The pillars marriage and conditions of marriage
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| Valid marriage according to Islam |
In the hadith of Imam Bukhari, it was narrated that the Prophet SAW said: "O youths, whoever among you is able to marry, then marry. Because getting married is more able to hold your gaze and maintain your genitals more. And whoever is unable, then let him fast; because fasting can suppress his lust."
In the process of marriage according to Islam, it is necessary to fulfill the conditions and pillars of marriage so that the marriage is valid.
In Islam, a marriage is considered valid if the pillars and conditions of a valid marriage are met. These two elements are very basic and should not be abandoned.
The pillars of marriage are essential practices that are in worship, while the conditions for a valid marriage are matters outside the practice but are mandatory.
Muslim couples who want to get married, should know the pillars and conditions for a valid marriage so that their marriage is legal in the eyes of law and religion.
Pillars/term of marriage in Islam
At least, there are 6 pillars of marriage that are agreed upon by scholars and must be fulfilled in order for a marriage to be declared valid, namely:
1. There are prospective grooms and brides who are not prevented by syar'i from getting married
It is clear, the first requirement for a valid marriage in Islam is that there is a prospective groom and a bride. The contract process cannot be represented.
It should also be noted that the bride and groom may not marry people who are forbidden to marry, such as having blood ties, having a milk relationship, and having in-laws.
2. There is a guardian of the bride-to-be
The female guardians of marriage include father, grandfather, and relatives from the father's lineage. People who are entitled to become guardians include the father, paternal grandfather, biological brother, father's brother, father's siblings, and sons of the father's siblings.
3. Two male witnesses were present to witness whether the marriage was legal or not
A valid marriage requires witnesses from both parties. Witness requirements include that the person is Muslim, mature, intelligent, independent, male, and just. Witnesses can come from family, neighbors, and trusted people such as friends as witnesses.
4. The consent of the bride's guardian or her representative is pronounced
Ijab and qabul are interpreted as sacred promises to Allah SWT in the presence of the head, guardian and witness. The implementation of Ijab and qabul is a legal requirement for a married couple to be valid as a husband and wife.
5. Saying Kabul from the groom or his representative.
The testimony of the marriage contract is based on the eloquent hadith evidence: "There is no marriage except in the presence of a guardian and two fair witnesses." (Narrated by Al-Khamsah except An-Nasa`i).
6. There is a dowry given to the bride to be
Dowry in Islam uses the value of money as a reference. The bride can ask for treasures such as cash, gold, land, houses, vehicles, and other valuables.
Conditions for marriage in Islam
The following are the conditions for marriage in Islam that must be considered and must meet the following elements:
1. Is Muslim
The requirements for prospective husbands and wives are Muslims and clear names and people. In fact, it is not legal for a Muslim to marry a non-Muslim with the Islamic consent procedure.
2. Not a mahram
Not a mahram indicates that there are no obstacles so that the marriage can be carried out. In addition, before getting married, it is necessary to trace the partner to be married.
For example, who was raised and breastfed as a child. Because, if it is found that you are still a breast-feeding relative, then you are classified as a mahram, like a lineage, which is forbidden to marry.
3. Marriage guardian for women
A marriage must be attended by a marriage guardian. The guardian of the marriage must be male, it is not permissible for a woman to refer to the hadith :
"From Abu Hurairah he said, the Messenger of Allah (SAW) said: 'Women are not allowed to marry (as guardians) of women and cannot marry themselves." (Narrated by ad-Daruqutni and Ibn Majah).
The main guardian of the bride's marriage is the biological father.
However, if the father of the bride has died, a man from the father's path can be represented, for example, grandfather, great-grandfather, brother of the same age as a mother, uncle, and so on based on lineage.
If there is no lineage guardian from the family, the alternative is a judge guardian whose terms and conditions have also been regulated.
4. Attended by witnesses
The next requirement for a valid marriage is that there are at least two witnesses who attend the marriage ceremony, one can be from the bride's side and one from the groom.
Considering that the witness occupies an important position in the marriage contract, the witness is required to be Muslim, mature, and able to understand the meaning of the contract.
5. Not in Ihram or Hajj
Many scholars forbid marriage during Hajj or Umrah (during Ihram), referring to Islam.
This was also confirmed by a scholar of the Shafii school of thought in the book FathulQarib al-Mujib who said that one of the prohibitions in the pilgrimage is to perform a marriage contract or become a guardian in marriage:
(و) الثامن (عقد النكاح) فيحرم على المحرم أن يعقد النكاح لنفسه أو غيره، بوكالة أو ولاية
"Eighth (of the ten things that are forbidden to do during ihram) is the marriage contract. The marriage contract is forbidden for people who are in ihram, for themselves and for others (becoming guardians)"
6. Not coercion
The conditions for marriage that are no less important are getting the pleasure of each party, accepting each other without any coercion. This is in accordance with the hadith of Abu Hurairah ra:
"A widow may not be married off until she is consulted or consulted, and a girl may not be married off until her permission is asked." (HR Al Bukhari: 5136, Muslim: 3458).
Thus the pillars and conditions of marriage that need to be known by couples who want to get married, so that they are in accordance with Islamic religious guidance.
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