-
Living Without Marriage
What’s the importance of that social contract(like signing the papers) for marriage in Islam and why(logically)?
Like there are some countries where men and women don’t marry but they live their whole life together and have kids(just like any other married couple).
-
8 Replies
-
Living Without Marriage
updated 2 years, 4 months ago
5 Members
·
8
Replies
-
A formal and acceptable way to declare publically a man and woman to be husband and wife is necessary because this is not just man and woman living together but they are going to establish the unit of a family. Children will be born and the parents are obliged to take care of them. Such a serious act needs pledge of responsibility which is provided with the contract of Nikah.
-
Can you please elaborate it a little?and what if it becomes a tradition(urf), same thing as marriage but no contact.
-
As Irfan sahab has already explained, the contract of nikah provides the protection for both husband and wife as well as future children. Societal norms have no validity in matters that have been clearly expounded by God.
-
The real issue is that people do not want to marry formally especially in a court because of legal and financial issues that arise later and the difficulty of going through divorce, because mostly there is a contested divorce that requires years of litigation, bankruptcy and mental trauma.
Thus, people choose not to legally get married. It is not that they are not faithful or committed to each other and they don’t take full responsibility of raising the children, but it is to avoid expensive divorce and unfair laws in some states, etc.
That is why many couples choose to opt for Common Law marriage. Which in my opinion legal in Islam as the marriage is publicly announced, written down, but not legally registered.
COMMON LAW MARRIAGE DEFINITION
A common law marriage is one where the parties cohabit with each other, have a mutual agreement to be married, and hold themselves out to be married (evidence of mutual agreement). You are not required to have a civil or religious ceremony, a marriage license, or a marriage certificate to have a common law marriage.
-
Also, according to Ghamidi Sahib, a marriage does require a contract or legal registration, but a couple publicly announcing their marriage and calling themselves husband and wife.
-
Ok,thankyou,now i understands it a little but what’s the hikmah(wisdom) behind announcing the marriage?And is signing contract in that not obligatory in Islam?
-
The wisdom is to make sure that a man and a woman are in a formal bond of marriage, not just for fun. If such uncommitted relationship is allowed, it will ruin the institution of the family. The loyalty that the relationship between a husband and a wife demands requires a formal agreement. Signing a legal contract is another way to formalize and solemnize a marriage.
-
Simply these are the boundaries of Allah. We have to obey Allah’s commands.
Sponsor Ask Ghamidi
