Bismillahi-r-Rahmani-r-Rahim
Al-hamdu lil-lah was-salatu was-salamu ^ala Rasulil-lah wa ^ala Alihi wasahbihi wa sallam
257. Question: What are the pre-requisites of a valid marriage contract?
Answer: The pre-requisites of a valid marriage contract are:
1. A guardian,
2. Two witnesses,
3. A couple who are clear from what prevent the marriage, and
4. A statement of offer and acceptance.
The statement can be like when the guardian says: Zawajtuka ibnati or Ankahtuka ibnati. Which means: I now give my daughter to you in marriage. Then the man says: Qabiltu ziwajaha or Qabiltu hadha-n-nikah. This means that the man says: I now accept marrying her or I now accept this marriage.
258. Question: Is the marriage of a Muslim male from the non-Muslim female valid?
Answer: It is valid for the Muslim male to marry the Muslim, Christian or Jewish females only.
259. Question: Is it valid for the Muslim female to marry a non-Muslim male?
Answer: No, the marriage of the Muslim female to a non-Muslim male is not valid. The one who deems this marriage halal belies al-Qur’an and blasphemes. Allah ta^ala said: in al-Mumtahinah verse10. (لا هن حل لهم ولا هم يحلون لهن)
The ayah means that it is not lawful for the believer females to marry the kuffar males and vice versa.
260. Question: What are the conditions which have to be satisfied by the person to be a guardian of the female?
Answer: The conditions which the guardian has to satisfy are: Malehood, freedom, puberty, Islam (except in the case of a non-Muslim female) and sanity. Some scholars included trustworthiness under this class, while others eliminated it.
261. Question: What are the conditions that have to be satisfied by the two witnesses?
Answer: The conditions that the two witnesses have to satisfy are: Malehood, freedom, puberty, trustworthiness, Islam and sanity. The two witnesses also have to know the language in which the contract is being performed. Moreover, they have to know the female intending to get married either by seeing her face, or by knowing her name and family.
262. Question: Give an example for the statements exchanged while performing the marriage contract.
Answer: The guardian says to the groom, for example: Zawwajtuka ibnati (I now give in marriage to you my daughter (so and so on a dowry of so and so). The groom says: Qabiltu ziwajaha (I now accept her in marriage) on this dowry. This conversation takes place in the attendance of the two witnesses.
263. Question: How many classifications there are for divorce statements?
Answer: The divorce statements are classified into two types: Explicit and implicit. To be valid, the implicit divorce is in need to the husband’s intention who intends divorce.
264. Question: Give an example on explicit divorce.
Answer: Explicit divorce is like when the husband says to his wife: Tallaqtuki (I now divorce you), or Anti taliq(You are now divorced).
265. Question: Give an example on the divorce which is implicit.
Answer: Implicit divorce is like when the husband says to his wife: ^Alayya-l-haramu minki (You are haram for me). If the husband intended divorce, then divorce has taken place; otherwise, if he did not intend to divorce, divorce did not take place.
266. Question: If one utters divorce by three counts in one phrase in one setting, for example, he says: I now divorce you three times, is this classified as divorce by three counts?
Answer: Yes, this divorce is counted as three counts by the consensus of the Muslim mujtahidin. This unanimous agreement of the mujtahidin was conveyed by Ibn al-Mundhir in his book <Al-’Ijma^>. Other scholars conveyed this agreement as well. This is also the madhhab of ash-Shafi^iyy, Malik, AbuHanifah, Ahmad and other mujtahidin. Ibn Taymiyah, on the other hand, strayed in this issue and this misguidance of his was counted from among his many straying by which he departed from following the Muslim nation and contradicted consensus..
267. Question: If the husband divorces his wife one time or twice, is a new contract required to re-institute the marriage, assuming that this divorce took place during the ^iddah period?
Answer: No, a new marriage contract is not required in this case. It is sufficient that the man says for example: I now return my wife to my marriage. However, in a separate case, if the ^iddah period is over, such a statement is not sufficient by itself. The husband and the wife’s guardian have to perform a new marriage contract.
And Allah knows best.
