (e.g. reduction) is an important part of the scheme, but it is not important in the marriage law that its value must be determined in advance. So their absence will not make the marriage ineffective, even if the husband is expected to pay for it according to custom.
Marriage in Islam is not a temporary union and is intended for a lifetime. Divorce, however, is permissible if it fails to achieve its objectives and is unjustly dissolved.52
Family mediation is answered prior to final dissolution. This is set down in the Quran and Sunnah. If this fails, steps will be taken to end the marriage. There are three types of divorce: divorce by the husband (talaq), divorce required by the wife (KhuIa) and dissolution of the marriage by a mediator court. Detailed rules and by-laws are set by the Quran and Sunnah in this regard and are included in the books of fiqh to regulate the various aspects of marriage and family life.
A Muslim wedding is usually a contract marriage. While marriage is primarily a relationship between spouses, it actually builds relationships between two families, and more. That’s why other family members, especially the spouse’s parents, play a very positive role in them. Permission for the bride and groom is, in fact, important.53 Although the fact that homosexuality is not allowed, it is permissible for couples to meet before marriage, the most important thing is that marriage in Muslim society is not just a secret between a man and a woman. That is why every family contributes accordingly to its planning, material management and fulfillment
How Marriage Has a Contract
There is no set wedding ceremony. It is legally mandated that marriage should be performed in public. Some members of the community should be aware of this development, preferably in a way that has been accepted by the public as its use (‘urf) Nikah (marriage contract) usually takes place at a social gathering where family members and other friends and relatives gather. Nikah can be made by anyone. Usually in the Muslim community there are people known as Qadi who do this work. In the Nikah sermon they read the Quran and Sunnah and invite the couple to a life of knowledge of God, purity, love both and loyalty and social commitment. After that the marriage has a contract in which the jjab (proposal) and QubuI (acceptance) are made in the presence of witnesses. After Nikah the bride moves to the groom’s house and they both start this new chapter of their lives. After the wedding, the bridegroom holds a party for relatives and friends. The real purpose of these gatherings and parties is to make the event a public service and to inform the public and participate in it. The Prophet commended the people for holding these celebrations in a simple way and sharing the joy. He said:
“The best marriage is one that is given a little trouble and expense.” The invitation to the wedding feast disobeys God and His Prophet. “55
Muslim Family Building
The family structure is three. The first and closest one consists of husband, wife, children, living parents, and employees, if any.56 The next group, family fold, consists of many close relatives, whether living together or not, with special requests for each other, who move freely within the family, who is not forbidden to marry and among them there is no hijab (veil). These are people who also have a previous claim to wealth and personal services, life and death (as beneficiaries, known as heirs, first line of beneficiaries).
The family is protected from having sex outside of marriage. Fornication (Zina) is therefore forbidden and he commits a punishable offense. All the roads leading to this evil are closed and anything that opens the way to them is checked and removed. That is why misconduct of any kind is not allowed. The Islamic Hijab program is a comprehensive program that protects the family and closes those paths that lead to illicit sex or unbalanced communication between the sexes in society. It sets out important rules and regulations regarding dress, codes of conduct, contract rules between men and women and other intermediate or related questions.