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Offline Orange

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Illustration on Marriage contract
« on: August 16, 2012, 04:57:19 AM »
Dear Brother Joseph,

I hope you'll soon be sharing illustration for having a marriage contract with respect to Qur'an similar to that you have shared regarding Divorce.

Regards

Offline Joseph Islam

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Re: Illustration on Marriage contract
« Reply #1 on: August 16, 2012, 10:42:11 AM »
Salamun Alaikum,

I am not sure that the topic of Nikaah would require an elaborate illustration as the Quran deals with the issue quite succinctly. However, I have a couple of articles which may be of interest.

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

NIKAAH AL-MUT'AH - TEMPORARY MARRIAGE
http://quransmessage.com/articles/mut'ah%20FM3.htm

I hope that helps, God willing.
Joseph
'During times of universal deceit, telling the truth becomes a revolutionary act' 
George Orwell

Offline Wakas

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Re: Illustration on Marriage contract
« Reply #2 on: August 17, 2012, 01:23:40 AM »
Additional information, the divorce procedure according to The Quran:

'cooling-off' period for those who swear away from their wives sexually, limited to 4 months [2:226]*

after this 4 month 'cooling-off' period, the options are: revert to normal relations or divorce/talaq [2:227]

post-divorce interim/waiting period is 3 menstruation periods or 3 months, if pregnant it is until they deliver, if widowed it is 4 months and 10 days [2:228, 2:234, 65:4]

if no sex has taken place after marriage, then no interim period is required after divorce/talaq [33:49]. Compensation may be due however if dower was agreed upon [2:237]

during post-divorce interim period, wife remains in the same house, and is compensated by way of maintenance during this period in the same living standard as the husband, each according to their means [2:236, 2:241, 65:1, 65:6-7]**

divorce is automatically retracted if sex between the couple takes place during the interim period [inference from 2:226, 33:49, 65:1]***

if couple reconciles, then divorce/talaq may be retracted twice during interim-period. If divorced a third time it is final unless she marries another then they divorce, only then can original partners re-marry. If the couple fear they will not maintain God's bounds, then wife may give some dowry back to release herself [2:229-230]

if couple still wishes to follow through with the divorce/talaq after the end of the interim period and undergo final separation, then two witnesses are required to complete the process [65:2]

exceptions exist, in certain situations [60:10-11]

the onus is upon the person in the wrong to rectify the situation or initiate divorce/release, and it is an obligation upon the contract-breaking party to compensate the other [2:229, 2:237, 4:19, 4:128-129, 33:28, 60:10-11]

As a side note, the last point is also mentioned in traditional Islamic law and sources, see M.Asad's note on 2:229. This system would also protect the male if he were to marry a female who only did so for his money or the marital gift then she wished to end the marriage later, because since the contract-breaking party compensates the other partner, she would have to do so accordingly. Similarly, this would protect the female if she were to marry a male who only did so for lustful reasons then wished to end the marriage later, as he would then have to compensate her.

*Also possibly provides a time limit due to a practice of the time in which husbands did not have sex with their wives but also did not divorce them, see 58:1-4, 33:4; i.e. leaving them in a state between marriage and divorce. Similar to what is implied by 4:129.

**And the same goes for the lesser situation of 'cooling-off' period. Obviously, the wife would not be removed from the home for the lesser serious 'cooling-off' period then brought back just for the post-divorce interim period.

***Inference from 2:226 is that resumption of sexual relations is equated to reconciliation, thus no initiation of divorce. Hence, same proviso for post-divorce interim period, i.e. sex = reconciliation.

Offline Joseph Islam

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Re: Illustration on Marriage contract
« Reply #3 on: August 17, 2012, 02:24:23 AM »
Dear All,

Just to clarify, the original poster had assumed the contents of the following illustration.

ISLAMIC DIVORCE
http://quransmessage.com/charts%20and%20illustrations/divorce/divorce%20FM2.htm

Kind regards,
Joseph.

PS: Wakas - thanks for your input.
'During times of universal deceit, telling the truth becomes a revolutionary act' 
George Orwell