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Unlike the marriages of other communities, the Muslim marriage is not a sacrament. Instead, it’s a legal contract made between a man and woman in the presence of witnesses. It is also strictly bound by Islamic law.
The father or guardian of the bride-to-be approaches the family of the chosen groom, to make the offer of marriage. The Muslim marriage is drawn up as a contract. The elders of the family agree upon a fixed sum of money, a dower, which the groom is to pay the bride. The father or guardian of the bride then approach the groom’s family to obtain his consent. This is obtained in the presence of two witnesses. The witnesses may need to appear in court to confirm the marriage’s existence. Since the court would be an Islamic court, these witnesses need to be Muslim.
The bride may not be present when the agreement is drawn up. Her father or guardian would approach her, and in the presence of witnesses, obtain her consent for the marriage to take place. Once this is done, the marriage is considered binding.
A Muslim marriage is arranged with the objective of being a permanent contract, but it may terminated at any time by the husband or wife via divorce.
In general, Muslim marriages are of two types: Nikah and Nikah Mut’ah. The Nikah is the common form of marriage. The Nikah Mut’ah is much debated as to whether it is legal in Islam. Sunnis believe it was forbidden by Muhammed, while Shias believe it was Umar who had forbidden it. If it was indeed Umar who had forbidden it, the ban could be ignored as he had no authority to do so.
In Nikah:
• The marriage is considered permanent, but may be terminated at any time by either the husband or wife via divorce.
• The husband provides for the wife.
• The couple inherit from each other.
• A legal contract is signed between the bride and groom.
In Nikah Mut’ah:
• The marriage has a time limit.
• The husband does not have to provide for the wife.
• The wife may leave her home whenever she wishes.
• The couple do not inherit from each other.
• There is no limit placed on the number of wives the man can take (which according to the Qur’an is four).
• If the marriage is cancelled, the woman must not marry for four months in case she became pregnant before the divorce took place.
The Muslim marriage takes the highest prominence in Islam, as being central to starting a family. Although the ceremonies by which it takes place may vary depending on the country or upbringing, the Islamic laws that govern it remain the same. If upheld and treated as a sacred ritual, it can bring joy to both the families concerned.
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