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Islamic marital jurisprudence
In Islamic law (sharia), marriage (Arabic: نكاح, romanized: nikāḥ) is a legal and social contract between a man and a woman. In the religion of Islam it is generally strongly recommended that adherents marry, and there are many hadith recommending marriage in general, but depending on the circumstances, Islamic holy law (sharia) may require, encourage, discourage or forbid a Muslim to marry.
A nikāḥ marriage has a number of requirements and restrictions under shariah. Amongst them are that a gift known as a mahr be given by the groom to the bride; that there be no coercion in the union but that the bride, groom and guardian for the bride (wali), give their legal consent to the marriage; that there be two witnesses from each side to the signing or accepting of the contract; that the bride and groom not be of the same gender, not be brother and sister, mother or father, aunt or uncle, or other close relatives, but may be cousins, including first cousins; that the man not have more than four wives at any one time, and the woman more than one husband.
Many Muslim activists urge Muslims to marry. There are many hadith recommending marriage as long as a (Muslim) man can afford it, and some that encourage marriage even if he has trouble affording it.
According to scholars such as Sheikh Sayyed Sabiq and Al-Qurtubi (1214–1273) and according to the consensus of scholars (according to Islamweb),
One school of fiqh — that of literalist school founded by Dawud al-Zahiri (aka Dhaahiri fiqh) — holds that marriage is "farḍ al-'ayn — an absolute and individual obligation" — poverty notwithstanding. Among other sources, they cite as evidence this Qur'anic verse:
In Sunni Islam two witnesses from both sides are necessary for the contract to be valid.
According to Hanafi Fiqh by DarulUloomTT.net, there must be two male witnesses or one male and two females; they must be Muslims who have reached the age of puberty and are of sound mind. According to Hanafi school of fiqh of Mufti Ebrahim Desai of Askimam.org, the witnesses must be "two trustworthy and pious male Muslims" who are not the brides ascendants, (such as father, grandfather) or descendants (e.g. son, grandson, etc.).
In Shia Islam (aka Imamiyyah Islam), according to Muhammad Juwwad Mughniyyah, witnesses to a marriage are not wajib (required) but only mustahabb (recommended).
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Islamic marital jurisprudence
In Islamic law (sharia), marriage (Arabic: نكاح, romanized: nikāḥ) is a legal and social contract between a man and a woman. In the religion of Islam it is generally strongly recommended that adherents marry, and there are many hadith recommending marriage in general, but depending on the circumstances, Islamic holy law (sharia) may require, encourage, discourage or forbid a Muslim to marry.
A nikāḥ marriage has a number of requirements and restrictions under shariah. Amongst them are that a gift known as a mahr be given by the groom to the bride; that there be no coercion in the union but that the bride, groom and guardian for the bride (wali), give their legal consent to the marriage; that there be two witnesses from each side to the signing or accepting of the contract; that the bride and groom not be of the same gender, not be brother and sister, mother or father, aunt or uncle, or other close relatives, but may be cousins, including first cousins; that the man not have more than four wives at any one time, and the woman more than one husband.
Many Muslim activists urge Muslims to marry. There are many hadith recommending marriage as long as a (Muslim) man can afford it, and some that encourage marriage even if he has trouble affording it.
According to scholars such as Sheikh Sayyed Sabiq and Al-Qurtubi (1214–1273) and according to the consensus of scholars (according to Islamweb),
One school of fiqh — that of literalist school founded by Dawud al-Zahiri (aka Dhaahiri fiqh) — holds that marriage is "farḍ al-'ayn — an absolute and individual obligation" — poverty notwithstanding. Among other sources, they cite as evidence this Qur'anic verse:
In Sunni Islam two witnesses from both sides are necessary for the contract to be valid.
According to Hanafi Fiqh by DarulUloomTT.net, there must be two male witnesses or one male and two females; they must be Muslims who have reached the age of puberty and are of sound mind. According to Hanafi school of fiqh of Mufti Ebrahim Desai of Askimam.org, the witnesses must be "two trustworthy and pious male Muslims" who are not the brides ascendants, (such as father, grandfather) or descendants (e.g. son, grandson, etc.).
In Shia Islam (aka Imamiyyah Islam), according to Muhammad Juwwad Mughniyyah, witnesses to a marriage are not wajib (required) but only mustahabb (recommended).