Fiqh Munakahah Flashcards
What are the pillars of marriage?
- The groom
- The bride
- Ijab & Qabul
- At least 2 witnesses
- Wali
What is Mahar?
Dowry
What is the purpose of Mahar?
A gift from the husband for the wife.
Dowry according to Wahbah al-Zuḥaily:
property which becomes the right of a wife due to the occurrence of a contract or intercourse in real life
An-Nisa verse 4:
And give the women [upon marriage] their [bridal] gifts graciously.
Alternative for dowry when you dont have anything:
An iron ring.
what surah and verse is POLYGAMY mentioned in?
Surah AN-Nisa verse 3.
An-Nisa verse 3 translation:
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.
what does TALAQ(Divorce) mean according to Sayyid Sabiq in his book Fiqh al-Sunnah?
breaking the bond marriage and ending the marital relationship.
Why is Talaq given to men instead of women?
Women have very delicate feelings, so it is feared will easily to drop a divorce when carried away by feeling,
Types of Talaq:
- Talaq Raj’ie
- Talaq Bain(Sughra & Kubra)
Talaq Raji’e:
The divorce in which:
- husband can return to his wife(while in the period of ‘iddah)
- without performing a new marriage
Talaq Bain:
The divorce in which:
- husband cannot return to his wife without performing a new marriage
Khuluq
- divorce claim
- payment made by the wife to the husband
which surah mentions about khuluq?
Surah Al-Baqarah verse 229
what are the divorces under Talaq Sughra?
1.Khuluq
2. Fasakh
3. ila’
Fasakh is:
- Dissolve of marriage contract back to original where there is no bond or relationship.
- Usually done in court with consent between husband-wife
ila’ is:
- when husband swears to did not hve intercourse with wife, absolutely or more than 4 months
how does LI’AN occur?
- 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
LI’AN implication ?
The relationship between husband and wife is over and cannot be together again forever after Li’an.
LI’AN implication cont’d:
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.
what is ZIHAR?
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.
what is Iddah?
a period which a woman has to wait and cannot marry after:
- the death of her husband or
- the occurrence of divorce.
Ruju’ meaning linguistically:
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