MARRIAGE: WHAT CONSTITUTE IT AND WHEN DOES IT BEGIN?

[kabiru74]

Salam, Brothers Joseph.

Please i would like u to throw more light on the issue of marriage with respect to what constitute it and when does it begin to be legally recognized as marriage. This, i will like you to analyze keeping in view the following Quranic verses with respect to divorce of a marriage that is already existing without sexual intercourse and dowry(specified and unspecified):

2:236 There is no sin upon you if you divorce the women before having sexual intercourse with them, or before setting the dowry for them. Let them have recompense, the rich according to his means, and the poor according to his means. A recompense in kindness, a responsibility for the good doers.

2:237 And if you divorce them before having sexual intercourse with them, but you have already set the dowry for them; then you must give half of what you have agreed, unless they forgive or the guardian over the marriage contract forgives. And if you forgive, it is closer to righteousness. And do not forget the favor between you; God is Seer of what you do.

And also correlating it with other Quranic verses where we are expected to seek them in marriage with dowry and the following verse 4:24 ....As for those whom you have already had joy with, then you shall give them their dowries as an obligation. There is no sin upon you for what you agree on after the obligation. God is Knowledgeable, Wise.

I hope to hear from you soon.
May Allah reward you abundantly for your great effort and forgive you your shortcomings.
Masalam.

[Joseph Islam]

Wa alaikum assalam kabiru74,

Please may I kindly refer you to the material that I have already shared on this topic below:

Article:

NIKAAH - THE CONTRACT OF MARRIAGE
http://quransmessage.com/articles/nikaah%20FM3.htm

Q&A:

Dowry as a pre-requisite to Marriage and Coitus To Complete the Contract
http://quransmessage.com/forum/index.php?topic=1023.0

I hope that helps, God willing
Joseph

[Wakas]

peace,

You may find these verses helpful:

Determining mutual attraction/compatibility [2:221, 2:235, 30:21, 33:52]

Ascertaining whether the potential partner is of similar beliefs/faith [2:221, 60:10]

Discussion of and agreeing to the level of dower and other terms (if any) [4:4, 4:24]

Understanding and mutual acceptance of marriage as a solemn/strong oath/contract [4:21, 2:232, 2:237, 24:33]

If male, capable of providing for the family/household [2:228, 2:233, 4:34, 65:6]

To have physically matured / post-puberty [4:6, 24:31, 24:58-59]

If the marriage is unsuccessful, one should also be capable of undertaking divorce proceedings, e.g. separation period, arbitration, discussion of settlement etc [2:226-232, 2:241, 4:35, 4:128-130, 33:49, 65:1-6].



You can also look up Marriage verses in a topical index of Quran such as found here.