AYE NUR BA

MARRIAGE

TITLES OF ISSUES
I. MARRIAGE AND ITS ISLAMIC PROVISION II. III. PERIOD OF ENGAGEMENT COMPLICATIONS OF MARRIAGE AND FORBIDDEN PEOPLE A. B. FORBIDDEN PEOPLE BECAUSE OF TEMPORARY COMPLICATIONS FORBIDDEN PEOPLE BECAUSE OF CONSTANT COMPLICATIONS 1. FORBIDDEN WOMEN BECAUSE OF ANCESTOR 2. FORBIDDEN WOMEN BECAUSE OF A MARRIAGE 3. FORBIDDEN WOMEN BECAUSE OF WET-NURSE IV. V. VI. VII. SIGNIFICANCE OF MARRIAGE CONTRACT CONDITIONS OF MARRIAGE CONTRACT RIGHTS IN PERIOD OF MARRIAGE PERIOD OF TERMINATION OF MARRIAGE A. DIVORCE WITHOUT JUDICIAL AD KINDS OF IT 1. DIVORCE ( TALAQ) a. REVOCABLE DIVORCE b. IRREVOCABLE DIVORCE 2. MUHALAA 3. ZIHAR 4. ILA (SWEAR) 5. LIAN B. DIVORCE WITH JUDICIAL

VIII. PERIOD OF DELAY IX. SOURCES

I.

MARRIAGE AND ITS ISLAMIC PROVISION

Family is a social institution is made by people that live in the same house, share the same earnings and connected each other with marriage, blood tie and have different roles and jobs. It is made with mother, father and children and a basic unit for all of religions. Without family in society cannot live a religious life and a juristic life. There is not the meaning of life so to protect the family is common goal of all religions. It is also sunnah of all prophets. Marriage and a family are also important for Islamic Religion. The supreme Allah ordered to his slaves to marry and start a family because it is suitable for structure of male and female. The supreme Allah in Quran says us: have we not created you in pairs (an Naba 8). If we look this and similar verses from Quran, we understand it is law of life because people that have a wife and a family will be responsible, employee and useful to society. Marriage is Mustahab for Muslims I mean, if done is rewarded but if not done there is no sin. if a Muslim is afraid to commit adultery and there is no complication about marriage, then marriage is obligatory for him. In addition, if a Muslim wants to have beneficial children and protect himself and his family from sins, he has reward. II. PERIOD OF ENGAGEMENT

If a person wants to marry with a woman and if she approves him they are engaged. Period of engagement is from this time until to marriage. Our holy prophet tells us in a hadith Muslims are brothers each other so do not shop the shop on each other. we understand that this hadith in period of engagement, someone else cannot make proposal to woman in Islam until couples break up in before marriage. Period of engagement may not be but it is important for couples to know each other. Known that couples do not have rights that will have with marriage and engagement does not cancel provisions about forbidden and lawful. Every time engaged couple may not get marry. They can break up. In this situation couples have to give back to each other gifts or jewels are presented before. III. COMPLICATIONS OF MARRIAGE AND FORBIDDEN PEOPLE

To be a real and valid marriage contract, there must be no complication in between couples. There are two type complications for marriage. In this part, we will mention women who are forbidden to marry for a man. This way will make it easier.
A. Forbidden Women Because of Temporary Complications

Some conditions inhibit the marriage for a time but when complication disappears marriage contract can be. Forbidden women because of temporary complications are these;
1. Married Woman

Married woman can not marry with someone else. It is forbidden in Islam. This forbidden continues until when woman divorce from her husband or her husband is death and womans period of delay is finished. It is mentioned in Quran on Surah An Nisa. 2. Woman in Period of Delay In Quran this forbidden is mentioned that way Do not marriage contract until when period of delay of women is finished.(Surah al Baqarah). We understand that from this verse to marry with woman in period of delay is forbidden. 3. Woman Who Does not Believe One of Divine Religions To marry with a woman who does not believe one of divine religions is forbidden temporarily but if woman is a Muslim or a Christian or a Jewish can marry with her. This rule is mentioned in Quran that way: Do not marry with infidel women ( Surah Al Mumtahine/10) 4. Close Woman to Wife First Order How a man cannot marry with close woman to him first order like his aunts, similarly he cannot marry with close woman to his wife first order like aunts of his wife. 5. Woman Who Divorced From the Same Man Three Times In Islamic religion, rights of divorce are three and If a man divorce from the same woman non stop three times, this man cannot marry again with the same woman.

B. Forbidden Women Because of Constant Complications 1. Forbidden Women Because of Ancestor

Mother of a man, grandmother of his mother and all grandmothers of him are like his mother so they are forbidden to marry with him. There is the same situation for daughter. Daughter of him, grandchild of him and all grandchildren of him are like his daughter so they are forbidden to marry with him. If we look at other forbidden women we can say that descendents of parents of a man. Accordingly a man cannot marry with his sisters from the same father or the same mother or the same parents. And he cannot marry with his nieces and grandchildren of his sisters. Similarly a man cannot also marry with women from first order descendents of his grandparents. They are his paternal and maternal aunts. All these women are forbidden to marry for a man till the end of time but if he wants, he can marry with his cousins.
2. Forbidden Women Because of A Marriage

We can arrange in order these women. Firstly we shall mention ancestors of his wife. A man cannot marry with mother of his wife. It is forbidden in our religion. Mother in here means all grandmothers of his wife. This forbidden begins from marriage contract till and of time. For this rule, no needs sexual intercourse between couples. Marriage contract is enough. Even if couples divorce, this situation does not change. All these women are like his mother. The other types of women are descendents from another marriage of his wife. This situation is different from first because in order to be marriage is forbidden with descendents of his wife, he must have done sexual intercourse with his wife. If they have not done sexual intercourse and divorce then the man can marry with descendents of his ex-wife. But if they have done sexual intercourse and divorced then descendents of ex-wife of man are forbidden for him till the end of time. A forbidden woman else is wife of grandfather of a man. If grandfather of a man or all grandfathers of him marry with a woman, the man cannot marry with this woman for ever. For this provision marriage contract is enough without sexual intercourse but he can marry ancestors and descendents of this woman. There is no disability in it according to Islamic religion.

The next one is wife of grandchild of a man. When grandchild of a man marries with a woman, the man cannot marry with this woman forever. For this condition marriage contract is enough without sex. As well as he can marry with ancestors and descendents of this woman as before provision.
3. Forbidden Women Because of Wet-nurse

If a man has wet-nurse, she is like his own mother in Islamic religion. This situation has the same provisions with ancestor because how are sibling bird from the same mother, similarly people that have the same wet-nurse are also siblings. So she is like his mother and husband of his wet-nurse who caused milk is like his own father. According to this provision, his milk ancestors (wetnurses of him), his milk descendents (milk daughters of him), his descendents of milk parents (his milk siblings and his milk nieces), his descendents of milk grandparents first order (his milk aunts), and milk ancestors of his wife (like his mothers), milk descendents of his wife (like his own daughters) and wife of his milk ancestors (wife of his milk grandfather). In this issue there is a detail. A person is member of his milk parents but just his own not his own siblings. And if a man has a wet-nurse after his second year, all these provisions are not valid for the man because a baby needs the milk till his second years after this time it is not his main food and necessary for his body according to Islamic religion. Relationships between ancestors and descendents are very important for our religion so all these women are forbid in order to people do not have bad relationships between ancestors and descendents. This importance is mentioned with verses in the Quran. IV. SIGNIFICANCE OF MARRIAGE CONTRACT

In dictionary, marriage contract is keep together and make sexual intercourse. As a term marriage contract is a treaty that make is lawful sexual intercourse made by a man and a woman who there is no complication to marry between them. I want to indicate that it is not description of marriage it is description of marriage contract. We mention juristic aspect of marriage contract not social aspect of it. V. CONDITIONS OF MARRIAGE CONTRACT

Marriage contract has some conditions like every treaty. We can mention that way

Firstly proposal and acceptance. People who will marry must say for men I got her for women or proxy of women accepted. Secondly there must be a man and a woman for this contract so unborn person cannot marry and cannot married by someone. Father of woman who will marry must know this contract.

These conditions are must for marriage contract. Without them, there is no marriage. There is also necessity of marriage contract. These are;

Couples must have mental health. Marriage is a serious contract. Person that does not have mental health cannot decide oneself and cannot be responsible from this contract. If woman is a Muslim, the man must be Muslim. Couples must know that they have married. If they do not know, marriage contract is not reel. There must be no temporary or constant complication between couples. There must be a male one of couples and female the other one. There must be at least two witnesses. The goal here is to spread the marriage contract and to want that people do not have a suspicion about couples and their marriage. The man must give bride price to woman as a gift. Couples can agree on the quantity whenever they want before marriage or after marriage. If couples divorce after sexual intercourse, woman does not give back bride price to man but if they divorce before sexual intercourse, woman can give back half of it. There must be equivalence between couples about education, family structure, earning and age. If parents do not think being equivalence between them, parents can break up couples. RIGHTS AND PROVISIONS IN PERIOD OF MARRIAGE

VI.

With performing conditions we mentioned before marriage contract is accepted by couples. It does not finish here. Man and woman have some rights and provisions with this contract. Some of these rights are related with just husband or just his wife, some of them are related are both man and woman. Couples cannot give up from common rights of them. It is not possible because couples must have accepted this situation before marriage.

Couples can make sexual intercourse with together as lawful. One of them avoid from sexual act is not permissible according to Islam. This issue is mentioned on Surah Al Muminun in Quran in detail. There are some constant complications with marriage contract for man. After contract, ancestors of his wife are forbidden to marry and after sexual intercourse descendents of his wife also forbidden to marry for him. Couples are inheritor to each other after marriage contract. Sexual intercourse is not necessary. The aim of marriage is already a good relationship between pairs but it should not be one sided. Couples should protect each other from every bad thing, regard to each other, to support each other in their difficult time and they should decide together in matters about their life. Couples should be helper to each other about worship to Allah and doing good things. Marriage contract is important for Islamic religion because of this goal. When we look at some verses, we see that marriage is cause for share hardships of life. The our prophet said to us in a hadith Mercy of Allah is for one who gets up at night and pray and awake his wife for pray. T man must give bride price to woman as we said before. It is his responsibility. According to Islamic religion woman is in responsibility of her husband so the man must provide basic needs of woman as a place to stay, foods and clothes. If the man does not provide them then juristic determine subsistence money behalf of him within mans means. Parents must protect life of their children. It is duty for them. This duty starts from period of pregnancy so after pregnancy abortion is not permissible. It is murder and murder is forbidden. In addition no one has right of killing someone. Children should have good names. This is duty of their parents. To name with names of prophets is Mostahab I mean, if done is rewarded but if not done there is no sin. Boys must be circumcised when they are young. It is also duty of their parents. When a baby is born, the azan is recited to its ear with its name. When a baby is born, an animal is sacrificed in first seven days. This ceremony is coming two meanings. Firstly, it is thank to Allah for baby. It is also Sunnah and rewarded. Secondly, to give a feast makes more close relationships between kith and kin. When a baby is born, it is descendent of its family anymore. No one can disinherit ones children for whatever reason.

A baby should drink human breast milk till two years but if the mother does not have milk enough, the father must find a wet-nurse against payment for baby. Parents should take care of their kids. It is important for children developments. Especially to learn basic religious knowledge is one of basic rights of kids. In addition to that, there are worship to Allah and recite the Quran. The education of parents that will give and teach is important for future of their children. Parents must provide basic needs of their kids like place to stay, foods, clothes. Parents should not segregate one of from the others. They must be just to all of kids. Our prophet said to us in a hadith Be afraid from Allah and be just between your children.

VII. PERIOD OF TERMINATION OF MARRIAGE Marriage is a emotional and juristic coupling that it is built on love, mercy and solidarity. Marriage is not just about rights and provisions. Emotional sharing between couples is also very important for continuity of marriage. So in Quran just provisions of marriage are not mentioned, emotional coupling is also mentioned. For example: And among His Signs is this, that He created for you wives from among yourselves, that you may find repose in them, and He has put between you affection and mercy. Verily, in that are indeed signs for a people who reflect. (Surah ar Rum/21) and They are body cover for you and you also clothes fort hem. (Surah al Baqarah/ 187) but life of marriage is not continue as desired because of some causes. Relationship between couples may get harm irreparably. So divorce is also legal as marriage in Islam. A. Divorce Without Judicial
1. Divorce

Divorce as a word is emancipating. Married couples have three rights of divorce. If the man says to his wife Become free, the man has divorced from his wife and has used his one right. This topic is described in detail in Surah al Talaq in Quran. Divorce divides two parts structurally. Sunni Talaq and Bidi Talaq. Divorce in line with Sunnah is Sunni Talaq, divorce in line without Sunnah is Bidi Talaq. Conditions of Sunni Talaq are these:

The woman must be pregnant or in between two menstrual period without sexual intercourse. There must a divorce has not been in before menstrual period. There must three divorces have not been at a time.

Not have these conditions is Bidi Talaq. There are two kinds of divorce:
a. Revocable Divorce (Rici Talaq)

If a man divorces from his wife firs time but and after that if he regrets, he can turn back to her within three months. A new marriage or bride price is not necessary for it but couples have used their one right of divorce. In a divorce ones more, if couples want to come together, they must marry again and the man must pay bride price again. However couples have used their second rights of divorce. It is Revocable Divorce (Rici Talaq) and can be only two times.
b. Irrevocable Divorce (Bain Talaq)

If Couples that have divorced two times before divorce again, they have divorced with irrevocable divorce. Anymore they can never come together. It is impossible but they can marry with someone else. There is a exception for this situation. When their marriages with someone else continue naturally and also finish naturally after that if ex-couples want to marry again by thinking situation of their children, they can marry with a new marriage contract and new bride price. In this way couples have three rights of divorce again however they must be more carefully because marriage is not an easy task. In addition to these, if a man after revocable divorce does not come back to his wife within three months, it is irrevocable divorce.
2.

Muhalaa

It is an Arabic word. It means to convince a woman her husband to divorce by giving an equivalent. If there is a valid reason about rules of Allah determined, it is permissible but if there is no valid reason, it is Makrooh (which is disliked but not forbidden) Muhalaa can be suggested by woman or man. In this kind of divorce both people must agree to divorce. Otherwise divorce is not valid. Muhalaa is irrevocable divorce (Bain Talaq) 3. Zhar

Zhar is a man says to his wife You are like my mother for me and the man reflects to his wife that he does not want to make sexual intercourse with her. Mostly this word is used by Arabs. It is also forbidden in Islam but if a man who made Zhar to his wife does not pay penance, the woman is forbidden to him forever. Penance of Zhar is these. to emancipate a slave if can not do that, to fast two months without interruption if can also not do that, to feed sixty poor for a day Penance of Zhar is for sexual intercourse not for a new marriage. If the man says to his wife you are like my mother because of respect, it is not Zhar because the aim in here is not to refer divorce. 4. Ila ( Swear) It is to swear someone will not do or will do something. Literally, it is to swear a man will not do sexual intercourse with his wife. This kind of divorce is mentioned in Quran that way: There is four months waiting period for men who swear will not do sexual intercourse with his wife. (Surah al Baqarah 126/127) according to this verse, men have four months for to come back to their wife. If these men come back, they can continue their marriage but if they do not come back, it is divorce. In additions to these, if a man swears will not sexual intercourse with his wife for a year but if after four months he makes sexual intercourse, he must pay penance of swear. 5. Lian As a term Lian is a curse couples themselves in front of the judge when a man accuse her wife of adultery or says this child is not mine. The man says after he said I am right, I swear four times If I am a liar, Allahs be curse on me and the woman says after she said He is a liar, I swear four times If my husband is right, Allahs curse be on me. Couples break up from each other this way. It is done in front of the judge couples can not do that themselves. There must not be

repeater the man about lie and the woman about adultery. Relationship of ancestor between the man and the child is finished by judge. It is irrevocable divorce. Ex-couples can never marry again. B. Divorce With Judicial Marriage as can be finished by couples can be also finished by judge. For this kind of divorce, there must be valid causes. Causes are these: If couples have a fault that unknown or non-fault before marriage but known or come out after marriage and if it is complication for sexual intercourse and if it is impossible to repair then judge can finish the marriage. It is irrevocable divorce. If the husband does not provide needs of his wife and his children, judge can finish this marriage but it is revocable divorce. If the husband becomes to provide needs of his family, he can come back to his wife. If there is high-conflict between couples firstly judge talk to with couples and say to them try to continue this marriage and have good relationships but if high-conflict continues then judge can finish because there is no sympathy where there is hatred. If a man/woman is far from his/her house and there is no news about him/her during one year, judge can make couples break up but except the prison, military and pilgrimage. If one day the man/woman comes back he/she can continue marriage without a new marriage contract.
VIII.

PERIOD OF DELAY

Period of delay is waiting a woman marry with someone else is as lawful. It is obligation in Islamic Religion. We needs to know about period of delay are these:

 After marriage contract if there is divorce without sexual intercourse, there is no need to wait period of delay. For the woman who divorce from her husband without death and she menstruates, she must wait during three period of menstruation. Period of delay finishes last of third menstruation. The woman who her husband is death must wait for four months and ten days. It is period of mourning in the same time. In this period, woman must be careful and needs to do not wear finery clothes because of respect to her husband who was death. The women who do not menstruate or it is not regularly must wait for three months. The pregnant woman must wait from when she divorced from her husband till when she gave bird. If a woman in period of delay of revocable divorce, it is three months if her husband is death at that time then woman starts waiting for four months and ten days since that time.

SOURCES
QURAN AL QARIM HADITHS OF PROPHET ADEVI M. (1988) Ahqamut Talaq fi s Shariati al Islamiyya BEDRAN E. (1961) Ahqamuz Zavac wat Talaq CAZIRI A. Al Fqh alal-mazahibil-abaa HASHIM A.. (1998) Al-usra fil-Islam HOSAYN A.F. (1998) Ahqamul-usra fil-Islam IBN RUSHD M. (1975) Bidayatul-moctahid wa nihatatulmuqtasd IBN TAYMIYYA T. (2005) Macmool-fatawa SARAHSI M. (2000) Al-mabsood IBN ABIDIN (2000) Raddul-mukhtar IBN QUDAME E.A. (1405h) Al-Mugni QURDI A.H. (1989) Al-Ahwalus Shakhsiyya SAHNON Al Mudawwana ZARZUR A. Nizamul-usrafil-Islam