Fiqh Munakahah

Question 1

What are the pillars of marriage?

Answer 1

1. The groom
2. The bride
3. Ijab & Qabul
4. At least 2 witnesses
5. Wali

Question 2

What is Mahar?

Answer 2

Dowry

Question 3

What is the purpose of Mahar?

Answer 3

A gift from the husband for the wife.

Question 4

Dowry according to Wahbah al-Zuḥaily:

Answer 4

property which becomes the right of a wife due to the occurrence of a contract or intercourse in real life

Question 5

An-Nisa verse 4:

Answer 5

And give the women [upon marriage] their [bridal] gifts graciously.

Question 6

Alternative for dowry when you dont have anything:

Answer 6

An iron ring.

Question 7

what surah and verse is POLYGAMY mentioned in?

Answer 7

Surah AN-Nisa verse 3.

Question 8

An-Nisa verse 3 translation:

Answer 8

Then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one or those your right hand possesses.

Question 9

what does TALAQ(Divorce) mean according to Sayyid Sabiq in his book Fiqh al-Sunnah?

Answer 9

breaking the bond marriage and ending the marital relationship.

Question 10

Why is Talaq given to men instead of women?

Answer 10

Women have very delicate feelings, so it is feared will easily to drop a divorce when carried away by feeling,

Question 11

Types of Talaq:

Answer 11

1. Talaq Raj’ie
2. Talaq Bain(Sughra & Kubra)

Question 12

Talaq Raji’e:

Answer 12

The divorce in which:
- husband can return to his wife(while in the period of ‘iddah)
- without performing a new marriage

Question 13

Talaq Bain:

Answer 13

The divorce in which:
- husband cannot return to his wife without performing a new marriage

Question 14

Khuluq

Answer 14

• divorce claim
• payment made by the wife to the husband

Question 15

which surah mentions about khuluq?

Answer 15

Surah Al-Baqarah verse 229

Question 16

what are the divorces under Talaq Sughra?

Answer 16

1.Khuluq
2. Fasakh
3. ila’

Question 17

Fasakh is:

Answer 17

• Dissolve of marriage contract back to original where there is no bond or relationship.
• Usually done in court with consent between husband-wife

Question 18

ila’ is:

Answer 18

• when husband swears to did not hve intercourse with wife, absolutely or more than 4 months

Question 19

how does LI’AN occur?

Answer 19

1. husband accuses wife of adultery w/o being able to present 4 witnesses
   2.husband denies the child in the womb of his wife as his own

Question 20

LI’AN implication ?

Answer 20

The relationship between husband and wife is over and cannot be together again forever after Li’an.

Question 21

LI’AN implication cont’d:

Answer 21

differed on when the actual time of the end of the marital status:
Maliki - After finishing Li’an swearing by husband and wife.
Syafi’e - After Li’an swearing by a husband.
Hanafi & Hanbali - Marital status is determined by a court judge.

Question 22

what is ZIHAR?

Answer 22

is one form of divorcing by equating a wife or certain parts of her body thats forbidden to see, such as the back, abdomen, and thighs. with a woman who is illegally married forever.

Question 23

what is Iddah?

Answer 23

a period which a woman has to wait and cannot marry after:
- the death of her husband or
- the occurrence of divorce.

Question 24

Ruju’ meaning linguistically:

Answer 24

back

Question 25

Ruju’ terminologically:

Answer 25

Hanafiyah - continuing the relationship of the husband wife at the time of iddah talak raji’e.
Malikiyah - return the wife was divorced into a marriage bond without a new covenant.
Shafi’iyah - returning his divorced wife who is not a talaq bain to marriage while still in iddah.
Hanabilah - return a divorced woman with talaq which is not a talaq bain to a state of reinstatement without a contract.

Question 26

Method of Ruju’ according to Hanafiyah & some of Hanabilah:

Answer 26

Done by word or deed without intention.

Question 27

Method of Ruju’ according to Malikiyah:

Answer 27

Done by word or deed with intention.

Question 28

Method of Ruju’ according to Syafi’iyah and some of Hanabilah:

Answer 28

Done by word. HARAM if there is no clear word of ruju’