Wednesday 29 May 2013

Islam Marital Jurisprudence

Islam also commends marriage, with the age of marriage being whenever the individuals feel ready, financially and emotionally.
In Islam, polygyny is allowed while polyandry is not, with the specific limitation that men can have no more than four wives at any one time, with the requirement that they are able and willing to partition their time and wealth equally among the respective wives.
For a Muslim wedding to take place, the bride and her guardian must both agree on the marriage. Should either the guardian or the girl disagree on the marriage, it may not legally take place. In essence, while the guardian/father of the girl has no right to force her to marry, he has the right to stop a marriage from taking place, given that his reasons are valid. The professed purpose of this practice is to ensure that a woman finds a suitable partner whom she has chosen not out of sheer emotion.
From an Islamic (Sharia) law perspective, the minimum requirements and responsibilities in a Muslim marriage are that the groom provide living expenses (housing, clothing, food, maintenance) to the bride, and in return, the bride's main responsibility is raising children to be proper Muslims. All other rights and responsibilities are to be decided between the husband and wife, and may even be included as stipulations in the marriage contract before the marriage actually takes place, so long as they do not go against the minimum requirements of the marriage.
In Sunni Islam marriage must take place in the presence of at least two reliable witnesses, with the consent of the guardian of the bride and the consent of both the bride and the groom. Following the marriage, the couple may consummate the marriage. To create a religious contract between them, it is sufficient that a man and a woman indicate an intention to marry each other and recite the requisite words in front of a suitable Muslim, nowadays priest will be asked to officiate. The wedding party usually follows but can be held days, or months later, whenever the couple and their families want to, however there can be no concealment of the marriage as it is regarded as public notification due to the requirement of witnesses.
In Shia Islam, marriage may take place without the presence of witnesses as is often the case in temporary mutta marriage (prohibited in Sunni Islam), but with the consent of both the bride and the groom. Following the marriage they may consummate their marriage.

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