Questions on Islamic law: marriage and divorce

This post is a bit different in style from our usual writings. Here' we are attempting to convey, in a way as concise as possible, the normative rules from the Qur'an and the tradition of the Prophet Muhammad, may Allah's peace and blessings be upon him, with regards to both marriage and divorce, as per the Islamic teachings and from the Islamic sources. Any further questions on this article or related subjects can be posted in the "comments" section which appears at the end of this post.


What are the prerequisites for a Muslim marriage?

Obviously, agreement between the two parties. Forced marriages, which does occur sometimes in various communities in the world, is deemed Haraam [not allowed in Islamic law]. There exists many incidents in the days of the Prophet Muhammad wherein ladies would come to him, saying family had forced their hand into marrying, to which the Prophet would reply that choice had to be made.

In addition to the above requirement, we also have [A] Dowry {Mahr}. The dowry is an amount of money or some other valuable item that is to be given to the wife. This assures some level of security for the wife as well as the seriousness of the man. Traditions inform us that the dowry can even be symbolic, as giving clothes or teaching the bride Qur'an. Of course, this issue would have to be hammered out between the parties. [B] Ceremony: actually the most easy part, and already practiced in every human society, in which the Imam will give a sermon basically reminding the parties of their responsibilities, the wife and husband, along with two witnesses, will sign a contract [usually called 'Aqd in Muslim societies] along with witnesses, two being the minimum. The contract will show the agreement of the parties, as well as the dowry information.

What are the responsibilities the parties have to each other?

The most important one-for the man- is that of financial responsibility. The Qur'an places this squarely on the husband in the words Ar Rijaalu Qawwamoona 'alan Nisaa' ["The men are responsible for the maintainance of their ladies.." [Q 4:34].


Responsibilities of mutual support, of fidelity, and emotional security are also required. The Qur'an says " And among His wonders is this: He creates for you mates out of your own kind. So that you might incline towards them, and He engenders love and tenderness between you: in this, behold, there are messages indeed for people who think!" [Qur'an 30:21, Muhammad Asad translation]


What about Divorce?

Divorce is seen as permitted in Islam, but there has existed both within the body of Islamic texts as well as practice in tradition the tendency to preserve the marriage. God speaks of the fact that although men may find some qualities they dislike in their wives, there may exist in that very thing something good for the man [Q 4:19]. The Qur'an has also recommended counseling, taking a person from each parties family, to act as arbiters [Q 4:35].

It is well known that the husband has right to pronounce divorce, but what is not all that well known is that the wife has a right as well, especially when the husband has disappeared or has not fulfilled any of the responsibilities, or has abandoned the faith of Islam all together!

In such a case, the religious figure [Shaykh or Imam] can pronounce the marriage dissolved, the only requirement is that- just as in a marriage ceremony- witnesses are present. It's also important to have documentation to this decision, signed by witnesses, the wife, and of course the religious figure.

By no means is this post to be taken as comprehensive or encompassing all aspects of these most delicate issues. Nonetheless, we hope this has been useful.

Questions on Islamic law: Apostasy, in light of Qur'an and Hadeeth

The following is an old post I made on other sites, in response to questions posed about the usual notion that a person who decides to "leave Islam" is to be executed. The question seems to get repeated of late, so below is a brief statement on the subject. Comments are always welcome, thanks and Salaam.

Salaam all,



A] Islam is a faith of utmost intellectual and spiritual conviction. We know this when we have only a cursory look at the Qur'an. Repeatedly, it points to Ayaat [signs] in the creation, even in ourselves, as evidence of Allah's power as well as his being the source of the Qur'an.

[B] Yes, the Qur'an says "No compulsion in the Deen" [Laa Ikraha Fid deen]. The reason for that is "The right guidance is very clear, distinct from confusion or misguidance" [Qad TabayyanaR-Rushdoo min al Ghiyy]. Allah does not need our salaah, fasting, Shahaadah or any of that. We require those things. For our guidance and spiritual salvation. If Allah does not need our 'Ibaadah, then why should we execute someone?

[C] The Prophet [Sall-Allahu 'alayhi wa sallam] was, without doubt, the best Daa'ee. As such, there are very few reports in the hadeeth books dealing with the Prophet and "apostasy". Where such reports do exist [if we accept the reports as accurate & complete renderings of the events] we always see it in connection with something else. For example, there's a report that the Prophet executed "apostates" after sending them missionaries, at their request, but the report clearly states that the particular group laid a trap for the Muslim missionaries, killing them and plundering their goods. So, the punishment here was not for apostasy necessarily, but rather for murder.

[D] "Apostasy" was just another word for treason, or rebellion against the authorities. Such is clearly what occurred in the early days of Abu Bakr's rule.

[E] There has been debate for generations about some aspects of all this. For example, a Muslim who recognizes that Allah is One God, and Muhammad is his Prophet, yet prays only on fridays or the 'Eid [which is the case for many today], or, does not pray at all. Many would see such a person as an "apostate". My point being, if a government punishes people for "apostasy", it's going to be very subjective, and in the end accomplish nothing.

[F] Personal conviction and practice is, in the end,the business of the person and God. Unless he or she starts to attack Islam, with the purpose of destroying the UMMAH , we should leave them alone, both as a Muslim state and as individuals.

[G] Because of the logic inherent in Islam, there has historically been very few cases of apostasy. Moreover, in those days, all religious communities saw apostasy as punishable by execution, so it would have been logical for muslims to assume the same, even if never seen or done in their lifetime. It's one of those things people may never really think about because it never happens.

[H] Finally, back to the Qur'an. It tells us "And a party of Ahlil Kitaab asserted among themselves 'proclaim Imaan in that which has been sent to those who believe [meaning, pretend to believe just as Muslims do], in the beginning of the day, and [then proclaim] disbelief [wa akfurooo] in the night, so that hopefully, they [the Muslims] will return back [to Jaahiliyyah, i.e. reject Islam themselves] [La'allahum Yar ji'oon.] "[3:71].

Their plot was simple, this is a reference to Jews here, according to all Mufassireen. They would say the Shahaadah, etc.. and then "give it up", in order to demoralize the naive Muslims, convincing them that Islam was not a worth-while religion. The Qur'an clearly records their plot, something which scholars have acknowledged as well. Such a plot would be unthinkable had the punishment for apostasy [remember, this was in Madinah, where the Prophet was in charge] been the death penalty.

Any reports coming from the time of the Prophet, if we accept as accurate, are clearly with regards to treason, murder etc.. and not because someone was not intellectually convinced that he [Muhammad, 'Alayhis salaatu was salaam] was a Prophet.

Wallaahu A'laam,

wassalaam,
S.Waheed