Muslim Marriage Contract

A Muslim marriage contract lays down the terms and conditions of marriage. The husband and the wife have to strictly adhere to the terms of the contract or face the risk of losing a specific privilege.

A Muslim marriage is considered a contract and not a sacrament. While it is held that it constitutes the sole religiously authorized means for individuals to enter into a lawful sexual relationship and to produce offspring, marriage is in fact a social arrangement that two individuals or people acting as their representatives, enter into. Since it forms a contract (‘aqd), undoubtedly it confers legal rights and responsibilities on each spouse.

The issue addressed here is what an Islamic marriage should rightly be as stated by the Qur’an.

Now Islamic jurisprudence deems the chief objective of a marriage contract is to render intercourse legally permissible (halal) between the husband and the wife as well as to legitimize any ensuing progeny. Besides, the marriage contract fixes additional rights and responsibilities for each spouse. Apart from the fundamental prerequisite of “mutual good conduct,” that is not officially described, these rights and responsibilities are distinguished by gender. Moreover, they are mutually dependent: failure on the part of one spouse to discharge a particular responsibility may put at risk his or her entitlement to a specific right.

When it comes to selecting a partner, a person with an abundance of “taqwa” (piety) is usually chosen. The prophet advises the suitors to see each other prior to the marriage. It is unfair for two strangers, who meet for the first time, to be required to get personal with each other when they have absolutely no knowledge of each other. Further, the couple is allowed to observe each other in an analytical way but not in an immoral manner. This edict does not disagree with the ayah, which states that women and men should not look directly at each other.

Moreover, the couple is not allowed be by themselves in a private room or to go out unaccompanied. In Islam, there is no perception of romance as is observed in the west. The practice of dating or living together prior to marriage does not exist. No sort of physical relationship is allowed before marriage.

A Muslim virgin girl’s selection of a partner is conditional on her father or guardian’s consent so as to look after her interests and well being. The prophet stated that a widow and a divorcee should not commit to marriage until she has given her consent and a virgin shall not commit to marriage until her approval is gained. However, the prophet did invalidate a girl’s marriage, when it came to his notice that her father forcibly got her married off.

The husband is accountable for the wife’s well being, whether she happens to be a Muslim, a non-Muslim, affluent, underprivileged, healthy or ill. A part of his responsibility as the head is to take on the family’s financial responsibility in a benevolent manner in order that his wife is guaranteed security. This takes care of her right to food, clothing, accommodation, and general care such as medicines, health care bills and so on.

The wife should be loyal, upright and sincere. She must not cheat her husband by intentionally not using contraception. She should not let any other individual to have what is wholly considered her husbands right (that is, sexual relationship). She should not welcome nor have visitors at home without letting him know or taking his permission. She should not entertain unfamiliar males. She should not receive presents from other males without his consent. This is intended to prevent resentment, distrust and scandal. The husband’s properties are her trust.

Amongst the chief responsibilities of a wife is to add to the pleasure of marriage and work in making it successful. She should be devoted to the welfare and happiness of her husband. The wife should appear sexually alluring to her spouse and be receptive to his moves. The wife should not reject her husband sexually since this can cause marital troubles and perhaps entice the man to commit adultery. The husband certainly should allow for the wife’s physical condition and an overall concern should be presented.

Source: http://www.readycontracts.com

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