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Shiavault - a Vault of Shia Islamic Books The Religion of Al-Islam and Marriage The Preconditions to the Aqd Of Marriage By Saleem Bhimji Even before we discuss the rulings and method of reciting the marriage Aqd and married life in general, there are many preconditions that must be covered and understood by both parties.
These issues that we bring forth have, unfortunately, been twisted and contorted to fit our cultural background or in some cases, out right refused as not being Islamic principles. Insha-Allah, we will cover some of these preconditions in brief.
Looking at the Other Party Before Marriage This discussion can actually be divided into two separate and distinct categories: (1) the look and touch before proposing to the other party; (2) the look and touch after the proposal has been accepted; However, the Aqd has not been read - this is commonly known as the 'engagement' period.
It is well known that a man and woman who are not related to one another through a direct blood relationship or through one of the other ways (that are mentioned in the detailed books of Fiqh) are not Mahram of one another. Thus, they can not touch or look at each other without the proper covering or with a lustful or seductive glance.
Once the temporary or permanent Aqd has been performed, then the man and woman become Mahram to one another through the marriage formula and can talk, be in a secluded place with one another, hold hands, touch, hug, kiss, etc… However, while the man and woman are talking with one another in order to get to know each other, they are not permitted to be in a secluded place together, nor have any sort of physical contact - these are all forbidden (haram) in Islam.
Once they have agreed to marry one another, the next step, in order for them to be able to talk in private, go out together for dinner or be able to touch each other, is that they must recite either the temporary or permanent Aqd. In most cases, the couple-to-be recite a Mutah, with the knowledge that within a certain time frame, they will be getting married (permanently).
The Mutah too has various conditions that must be followed, of which, we highlight the most important ones: If the girl is a virgin, then she must have her parent's approval before the Mutah can be performed. The time period and the dowry (Mahr) must be specified before the Mutah contract is pronounced, otherwise it is void.