And if he does not provide the same, regardless of whether he is able to provide them or not, he remains indebted to the wife. A significant part of the non-Islamic world might see Shias and Sunnis as pretty much the equivalent. The First answer: Since a Muslim woman can only marry a Muslim man, we should define “Muslim” first. After the marriage ends, the woman is paid a mahr or dowry. These men were grooming vulnerable girls and … Doubt After the Time of Salat has passed, Sajdatus Sahv (Sajdah for Forgotten Acts), Qadha of the Forgotten Sajdah and Tashahhud, Addition and Omission of the Acts and Condition of Prayers, Qadha Prayers of a Father is Obligatory on the Eldest Son, Qualification of an Imam of Congregational Prayers, Things which are Makrooh in Congregational Prayers, IV. Be that as it may, these are two unmistakable sects of Muslims and ought not to be mistaken for one another. It is also permissible that a man may himself become the representative of a woman and contract permanent or temporary marriage with her. But if she once agrees to have sexual intercourse before taking Mahr, and her husband has sexual intercourse with her, then she cannot prevent him afterwards from having sexual intercourse without a justifiable excuse. and other expenses, which are necessary for a journey, will be borne by the wife, except when the husband is himself inclined to take her along with him on a journey, in which case he will bear her expenses also. Nikah Halala Issue 2388: * If the father or the paternal grandfather contracts a marriage on behalf of his na-baligh son, they should pay the Mahr if the boy does not own any means, or if either of them undertakes to pay the Mahr himself. And if the man and the woman cannot pronounce the formula in correct Arabic, they can pronounce the Nikah in any other language, and it is not necessary to appoint any representatives. Muta marriage is the fourth kind of marriage that occurs only in Shia Muslims and not Sunni sect of Muslims. Issue 2418: * If a man does not perform Tawafun Nisa (which is one of the acts to be performed during Hajj and Umrah Mufradah) his wife and other women become haraam for him. Nikah Halala. RULES: 1. Each has a unique set of customs, traditions and even ceremonies. Mut’ah is a controversial concept among Shiites. Register with us today and get in touch with people who might just fit the bill. That is, he is the person who believes in and accepts the orders such as salat (prayer), zakat (obligatory alms), hajj … The parties acquire the status of husband and wife due to which sexual intercourse between them becomes legal. Under Islam, the consent of the bride is required to become a second, third, or fourth wife. In Shia jurisprudence, the contract defines a temporary marriage, nikāḥ mut'ah. You cannot have Muta’h contract with a woman from ahle-kitab (People of the Book) unless your Muslim wife agrees with it. This marriage is not followed in Sunni Muslims which consider marriage to be a permanent union and not a temporary affair. Issue 2382: If Nikah of a woman is pronounced to a man without her consent, but later both man and woman endorse the Nikah, the marriage is in order. This concept of marriage was recognized in Muslim personal law by the Shia sect and is called Muta marriage. The way that a Shia and Sunni marriage is solemnized differs greatly. Issue 2372: * Whether marriage is permanent or temporary, the formal formula must be pronounced; mere tacit approval and consent, or written agreement, is not sufficient. You MUST be a Shia Muslim and at least 18 years of age to register. A Shia of the male sex may contract a muta marriage with a woman professing the Muslim, Christian or Jewish religion, or even with a woman who is a fire-worshiper, but not with a woman following any other religion. Hardly any marriage comes free of emergent concerns and issues, and it would be immature to think that it would be smooth-sailing. I was told that behind closed doors many of these clerics were using and abusing Sharia marriage laws to exploit women for profit. Email us at: SidnDina@gmail.com***Because of some idiots in the comments.. 5. There is a Sunni girl that I know who really likes a Shia boy, and he likes her too. On account of a Shia wedding, there is an exceptional shower related function that the lady of the hour and husband to partake in. 4. Permanent Marriage means the marriage in which there is no fixed time. NIKAH – MARRIAGE RULES IN ISLAM – ISLAMIC MARRIAGE It is a woman’s right and it signifies a husband’s love and appreciation for his wife. But if he marries his nieces without his wife's permission, and she later consents to the marriage, it will be in order. In fact, he should start paying her maintenance before becoming baligh, when he is able to consummate the marriage. But if he commits sexual intercourse with her, she will not be haraam for him when she becomes baligh, even if she may have suffered Ifza (which has been described in rule 2389), though as a precaution, he should divorce her. So when my mum got married to my dad she was already slightly familiar with the Shia sect and our rituals. Shia marriage rules Headland മുനന്പ്; നിലത്തില്‍ ഉഴാത്ത ഭാഗം; മുനമ്പ്‌ Hazelly And if the representatives of the man and the woman pronounce the Nikah, their intention by saying: 'Zawwajtu' and 'Qablitu' should be that the man and the woman who have appointed them as their representatives, have effectively become husband and wife. (iii) If he suffers from a disease which disables him from sexual intercourse, even if that disease was contracted after the Nikah, or before or after the sexual intercourse. So, marriages which are merely irregular under Sunni law will be treated as void under Shia law. Similarly, a marriage with the wife of another or a divorced wife during iddah period is also void. Commentary: When the husband proceeds with the divorce, according to verse 2:228, he has an option to reconcile his marriage with his wife while she is in her waiting period. Muta marriage is a temporary marriage between a Shia Muslim man and a woman of Islam, Jew or Christian religion for a fixed period of time and in return of the payment of a fixed amount of dower at the time of divorce. Required fields are marked *. A marriage forbidden by the rules of blood relationship, affinity or fosterage is void. At the end of this form, you will have to check a box to testify by the Quran that all information you entered was true and accurate to the best of your knowledge. Due to these differences, Sunni and Shia Alims or religious scholars do not encourage such marriages in which one of the spouses is either Shia or Sunni. Is marriage between Shia and Sunni is permissible in Islam? And if she knew that it was haraam to marry in the state of Ehram, as an obligatory precaution, she should not marry that man thereafter. Muta Marriage-While marriage under Muslim law is mainly classified based on its validity, the Shia law recognizes another kind of marriage called Muta marriage. The spouse you were living with at the beginning of a month is your spouse for SSI purposes, regardless of changes later in the month. Issue 2385: * If a girl has reached the age of bulugh and is virgin and mature (i.e. Issue 2394: If a man marries a woman, then her mother, her maternal grandmother, her paternal grandmother and all the women as the line ascends are his Mahram, even if he may not have had sexual intercourse with the wife. Issue 2379: * There are certain conditions for the Nikah recited for marriage. Husband is authorized to end this process in between by saying, I forgo the commitment. Issue 2416: If a person who is in the state of Ehram (which is one of the acts to be performed during Hajj) marries a woman, the Nikah is void, and if he knew that it was haraam for him to marry in the state of Ehram, he cannot marry that woman again. Dear Brother / Sister, The First answer: Since a Muslim woman can only marry a Muslim man, we should define “Muslim” first. A valid marriage gives rise to the following legal implications: 1. (iv) If they are not in a capacity to give their consent, like in the case of mental illness etc. Owing to the glaring distinction between the ceremonies and traditions of these sects, there are very less intersect marriages, i.e. Another remarkable contrast between a Shia and Sunni wedding is that in a Shia nikah function, an aggregate of six stanzas must be conveyed openly. If a woman is known as a lewd person, it will not be permissible to marry her till she has genuinely repented, and similarly, it is not permissible to marry a man known for his lustful character, till he has genuinely repented. The fatwas. The Sunni and the Shia sect of Muslims have their separate traditions and beliefs and are regulated by those beliefs. © Ahlul Bayt Digital Islamic Library Project 1995-2021. When all the legal requirements are fulfilled and there are no prohibitions affecting the parties, then the marriage is correct or ‘sahih’. Issue 2404: * If a person marries his paternal or maternal aunt's daughter, and after having consummated the marriage, commits incest with her mother, this act will not become the cause of their separation. And, on the basis of recommended precaution, it is necessary that the words uttered by the man should conform with those uttered by the woman; for example, if the woman says: Zawwajituka ...... (i.e. Can a Shia boy marry a Sunni girl, according to the Sharia laws? Most controversially, Article 132 specifies that Shia women are required to sexually submit to their husband's demands, and are expected to have intercourse with their husband at least once every four days except in case of illness, in what has been described as spousal rape. In India, marriage is regulated by the personal status laws applicable to the persons concerned. A marriage which fulfils all the prescribed conditions of a valid marriage, which are detailed above, is considered to be valid. There are two kinds of marriages: In a permanent marriage, the period of matrimony is not fixed, and it isforever. 3. Issue 2398: The husband's father and grandfather, however high, are the wife's Mahram. Issue 2399: If a man marries a woman (whether the marriage be permanent or temporary) he cannot marry her sister, as long as she is his wife. It is not necessary for him to know the exact meaning of each word, or to know the laws of Arabic grammar. Requirement of witnesses: two (2) witnesses from both sides; Permission from Wali: Sunni: Compulsory (Maliki, Shafi'i, Hanbali) or Strongly recommended ; Shia: Depending on the scholar, it is either obligatory or obligatory based on precaution. (vi) Presence of flesh or a bone in the woman's uterus, which may or may not obstruct sexual intercourse or pregnancy. The time period and the dower must be informed and accepted by the bride as well. This marriage can last only a few days and is typically defined by a contract between parties. (iii) If she learns that he suffered at the time of Nikah from leprosy or leucoderma. Issue 2415: * If a person marries the mother or sister of a boy, and commits sodomy with the boy after the marriage, as a precaution, they will become haraam for him. This article examines marriage practices among displaced Iraqi Shia migrants in the UK. However, the period fixed for the marriage should not exceed the span of normal lives of the spouses, because in that case, the marriage will be treated as a permanent one. But, if she marries another man, subject to the conditions which will be mentioned under the rules pertaining to 'divorce', her first husband can marry her again after her second husband dies, or divorces her, and she completes the period of Iddah. But if the marriage was consummated, he should pay her full Mahr. Issue 2423: Man has no right to compel his wife to render household services. Issue 2375: If a woman appoints a person as her representative so that he may, for example, contract her marriage with a man for ten days, but does not specify the day from which the period of ten days would commence, the representative can contract her marriage with that man for ten days from any day he likes. It very well may be done within the sight of just the spouse and the wife. You will need to follow the instructions in that message in order to gain full access to the site. Learn how your comment data is processed. Enter valid first name and last name with at least one space. DUPLICATE PROFILES ARE NOT ALLOWED AND WILL BE REMOVED! The meaning of revocable divorce and irrevocable divorce, and Iddah of temporary marriage, and Iddah of death, will be explained under the rules relating to 'Divorce'. Muslim Law – Case Laws, Notes And Study Material, Definition, Nature and Scope of Muslim Marriage, Essential Conditions for Muslim Marriage in India, Islamic Rules of Intestate Succession | Explained, Doctrine of Radd and Aul: Explanation and Difference, The Hammersmith Ghost Case | R. Nirmmita Mano and Mirudhula A, National Poster Making Competition | School of Legal Studies, BBDU [Submit by 12 Feb], Legal Zems 2nd National Virtual Moot Court Competition 2021 [Register by 17 Feb], HNLU Press Panel Discussion: Role of Youth in Public Policy and Governance | January 12, Webinar: Role of Intellectual Property Appellate Board (IPAB) in Mitigation of Patents Litigation | CIRF in IPHD, CNLU. Nikah halala is a practice which was invented and has no religious background to it. In a fixed time marriage (Mut'ah), the period of matrimony is fixed, for example, matrimonial relation is contracted with a woman for an hour, or a day, or a month, or a year, or more. In a fatwa gave on April 10, 2006, the foundation allowed relationships in which the lady gives up a home, monetary help, and her part [in joint life] with her significant other, or part of it, and agrees to the man’s going to her home at whatever point he needs, day or night. This function generally happens before the real wedding. Issue 2380: If, while reciting the Nikah, even one word is pronounced incorrectly, as a result of which its meaning is changed, the marriage contract would be void. And the same law applies when the person on whom sodomy is committed is an adult male, or when the person committing sodomy is na-baligh. Only a few studies have examined this group and fewer by investigating their marriage practices as a way to preserve their religious and cultural memory (Halbwachs 1992). Issue 2390: * In the following situations, if a wife refuses to continue with the matrimony and wishes to dissolve the marriage, then as a matter of precaution, the husband or his guardian will solemnise the divorce: (i) If she comes to know after the Nikah, that the husband was insane at the time of Nikah; or if he becomes insane after the Nikah, before or after consummation of the marriage. Doubts About an Act Whose Time of Performance has Passed, III. This marriage is not followed in Sunni Muslims which consider marriage to be a permanent union and not a temporary affair. And the formula (Sigha) of the marriage contract is pronounced either by the man and the woman themselves, or by a person who is appointed by them as their representatives to recite it on their behalf. I have made myself your wife) the man should also say: Qabituttazwija ......(i.e. Also she should submit herself to his sexual desires, and should not prevent him from having sexual intercourse with her, without justifiable excuse. Those who believe in Mut'ah acknowledge it is only for temporary physical relief, rather than love. On the other hand, for over 10 years, the concept of pleasure marriage, called misyar marriage, has come in vogue and is of extreme relevance in any Muslim marriage, especially in Saudi Arabia and the other Gulf nations. However, since the main source of law for both the sects is the Holy Quran, there are several similarities between the laws of the two sects. Muta Marriage or Temporary Marriage. And in such case, if the husband has sexual intercourse with the wife, he should pay her proper Mahr which would be in accordance with the Mahr usually paid to women of her category. Nikah is a marriage contract between a Muslim man … After this time has passed, the marriage consequently reaches a conclusion except if the lady of the hour and man of the hour need to at present stay in the marriage. Most of the Arabian cities such as Abu Dhabi, Dubai, etc. have Shia sect of Muslims. And if it is the Iddah of temporary marriage, the obligatory precaution is that one should not marry his wife's sister during that period. Issue 2424: * The travelling expenses incurred by the wife must be borne by the husband, if they exceed her expenses at home, and if she had travelled with the husband's permission. The way that a Shia and Sunni marriage is solemnized differs greatly. Issue 2376: One person can act as the representative of both sides for reciting the formula of permanent or temporary marriage. Most of the time, these relationships are mystery, without the information on the man’s different spouses – despite the fact that a marriage contract is drawn up within the sight of witnesses, and in spite of the fact that assent is generally acquired from the lady’s gatekeeper, and the marriage is enlisted and archived at the town hall. And if the representative says that he has pronounced the formula, but his assertion does not satisfy the parties concerned, it will not be deemed sufficient. (iv) If the Nikah is pronounced by the representatives or the guardians of the man and the woman, they should identify the man and the woman by uttering their names or making intelligible signs towards them. Zakat Payable on Camel, Cow and Sheep (including Goat), Qualifications of those Entitled to Receive Zakat, Conditions Regarding Commodity and What is Obtained in Exchange, Conditions for Contract by Advance Payment, Sale of Gold and Silver Against Gold and Silver, Circumstances in Which One Has a Right to Cancel a Transaction, Conditions Regarding the Property Given on Lease, Conditions for the Utilisation of the Property Given on Lease, Miscellaneous Rules Relating to Lease/Rent, Rules Regarding Ju'ala (Payment of Reward), Rules Regarding Muzari'ah (Temporary Sharecropping Contract), Persons Who Have No Right of Disposal or Discretion Over Their Own Property, Rules Regarding Hawala (Transferring the debts etc. (v) The woman and the man should be willing to enter into a matrimonial alliance. The main difference is that the temporary marriage longs only for a specified period of time, and man and woman will become stranger to each other after the expiration date without divorce. continues to commit adultery), it will be better that her husband divorces her, though he should pay her Mahr. This arrangement is absent in a Sunni marriage. This sort of fixed time marriage is called Mut'ah or Sigha. Issue 2412: If a married woman commits adultery, she on the basis of precaution, becomes haraam permanently for the adulterer, but does not become haraam for her husband. Issue 2411: * If a person marries a woman knowing that she has a husband, he should get separated from her, and should also not marry her at any time afterwards. Issue 2414: * If a baligh person commits sodomy with a boy , the mother, sister and daughter of the boy become haraam for him. The Al-Islam.org site and the DILP are entirely supported by individual donors and well wishers. Sweat of an Animal Who Persistently Eats Najasat, How a Clean (tahir/pak) Thing Becomes Najis, X. Istibra of an Animal which Eats Najasat, XII. I have made myself your wife for an agreed period and agreed Mahr), and then the man immediately responds thus: Qabiltu (i.e. A separation isn’t required when Shias go into a short-lived marriage understanding. Muslim marriages have gained much attention in public debates and academic research. According to Twelver Shia jurisprudence, preconditions for mut'ah are: The bride must not be married, she must attain the permission of her wali if she has never been married before, she must be Muslim or belong to Ahl al-Kitab (People of the Book), she should be chaste, must not be a known adulterer, and she can only independently do this if she is Islamically a non-virgin or she has no wali (Islamic legal … This concept of marriage was recognized in Muslim personal law by the Shia sect and is called Muta marriage. But a Shia woman may not contract muta marriage with a non-Muslim. Due to business agreements, they were required to travel far places and stay there for several days or even months. Issue 2453: * If the husband makes it a condition before Nikah, that the woman should be a virgin, and it transpires after Nikah that she is not virgin, he can repudiate the marriage. These are two very distinct sects of Muslims and should not be confused with each other. Issue 2397: The paternal and maternal aunt of a man, and the paternal and maternal aunt of his father, and the paternal and maternal aunt of his paternal grandfather, and the paternal and maternal aunt of his mother, and the paternal and maternal aunt of his maternal grandmother, as the line ascends, are all his Mahram. A Shia man who is fanatically committed to the Shia beliefs may not be married to a Sunni woman. Issue 2417: * If a woman who is in the state of Ehram marries a man who is not in the state of Ehram, her Nikah is void. In the Shia temporary marriage, there is no divorce facility, whether once you have accepted the marriage term thus you have lived together till the last date of this timeline. Zakat of Wheat, Barley, Dates and Raisins. Issue 2426: * If a man, for example, has two wives and spends one night with one of them, it is obligatory on him to spend anyone of four nights with the other as well; in situation other than this, it is not obligatory on a man to stay with his wife. This type of divorce is called a revocable divorce within Islamic jurisprudence. And after the children have become baligh or the insane has become sane, he can endorse or abrogate it, if the contracted marriage involves any moral lapse or scandal. But, if the man or the wife annuls the marriage because of one of the other deficiencies enumerated above, and if the marriage has not been consummated, he will not be liable for anything. In other situations, the father or the paternal grandfather can pay Mahr from the boy's wealth, but it should not exceed the proper usual Mahr customarily given in similar cases. Issue 2419: * If a person contracts Nikah with a non-baligh girl, it is haraam to have sexual intercourse before she has completed her nine years. Issue 2407: If a person commits fornication with a woman who is in the Iddah of her revocable divorce, as a precaution that woman becomes haraam for him. This led to the creation of two Muslim sects, the Sunni and the Shia Muslims. It can be done in the presence of only the husband and the wife. Issue 2413: In the case of the woman who has been divorced, or a woman who contracted a temporary marriage and her husband forgoes the remaining period of marriage, or if the period of her temporary marriage ends, if she marries after some time, and then doubts whether at the time of her second marriage, the Iddah of her first husband had ended or not, she should ignore her doubt. My in-laws don’t curse them in my presence, which I appreciate, and my husband doesn’t do it at all. The wife … Mutah is also called pleasure marriage and seems very attractive to those who believe in sexual pleasure. The manner in which a Shia and Sunni marriage are solemnized varies incredibly. Issue 2405: * If a person commits fornication with a woman other than his paternal or maternal aunt, the recommended precaution is that he should not marry her daughter. The woman with whom such a marriage is concluded is called da'ima (i.e. (ii) If she finds out that at the time of Nikah, the husband had been castrated. Comments have been disabled! If any subscribe to notions that belong to … In a Sunni wedding function, it is vital to have two adult consenting males present for the entire length of the ceremony as witnesses. Therefore, the Sheikhs used to marry the women for a temporary period till they were in that town and at the time of leaving, they get divorced and the dower was paid as the consideration for marrying. There are certain sects like Khawarij, Ghulat and Nawasib who claim to be Muslims, but are classified as non-Muslims. To an outsider looking in, … And the same rule will apply, as a precaution, if he did not know that the woman was already married, and had sexual intercourse with her after Nikah.