The status and significance of marriage contract in Islamic Law
Question
Some people treat the marriage contract lightly, despite the fact that Allah Almighty has described it as a solemn covenant. We therefore ask you to clarify the importance of this contract and its significance in Islamic law.
Answer
Islamic law places great emphasis on the status and significance of the marriage contract, imbuing it with noble meanings that bring hearts together and are appealing. It further envelops it with a framework of commands and prohibitions that ensure its success, continuity, and the realization of its objectives. Marriage in Islam is not merely a social, physical, or intellectual partnership between a man and a woman but a cornerstone of society as a whole, whose soundness ensures the soundness of society, and whose corruption leads to its corruption.
The noble meanings of the marriage contract include affirming the marital bond as a relationship between parts and the whole, and between the whole and its parts. The basic principle is that each spouse should support and complete the other, and find tranquility in each other. Allah Almighty says, “And among His signs is that He created for you from yourselves spouses that you may find tranquility in them” (Quran, 30:21). Another meaning is that Islamic law has made affection and mercy the foundation of the marital relationship, thereby affirming the pure human values inherent in these two concepts, free from self-interest or emotional detachment. Allah Almighty says, “And He placed between you affection and mercy” (Quran, 30:21).[1]
To ensure the realization and continuity of these meanings, Islamic law places strong emphasis on kind companionship between spouses, with each fulfilling their respective rights and duties. Allah Almighty says, “And for them is similar to what is upon them, according to what is customary” (Quran, 2:228).
Further emphasizing the sanctity and status of this contract and the esteem, and respect it deserves, Islamic law describes it as a solemn covenant. Allah Almighty says, “And they have taken from you a solemn covenant” (Quran, 4:21). This description serves to remind spouses that this contract is enduring and resilient amid familial disputes, life crises, and various hardships, and to encourage them to bind themselves by covenant and commitment to maintain good companionship between them, in fulfillment of the words of Allah Almighty, “And live with them in kindness; for if you dislike them, it may be that you dislike a thing while Allah places in it much good” (Quran, 4:19).
And Allah Almighty knows best.
Arabic
French
Deutsch
Urdu
Pashto
Swahili
Hausa
