Marriage Requirement IFLA MY
Marriage Requirement IFLA MY
Marriage Requirement IFLA MY
MARRIAGE REQUIREMENT
Arkan (pillars) of Marriage
Consent of
Marriage
Age of Parties
There is no minimum age specified under Shariah
In general: when a person is of full age mature enough able
to comprehend the nature of marriage
And test the orphans until they reach the age of marriage
al-Nisa: 6.
Hadith:
Aishah reported: The Prophet (saw) married me when I was six
years old and I was admitted to his house at the age of nine.
Ibn Hishams version of Ibn Ishaqs Sirah Rasulullah, the earliest
surviving biography of Muhammad (saw) record Aishah as having
converted to Islam before Umar al Khattab, during the first few year of
Islam around 610CE. In order to accept Islam she must be walking and
talking, hence at least three years of age, which would make her at least
fifteen in 622CE
Refer To Section 8 of IFLA
Future husband with good
job
Quitting school Knows the
General responsibility
To avoid masiat
Reasons for
Certain circumstances
pregnant
Committed zina
Consent of
Wali
Consent of the bride
Definition:
Having the same status or equality between
the prospective husband and wife
the husband must be equal to his wife, but it
is not necessary that the wife be equal to the
husband since men are not degraded by
cohabitation with women who are their
inferiors.
The purpose of kafaah is to achieve
equality in social status so that it may
guarantee happiness and peace in
marriage life. It may also avoid the wali or
the wife belittle/ridicule the husband
Majority of fuqaha agree that the scope
of kafaah include freedom, nasab and
profession. As for the Shafiis, the school
adds religion, good akhlaq and absence
from bodily defect as criterias of kafaah
GUARDIAN (WALI)
Consent of Wali
WHO IS A GUARDIAN OR WALI
Wali is the one who leads the offer of marriage
The wali is authorised to solemnise the marriage on
behalf of the woman or girl
Where the wali refuses his consent or where the woman
has no natural wali, the Ruler/Sultan or a person
delegated by him can be the wali of the girl
According to the Shafiis, a marriage without wali is void-
hadith. Al Baqarah:232. an Nuur: 32
Under the Hanafis, a woman who has attained puberty
can give herself in marriage without the consent of a
guardian al Ahzab:50, Hadith regarding a daughter force
into marriage.
However, a woman who contracts her own marriage must
be to a man who is kufu to her, otherwise the father will
have the right to apply for nullification of her marriage
through fasakh
Eg. Case Haji Mohamed v Bahrunnasran and
Mazliani
A man with HIV positive is not kufu to a woman
who is healthy.
Other e.g.
Re Huseinah Banoo
Authorities for Wali By Jumhur
Al-Quran: al Baqarah 2:232
Al-Quran: Al-Nur 24:32)
Hadith of the Prophet Muhammad
;Al-Quran
al-Baqarah: 232
Continue
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an nuur:32
_ This verse enjoins marriage and according to the
jumhur, it must be through the wali
Hadith
There is no marriage without wali
A woman cannot contract her own marriage
only adulterer who contract her own marriage.
Any woman who has married without her
guardian permission, her marriage is void.
What are the conditions to be a wali?
Conditions
1. Muslim
2. Sound mind
3. Attained the age of majority
4. Voluntarily
5. Not within ihram hajj or umrah
6. Just/not fasiq
7. According to jumhur - a man
Types of wali