Integral Parts and Condition for Validity of Marriage
All praise is due to Allah and May His Peace and Blessings be upon the Last Prophet Muhammad (pbuh) and all those who follow the path of righteousness until the Last Day.
As one matures physically, sexual desires develop in the individual and gradually both girls and boys start getting attracted to each other, which slowly develops into some sort of psychological pressure. This natural and undirected emotion gradually seeks solace in whatever form possible. Unfortunately, more often than not, it results in the youngsters deviating from the right path and indulging in some unwanted and undesired habits. Before becoming victims of ill-directed lust, it is better for them to get married and settle down.
But in society there are some people who are strongly against early marriage and they try their best to stop youngsters from marrying early. They brings many objections to stop that marriage.
Maryam is 16 years old and Mustafa is two years younger than her. Mustafa has a desire to marry Maryam and through his father proposes to her in the presence of both her parents. Maryam accepts the proposal and after a week the nikah is conducted by her brother who is an Imam at the local masjid. After a week a guy called Blessing comes and says the nikah between Maryam and Mustafa is invalid for the following reasons
Mustafa is younger than Maryam
Maryam hasn’t reached 18 years
the nikah was conducted by her brother
the nikah was conducted via skype.
Let’s verify the objections made by Blessing first.
Objection 1: Mustafa is younger than Maryam
There is nothing wrong with a man marrying someone who is two years older than him, if she is religiously committed and of good character. The Prophet (ﷺ) married Khadeejah bint Khuwaylid (ra) and she was fifteen years older than him. The Prophet (ﷺ) was 25 years old, and Khadeejah (ra) was 40.
Objection 2: Maryam hasn’t reached 18 years
Islam does not give a specific age for marriage, either for the husband or for the wife. The Prophet (ﷺ) married Aisha (ra) when she was six years old and the marriage was consummated when she was nine years old. Narrated by al-Bukhaari (4840) and Muslim (1422).
Objection 3: The nikah was conducted by her brother
There is no prohibition on conducting marriage of sister when all the obligatory conditions are fulfilled. And as he is Imam of at the local mosque then he is very much qualified to do this job.
Objection 4: The nikah was conducted via skype
Regarding marriage via skype, the most correct view with regard to this matter is that it is permissible to do the marriage contract over skype, if there is no danger of tampering, the identity of the husband and wali is proven, and the two witnesses can hear the proposal and acceptance. This is opinion of Sheikh Ibn Baaz (r). (IslamQA)
So, we can see that the objections are not valid and not acceptable.
Now, let’s check the marriage is valid or not from Islamic perspective. When the integral parts and condition of Nikah are verified then the Nikah is valid.
Integral parts: (al-Fawzan)
Conditions for the Validity of Nikah: (al-Fawzan)
As one matures physically, sexual desires develop in the individual and gradually both girls and boys start getting attracted to each other, which slowly develops into some sort of psychological pressure. This natural and undirected emotion gradually seeks solace in whatever form possible. Unfortunately, more often than not, it results in the youngsters deviating from the right path and indulging in some unwanted and undesired habits. Before becoming victims of ill-directed lust, it is better for them to get married and settle down.
But in society there are some people who are strongly against early marriage and they try their best to stop youngsters from marrying early. They brings many objections to stop that marriage.
Maryam is 16 years old and Mustafa is two years younger than her. Mustafa has a desire to marry Maryam and through his father proposes to her in the presence of both her parents. Maryam accepts the proposal and after a week the nikah is conducted by her brother who is an Imam at the local masjid. After a week a guy called Blessing comes and says the nikah between Maryam and Mustafa is invalid for the following reasons
Mustafa is younger than Maryam
Maryam hasn’t reached 18 years
the nikah was conducted by her brother
the nikah was conducted via skype.
Let’s verify the objections made by Blessing first.
Objection 1: Mustafa is younger than Maryam
There is nothing wrong with a man marrying someone who is two years older than him, if she is religiously committed and of good character. The Prophet (ﷺ) married Khadeejah bint Khuwaylid (ra) and she was fifteen years older than him. The Prophet (ﷺ) was 25 years old, and Khadeejah (ra) was 40.
Objection 2: Maryam hasn’t reached 18 years
Islam does not give a specific age for marriage, either for the husband or for the wife. The Prophet (ﷺ) married Aisha (ra) when she was six years old and the marriage was consummated when she was nine years old. Narrated by al-Bukhaari (4840) and Muslim (1422).
Objection 3: The nikah was conducted by her brother
There is no prohibition on conducting marriage of sister when all the obligatory conditions are fulfilled. And as he is Imam of at the local mosque then he is very much qualified to do this job.
Objection 4: The nikah was conducted via skype
Regarding marriage via skype, the most correct view with regard to this matter is that it is permissible to do the marriage contract over skype, if there is no danger of tampering, the identity of the husband and wali is proven, and the two witnesses can hear the proposal and acceptance. This is opinion of Sheikh Ibn Baaz (r). (IslamQA)
So, we can see that the objections are not valid and not acceptable.
Now, let’s check the marriage is valid or not from Islamic perspective. When the integral parts and condition of Nikah are verified then the Nikah is valid.
Integral parts: (al-Fawzan)
- Woman should not be one of those the man is prohibited to marry. Here Maryam and Mustafa are gayer mahram to each other and no relationship between them to prohibit them to marry.
- Brides consent must be verified. Maryam accepted the proposal.
- The groom acceptance must be verified. As Mustafa proposes through his father, it verifies his acceptance.
Conditions for the Validity of Nikah: (al-Fawzan)
- Mutual consent. Both parties gave their consent by their own wish and nobody is forced.
- The Bride’s Guardian’s Permission must be taken. Here bride’s father gave is permission.
- The Presence of Two Witnesses at the time of Nikah. If two witness saw the proposal and acceptance conducting by bride’s brother via skype on that time then it is also fulfilled.
Bibliography
n.d. 17 Dec 2015. <https://islamqa.info/en/2201>.
al-Fawzan, Sheikh Saleh. Summary of Islamic Jurisprudence. Vol. 2. n.d.
al-Fawzan, Sheikh Saleh. Summary of Islamic Jurisprudence. Vol. 2. n.d.
© 2016 by Tauhid Ahmed.