Islam Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...

, nikah is a

contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...

between two people. Both the groom and the bride are to consent to the marriage of their own free wills. A formal, binding contract – verbal or on paper – is considered integral to a religiously valid Islamic marriage, and outlines the rights and responsibilities of the groom and bride.

Divorce in Islam Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife. The main traditional legal categories are ''talaq'' ( repudiation), ''khulʿ'' (mutual divorce or ransom divorce) Historically, the rules ...

can take a variety of forms, some executed by a husband personally and some executed by a religious court on behalf of a plaintiff wife who is successful in her legal divorce petition for valid cause. In addition to the usual marriage until death or divorce, there is a different fixed-term marriage known as ("temporary marriage") permitted only by the

Twelver Twelver Shīʿīsm ( ar, ٱثْنَا عَشَرِيَّة; '), also known as Imāmīyyah ( ar, إِمَامِيَّة), is the largest branch of Shīʿa Islam, comprising about 85 percent of all Shīʿa Muslims. The term ''Twelver'' refers t ...

branch of

Shi'ite Shīʿa Islam or Shīʿīsm is the second-largest branch of Islam. It holds that the Islamic prophet Muhammad designated ʿAlī ibn Abī Ṭālib as his successor (''khalīfa'') and the Imam (spiritual and political leader) after him, most n ...

for a pre-fixed period.Berg, H
"Method and theory in the study of Islamic origins"
Brill 2003 , 9789004126022. Accessed at Google Books 15 March 2014.Hughes, T
"A Dictionary of Islam."
Asian Educational Services 1 December 1995. Accessed 15 April 2014.Pohl, F
"Muslim world: modern Muslim societies"
Marshall Cavendish, 2010. , 1780761479277. pp. 47–53. There is also

Nikah Misyar A ''misyar marriage'' ( ar, زواج المسيار, nikah al-misyar or more often ''zawaj al-misyar'' "traveller's marriage") is a type of marriage contract allowed by some Sunni Muslims. The husband and wife thus joined are able to renounce s ...

, a non-temporary marriage with the removal of some conditions such as living together, permitted by some Sunni scholars.

Terminology

In Islamic law, marriage – or more specifically, the marriage contract – is called , which already in the Quran is used exclusively to refer to the contract of marriage.Vincent J. Cornell (2007), ''Voices of life: family, home, and society''. p. 59–60 (Marriage in Islam by Nargis Virani). In the Hans Wehr

Dictionary of Modern Written Arabic The ''Dictionary of Modern Written Arabic'' is an Arabic-English dictionary compiled by Hans Wehr and edited by J Milton Cowan. First published in 1961 by Otto Harrassowitz in Wiesbaden, Germany, it was an enlarged and revised English version of ...

, is defined as "marriage; marriage contract; matrimony, wedlock". (In some marriages in some predominantly Muslim cultures such as in Pakistani culture, there may be a delay between the ''nikkah'' and the actual enjoinment of the couple. This is called ''rukhsati'' in desi culture— i.e. when the wife leaves her family's home to move in with her husband, having been assured that her husband has obtained a good job and home and has received her ''

mahr In Islam, a mahr (in ar, مهر; fa, مهريه; tr, mehir; sw, mahari; also transliterated ''mehr'', ''meher'', ''mehrieh'', or ''mahriyeh'') is the obligation, in the form of money or possessions paid by the groom, to the bride at the time ...

.'' This should not be confused with Islamic tradition though, as it is a distinctly cultural practice). In Arabic-speaking countries, marriage is commonly called ''zawāj'' ( ar, زواج, from the Quranic term ''zawj'' ( ar, زوج), referring to a member of a pair), and this term has recently gained currency among Muslim speakers of other languages as well. The marriage contract is known by different names: Literary Arabic: ', "

matrimony Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...

contract"; ur, نکاح نامہ /

ALA-LC ALA-LC (American Library AssociationLibrary of Congress) is a set of standards for romanization, the representation of text in other writing systems using the Latin script. Applications The system is used to represent bibliographic information by ...

: '; bn, আকদ, ''akd''; fa, ازدواج "marriage" and or (, ) for the certificate. The marriage celebration may be called ''ʿurs / zawāj'' ( ar, زواج / عرس), ''ezdewaj/arusi'' (Persian), ''shaadi'' (Urdu), ''biye/biya'' (Bengali) or ''düğün'' (Turkish).

History

In Arabia before the advent of Islam in the 7th century CE, a variety of different marriage practices existed. The most common and recognized types of marriage at this time consisted of: marriage by agreement, marriage by capture, marriage by mahr, marriage by inheritance, and "Mot'a" or temporary marriage. In

Mesopotamia Mesopotamia ''Mesopotamíā''; ar, بِلَاد ٱلرَّافِدَيْن or ; syc, ܐܪܡ ܢܗܪ̈ܝܢ, or , ) is a historical region of Western Asia situated within the Tigris–Euphrates river system, in the northern part of the F ...

, marriages were generally monogamous, except among royalty, who would have harems consisting of wives and concubines. The Sasanian society followed Zoroastrianism, which viewed women to be possessions in marriage, although consent was required in both marriage and divorce. According to Islamic sources, most women in the pre-7th century

Arabia The Arabian Peninsula, (; ar, شِبْهُ الْجَزِيرَةِ الْعَرَبِيَّة, , "Arabian Peninsula" or , , "Island of the Arabs") or Arabia, is a peninsula of Western Asia, situated northeast of Africa on the Arabian Plate. ...

had little control over their marriages. They were rarely bound by contract for marriage or custody of children and their consent was rarely sought. Women were seldom allowed to divorce their husbands and their view was not regarded for either a marriage or divorce. However, in the transitional age from non-Islamic to Islamic society, elite women could divorce and remarry without stigma. They were given the power to negotiate the terms of their marriage contract, and could even initiate divorce.

Reforms with Islam

Muhammad Muhammad ( ar, مُحَمَّد; 570 – 8 June 632 Common Era, CE) was an Arab religious, social, and political leader and the founder of Islam. According to Muhammad in Islam, Islamic doctrine, he was a prophet Divine inspiration, di ...

had reformed the laws and procedures of the common marriage practices that existed during his prophethood. The rules of "marriage by agreement (marriage through consent)" were reformed and a strict set of rules and regulations were put in place. The practice of "marriage by inheritance" was forbidden. Several chapters and verses from the

Quran The Quran (, ; Standard Arabic: , Classical Arabic, Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation in Islam, revelation from God in Islam, ...

were revealed which banned such practices. Under the Arabian ''

Jahiliyyah The Age of Ignorance ( ar, / , "ignorance") is an Islamic concept referring to the period of time and state of affairs in Arabia before the advent of Islam in 610 CE. It is often translated as the "Age of Ignorance". The term ''jahiliyyah'' ...

'' law, Islamic sources allege that no limitations were set on men's rights to marry or to obtain a divorce.Khadduri (1978) Islamic law limited men to four wives at one time, not including concubines. ( Quran 4:3) Esposito (2005) p. 79 The institution of marriage was refined into one in which the woman was somewhat of an interested partner. 'For example, the

dowry A dowry is a payment, such as property or money, paid by the bride's family to the groom or his family at the time of marriage. Dowry contrasts with the related concepts of bride price and dower. While bride price or bride service is a payment b ...

, previously regarded as a

bride-price Bride price, bride-dowry (Mahr in Islam), bride-wealth, or bride token, is money, property, or other form of wealth paid by a groom or his family to the woman or the family of the woman he will be married to or is just about to marry. Bride dow ...

paid to the father, became a nuptial gift retained by the wife as part of her personal property' Under Islamic law, marriage was no longer viewed as a "status" but rather as a "contract". The essential elements of the marriage contract were now an offer by the man, an acceptance by the woman, and the performance of such conditions as the payment of dowry. The woman's consent, given either actively or by silence, was required. Furthermore, the offer and acceptance had to be made in the presence of at least two witnesses.Esposito (2004), p. 339

Encouragement

As in many religions, marriage is encouraged in Islam, family life is considered a "blessing" and a source of stability. One source lists five Quranic verses (Q.24:32, 25:74, 40:8, 30:21, 5:5) encouraging marriage to "discourage immorality". A BBC page for GCSE WJEC (secondary education) religious studies states, "For Muslims, marriage was created by Allah to provide a foundation for family life and the whole of society."

Conditions

Islamic marriages require acceptance (, ), of the groom, the bride and the consent of the custodian () of the bride. The wali of the bride is normally a male relative of the bride, preferably her father. The wali can only be a free

Muslim Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...

, unless the bride is of the Christian or Jewish faith; in such cases the bride should be given away by someone from her religious background.The Encyclopaedia of Islam, New Edition, Vol. VIII, p. 27, Leiden 1995. The bride is normally present at the signing of the marriage contract. The () is a technical term of Islamic law which denotes the guardian of a bride. In traditional Islam, the literal definition of , which means "custodian" or "protector", is used. In this context, it is meant that the silence of the bride is considered consent. In most schools of

Islamic law Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the ...

, only the father or the paternal grandfather of the bride can be . If the conditions are met and a and contract are agreed upon, an Islamic marriage ceremony, or wedding, can take place. The marital contract is also often signed by the bride. The consent of the bride is mandatory. The Islamic marriage is then declared publicly, in ( ar, إِعْلَان), by a responsible person after delivering a sermon to counsel and guide the couple. It is not required, though customary, that the person marrying the couple should be religiously well-founded in knowledge. The bridegroom can deliver the sermon himself in the presence of representatives of both sides if he is religiously educated, as the story goes about Imam Muhammad bin Ali around 829 AD. It is typically followed by a celebratory reception in line with the couple's or local customs, which could either last a couple of hours or precede the wedding and conclude several days after the ceremony. Quran 24:33 tells believers to keep their chastity if they do not marry. Quran 24:32 asserts that marriage is a legitimate way to satisfy one's sexual desire.Q24:32
50+ translations, islamawakened.com Islam recognizes the value of sex and companionship and advocates marriage as the foundation for families and channeling the fulfillment of a base need. Marriage is highly valued and regarded as being half of one's faith, according to a saying of

. Whether marriage is obligatory or merely allowed has been explored by several scholars, and agreed that "If a person has the means to marry and has no fear of mistreating his wife or of committing the unlawful if he does marry, then marriage in his case is (preferred)."

Prerequisites

There's are several conditions for an Islamic marriage to take place: * A marriage should be conducted through a contract and a mandatory sum of wealth provided to the bride, which here refers to the . Once a has been ascertained with the realization that it is an obligation of a Muslim husband, the groom is required to pay it to the bride at the time of marriage unless he and his bride can mutually agree to delay the time of some of its payment. In 2003, Rubya Mehdi published an article in which the culture of mahr among Muslims was thoroughly reviewed. There is no concept of

as such in Islam. A dowry as such is a payment to the groom from the bride's family and is not an Islamic custom. Bride prices are also expressly prohibited. * Another requisite of marriage is chastity. No fornicator has the right to marry a chaste partner except if the two purify themselves of this sin by sincere repentance. * Marriage is permitted for a man with a chaste woman either Muslim or from the

People of the Book People of the Book or Ahl al-kitāb ( ar, أهل الكتاب) is an Islamic term referring to those religions which Muslims regard as having been guided by previous revelations, generally in the form of a scripture. In the Quran they are ident ...

(Arabic Ahl al Kitab,

Jews Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...

Sabians The Sabians, sometimes also spelled Sabaeans or Sabeans, are a mysterious religious group mentioned three times in the Quran (as , in later sources ), where it is implied that they belonged to the 'People of the Book' (). Their original ident ...

and

Christians Christians () are people who follow or adhere to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. The words ''Christ'' and ''Christian'' derive from the Koine Greek title ''Christós'' (Χρι ...

) but not to polytheists (or "idolaters": Yusuf Ali translation or "idolatresses": Pickthall translation). For women, marriage to

is not explicitly stated as permissible. * Spoken consent of the woman is only required if she is not a virgin and her is neither her father nor her paternal grandfather. But a virgin may not be married off without her permission. If she is too shy to express her opinion her silence will be considered as implicit agreement l Bukhari:6968 Binti Khudham says that when she became a widow her father solemnized her marriage. She did not like the decision so she went to Muhammad, who gave her permission to revoke her marriage. Hence, forced marriages are against Islamic teachings, and those forced into marriages before they have come of age have the right to contest them once they do. * The importance of the

wali A wali (''wali'' ar, وَلِيّ, '; plural , '), the Arabic word which has been variously translated "master", "authority", "custodian", "protector", is most commonly used by Muslims to indicate an Islamic saint, otherwise referred to by the ...

is debated between the different schools of thought. To the

Hanafi The Hanafi school ( ar, حَنَفِية, translit=Ḥanafiyah; also called Hanafite in English), Hanafism, or the Hanafi fiqh, is the oldest and one of the four traditional major Sunni schools ( maddhab) of Islamic Law (Fiqh). It is named aft ...

Sunnis Sunni Islam () is the largest Islamic schools and branches, branch of Islam, followed by 85–90% of the world's Muslims. Its name comes from the word ''Sunnah'', referring to the tradition of Muhammad. The differences between Sunni and Shia ...

, a male guardian is not required for the bride to become married, even if it is her first marriage. Therefore, the marriage contract is signed between the bride and the groom, not the groom and the wali. To the

Hanbali The Hanbali school ( ar, ٱلْمَذْهَب ٱلْحَنۢبَلِي, al-maḏhab al-ḥanbalī) is one of the four major traditional Sunni schools (''madhahib'') of Islamic jurisprudence. It is named after the Arab scholar Ahmad ibn Hanbal ...

Shafi'i The Shafii ( ar, شَافِعِي, translit=Shāfiʿī, also spelled Shafei) school, also known as Madhhab al-Shāfiʿī, is one of the four major traditional schools of religious law (madhhab) in the Sunnī branch of Islam. It was founded by ...

, and

Maliki The ( ar, مَالِكِي) school is one of the four major schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas in the 8th century. The Maliki school of jurisprudence relies on the Quran and hadiths as primary ...

Sunni schools, a is required in order for a virginal woman to marry. In these schools, if a woman has been divorced, she becomes her own guardian and does not need a to sign a marriage contract.

Rights and obligations of spouses

According to Islam, both men and women have rights over each other when they enter into a marriage contract, with the husband serving as protector and supporter of the family most of the time, from his means. This guardianship has two aspects for both partners: * According to one interpretation, the husband must be financially responsible for the welfare and maintenance of his wife or wives and any children they produce, to include at a minimum, providing a home, food, and clothing. In return, it is the duty of the wife to safeguard the husband's possessions and protect how wealth is spent. If the wife has wealth in her own capacity she is not obliged to spend it upon the husband or children, as she can own property and assets in her own right, so the husband has no right for her property and assets except by her wishes. A pre-marital agreement of the financial expectation from the husband is in the , given by him to the wife for her exclusive use, which is included as part of his financial responsibility. Several commentators have stated that the superiority of a husband over his wife is relative, and the obedience of the wife is also restrictive. Women are also reminded that in case the husband is not fulfilling his responsibilities, there is no stigma on them in seeking

divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...

. The Quran re-emphasizes that justice for the woman includes emotional support, and reminds men that there can be no taking back of the or bridal gifts given to women unless they are found guilty of sexual immorality . In cases where the agreement was to postpone payment of the , some husbands will pressure their wives and insist on the return of what he gave her in order to agree to the dissolution of the marriage. "Where the husband has been abusive or neglectful of his responsibilities, he does not have the right to take his wife's property in exchange for her freedom from him. Unfortunately, most couples refuse to go to the judge and binding arbitration for these issues even though the Quran says:

" And if you fear a breach between them, then appoint an arbiter from his folk and an arbiter from her folk. If they (the arbiters) desire reconciliation, Allah will affect it between them. Surely, Allah is All-Knowing, All-Aware."

Mahr, dowry and gifts

(''donatio propter nuptias'') differs from a marriage dowry or gift, in that it is mandatory for a Muslim marriage and is paid by the groom to the bride. The amount of money or possessions of the is paid by the groom to the bride at the time of marriage for her exclusive use. The does not have to be money, but it must have monetary value. Therefore, "it cannot be love, honesty, being faithful, etc., which are anyway traits of righteous people." If the marriage contract fails to contain an exact, specified mahr, the husband must still pay the wife a judicially determined sum. is mentioned several times in the Quran and Hadith, and there is no maximum limit to the amount the groom may pay as , but at a minimum it is an amount that would be sufficient for the woman to be able to survive independently if her husband dies or they divorce. With prior mutual agreement, the mahr may also be paid in parts to the bride with an amount given by the groom to the bride at the signing of the marriage contract, also called a (in ar, مقدم, translation=forepart presented), and the later portion postponed to a date during the marriage, also called a (in ar, مؤخر, translation=delayed). Various Romanized transliterations of and are accepted. Such an agreement does not make the full amount of the mahr any less legally required, nor is the husband's obligation to fulfill the agreement waived or lessened while he fulfills his obligations to reasonably house, feed, or cloth the wife (and any children produced from the union) during the marriage. Quran :4"You shall give the women their due dowries, equitably." Quran :5"Today, all good food is made lawful for you. The food of the people of the scripture is lawful for you. Also, you may marry the chaste women among the believers, as well as the chaste women among the followers of previous scripture, provided you pay them their due dowries. You shall maintain chastity, not committing adultery, nor taking secret lovers. Anyone who rejects faith, all his work will be in vain, and in the Hereafter he will be with the losers." Quran 0:10"O you who believe, when believing women (abandon the enemy and) ask for asylum with you, you shall test them. GOD is fully aware of their belief. Once you establish that they are believers, you shall not return them to the disbelievers. They are not lawful to remain married to them, nor shall the disbelievers be allowed to marry them. Give back the dowries that the disbelievers have paid. You commit no error by marrying them, so long as you pay them their due dowries. Do not keep disbelieving wives (if they wish to join the enemy). You may ask them for the dowry you had paid, and they may ask for what they paid. This is GOD's rule; He rules among you. GOD is Omniscient, Most Wise."

Marriage contracts and forced/un-consented marriages

The

marriage contract ''Marriage Contract'' () is a 2016 South Korean television series starring Lee Seo-jin and Uee. It aired on MBC from March 5 to April 24, 2016 on Saturdays and Sundays at 22:00 for 16 episodes. Plot Kang Hye-soo (Uee) is a single mother who ...

is concluded between the ''

'' (guardian) of the bride and the bridegroom and bride. The ''wali'' of the bride can only be a free

. The ''wali'' of the bride is normally a male relative of the bride, preferably her father. According to most scholars, if the bride is a

virgin Virginity is the state of a person who has never engaged in sexual intercourse. The term ''virgin'' originally only referred to sexually inexperienced women, but has evolved to encompass a range of definitions, as found in traditional, modern ...

, the '' wali mujbir'' can not force the bride into the marriage against her proclaimed will. Furthermore, according to

Khomeini Ruhollah Khomeini, Ayatollah Khomeini, Imam Khomeini ( , ; ; 17 May 1900 – 3 June 1989) was an Iranian political and religious leader who served as the first supreme leader of Iran from 1979 until his death in 1989. He was the founder of ...

and

Ali al-Sistani Ali al-Husayni al-Sistani ( ar, علي الحسيني السيستاني; fa, , Ali-ye Hoseyni-ye Sistāni; born 4 August 1930), commonly known as Ayatollah Sistani, is an Iranian–Iraqi Twelver Shia Ayatollah and marja'. He has been described ...

, both of whom are Shi'ite scholars (having the degrees

mujtahid ''Ijtihad'' ( ; ar, اجتهاد ', ; lit. physical or mental ''effort'') is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a le ...

and

marja' Marji ( ar, مرجع, transliteration: ''marjiʿ''; plural: ''marājiʿ''), literally meaning "source to follow" or "religious reference", is a title given to the highest level of Twelver Shia authority, a Grand Ayatollah with the authority giv ...

), and also almost all contemporary scholars, the marriage is invalid without the bride's free consent and no obligation can make marriage official and legal. A notable example of this is the Hanafi school (the largest of the four classical schools of Islamic thought), which holds that a bride's permission is required if she has reached puberty. They also hold that if a bride was forced into marriage before reaching puberty, then upon attaining puberty she has the option to nullify the marriage if she wishes. A ''wali'' other than the father or the paternal grandfather of the bride, then called ''wali mukhtar'', needs the consent of the bride. If the bride is silent about the issue, i.e. her ''wali'' expressed his intention to marry her off to a certain man, and she did not object to it, then consent is assumed via her lack of objection.''

Encyclopaedia of Islam The ''Encyclopaedia of Islam'' (''EI'') is an encyclopaedia of the academic discipline of Islamic studies published by Brill. It is considered to be the standard reference work in the field of Islamic studies. The first edition was published in ...

'' New Edition, Leiden 1995, tome 8, page 27 b, article Nikāḥ: "The ''wali'' can only give the bride in marriage with her consent, but in the case of a virgin, silent consent is sufficient. The father or the grandfather, however, has the right to marry his daughter or granddaughter against her will, as long as she is a virgin (he is therefore called wali mudjbir, wali with power to coercion); the exercise of this power is, however, very strictly regulated in the interests of the bride." Abu Hurayrah reported that the Prophet said: "A non-virgin woman may not be married without her command, and a virgin may not be married without her permission; and it is permission enough for her is to remain silent (because of her natural shyness)." (Al-Bukhari:6455, Muslim & Others). It is reported in a

Hadith Ḥadīth ( or ; ar, حديث, , , , , , , literally "talk" or "discourse") or Athar ( ar, أثر, , literally "remnant"/"effect") refers to what the majority of Muslims believe to be a record of the words, actions, and the silent approval ...

that

A'ishah Aisha ( ar, , translit=ʿĀʾisha bint Abī Bakr; , also , ; ) was Muhammad's third and youngest wife. In Islamic writings, her name is thus often prefixed by the title "Mother of the Believers" ( ar, links=no, , ʾumm al- muʾminīn), referr ...

related that she asked the Prophet : "In the case of a young girl whose parents marry her off, should her permission be sought or not?" He replied: "Yes, she must give her permission." She then said: "But a virgin would be shy, O Messenger of Allaah!" He replied: "Her silence is onsidered asher permission." (Al-Bukhari, Muslim, & Others)

International human rights responses

Children in some Muslim sub-cultures who defy their parents' wishes may in practice, suffer penalties supported by the community. International awareness, campaigns and organizations such as the U.K.'
Forced Marriage Unit
have recognized the severity of this human rights issue and their rescue and support services extend beyond the borders of U.K. territories. Some countries have instituted prison time for parents who try to coerce their children into such unions.

Divorce

Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife. The theory and practice of divorce in the Islamic world have varied according to time and place. Historically, the rules of divorce were governed by the

Sharia Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...

, as interpreted by traditional Islamic jurisprudence, and they differed depending on the legal school. Historical practice sometimes diverged from legal theory. In modern times, as personal status (family) laws were codified, they generally remained "within the orbit of Islamic law", but control over the norms of divorce shifted from traditional jurists to the state. Hanafi/Ottoman rules on divorce were fragile and complex. The husband in repudiating his wife could declare an irrevocable or revocable divorce. The irrevocable divorce was immediate and the women could not be remarried until after a specific waiting period. An example of a waiting period would be having to wait for three menstrual circles from the time of the divorce. Or, if the husband died, the woman must wait four months and ten days after his death. If the woman was pregnant, she must wait until after the child is born. If the divorce was revocable, the divorce is not final until after the waiting period. However, they could remarry if it was a revocable divorce. Many couples did get remarried after a revocable divorce. The women's ability to divorce was much different and much more limited. If the woman finds out the husband has some disease or is impotent, the judge gives the husband a year to consummate the marriage before divorce is allowed. Also, the women can divorce by using the "option of puberty" in which the women would have to provide witnesses of the menstrual blood. Finally, a woman could use the "hul", which is a Turkish word, for divorce. This is when the woman asks the husband for a divorce and he repudiates her for consideration. After that, essentially it is trading property for the person. The Qur'an encourages cooperation in marriage, this is done by giving specific rules to follow. One verse says "Consort with them honorably; or if you are averse to them, it is possible you may be averse to a thing, and God set in it much good". Divorce could lead to women losing their morality or purity if certain values were not followed correctly. The Qur'an exemplifies that divorce is not meant to be the man getting back at the woman. It is to allow the man and the women to peacefully spit up for the good of each other. They also allow for multiple remarriages between the same couple. The couple can divorce and get back together up to two times but after the second remarriage, the divorce is final and there are not more remarriages allowed. To revisit the rights of divorcing and who has them and does not have them, the reason the man typically gets the right to divorce is that his judgment is thought to be more balanced than the woman. Again, the only reason the woman can ask for a divorce is if there is something significantly wrong with the man. Divorce was supposed to be reserved for last case scenarios and not something that was used for harm. The Qur'an says "Divorce must be pronounced twice and then (a woman) must be retained in honor or released in kindness", which exemplifies that it was supposed to be honorable for both man and woman if it needed to be done. It was not taken lightly and it was a big decision on both party's part.

Prohibited marriages

In certain sections of the ''Jahiliyyah'' Arab tradition, the son could inherit his deceased father's other wives (i.e. not his own mother) as a wife. The Quran prohibited this practice. Marriage between people related in some way is subject to prohibitions based on three kinds of relationship. The following prohibitions are given from the male perspective for brevity; the analogous counterparts apply from the female perspective; e.g., for "aunt" read "uncle". The Quran states:

Prohibitions based on consanguinity

Seven relations are prohibited because of

consanguinity Consanguinity ("blood relation", from Latin '' consanguinitas'') is the characteristic of having a kinship with another person (being descended from a common ancestor). Many jurisdictions have laws prohibiting people who are related by blood fr ...

, i.e. kinship or relationship by blood, viz. mothers, daughters, sisters, paternal aunts, maternal aunts, and nieces (whether sister's or brother's daughters). In this case, no distinction is made between full and half relations, both being equally prohibited. Distinction is however made with step relations i.e. where both the biological mother and father of a couple wishing to marry are separate individuals for both parties, in which case it is permitted. The word "mother" also connotes the "father's mother" and "mother's mother" all the way up. Likewise, the word "daughter" also includes the "son's daughter" and "daughter's daughter" all the way down. The sister of the maternal grandfather and of the paternal grandmother (great aunts) are also included on an equal basis in the application of the directive.

Prohibitions based on suckling

Marriage to what is sometimes described as foster relations in English are not permitted, although the concept of "

fosterage Fosterage, the practice of a family bringing up a child not their own, differs from adoption in that the child's parents, not the foster-parents, remain the acknowledged parents. In many modern western societies foster care can be organised by th ...

" is not the same as is implied by the English word. The relationship is that formed by suckling from the breast of a

wet nurse A wet nurse is a woman who breastfeeds and cares for another's child. Wet nurses are employed if the mother dies, or if she is unable or chooses not to nurse the child herself. Wet-nursed children may be known as "milk-siblings", and in some cu ...

. This is what is meant by "fosterage" in Islam in the quotation below. In Islam, the infant is regarded as having the same degree of affinity to the wet nurse as in consanguinity, so when the child grows up marriage is prohibited to those related to the wet nurse by the same degree as if to the child's own mother. A ''

hadith Ḥadīth ( or ; ar, حديث, , , , , , , literally "talk" or "discourse") or Athar ( ar, أثر, , literally "remnant"/"effect") refers to what the majority of Muslims believe to be a record of the words, actions, and the silent approval ...

'' (reports) confirm that fosterage does not happen by a chance suckling, it refers to the first two years of a child's life before it is weaned. Islahi writes that "this relationship is established only with the full intent of those involved. It only comes into being after it is planned and is well thought of".

Prohibitions based on marriage

The daughter-in-law is prohibited for the father, and the mother-in-law, the wife's daughter, the wife's sister and daughters of the wife's siblings (nieces), the maternal and paternal aunts of the wife are all prohibited for the husband. However, these are conditional prohibitions: # Only the daughter of that wife is prohibited with whom one has had conjugal contact. # Only the daughter-in-law of a real son is prohibited. # The sister of a wife, her maternal and paternal aunts, and her brother's or sister's daughters (nieces) are only prohibited if the wife is in wedlock with the husband.

Prohibition based on religion

The Quran states:

Interfaith marriage Interfaith marriage, sometimes called a "mixed marriage", is marriage between spouses professing different religions. Although interfaith marriages are often established as civil marriages, in some instances they may be established as a religiou ...

s are recognized between Muslims and Non-Muslim

(usually enumerated as

, and

). Historically, in

Islamic culture Islamic culture and Muslim culture refer to cultural practices which are common to historically Islamic people. The early forms of Muslim culture, from the Rashidun Caliphate to the early Umayyad period and the early Abbasid period, were predomi ...

and traditional Islamic law Muslim women have been forbidden from marrying Christian or Jewish men, whereas Muslim men have been permitted to marry Christian or Jewish women. It is lawful for Muslim men to marry Jewish or Christian women but not a polytheist woman ( Quran 5:5).

Prohibited marriage partners

* Marriage between people of the same sex * Marriage between a man and his sister, half-sister, foster sister, mother, stepmother, foster mother, wife's mother, aunt, grandmother, great aunt, great-grandmother, etc. * Marriage between a woman and her father, stepfather, husband's biological father, uncle, grandfather, great uncle, great-grandfather, etc. * Marriage of a man with women who are sisters or stepsisters or foster sisters of each other (except if marrying one who was separated from her husband by divorce or death) *Marriage of a man with women who are sisters or stepsisters of his mother or father.

Polygamy

According to the

(Law), Muslims are allowed to practice

polygyny Polygyny (; from Neoclassical Greek πολυγυνία (); ) is the most common and accepted form of polygamy around the world, entailing the marriage of a man with several women. Incidence Polygyny is more widespread in Africa than in any o ...

. According to the Quran, a man may have up to four legal wives only if there is a fear of being unjust to non-married orphan girls. Even then, the husband is required to treat all wives equally. If a man fears that he will not be able to meet these conditions then he is not allowed more than one wife. A bride-to-be may include terms in her marriage contract that require

monogamy Monogamy ( ) is a form of dyadic relationship in which an individual has only one partner during their lifetime. Alternately, only one partner at any one time (serial monogamy) — as compared to the various forms of non-monogamy (e.g., polyga ...

for her husband or require her consent before he marries another wife.

Sororal polygyny

Sororal polygyny Polygyny (; from Neoclassical Greek πολυγυνία (); ) is the most common and accepted form of polygamy around the world, entailing the marriage of a man with several women. Incidence Polygyny is more widespread in Africa than in any ...

is forbidden. A man cannot marry: * two sisters * a woman and a descendant of her sibling * a woman and sibling of her ancestor

Iddah

A woman cannot marry after divorce or the death of her husband for a certain period. This period is known as

iddah In Islam, ''iddah'' or ''iddat'' ( ar, العدة, al-ʿidda; "period of waiting") is the period a woman must observe after the death of her husband or after a divorce, during which she may not marry another man. One of its main purposes is to re ...

. * A divorcee cannot marry for three menstrual cycles after divorce * A divorcee who has no courses cannot marry for three months * A pregnant woman cannot marry until she gives birth * A widow cannot remarry for four lunar months and ten days

Modern implementations

In today's world, Muslims practice Islamic marital laws in a multitude of ways all over the globe. In the United States, for example, 95% of Muslim American couples included in a 2012 study by the Institute for Social Policy and Understanding had completed both the Nikkah and had obtained a civil marriage license, which is required to have a marriage legally recognized in the United States. The study also shares that “In some cases, the Islamic marriage contract is completed once the couple has decided to get married, but cohabitation occurs later after the wedding reception. In other cases, the Islamic marriage contract is completed simultaneously with the civil marriage and is followed immediately by the wedding reception.” There is ongoing debate about whether or not Sharia should be recognized in western countries like the United States and Australia that would allow for the Nikkah to be recognized as a legally valid marriage. There are also other elements to the Islamic marriage rituals that have difficulty being acknowledged in courts, according to the study, including the Mahr, or the dowry. Women who are denied their dowry do not have a clear path to legal contestation in either the US or Canada. Studies have also shown that even young Muslim Americans who might describe themselves as "not very religious" embrace the rituals of their faith at important moments of transition – birth, death, and marriage. These occasions motivate reaffirmation of emotional and behavioral touchstones, even for those who do not practice their faith by attending mosque, praying or fasting regularly. When it comes to divorce, the 2014 study conducted by the Institute for Social Policy and Understanding states that, "Two divorce rates commonly cited for American Muslims include 32.33% and 21.3%, respectively." Within the United States and Canada, many Muslim couples interviewed in the study mention that they value a religious divorce and its proceedings. Some turn to religious figures to help them navigate the divorce process, while many still go through the courts to terminate the civil marriage. Divorced Muslim women today also face the stigmas associated with being divorced within the North American Muslim community that can make it difficult for them seek remarriage. Gender roles and ideas about marriage have also shifted since the early onset of Islam when many of the rules around marriage were established. ISPU reports that "the most frequent source of marital conflict in this study was conflict over changing gender roles and expectations," citing a nation-wide increase in women in higher education and professional jobs over the past three decades, and says that they “In many cases are trying to integrate childrearing and family life with professional goals”. In March 2017, Salamet Memetimin, an ethnic Uyghur and the

Communist Party A communist party is a political party that seeks to realize the socio-economic goals of communism. The term ''communist party'' was popularized by the title of ''The Manifesto of the Communist Party'' (1848) by Karl Marx and Friedrich Engels. A ...

secretary for Chaka township's Bekchan village in

Qira County Qira County ( Uyghur: ), alternatively Chira or Cele (from Mandarin Chinese), is a county in Hotan Prefecture, Xinjiang Uyghur Autonomous Region, China. Almost all the residents of the county are Uyghurs and live around oases situated between the ...

Hotan Prefecture Hotan PrefectureThe official spelling is "Hotan" according to (also known as Gosthana, Gaustana, Godana, Godaniya, Khotan, Hetian, Hotien) is located in the Tarim Basin region of southwestern Xinjiang, China, bordering the Tibet Autonomous Region ...

Xinjiang Xinjiang, SASM/GNC: ''Xinjang''; zh, c=, p=Xīnjiāng; formerly romanized as Sinkiang (, ), officially the Xinjiang Uygur Autonomous Region (XUAR), is an autonomous region of the People's Republic of China (PRC), located in the northwest ...

, China, was relieved of her duties for taking her nikah marriage vows at her home. In interviews with ''

Radio Free Asia Radio Free Asia (RFA) is a United States government-funded private non-profit news service that broadcasts radio programs and publishes online news, information, and commentary for its audiences in Asia. The service, which provides editoriall ...

'' in 2020, residents and officials of

Shufu County Shufu County, also transliterated from Uyghur as Konaxahar County or Konasheher County/Kona Sheher County, is a county in Kashgar Prefecture, Xinjiang Uyghur Autonomous Region, China. It contains an area of . According to the 2002 census, it ha ...

(Kona Sheher),

Kashgar Prefecture Kashgar Prefecture, also known as Kashi Prefecture, is located in southwestern Xinjiang, China, located in the Tarim Basin region (roughly the southern half of Xinjiang). It has an area of and 4,499,158 inhabitants at the 2015 census with a pop ...

(Kashi) stated that it was no longer possible to perform traditional Uyghur nikah marriage rites in the country.