5 Marriage Laws in Islam You Need to Know
Marriage is a highly recommended worship in Islam. In fact, Rasulullah SAW said that marriage is one of the efforts to perfect religion. For this reason, marriage should not be done haphazardly because this is the longest form of worship and should be preserved until death do them part.
Although it is recommended, the law of marriage can change according to the conditions. Under certain conditions, the law of marriage can be obligatory, sunnah, makruh, permissible, and unlawful. The following is a complete explanation of the law of marriage in Islam that you need to know.
Actually in Islam there are various kinds of marriage laws. Therefore, marriage can be said to be mandatory or even forbidden. Unfortunately today there are still many who misinterpret the marriage law. So do not be surprised if there are still questions whether marriage is mandatory or not.
Marriage laws in some special circumstances may differ. Fiqh of marriage is basically a sunnah for those who can afford it. The word marriage comes from the Arabic language, namely an-nikah. Linguistically, the word marriage has two meanings. First, marriage means sexual intercourse, or sexual intercourse. In addition, marriage can also mean a contract, namely a bond or agreement.
In terms of terms, the definition of marriage varies according to fiqh scholars from the four schools of thought. In the book Encyclopedia of Indonesian Jurisprudence: Marriage (2019), by Ahmad Sarwat, there is an explanation of the definition of marriage according to the four schools of jurisprudence. The four definitions are:
In terms of terms, the definition of marriage varies according to fiqh scholars from the four schools of thought. In the book Encyclopedia of Indonesian Jurisprudence: Marriage (2019), by Ahmad Sarwat. The four definitions are: Hanafi School: Marriage is a contract which means obtaining property rights to have sexual relations with women without any obstacles to being married according to sharia.
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Maliki School: Marriage is a contract that permits sexual relations with women who are not mahram, not magi, not slaves, and people of the book, with sighah.
Shafi’i School: Marriage is a contract that includes the permission to have sexual relations with marriage lafaz, tazwij or lafaz which means commensurate
Hambali School: Marriage is a marriage contract or a recognized contract in which the marriage lafaz, tazwij and lafaz have equivalent meanings. Since the majority of Muslims in Indonesia follow the Shafi’i School, the following explanation of the law of marriage will refer to the opinion of the fictitious scholars of this school.
Marriage can become obligatory if a person already has the ability to marry both physically and financially, and it is difficult for him to avoid adultery. The person is obliged to marry because it is feared, otherwise he can commit adultery which is prohibited in Islam.
The legal basis of marriage becomes sunnah if a person is able and ready to build a household, but he can refrain from all actions that plunge him into adultery. However, Islam always encourages its people to get married if they have the ability because marriage is a form of worship to Allah.
The law of marriage can also be permissible or permissible. It is said to be permissible if he marries only to fulfill his desires and does not aim to build a household according to Islamic law, but he is also not afraid that he will abandon his wife.
Next is the law of makruh marriage. This happens if someone does not want to get married because of illness or character. He also does not have the ability to provide for his wife and family so that if he is forced to marry, it is feared that the person will not be able to fulfill his rights and obligations in the household.
The law of marriage can also become haram if a person does not have the ability or responsibility to build a household. For example, he is unable to have sex or has no income so he is most likely unable to provide for his family in the future. In addition, the law of marriage becomes haram if the marriage is carried out with the intention of persecuting, hurting, and abandoning the partner.
Marriage can become haram if the legal conditions and obligations are not fulfilled or even violated. Some examples of marriages that are forbidden in Islam are contract marriages, incest marriages, same-sex marriages, or interfaith marriages between Muslim women and non-Muslim men.