Solid and Strong Contract: Marriage (Nikah)
After the decision of marriage is made, a family union should be established with a solid and strong aqd. The Qur'an describes marriage as a "solemn covenant". (Nisa 4/21)
Since the marriage is a solemn covenant, it cannot be secret. The Prophet Muhammad (saw) drew attention to the difference between a haram relationship and a halal marriage, and stated that the marriage became valid only by an open declaration. (Tirmidhi, Nikah, 6) The marriage is announced in the presence of witnesses and announced to everyone. Thus, the legitimate union of two people is ensured without causing any misunderstanding in the society.
The marriage will not be secret, nor will it be temporary. Marriage cannot be made to continue for a certain period of time. Aisha (ra) reported that the practices in the Age of Ignorance regarding temporary marriage, also called nikah mut'ah, were abolished by Islam: “When Muhammad (saw) was sent with the Truth, he abolished all the types of marriages observed in pre-Islamic period of Ignorance except the type of marriage the people recognize today. (Bukhari, Nikah, 37)
Announcing the marriage is not sufficient to protect the rights of men and women. The marriage contract must also be legally recognized. Thus, mutual rights and responsibilities will be protected by law and marriage will be a solemn covenant as described by the Qur'an. For this reason, the couples who will get married should legally protect the responsibilities and rights that will arise by realizing the marriage contract in accordance with the legal system of the country they live in.
According to Islamic law, some personal and financial rights arise with the realization of marriage. The personal rights originated by the marriage are the men and women getting along well with each other and fulfilling their duties and responsibilities in accordance with the custom. (Baqarah, 2/228) Financial rights are mahr (bridewealth) and nafaqah (alimony). Nafaqah is the living expenses incurred by the man for his wife and children. (Baqarah, 2/233) Mahr is the property or money that a man gives or promises to give to a woman during marriage. In the verse, it is said: “And [lawful in marriage are] chaste women from among the believers and chaste women from among those who were given the Scripture before you, when you have given them their due compensation, desiring chastity, not unlawful sexual intercourse or taking [secret] lovers.”(Ma'idah, 5/5) The ability of the man to benefit from the given goods or money depends on the will of the woman. And give the women [upon marriage] their [bridal] gifts graciously. But if they give up willingly to you anything of it, then take it in satisfaction and ease. (Nisa, 4/4)
Today, marriages of convenience can be made for different reasons. Whatever the reason may be, such practices are not religiously correct, as they will infringe the rights of at least one of the parties and cause unrest and confusion in the society. These practices, especially made to gain an unfair right and advantage, are also considered sinful due to lies and forgery.
The couples who are going to get married should observe the principles of Islam such as privacy, entertainment and courtesy during the wedding ceremony. The principles of privacy, which must always be considered for men and women, should also be observed in wedding ceremonies, both in terms of clothing and behavior. It is also not right to make wasteful expenses during the ceremony to be held, and to make practices that exceed the catering etiquette for the purpose of showing off. While performing the halal marriage, care should be taken to ensure that the way and method are also halal.
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