Marriage in islam - Religious and legal issues

• Author: Iuliana Savu
• Position: Juridical and Administrative Sciences Faculty, 'Spiru Haret' University
• Pages: 106-112

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No.1 (2012), pp. 149-155

149

MARRIAGE IN ISLAM – RELIGIOUS AND LEGAL ISSUES

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I. Savu

Iuliana Savu

Juridical and Administrative Sciences Faculty

“Spiru Haret” University

* Correspondence: Iuliana Savu, “Spiru Haret” University, T urnului no.7 St., Brasov,

Romania

E-mail: savuiulia2008@yahoo.com

Abstract

Over time the institution of marriage in Islam has suffered very important and

major changes in an effort to be in line with modern legislation and the new social norms of

coexistence in the world in gene ral and especially with those o f the Eastern world. For this

reason, I think that the topic of this work i s fascinating and is worth our attention, is worth

being thoroughly researched.

Key words: Koran/Quran, Muslim, Testimony of Faith, Dowry, Oath of a nathema.

Introduction

Muslims are now about one fifth of the world p opulation. The Organization of the

Islamic Conferenc e comprises 57 countries, 22 of which forming the A rab League. Mutual

understanding is essential to avoid the aggravation of the confrontation between the Muslims

and the Western world. To reach such an understanding it is essential to kn ow Muslim law,

which has been governing the Muslim mentality and behaviour for fou rteen centuries.

Concepts and general aspects of a marriage

The Muslim la w conceives marriage as a civil contract signed between the future

husband and the legal guardian of the future wife. In this contract the husband states that he

agrees to pay a sum of money, a ‘dowry’

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, to his wife.

For that contract to be valid the following are needed:

• there should be no impediments to marriage

• to have the consent of the determined people

• the dowry to be ready

• the legal formalities to be done

The impediments to marriage are of two types:

• permanent (kinship by blood or marriage, having been breast-fed by the same

woman, consummation of marriage during the period called idda, oath of

anathema)

• temporary (mixed religion, p olygamy, kinship among the same husband’s wives,

idda, triple repudiation).

Several things draw our attention to some of the impediments to marriage. First,

marriage is not possible with a wide range of ‘prohibited people’ (maharim) including their

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Koran