Marrige and its Objectives In Islam

MARRIAGE IN ISLAM

The arabic word Nikah (marriage ) literally means the Union of the Sexes and in Law this means “marriage”

In Baille;s Digest:

Marriage has been defined to be “ a contract for the purpose of legalising sexual intercourse, and Procreation of Children”

In Hedaya it is defined as:

“Marriage is alegal process by which the sexual intercourse and procreation and legitimation of children man and woman is perfectly lawful and valid.”

Ashabag says:

“ Marriage is a Contract underlying a permanent relationship, based on mutual consent on the part of man and woman.”

Dr. Jang is of opinion that:

“ Marriage though essentially a contract is also a devotional act: Its object are rights of enjoyment and procreation of children and regulation of social life in interest of society”

The Prophet of Islam is reported   to have said:

“ Marriage is my Sunna and those who do not follow this way of life are not my followers”.

“ There is no Monkery in Islam”

There is Consensus of Mohammedan Jurists that marriage is Sunnut Muwakkida.

Mahmood.J ., in Abdul Kadir Vs. Salima, AIR 1938 Cal 71, says:

“ Marriage is Civil Contract, upon the completion of which, by proposal and acceptance, all the rights and obligations, which it creates, arise immediately and simultaneously”

Fyazee remarks:

“ Among the Arabs Nikah,  marriage is a wide term, Comprising many different forms of sex relationship, but in Mohammedan Law it has a very definite legal meaning. It is a contractfor the legalization of intercourse and the pocreation of children.

It has already defined in Abdul Kadir Vs. salima case:

It is essentially an agreement between the parties that is a Civil Contract.

OBJECT OF MARRIAGE:

The basic objectives of marriage in Islam are, first, securing a comfortable atmosphere for a husband and wife and, second, producing a new generation of healthy, faithful and virtuous children. With regard to the first objective, the Holy Quran says: "One of His signs is that He created for you spouses of your own species, so that you might find comfort with them. And He put mutual love and affection in your hearts. Surely in this there are lessons for the thinking people" (30:21)
A Muslim husband and wife who follow the teachings of the Holy Quran should always be a source of comfort for each other. Their relationship should reach far above that of mere sexual enjoyment and should reach the stage of cordial friendship accompanied by mutual benevolence.
With regard to the second objective, the Holy Quran says: "He is the Creator of the heavens and the each. He has given you partners from among yourselves and, similarly, made the cattle also males and females. That is how he multiplies you. Nothing can be compared to Him, He is the All-hearing, the All-seeing." (43:11)
Fyzee says “ the objects therefore are the promotion of a normal family life and the legalization of children”
Objects of the Mohammedan Marriage:
1.       Legalisation of Sexual intercourse for the purpose of enjoyment.
2.       Procreation and legitimation of children for the purpose of-
          i. Preservation of human race
          ii. Systematisation of domestic and social life.
3.       The restraint of sexual passion,
4. the ordering of domestic life,
5. the increase of the family
6. The discipline of the same in the care and respectability of wife and children and
7. the upbringing of virtuous children.
Hedaya speaks of the ends of Marriage

i.              Cohabitation

ii.             Society

iii.            Equal Friendship

The prophet said “ Men marry women for their piety , or their property, or their beauty, but you should marry for Piety.” (Tarmizi)
Marriage:

Islamic Marriages refers to all marriages that have been contracted between a Muslim male and Muslim female immaterial of their races and ages, and have been witnessed by at least two males or a male and two females. Generally, the marriage is solemnized by a Muslim male and it is immaterial whether the person who solemnizes the marriage is considered a qualified scholar of Islamic Law, has any form of qualification from any Islamic Institute or whether he sufficiently knew and understood the Islamic format of executing a marriage. 

Requirements for a valid Islamic marital contract

The requirements of having at least two males or a male and two females as witnesses who simultaneously witness the marriage solemnization is essential to the validity of the Islamic marital contract, and in the case where both the "husband to be" and "wife to be" are present before the person solemnizing the marriage, the person solemnizing the marriage cannot act as the male witness as well due to a Athar (narration) of Ibn Abbaas.

Generally, since the Islamic marriage is preferably solemnized in the Masjid, while the female spouse  preferably remains at another place or residence, a person is nominated to act as her representative while two  persons act as witnesses to that representation. Thus, in the case of a marriage in the Masjid or any other venue where the "female spouse to be" is absent, the representative of the bride who would transmit her consent to the marriage as well as two witnesses to the representation, and two other witnesses to the solemnization of the marriage are a minimum requirement. The requirement of two witnesses to the representation is a Hanafi ruling. The same Athar (narration) of Ibn Abbaas neither requires two witnesses to the representation in the case of the person who, as a guardian, gets his female, for who he acts as guardian, married.

Due to juridical differences among the Fuqaha (Islamic jurists), we could say that where jurists of any Mazhab specify the existence of a Wali (guardian) to be a condition for the validity of the contract, then such a condition will be enforceable for the validity of the marital contract within that mazhab (Islamic legal school).

Although, in terms of Hanafi fiqh, the need for specifying a dowry is essential at the instance of the marriage, failure to consider it would not render the marriage as invalid and the dowry would then be subject to mutual agreement by the parties or other rulings related to a "dowry equivalent of the female status" as prescribed in Hanafi law.

Bigamy and polygamy in Islam

Also, the Islamic marriage, whether it be the first marriage of the male or whether it is after another existing marriage in conformity to Islamic Law, would be recognized within the plural marriage limitation of four female spouses as allowed by Islam.

Bigamy and polygamy is allowed in Islam and the marital contract of such marriages would be executed and valid immaterial of any civil provisions that prevent the same and immaterial whether such forms of legislature are enacted within Muslim or Arab States. The law of Allah reigns supreme in Islam and is held by a Muslim to be the final authority. 

The absence of the Islamic legal obligation to have a written, printed or typed record of the marital contract

The Islamic marriage is considered valid immaterial whether it is recorded in any written format, computer word processing, dbase or otherwise in any form of register or whether it is purely solemnized verbally without any written documentation. However, the need for a written record with essential personal identification is a legal expedient necessity and an obligation that needs compliance for civil records and to protect the marital rights and obligations of both spouses.