What are the conditions of a valid marriage?
What are the conditions of a valid marriage?

An Islamic marriage (nikah) can be performed under the following conditions:

1- Both sides must be free of obstacles to marry and have legal capacity.

2-  Both sides or their guardians or representators must be present at the same time during the proposal and acceptance.

3- The prohibitions of marriage in verses An-Nisa 23,24 and An-Noor 3, which include the prohibitions about blood and milk kinship must be observed.

4- There must be no other conditions demanded by any of the the sides which may prevent the nikah .

5- The bride and the groom must have reached the age of maturity (this may come true at the same age or after the puberty. See: http://www.islamandquran.org/?p=3043)

6- In compliance with the verses An-Noor 24:3,5 ; Al-Maidah 5:5 and An-Nisa 4:24 both the bride and the groom must be chaste.

 

A nikah is valid from Islamic point of view under the following conditions:

1- Supervision and testimony : See the explanation below

2- Consensual agreement to marry:  No girl/boy or woman/man can be wed against her/his will.

3- Announcement: Marriages, especially the ceremony of nikah is performed in order to announce the marriage. Therefore, nikah must be announced to everybody.

4- Mahr : Legal Share of Bride is given to the bride by the groom. It is not a condition for the nikah to be valid, but the right of mahr arises as a natural result of the nikah for the bride. See http://www.islamandquran.org/fatwas/what-is-mahr.html

 

The Messenger of Allah says:

“There is no marriage without a supervisor (Wali) and two reliable witnesses. A marriage performed without these is void. If they couldn’t agree, the authorized officials are the supervisor.” (Abu Dawood, Nikah/Marriage, 20; Tirmidhi, Nikah/Marriage, 14; Ibn Majah, Nikah/Marriage, 15; Ahmad Ibn Hanbal, Musnad, 6/66)

A supervisor should be the woman’s father, grandfather, son, brother, uncle, etc. respectively. If they are not found or refuse to perform their duty, the authorized official becomes the supervisor.

Today, there is nowhere in the world that permits marriages without supervision. Officials of the municipalities, churches, synagogues are examples of authorized supervisors for marriage. Prophet Muhammad (obuh) did not require walees for men and sufficed the approval of walees for women, which eases marriage and lets healthy families to be established.

Facebook'ta PaylaşTwitter'da Paylaş
Date: Jun 2, 2017
Other Fatwas In This Category:
#   Title Date Reads 
1 Mary 2009.09.01 628
2 Is the husband counted zani if he had not paid mehr? 2012.03.06 1,123
3 What should young couples do if they are unable to marry? 2013.03.21 1,367
4 Having children 2014.04.25 5,558
5 Mehr 2009.09.01 6,867
6 Did Hz. Aisha marry our Prophet at the age of nine? 2012.06.24 1,561
7 Widow women’s leaving of home 2013.05.02 683
8 Apostates: To Be Killed or Saved? 2014.05.17 1,272
9 Is a man allowed to love a woman? 2011.06.14 1,456
10 Should the mehr be paid if divorce happens right after the marriage? 2012.05.11 1,389
11 What is Mahr? 2013.05.08 2,721
12 Mut’a Agreement 2014.05.25 3,821
13 Should a woman look after her parents-in-law? 2011.07.13 4,640
14 Which relatives are forbidden to marry? 2012.05.28 1,515
15 Rukhsati 2013.05.09 9,184
16 Marriage with grandparents 2015.02.21 1,512
17 Do I have to look after my mother-in-law? 2011.07.13 6,399
18 What is the minimum marriageable age of a little girl? 2016.04.20 8,440
19 Whose approval stands first in marriage? 2013.06.02 2,477
20 Admitting an adult into the marital bedroom 2015.11.30 1,523
21 What are the important points in choosing a spouse? 2011.07.04 1,081
22 Caste Difference in Marriage 2012.06.22 1,548
23 Religion Difference in Marriage 2013.06.10 762
24 Does Civil Marriage Count as Nikah? 2017.06.05 382
25 Is it right to marry a man that does not perform the prayers? 2011.07.10 941
26 Are men allowed to command their wives? 2012.09.22 1,162
27 Indifference of the husband 2013.06.14 3,218
28 Are step brothers and sisters allowed to get married? 2011.07.10 16,467
29 What is the ruling on polygamy? 2012.12.31 3,258
30 Dowry 2013.06.15 2,196
31 When can a man remarry after his wife dies? 2011.07.11 5,547
32 Speaking in jest about marriage and divorce 2012.12.31 1,310
33 Holding hands with the fiancée 2013.06.18 4,013
34 Do I have to live in the same house with my parents-in-law? 2011.08.01 3,800
35 Wedding Ring 2009.09.01 2,387
36 Supervision in marriage 2013.08.07 641
37 Objection Of the Guardian To Marriage Without Reasonable Grounds 2011.09.14 1,513
38 What is the meaning of prohibition of marriage with someone who committed fornication? 2013.02.17 1,022
39 Half siblings 2016.04.14 9,359
40 Is my son allowed to marry his stepmother’s sister? 2011.12.16 3,233
41 Cultural difference in marriage 2013.06.05 773
42 Interfering in Wife’s Money 2013.11.14 1,372
43 Is fornication considered zina? 2012.02.02 5,468
44 Marriage without an authority (Wali) 2013.02.24 1,191
45 Married Women Caring For Their Parents 2013.11.30 1,303
46 Does having pre-marital sex mean that you will go to hell? 2012.02.21 4,708
47 Should I put pressure on my family to practice Islam? 2011.08.13 1,127
48 Obedience To Husband 2013.12.04 3,030
49 Holding Quran at the top of head during marriage 2012.02.21 2,438
50 Is it lawful to run a wedding saloon? 2013.03.10 617
51 Alawite – Sunni Marriage 2013.12.10 1,526
52 Is Marriage Fard -Obligatory- In Islam? 2010.11.02 18,745
53 Spouses of Different Religions 2016.11.08 3,503
54 What are the conditions of a valid marriage? 2017.06.02 1,483
55 The purpose of iddah 2014.01.29 3,764