ভূমিকা

Shiavault - a Vault of Shia Islamic Books A Brief of Islamic Law Marriage The relation between man and woman becomes lawful by contracting marriage. There are two kinds of marriage: (i) Permanent marriage (ii) Fixed-time (temporary) marriage In a permanent marriage, the period of matrimony is not fixed, and it is forever. The woman with whom such a marriage is concluded is called Da'imah (i.e. a permanent wife).

In a fixed time marriage, the period of matrimony is fixed, for example, matrimonial relation is contracted with a woman for an hour, or a day, or a month, or a year, or more. However, the period fixed for the marriage, should not exceed the span of normal lives of the spouses, otherwise the marriage contract will be void. The woman with whom such a marriage is concluded is called -Mut`ah- or Munqati`ah.

Marriage Whether marriage is permenent or temporary, the formal formula must be pronouncesd; mere tacit approval and consent, or written agreement, is not sufficient. And the formule (Sighah) of the marriage contract is pronounced either by the man and the woman themselves, or by a person who is appointed by them as their representatives to recite it on their behalf. The representative should not necessarily be a male. A woman can also become a representative to pronounce the marriage formula.

As long as the woman and the man are not certain that thier representative has pronounced the formula, they cannot look at each other as mah ran (like husband and wife) and a more probable suspicion that the representative might have pronounced the formule is not sufficient. And if the representative says that he has pronounced the formula, but his assertion does not satisfy the parties concerned, as an obligatory precaution, it will not be deemed sufficient.

One person can act as the representative of both sides for reciting the formula of permanent or temporary marriage. It is also permissible that a man may himself become the representative of a woman and contract permanent or temporary marriage with her.

The Method of Pronouncing the Marriage Formula If a woman and a man themselves want to recite the formula of permanent marriage, after determining ?idaq (marriage settlement or Mahr), the woman shuold first say: Zawwajtuka nafsi `alas-?idaq-il-ma`lum (i.e. I have made myself your wife on the agreed Mahr), and then the man should immediately respond thus: Qabilt-ut-tazwij (i.e. I accept the marriage). In this way, the marriage contract will be in order.