Marriage Flashcards
Can a zani marry?
If he repents, yes. If not, the marriage is invalid.
What should 2 zanis do before marriage?
The Standing Committee stated that they must wait until the woman has her menstrual cycle, even if its after she gives birth.
Consequences of marriage?
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
Conditions of marriage?
Offer and acceptance between wali and upcoming-husband in front of 2 witnesses
When does the dowry become obligatory in-full?
After consummation, or after seclusion, or if husband died before either of the 2.
When does the dowry become obligatory in half?
If the husband divorces the wife before consummation/seclusion.
What if a dowry wasn’t stated before marriage?
After consummation/seclusion/husbands death, he must give her what her peers (sisters/cousins) usually receive as dowry.
When does maintenance for the wife become obligatory?
When she makes herself available to him for intimacy and guardianship.
When do the children become attributed to the husband?
After consummation/seclusion
When is inheritance established between spouses?
Immediately, no need for consummation/seclusion
Can a man marry a non-Muslim?
He can marry a Christian/Jew on the condition that she is chaste and that he has guardianship over her and his children.
Can a muslim marry a non-Muslim in a country that may prevent him from establishing guardianship?
Not permissible to marry
Who should be the wali of a non-Muslim Christian/Jew for marriage? What if there is no wali?
The father, if he is upon the same religion as her. He cannot be Muslim. Without a wali, a muslim authority is sufficient.
What is the order of walis for marriage?
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.
Can a wali reject a proposal?
If the man is of good religion and character, he cannot reject, otherwise a different wali is chosen
What hadith proves the condition of a wali?
عن أبي موسى الأشعري أن النبي صلى الله عليه وسلم قال: لا نكاح إلا بولي
What madhhab doesn’t require a wali for marriage. What if a person marries according to this madhhab
Abu Hanifa.
Whoever marries via a court and judge, the marriage is valid and cannot be annulled, regardless of madhhab.
What are the conditions of being a wali?
Must be on same religion as woman.
Conditions of being a witness to marriage? What hadith proves this?
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.
When should the witnessing be for marriage?
Most scholars say it should be at time of marriage, but Imam Malik said it could be done just before consummation.
When might there not be a need for witnesses?
Ibn Taymiyyah said that undoubtably, there is no need for witnesses if the marriage is publically announced.
Who is the proxy for the wali of marriage?
The proxy is to be chosen by the wali, not the woman, otherwise the marriage is invalid according to all madhhabs excepts hanafis.
What if the wali is far away or his location is unknown, or if there is no wali available?
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.
What is the ruling on using an imam when a judge was available?
This is incorrect but the marriage is valid.
