Marriage

Question 1

Can a zani marry?

Answer 1

If he repents, yes. If not, the marriage is invalid.

Question 2

What should 2 zanis do before marriage?

Answer 2

The Standing Committee stated that they must wait until the woman has her menstrual cycle, even if its after she gives birth.

Question 3

Consequences of marriage?

Answer 3

IslamQA states:
1) intimacy is permitted
2) dowry is obligatory
3) spending on wife is obligatory
4) children are attributed to husband
5) rights of inheritance
6) in-laws become mahrams

Question 4

Conditions of marriage?

Answer 4

Offer and acceptance between wali and upcoming-husband in front of 2 witnesses

Question 5

When does the dowry become obligatory in-full?

Answer 5

After consummation, or after seclusion, or if husband died before either of the 2.

Question 6

When does the dowry become obligatory in half?

Answer 6

If the husband divorces the wife before consummation/seclusion.

Question 7

What if a dowry wasn’t stated before marriage?

Answer 7

After consummation/seclusion/husbands death, he must give her what her peers (sisters/cousins) usually receive as dowry.

Question 8

When does maintenance for the wife become obligatory?

Answer 8

When she makes herself available to him for intimacy and guardianship.

Question 9

When do the children become attributed to the husband?

Answer 9

After consummation/seclusion

Question 10

When is inheritance established between spouses?

Answer 10

Immediately, no need for consummation/seclusion

Question 11

Can a man marry a non-Muslim?

Answer 11

He can marry a Christian/Jew on the condition that she is chaste and that he has guardianship over her and his children.

Question 12

Can a muslim marry a non-Muslim in a country that may prevent him from establishing guardianship?

Answer 12

Not permissible to marry

Question 13

Who should be the wali of a non-Muslim Christian/Jew for marriage? What if there is no wali?

Answer 13

The father, if he is upon the same religion as her. He cannot be Muslim. Without a wali, a muslim authority is sufficient.

Question 14

What is the order of walis for marriage?

Answer 14

Father, father’s father, her son, her son’s son, her full brother, then brother through father only, brother’s sons, father’s paternal uncles, then the ruler.

Question 15

Can a wali reject a proposal?

Answer 15

If the man is of good religion and character, he cannot reject, otherwise a different wali is chosen

Question 16

What hadith proves the condition of a wali?

Answer 16

عن أبي موسى الأشعري أن النبي صلى الله عليه وسلم قال: لا نكاح إلا بولي

Question 17

What madhhab doesn’t require a wali for marriage. What if a person marries according to this madhhab

Answer 17

Abu Hanifa.
Whoever marries via a court and judge, the marriage is valid and cannot be annulled, regardless of madhhab.

Question 18

What are the conditions of being a wali?

Answer 18

Must be on same religion as woman.

Question 19

Conditions of being a witness to marriage? What hadith proves this?

Answer 19

2 men of good character
Hadith classed as sahih by al-albani: there is no marriage except by a wali and two witnesses of good character.

Question 20

When should the witnessing be for marriage?

Answer 20

Most scholars say it should be at time of marriage, but Imam Malik said it could be done just before consummation.

Question 21

When might there not be a need for witnesses?

Answer 21

Ibn Taymiyyah said that undoubtably, there is no need for witnesses if the marriage is publically announced.

Question 22

Who is the proxy for the wali of marriage?

Answer 22

The proxy is to be chosen by the wali, not the woman, otherwise the marriage is invalid according to all madhhabs excepts hanafis.

Question 23

What if the wali is far away or his location is unknown, or if there is no wali available?

Answer 23

If he is far, he can choose a proxy. If his location us unknown, the next wali is chosen. If there is no wali, a judge is appointed, then an imam or someone of authority, then any righteous man.

Question 24

What is the ruling on using an imam when a judge was available?

Answer 24

This is incorrect but the marriage is valid.

Question 25

Can more conditions be added to the contract before the marriage?

Answer 25

Yes if it doesn’t oppose the sharia. As for the condition of the man not taking a second wife, the scholars differed as to whether this is permissible.

Question 26

What happens if a spouse breaks a condition of the contract?

Answer 26

The spouse who’s condition was violated, has the choice to annul the marriage, or they can be patient.

Question 27

If a condition is breached, how long does the spouse have the right to annul the marriage?

Answer 27

Until it becomes clear that they have accepted the breach of condition.

Question 28

Ruling on marriage via phone?

Answer 28

Standing Committee issues fatwa that this is permissible if the parties are clearly identified and conditions are met.

Question 29

What information must be shared between spouses before marriage?

Answer 29

Ibn Qayyim said that any fault which puts one spouse off the other or undermine the objectives of marriage, such as affection, the option to annul the marriage is given. IslamQA said that these matters must be revealed before the marriage.

Question 30

Who gives the proposal and what is it?

Answer 30

Either party. It indicates what one wants regarding a contract.

Question 31

Can a marriage be repeated?

Answer 31

Yes but no new conditions can be added.

Question 32

Must a marriage be documented?

Answer 32

IslamQA holds the opinion that its obligatory to protect peoples rights.