UNIT 6: MUAMALAT (RELATIONSHIP) Specific Objectives

By the end of the topic, the learner should be able to: a) explain the meaning of Nikah (marriage) b) describe the importance of marriage c) state the conditions for marriage d) discuss an Islamic marriage festival e) discuss the Islamic view on polygamy f) discuss the rights and duties of family members.

Definition Muamalat is a set of rules related to social interactions between man and man or man and his environment. E.g., marriage, inheritance, business transactions, lending, borrowing, contracts, etc. In this unit, we will discuss marriage and family unit at large. A Family A family is a fundamental social group in a society consisting of one or two parents and their children. It may consists of two or more people who share goals and values, have long-term commitments (legal marriage) to one another and reside in the same dwelling. This institution came into existence with the creation of man. Allah says, “O mankind, fear your Lord, who created you from one soul and created from it its mate and dispersed from both of them many men and women.” (Qur’an 4:1)

A family plays a very important role in the civilised life of man. It is a small world in itself.

The family as an important unit in the society The family unit is an important component of Islam, and all elements of a family are given due significance – from parents to spouses to children. Therefore, the primary role of the family system goes far beyond reproducing and continuing the human race to even greater responsibilities. a) The family is a basic unit on which the societies establish, cooperate, build, sustain and flourish.

b) An individual is born, brought up, and trained in a family and this leaves an everlasting impression on his life.

c) Through the family, human beings procreate to form generation.

d) Through the family, the child learns the basics of his or her language, religion, values, habits and social interaction.

e) A family system is a source of peace and serenity in the society.

f) It provides members psychological and physical security.

g) It is the basis for affection and love among family members.

h) Family is the center of protection of national and moral traditions.

i) A well-grounded family consists of members that take pride in their ancestors thus safeguarding lineage and identity.

j) Keeping the community secure against disease. A Muslim family is a source of bounty, chastity and cleanliness.

k) The family is a cooperative institution where the two spouses collaborate and share responsibilities, each of them in his or her special capacity. Purpose of marriage Marriage is a natural necessity for every human being. It bears positive outcomes of which the most important ones are: a) Marriage is a form of worship where one is rewarded by Allah.

b) Through marriage, tranquility and peace of mind is established in an individual. (Qur’an 30: 21).

c) Marriage satisfies couple’s conjugal needs in a proper manner.

d) Marriage provides spiritual and legal foundation of the family unit.

e) It builds sound family, the essential factor in building a good society.

f) It unites husband and wife in solemn matrimonial relationship

g) Marriage leads to reproduction thus the nation grows and multiplies

h) It is the reason for the preservation and continuation of the human race. It serves to prolong man’s existence.

i) Marriage preserves a person’s chastity from unlawful sex.

j) Marriage is the means of establishing a family, the nucleus of society.

k) Social relations are supported with the aid of marriage, whereby scope of family expands to in-laws, aunts, uncles, etc.

l) Marriage qualifies a person’s character through the responsibilities his/her has on his/her shoulder.

Conditions and requirements for a marriage Islamic marriage begins with a search for an appropriate partner, and ends with an agreement of marriage, the contract, and the wedding ceremony. The requirements of a valid marriage can be categorized into pillars and conditions. The pillars of marriage are three: 1) There must be an offer or proposal (Ijaab).

2) There must be an acceptance (Qabul).

3) Free from legal hindrance to marriage. E.g., step sister and brother. The conditions of marriage are four: 1) The dowry (Mahr) by the husband

2) The consent of both parties

3) The presence of the woman’s guardian (wali)

4) Two male, reliable Muslim witnesses An Ideal procedure of Islamic Marriage In the Islamic Law, marriage is a contract whereby a man seeks the hand of a woman in marriage. Islam regards it as an act of respect and dignity for women. The following should be put into consideration:

1. Dowry must be agreed upon by both parties, not by parents.

2. Mahr is her right, to which her husband remains indebted.

3. It is a free gift and not her price. (Qur’an 4:4) The mahr may be in hard cash, item or non-material (like training). It can be paid up front or can be deferred to be paid upon demand decided prior to the solemnization the marriage. There are two parts to the mahr, a prompt due before the marriage is consummated and a deferred amount given to the bride throughout her life. The Nikah Ceremony According to Islam, the bride’s guardian or one who represents the bride would first seek her explicit consent to officiate on her behalf, then proceeds and says, “I have given away so and so (and he mentions the name of the bride) in marriage to you, on the agreed dowry (Mahr).” Immediately, the man (bridegroom) says, “I

have accepted her (he mentions her full name) in marriage on the agreed dowry (Mahr).” With these pronouncements, they become legally married. A brief discourse or Khutba is recited before the Nikah formula is enunciated. In this Khutba, Allah is praised in regulating the lawful process of procreation, and then the traditions from the Prophet (saw) are also recited. Thereafter the Kadhi may proceed and register the marriage and offer a marriage certificate. Walima (Reception) After the consummation of the marriage, the groom holds a banquet called a walima. The relatives, neighbours, friends and members of the community both rich and poor are invited to the marriage feast in order to make them aware of the marriage. However, lavish spending is not advisable especially when the couple can use the same money effectively.