Marriage contract Shaykha Aysha Wazwaz

Contracts save your rights, so know them to protect yourself!

The pillar of a marriage contract Offer and consent إيجاب وقبول Given from the one that has the legal right (based on Islam) to give the offer or consent, such as the person himself, or her guardian, or even power of attorney. Certain words must be said to offer and give consent for marriage. The words must ONLY mean PERMANENT MARRIAGE, WITH NO FUTURE CONDITIONING DEPENDING ON SOMETHING. But if the condition had already happened the marriage is considered, such as saying: if my daughter had passed her test, and in which she already did, you are married to her. But if it is conditioning on something in the future, then it is not considered. If the consent was given, it must be: o Not delayed in time, but right away موالاة o Not busy with something else. o Same setting اتحاد المجلس o Not refused the offer o Some scholars conditioned that the consent would clearly say what the consent is about, such as I agree to marry her. o If we suppose that the previous conditions are met, using technology in where we are sure of the parties, and the words, and setting is allowed to use. But make sure that the country considers it, if papers are needed. Witnesses (2 men) and announcing Waliy (guardian) for a women

The terms that make up a contract (opinion 1) Zawaj, nikah are the only acceptable terms (Hanbali, Shafi’e) Other scholars, including Ibn Taymiya have said: any term that holds the same meaning as zawaj and nikah, such as ملكتك، وهبتك if the intention was there, and both parties understood what was referred to based on culture and norm. o Therefore, saying the contract in any language if both parties totally understand what is being said, and referred to, is considered just a other contracts are. Doing it in Arabic, depends on whether both sides understand what is being said.

The sides that make up the contract Both parties must be: o Reached the age of puberty o Mentally fit If someone is not mentally fit, his guardian may take the power of attorney and guardian ship to do it on his/ her behalf. o Have the legal right to pursue the contract, such as for himself or who he has the right guardian, or power of attorney. If it’s a male, he has the right to pursue the contract for himself no guardian is needed, unless he is mentally not fit. If it’s a female, she must have a waliy (guardian), if she does not have one, the judge takes that position and responsibility. o No presence of any reason that forbids them from marrying each other, whether temporary or permanent. o All sides of the contract know each other. o Be able to hear each other’s words. o Give consent with no compulsion what so ever, the judge must make sure of female’s total consent.

Frequently misunderstood topic Age of groom or bride o Age was not set in Islam for marriage, to embrace all cultures, and it is left for the culture, life, social, and personal benefits and demands to decide. But, the person must have reached the age of puberty for the consummation of the contract in an actual marital relation. o The contract and not the consummation depending on the culture, life, social, personal benefit may take place under extreme investigation from the judge and only the father of the child may set a contract. o If a marriage contract was done on behalf of someone, s/he may later bring and end to it.

Famous misinformation about contracts The hands of both parties are covered with a little white material o Truth is: marriage contracts are verbal consent and offer, and no material is to put. It must be done through a shaikh, or imam o Truth: marriage can take place if the verbal words and conditions were met, even if no shaikh or imam was present, and in fact, even if no papers were signed. But beware of your rights not being official!