Ahkam in Brief - Marriage (Permanent & Temporary)

How can a marriage be conducted in Islam? What are the prerequisites, responsibilities and duties in a marriage? And what is a temporary marriage and how does it differ from the permanent marriage? Watch this clip to find out the answers.

Ahkam in Brief. The laws of marriage.

Islam, like other heavenly religions, has arranged the relationship between man and woman. So marriage has been legislated, and in order to protect the individual rights and to keep the family and society healthy, rules have been set for it. In this episode, we will talk about the rights, the responsibilities and duties and how a marriage can be conducted in Islam.

We will begin with marriage.

If a man and woman want to marry and they both are Muslim, sane and have reached puberty, what should they do?

Firstly, it is compulsory on the woman that was not married before, to take permission from her father or paternal grandfather. So without the permission of the father or the paternal grandfather, if they are alive, the contract is not valid.

A question does this happen? Even if she is not dependent on her family and runs her own affairs, some of the jurists advise precaution in this matter and say even if she is independent and she is the one that manages her affairs, it is compulsory on her to take permission for that. Check this specific issue with the jurist to follow.

But a woman who is a divorcee or a widow that has had physical intimacy with her husband is allowed to be married without seeking the permission of her father. But from the side of the man, it is good to seek the consent of his father out of kindness towards parents.

The second point: before marriage, there should be an agreement of rights and responsibilities in the marital life. Islam has provided rules for marital relations, clarifying the obligations for a couple. Many Muslims accept these rules the way they are, but both have freedom to rearrange some of the rights and duties and add some new points.

Let's review together some of the most important points. Number one, the husband is obliged to give the mahr to the wife as per her request. The husband is obliged to provide his wife with food, clothing and housing in conformity with her social status and dignity. There should be a natural physical intimacy between them at least once every four months. For more details on this issue, refer to the books of Islamic law.

Now, some of the wife's duties: that she allows the husband to have physical intimacy and she does not leave the house without his permission. As we mentioned, the couple have the right to agree on conditions that suit them in their marriage contract. So it is possible, for example, for a woman to add a point and to take the right of divorce for herself or to be paid for the housework. Similarly, a man can stipulate that she will be responsible for raising the children or fulfilling the household chores like cooking, etc.. What's important that these conditions should not oppose the law and they should be discussed before conducting the marriage. If they don't discuss any changes in the default, Islamic law will be enacted.

Now a question. What is mahr? It's one of the fixed rights of a woman. It is something valuable, like money or property that the husband gives to the wife or the marriage. It is recommended to follow the tradition of the prophet and marriage, which is 500 dirhams of silver. Without specifying the mahr. The permanent marriage is still valid, but the mahr right stays for the wife. For more information, refer to your islamic laws book.

How to conduct a marriage? It's very simple and does not need a witness or a third person. What is compulsory in a marriage contract is the proposal that is the woman offfers the marriage, and then the man accepts. This proposal and acceptance should be recited in Arabic if possible. As an example, let's conduct a marriage. A woman says to the man: "zawajtuka nafsi alal mahr al ma'loom wa shurut al-ma'looma", which means: "I offer myself in marriage to you for the specific mahr on the specific conditions". And the man says: "qabiltu", which means "I accept it". And according to some jurist's the other way is also allowed. This means the man will say: "Atazawajuki alal mahr al ma'loom wa shurut al-ma'looma", I marry you for the specified mahr, and the woman says: "qabiltu". They are also allowed to appoint a scholar or someone to recite and conduct it on their behalf. Good.

What we have mentioned was permanent marriage. But there is another kind of marriage known as temporary marriage. What is it?

Temporary marriage is limited to a fixed time and it ends automatically after the expiration of the time agreed upon in the marriage.

The temporary marriage has similar conditions as the permanent one like that the woman should seek the permission from her father or paternal grandfather, etc. But they are different in some issues. Let's review them together.

In the temporary marriage, number one: it is compulsory to specify the duration. If the time is not specified, the contract is void. Some jurists say if the duration is not specified, the marriage remains valid, but it will become permanent.

Number two, it is compulsory to specify the mahr, and if it is not specified, the marriage is invalid.

Number three, the man doesn't have to cover the wife's living costs, but the wife can stipulate this right in the marriage contract.

Number four, there is no inheritance between the couple if one of them dies.

Number five, according to some jurists, a Muslim man who has a permanent wife is not allowed to get married temporarily with the woman of Ahlul Kitab or the people of the book.

DISCLAIMER: The content of this clip is based on the fatawa of the Grand Ayatullah Al-Sistani and is presented in a simplified form. Therefore, for the exact definition and explanation, please refer to the original sources or ask someone authorised to answer.