Islamic Family Law

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Conditions of the Husband

  1. Muslim
  • Al – Baqarah [2:221]; meaning: do not marry idolatresses unless they believe; a believing woman is better than an idolatress, even if you like her. Nor shall you give your daughters in marriage to idolatrous men, unless they believe. A believing man .is better than an idolater, even if you like him. These invite to Hell, while Allah invites to Paradise and forgiveness, as He wills. He clarifies His revelations for the people, that they may take heed.
  • Section 5 of IFLTE 2017 provides for the criterion for deciding whether a person is a Muslim or not. This section provides that for the purposes of this Enactment any question arises as to whether a person is a Muslim, that question shall be decided according to the criterion of general reputation, without making any attempt to question the faith, beliefs, conduct, behaviour, character, acts, or omissions of that person.
  • Section of the same Enactment states about the persons of other religions. Section 10(1) provides that no man shall marry a non-Muslim except a Kitabiyah.
  1. Not within ihram haji or umrah
  • Nubaih b. Wahb reported: Umar b. Ubaidullah b. Ma’mar sent me to Aban b. Uthman as he wanted to make the proposal of the marriage of his son with the daughter of Shaiba b. Uthman.He (Aban b. Uthman) was at that time (busy) in the season of Pilgrimage.He said: I deem him to be a man of the desert (for it is a common thing) that a Muhrim can neither marry, nor is he allowed to be married to anyone.It is Uthman (b.Affan) who reported this to us from Allah’s Messenger (may peace be upon him). (Sahih Muslim)
  • Nabaih b. Wahb reported that Umar b. ‘Ubaidullah b. Ma’mar intended to marry his son Talha with the daughter of Shaiba b. Jubair during the Pilgrimage. Aban b. Uthman was at that time the Amir of Pilgrims.So he (‘Umar b. Ubaidullah) sent someone (as a messenger) to Aban saying: I intend to marry Talha b. ‘Umar and I earnestly desire you to be present there (in this ceremony of marriage).Aban said to him: I find you a block-headed ‘Iraqi. I heard ‘Uthman b. ‘Affan say that Allah’s Messenger (peace be upon him) said: A Muhrim should not marry. (Sahih Muslim)
  1. A specific man (ta’yin)
  2. Not having 4 wives at the same time.
  • It is based on hadith that Harith bin Qais reported that: “I embraced Islam while I had 8 wives. I mentioned it to the Prophet. And the Prophet SAW said: ‘select 4 of them’”.
  1. Voluntary
  • Section 12 of the IFLTE 2017 list down the minimum marriageable age. This section states that a marriage shall not be recognized and shall not be registered under this Enactment unless both parties to the marriage have consented thereto.
  1. Minimum age for marriage
  • Section 8 of the IFLTE 2017 provides for minimum age for marriage, where it states that no marriage may be solemnized under this Enactment where either the man is under the age of eighteen or the woman is under the age of sixteen except where the Syariah Judge has granted his permission in writing in certain circumstances.