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Nikah/Marriage

 
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arifparvaz



Joined: 29 Dec 2006
Posts: 18
Location: Mumbai, India

PostPosted: Mon Feb 18, 2008 1:26 am    Post subject: Nikah/Marriage Reply with quote

dear all salam,

what should be the process/method of nikah marriage in islam?

I am living in India suppose if I marrie according to Indian law special marriage act In indian court, can is it consider as a lawful marriage according to Islam?

Arif
India
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Arnold Yasin Mol
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PostPosted: Mon Feb 18, 2008 4:31 am    Post subject: Reply with quote

Salaam Arif,

The Quran gives specific guidelines on what the Marriage contract should consist of, the rules on divorce, your responsibilities (for example you taking care of the bills) and her responsibilities (for example her nursing the child for around 2 years).

That no violence can be used in the marriage. That she is your equal in Islam and in Life. That your household is run through consultation.

You must outline all of these agreements in your contract, and sign these with witnesses around. If the Indian court has a similair outline of marriage rules, or you can make up your own marriage contract under their rule.

Then the marriage is Islamic as it follows the Quranic laws on marriage.

As long as a system of the country where you live in doesn't completely contradict the Quranic laws, it can be considered to be similair to an Islamic rule on certain parts.

I hope this answers your question.
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abshoeb



Joined: 21 Dec 2006
Posts: 61

PostPosted: Mon Feb 18, 2008 9:40 am    Post subject: Reply with quote

Salam.

2:235 You do nothing wrong in announcing your engagement to (widowed or divorced) women or keeping it to yourselves. God knows that the community will think about them. But, never make a secret pledge or contract with them. Speak with them honorably and in recognized words. Do not tie the wedding knot nor sign the marital contract until the waiting period has ended. Know that God understands human psyche, and what is in your hearts. Take heed of Him and know that God is Forgiving, Clement.

Quranic Law is ‘Everyone has a right to make an earnest promise, or contract, or send an unambiguous proposal of betrothal before Nikah [wedlock] to the person of one’s choice. Two adults, a man and a woman, go through an adventure of intellectual conversation, discussing all pros and cons, face to face, about their expected binding relationship that Nikah or wedlock solemnizes.’

The above verse clearly elucidates the Khtubah of Nikah. However, the Iranian Aimmah fabricated their own kinds of Khtubah in the form of a prepared speech, delivered after Nikah, in order to rob the marrying couple a chance of getting together and understanding each other better through intelligent discourse, pertaining to various facets of life, after engagement and before wedlock. The irony of the situation is that the Muslim priesthood is following the tradition of the Aimmah blindly, even in the 21st century, and instead of giving freedom to the marrying couple to meet before marriage, is sticking to reading the same old speech after Nikah,

The Qur’an has specifically selected the word Khutbah for the process of verbal communication, discussion or discourse, as a forerunner to the eventual event of Nikah [wedlock], between the betrothed. It encompasses all sorts of detailed discussions or exchange of views between the couple, precluding any sort of sexual activity, which includes touching, feeling, or kissing.

In simplified term, Khutbah denotes the period during which two adults, a male and a female freely get together, go out for shopping, or eating, after they are affianced. The idea is to give them time for understanding each other better before marriage, with the proviso, they must always honor the prescribed limits imposed by the Qur’an.

The Muslim priesthood has misused the concept of Khutbah to make its presence essential at the time of Nikah. The worldwide Muslim Ummah acknowledges the fact that a marriage ceremony cannot be properly conducted without the presence of a member of the clergy. His attendance is essential to make it legal and binding, because he has to deliver the specific Khutbah of Nikah, without which the marriage ceremony remains unauthenticated. The couple has to be baptized in a Muslim way, following the Christians tradition.

Marriage is a contract between two consenting adults [a male and a female], who have just to declare their intention of living together, as husband and wife, in the presence of witnesses from a particular date, onwards.

Actually, he [the Mullah] is not required to be present at that function at all. They should sit face to face, as happens in a civil marriage, and accept each other in the presence of witnesses. A record of marriage should be kept on legal tender, with the signatures of the marrying couple and the witnesses, a copy of which should be dispatched to the Registrar of Marriages for registration.

Every marriage should be a civil marriage at home, instead of in the office of the Registrar of Marriages, without presence of any Mullah, because Al-Deen does not recognize any religious priests, as they did not exist during the time of Mohammad Rasulullah. They appeared in the fourth century Higra, along with eunuchs, Muslim mystics [Sufia] and mausoleums, all in negation to the tenets of the Qur’an.



Ali Bin Ali Alharbi (Al Madina)
Fee Amanillah
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UmeAimon



Joined: 28 Jan 2007
Posts: 141
Location: UAE

PostPosted: Wed Mar 05, 2008 1:29 am    Post subject: Reply with quote

Salam all,

That’s such a nice post brother Ali and as always so nice to read you. If only people starting understanding Quran this way, they’ll find what wonderful Deen Allah SWT has given us and all for our own good and ease.
Tell me how come a person like you is surviving in Saudi Arab? I am genuinely concerned. Do people around you know about your understandings?
Take care.

jazakAllah
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