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Marriage Under Muslim Law

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Definition of Muslim under Muslim Law:

Marriage is the ‘nucleus’ of the family. The very foundation of the family and society
is the marriage. It confers on parties, the status of husband and wife and gives rise
to certain rights and obligations and of legitimacy of their children.

Meaning and Definition: - In Mohammedan Law, marriage is regarded as ‘Civil
Contract’. ‘Nikah’ is an Arabic term, which literally means “the union of two
sexes”. In Baillie’s Digest, marriage has been defined to be ‘a contract for the
purpose of legalizing sexual intercourse, and procreation of children.’

Ashabah says: - ‘Marriage is a contract underlying a permanent relationship based
on mutual consent on the part of man and woman’.

Abdur Rahim says: - ‘The Mohemmadan jurist regard the institution of marriage
as partaking both of the nature of ibbadat or devotional acts and muamalat or
dealings among men.

Perspectives from Renowned Islamic Scholars:

According to Ameer Ali: - ‘Marriage is an institution ordained for the protection
of the society, and in order that human beings may guard themselves from foulness
and unchastely.

Mulla defined Nikah as “a contract which has for its object, the procreation and
legalizing of children.”

, Marriage may be defined as ‘Marriage is an agreement between a man and a
woman, based on the Shariat principles as a result of which mutual sexual relation
becomes legitimate, paternity of obligation becomes enforceable.’



Imam Al-Nawawi (1233-1277 CE):

Imam Al-Nawawi, a prominent Islamic jurist and theologian, defines a Muslim as
"someone who acknowledges that there is no god but Allah and that Muhammad is
His messenger, and testifies to that fact."

Ibn Taymiyyah (1263-1328 CE):

Ibn Taymiyyah, a medieval Islamic scholar, states, "A Muslim is one who believes
in Allah, His angels, His books, His messengers, the Day of Judgment, and destiny
– both the good and the bad of it."

Imam Al-Ghazali (1058-1111 CE):

Imam Al-Ghazali, a highly influential Islamic philosopher, describes a Muslim as
"one who lives in obedience to the commandments of Islam, avoids prohibitions,
and follows the Sunnah (traditions) of the Prophet Muhammad."

Sheikh Yusuf Al-Qaradawi (1926-present):

Sheikh Yusuf Al-Qaradawi, a contemporary Islamic scholar, defines a Muslim as
"someone who believes in the six pillars of faith: belief in Allah, angels, scriptures,
prophets, the Day of Judgment, and divine decree."

Dr. Muhammad Iqbal (1877-1938):

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Uploaded on
April 2, 2024
Number of pages
15
Written in
2023/2024
Type
Class notes
Professor(s)
Barister moshiur rahman sobuj
Contains
5-6

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