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 Fiqh of Mariage

اذهب الى الأسفل 
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مُساهمةموضوع: Fiqh of Mariage   Fiqh of Mariage I_icon_minitimeالإثنين أبريل 19, 2010 12:40 am

Marriage in the Quran
There
are a number of verses in the Quran which relate to marriage directly
or indirectly. These verse can give us a basic understanding of what
Allah intended for us in the area of marriage.

Women and Men are Brother and Sister
The Prophet (peace be upon him) said: "An-Nisa'u shaqa'iqu ar-rijal." "Women are the full siblings of men."
We Come from the Same Common Ancestor
All
women and men are descended from the same original human being. This
blood connection is related to the rights and obligations between men
and women. Please refer to the opening of Surah An-Nisa:

"O,
People beware of your Lord who created you from a single soul and
created there from it mate and brought about from those two many men
and women. And beware of Allah by whom you ask one another and the
wombs. Allah is surely watching you." [Noble Quran 4:1]

Affection Between the Spouses is one of Allah's Signs
The affection which Allah has created in the hearts of the two spouses
is one of His great signs for the people of understanding. Such people
can look at this aspect of Allah's creation and be reminded of the
greatness of Allah's work and power and the magnificent mercy Allah has
placed in His creation. Please refer to Surah Ar-Rum:
"And
among His signs are that He created for you from your selves mates that
you may attain calm unto them and He placed between you affection and
compassion. Surely in that are signs for a people who reflect." [Noble
Quran 30:21]

"He
is the one who created you from a single soul and made from it its mate
that he may attain calm unto her." [Noble Quran 7:189]

According
to this, the relationship between husband and wife should be one of
affection, compassion and mutual understanding. If husband and wife do
not find this in their marriage, then they need to look to their Islam
and the completeness of their uboodiya (slavery and complete worship)
to Allah Most High. By each of them focusing on the completeness of
their Islam and carefully maintaining their obligations toward the
other - instead of focusing on the faults of the other and attempting
to use Islam as a stick with which to beat them down - the affection,
compassion and great calm or peace of home life will insha'Allah be
found.

Allah Specifically Orders Men to be Kind to their Wives
Since
the most common marital flaw from the man's side is cruelty, lack of
kindness or lack of compassion, Allah and His Prophet (peace be upon
him) have stressed on the man the need for kindness and good treatment.
Allah said:

"And
interact with your wives in a good manner for if you feel dislike for
them, it may well be that you dislike something in which Allah places
much good." [Noble Quran 4:19]

On this same subject, the Prophet (peace be upon him) said:
"Khairukum khairukum li'ahlihi wa ana khairukum li'ahliy."
"The
best off you is the best of you toward his family (i.e., wife) and I am
the best of you toward my family." At-Tirmidhi & others (sahih)

Allah Reminds Women to be Obedient to their Husbands
The Islamic household is arranged in the same way as the Muslim Ummah
as a whole. There is an Amir who is in charge and has final authority
as well as final responsibility over the household just as the Khalifah
has over the Ummah as a whole.
The
Khalifah is required to consult with the people of knowledge before
taking important decisions. After this consultation, he is not bound by
their opinions however. Rather, he is commanded to take what he sees as
the best and most correct decision, even though it may not be the
favored opinion among those with whom he consulted. The Khalifah is
under no obligation to consult those of no knowledge or expertise in
the Shari'ah and/or the issue at hand.

Likewise
the Muslim husband. His wife is his fellow adult in the household. He
is encouraged to consult with her in decisions in which she may have
some constructive input to offer. Like the Khalifah, he is not bound by
any of her opinions and is required to always strive to take the
Islamically correct course of action. Young children are not part of
the "shura" of the father, particularly in issues of upbringing and
discipline. Mother and father must work together on these issues with
final authority and decision-making always belonging to the father. It
is easy to find examples of families suffering great discord when the
correct relationship between husband and wife is not maintained or when
one of them puts the children above the other. It then become a
question of who is raising whom?

The
Muslim father has been ordered by Allah to do everything in his power
to protect his wife and children from the fire. This is his
responsibility and his authority - even if it goes against their
opinions. Allah said:

"O
you who believe, guard yourselves and your family members from a fire
whose fuel is people and stones. Over it are ferocious and powerful
angels. They do not disobey and of Allah's orders and do whatever they
are told." [Noble Quran 66:6]

Since
the main temptation for the woman in marriage is disobedience and
disrespect toward her husband, Islam stresses on her to control this
aspect of her personality just as it stresses on the man to avoid
cruelty and lack of compassion. Allah said:

"Men
are in authority over women with that with which Allah as preferred
some of you over others and with that which they spend of their wealth.
So the righteous [women] are the obedient [women] those who guard in
absence that which Allah has guarded. As for those from whom you detect
rebelliousness, reproach them, separate from them in sleeping and
strike them. If they obey you, do not desire a way at them. Surely,
Allah is the High, the Great." [Noble Quran 4:34]

Of
course, this obedience is only in that which is not disobedience to
Allah Most High as is clear from the statement of the Prophet (peace be
upon him):

"Laa taa'ata li makhluqin fiy ma'siyati khaliq."
"There can be no obedience to a created being in disobedience to the Creator."
In
a sahih hadith, the Prophet (peace be upon him) mentions that one of
the signs of Qiyama is "when a husband is obedient to his wife."

Marriage is the Sunnah of the Prophets
It
was the way of the prophets of Allah Most High to marry and have
children. 'Isa was a notable exception whose life was quite short and
who never did either of these things. He never taught celibacy and is
not to be taken as an example in this regard. Allah said:

"We have sent messengers before you and made for them wives and descendants." [Noble Quran 13:38]
Marriage Must Begin and Continue in the Proper Manner
The
previous evidences illustrate the make-up of the correct Islamic
marriage. It is one in which there is affection and compassion between
the spouses. It is one in which both spouses love Allah more than all
else. It is one in which the husband is kind and generous toward his
wife and in which the wife is obedient and respectful toward her
husband. They should each find repose and peace in each other's
company. Why then is our actual reality so far from this ideal in so
many cases?

Obviously,
the first place we should look is to our selves and our actions.
Secondly, experience has shown that marriages which start off
incorrectly and in disobedience are usually doomed to failure. For
example, many Muslims look for a spouse as the disbelievers do: looking
for who is attractive to them and talking at length with them in order
to "get to know them". Certainly, a Muslim should try to know about the
person they intend to marry, but meeting and talking in person or on
the phone is not the proper way to go about it. This will usually lead
to finding a marriage partner based on their attractiveness. The
Prophet (peace be upon him) has informed us that anyone who selects a
mate based on anything other than their piety is doomed to failure:

"A
woman is sought in marriage for four things: her beauty, her wealth,
her social status and her family ties. Attain victory with the one
piety, may your hands be in the dust!"

The
meaning of "may your hands be in the dust" is may you be afflicted
(e.g., with poverty) if you fail to heed what I am saying to you.

Good Intention
Marriage
is one of the most important social relationships in society. If it
goes sour, there is little hope for the overall society - especially
the next generation. Note the following supplication from the lips of
those who have repented and do good deeds:

"And
those who say: Our Lord! Grant us from our wives and our descendents
coolness of the eyes and make us an example for the people of piety."
[Noble Quran 25:74]

Marriage is an Act of Worship and "Half One's Religion"
The importance of Marriage in Islam can be seen in the following hadith:
"Man tazawwaja faqad istakmala nisfa al-iman falyattiqi Allaha fiy an-nisf al-baaqiy."
"Whoever marries has completed half of his faith. So let him beware of Allah regarding the other half."
This
is, of course, when a person marries for the correct reasons and in the
correct manner. Many scholars have commented that marriage is
preferable to concentrating on extra acts of worship
.
الرجوع الى أعلى الصفحة اذهب الى الأسفل
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عدد المساهمات : 56
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مُساهمةموضوع: رد: Fiqh of Mariage   Fiqh of Mariage I_icon_minitimeالإثنين أبريل 19, 2010 12:41 am

Marriage: Goals, Purpose and Definition
The Definition of Marriage (Nikah






The original meaning of the work nikah is the physical
relationship between man and woman. It is also used secondarily to
refer to the contract of marriage which makes that relationship lawful.
Which of the two meanings is intended can be determined by the context
in which it is used.


As for the definition of marriage in fiqh, the simple definition would go something like this:

"A contract that results in the two parties physically enjoying each other in the manner allowed by the Shari'ah."

Since this only focuses on one aspect of the marriage contract, Muhammad Abu Zahrah (a modern scholar) defines it like this:

"A contract that results in the man and woman living
with each other and supporting each other within the limits of what has
been laid down for them in terms of rights and obligations."


Ibn 'Uthaimin ('Uthaymin) takes an even more comprehensive view of the institution of marriage in his definition of it as:

"It is a mutual contract between a man and a woman whose
goal is for each to enjoy the other, become a pious family and a sound
society."


The Purpose and Goals of Marriage

Like anything a Muslim does, marriage should only be
undertaken after gaining an understanding of all that Allah has
prescribed in terms of rights and obligations as well as gaining an
understanding of the wisdom behind this institution. Nearly all peoples
and all societies practice marriage in some form, just as they practice
business (buying and selling). 'Umar ibn Al-Khattab used to expel
people from the marketplace in Medina who were not knowledgeable of the
fiqh of buying and selling. Likewise, a Muslim should not engage in
something as important as marriage without having understanding of the
purpose of marriage in Islam as well as a comprehensive understanding
of the rights and obligations which it brings about.


One of the principles of Islamic Jurisprudence says
that: "The default state of all things is lawfulness until some
evidence shows otherwise." Based on this, if new foods are discovered,
they are considered lawful, unless there is some specific reason or
attribute which would make it forbidden for example if it is causes
intoxication. Relations between men and women do not follow this
general principle and in fact are opposite to it. The principle is
that: "Relations between men and women are forbidden until some
evidence shows otherwise."


Procreation (Children)

One of the most important purposes of marriage is to
continue and increase the population of the Muslims. Clearly, this goal
could be achieved without marriage, but when actions are undertaken in
disobedience to Allah, they do not receive the blessing of Allah and
the whole society is corrupted. The Prophet (peace be upon him) said:


"Marry, for I will outnumber the other nations by you on Qiyama." [Ibn Majah - Sahih]

It should be stressed that the goal is not simply to
produce any child that will live in the next generation. It is to
produce righteous children who will be obedient to Allah and who will
be a source of reward for their parents after they die. The Prophet
(peace be upon him) will NOT be boasting before the other nations on
the day of Qiyama with children of Muslim parents who left the path of
Islam. Thus it is the responsibility of Muslim parents to seek the
means of giving their children the training and education they need not
just to grow, but to succeed as Muslims worshipping and obeying Allah.
This obligation may include migration (hijrah), establishing of Muslim
communities and schools and other obligations. As the scholars have
said in another principle of fiqh:


"That without which an obligation cannot be fulfilled is itself obligatory."

Pleasure

Islam is the religion of the fitrah - the religion which
is consistent with the natural instincts and needs of mankind. It is
not like the man-made (of modified) religions which set unnatural
constraints on people whether self-inflicted prohibition of marriage
(nuns and monks, etc.), prohibition of divorce or monogamy. Men are
inclined toward women and women are inclined toward men. Marriage is
the institution which fulfills this desire and channels it in ways
pleasing to Allah Most High. Allah mentions this attraction:


"The love of the desires for women, sons, ... has been made attractive to people." [Noble Quran 3:14]

The Messenger of Allah himself made clear that the
attraction between the sexes is something natural and not something to
be denied or suppressed - only channeled in the ways pleasing to Allah
Most High, saying:


"Women and perfume have been made beloved to me of this
world of yours and my peace of mind is in the prayer." [Ahmad &
others - sahih]


The desire of men and women for each other is an urge
which needs to be fulfilled. If it is left unfulfilled, it will be a
source of discord and disruption in society. For this reason, the
Prophet (peace be upon him) ordered all men who are capable of meeting
the responsibilities of marriage to do it:


"Whichever of you is capable should marry for it will
aid him in lowering his gaze and guarding his body (from sin). As for
the one who is not capable, fasting is his protection." [An-Nasa'i -
Sahih]


The Ruling Concerning Marriage

Different Rulings for Different Cases?

What is the status of marriage in the Shari'ah? Is it
obligatory or merely allowed? Some of the Hanafi scholars have broken
this question down into different cases:


If a person feels certain that he will commit something
forbidden if he does not marry and he has the financial ability to
marry, then marriage is in his case fardh (the highest level of the
obligatory in Hanafi terminology).


If a person has the ability to marry and treat his wife
properly and fears (strong probability) that he will engage in unlawful
acts if he doesn't, then marriage in his case is wajib (obligatory).


If a person does not have the financial or physical
means to marry or feels certain that he will not treat his wife
properly then marriage in his case is haram (forbidden).


If a person has the means to marry, but feels strongly
that he will not treat his wife properly, marriage in his case is
makruh (disliked).


If a person has the means to marry and has no fear of
mistreating his wife or of committing the unlawful if he doesn't marry,
then marriage in his case is mustahab (preferred).


This last opinion is widely regarded as the "default"
(al-asl) ruling in this question i.e., marriage, generally speaking is
the preferred but not obligatory way and only becomes obligatory,
forbidden, etc. in the exceptional cases.


Since the man is normally the one who goes looking for a
spouse and proposes to her family, etc., these discussions normally
focus on him. Every point in the above discussion, however, applies to
women equally as it does to men.


The Dhahiri (Literalist) Opinion

In the Literalist school of thought, marriage is
considered fardh 'ain - an absolute and individual obligation. Among
the evidence they cite are the following verse from the Quran and
hadith of the Prophet (peace be upon him):


"And marry off the single among you and among the
righteous of your male and female slaves. If they are poor then Allah
will supply their needs from His generosity. And Allah is expansive,
knowing. (32) And let those who do not find marriage hold back until
Allah grants them of His generosity." [Noble Quran 24:32-33]


The following hadith of the Prophet (peace be upon him)
seems to be a blanket "order" to all those with the capability to get
married:


"O young men, whoever among you has the ability, let him marry." [Bukhari & Muslim]

Conclusion Concerning the Ruling of Marriage

The opinion that marriage is - overall - preferred
(mustahab) seems to be the strongest opinion. Ibn 'Uthaymin further
points out that if a person desires to be married, it becomes even more
important. He said: "Marriage in the case of desire for such is
preferred over superogatory acts of worship, due to the many good
results and praiseworthy effects it has."


Also, it is clear that there is a Fiqh of Mariage Collapse_tcatlective
obligation (fardh kifaya) on the Ummah as a whole to promote, defend
and facilitate the institution of marriage. If marriage suffers from
neglect or, for example, unreasonably high dowries which force people
to postpone marriage too long, it is a Fiqh of Mariage Collapse_tcatlective
obligation on the Ummah to come to its aid and to ensure that as many
people as possible live within the context of a marriage. Also, if the
Muslims come to have too many single women because of the abandonment
of polygamy, it become a Fiqh of Mariage Collapse_tcatlective
obligation on the Muslims to address and correct this situation. This
is all clearly based on the command of Allah in the verse previously
cited which starts out:


"And marry off the single among you..." [Noble Quran 24:32]
الرجوع الى أعلى الصفحة اذهب الى الأسفل
kattia
مصممة و مديرة المنتدى
مصممة و مديرة المنتدى
kattia


عدد المساهمات : 114
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تاريخ التسجيل : 09/04/2010

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مُساهمةموضوع: رد: Fiqh of Mariage   Fiqh of Mariage I_icon_minitimeالإثنين أبريل 19, 2010 4:55 am

Thanks For You My Brother Smile
you are magic one in our english forum for islam topic
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Fiqh of Mariage
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