Re: Is marriage a contract?
the end.
hence not a contract..they do not oblige themselves to do anything:D....
Re: Is marriage a contract?
why the witnesses then?
Re: Is marriage a contract?
there is a legal value to the bond of marriage [bond again is a legal term and so is agreement] and its known as contract.
As regards the issue you raised, the **European Council for Fatwa and Research issued the following Fatwa:
**
***"Marriage is one of the most important contracts ***for it signals the creation of a new family within society; the birth of new individuals into the world and the duties and responsibilities which fall unto each of the two partners.
As a result of marriage being a contract between the two spouses as partners to the contract, the full consent of whom is deemed vital for the ratification to proceed, the Lawgiver (Allah Almighty) did not allow for the guardianship of the father of the bride or anyone else to become one by which the guardian forces or compels the woman to marry to a man whom she does not want. Indeed, Islam granted the woman full rights to accept whomever proposes to her in marriage or to reject him.
Re: Is marriage a contract?
karakush you should not believe on everything that gets published...
Re: Is marriage a contract?
unfortunately jurisprudence says that in presence of those who give fatwas we cannot use our initiative, although i know we can buy fatwas but still the burden falls on the the issuer of fatwa.if we keep doing ijtihad at evry level ,each household will have its own version of islam.
Re: Is marriage a contract?
if marriage is a contract, then what are the obligations in the contract, and the punishment which is meant if the contract is not respected, and also it means that any faults that leads to the non execution os the contract will disolve it…
i mean if marriage was a contract the divorce would not exist…cause anyone not respecting marrriage obligations will disolve marriage instantly..as it is not the case marriage is not a contract…
that’s what i learn in law classes this year 
Re: Is marriage a contract?
frontier charm has hit the nail on the head of the problem.contract simply means agreement. thread shud be closed now.
Re: Is marriage a contract?
no it does not, read what i wrote just above^^:D
Re: Is marriage a contract?
Ibn Abbas (may Allah be pleased with him) stated that a small girl came to the Prophet (peace and blessings be upon him) and told him that her father had forced her to marry against her will. The Prophet gave her the right to choose either to stay married or to annul the marriage contract. (Reported by Imam Ahmad)
but it exists so…
**
essential to enter a contract:**
correct me if i am wrong ,took law course an yr ago
1]both parties must be sane and of sound mind
2]both aware of wat is taking place
3]presence of witnesses
4]shud be in ink
5]shud b endorsed
then its a contract. which of the essentials** is not followed wen nikah takes place.?
**
Re: Is marriage a contract?
**Is marriage a contract?
**Yes.
noor,
Since Marriage is a contract, therefore Divorce exists. Anyone entering into this contract muct abide by the rules stated in Quran and Hadiths. If one fails to follow these rules, then the person is punished accordingly.
**How come Marriage is a contract?
**Consent of Both Bride and Broom is taken. Contract Documents (AKA: Marriage Documents) are signed by both, as well as witnesses.
Re: Is marriage a contract?
you forget that any contract must have an **object:Dit means a reason, something that is obliging both parties, **for example you purchase an apple, it is a contract btw the vendor that is obliged to give you the apple, and you have to pay him 5 rupees:blush:…if the vendor do not give you the apple, you are not obliged to pay 5 rupees, and if you do not give 5 rupees, the vendor is not obliged to give you the apple…neither of you have to fill divorce, if one of you do not fulfill the contract…cause the contract gets nill as soon as one of you did not meet the requirement…moreover, if one of you has already done his requirement and the other fails to do so, then the former is entitled to be paid damages…
now tell me what is the object of the marriage?
and written is NOT a condition to have a contract..in my apple sale example the contract is not written, and there is no need for witness either
Re: Is marriage a contract?
Since Marriage is a contract, therefore Divorce exists. Anyone entering into this contract muct abide by the rules stated in Quran and Hadiths. If one fails to follow these rules, then the person is punished accordingly.
How come Marriage is a contract?
**Consent of Both Bride and Broom is taken. Contract Documents (AKA: Marriage Documents) are signed by both, as well as witnesses.
no marriage is **more than a contract! that's why divorce exist!
cause any contract can be dissolved easily, while divorce is the only way to dissolve a VALID marriage...if marriage is not valid (for example the bride was forced), then it can be dissolved.
other proof than mariage is more than a regular contract:
the need for witnesses, simple contract do not require witnesses
Re: Is marriage a contract?
If it was not a contract, then there are NO RULES, and dissolving marriage would be instant - and could be done without reason. Since, it is a contract - IT CANNOT BE DISSOLVED instantly, unless you are referring to unislamic marriages.
When you say That "marriage is more than a contract!" - Yes it is, but contract nonetheless. This contract requires you to be good to each other, understand each other, and be able help each other, etc.
(good, atleast now you acknowledged that it is atleast a contract)
Re: Is marriage a contract?
maybe that’s the reason why there are many divorce:D…
seriously marriage is far more than a contract…you can make a contract about how to deal with properties and salaries under the marriage for example, but marriage is far more than this…it is the bond btw two individuals…and more important: two families!! marriage is the institution to protect children and give rights and ascendance…it is an institution that protects widows..and housewives…miuch, much more than any contract..
Re: Is marriage a contract?
Mostly Right, hence it is a contract (islamically) - Once you enter into this contract - you are bound to follow what you stated above.
Re: Is marriage a contract?
When you say That "marriage is more than a contract!" - Yes it is, but contract nonetheless. This contract requires you to be good to each other, understand each other, and be able help each other, etc.
(good, atleast now you acknowledged that it is atleast a contract)
a pink pomelo is bigger, sweeter and more tasty than an orange, does that mean a pomelo is also an oarange??
NO
so marriage is NOT contract...cause it's based on something diferent than marriage
contract is a mutual obligation that is dissolved instantly when not respected..
marriage is not a mutual obligation, if you can't give children to your wife she can not claim damages:D...
and marriage is not dissolved instantly, if you can't give children to your wife, the marriage is not dissolved, she must divorce you to get rid of you if she wants:D
Re: Is marriage a contract?
oranges,mosambis,lemons all classified as citrus fruits.but mention citrus fruit u will get only few characteristics in ur mind common to all.mention oranges and in my case it will bring memories of my mamos lawn,drenched in that tangy fruity smell of orange trees.
noodles,macarooni,spaghetti are all esentially pasta.
beans of all kinds are legumes.
marriage is legally a contract. and that is the issue here not the emotions,the values,the committment,the feelings,the cultural norms,the satus and societal values that go with it,nobody is denying it,but it is essentially a cantract.
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if marriage is not valid (for example the bride was forced), then it can be dissolved.
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i believe it is annulled not dissolved.
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other proof than mariage is more than a regular contract:
the need for witnesses, simple contract do not require witnesses
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but a contract it is.
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no marriage is more than a contract! that's why divorce exist!
[/QUOTE]
but it is a contract
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you forget that any contract must have an object:Dit means a reason, something that is obliging both parties
[/QUOTE]
object/reasons:
to be with another person,to have a family,to have children,to share life,to dream together,to share n build upon thos dreams
obligations:
to respect,to observe all the rights ordained by Allah and fulfill all the duties,by humanity.
therefore a contract
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and written is NOT a condition to have a contract
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yes in good faith,but it is an established practise recognized n required by the law of the country
therefore a contract.
Re: Is marriage a contract?
object/reasons: to be with another person,to have a family,to have children,to share life,to dream together,to share n build upon thos dreams
obligations: to respect,to observe all the rights ordained by Allah and fulfill all the duties,by humanity.
therefore a contract
.
if marriage was a contract, then it would get dissolved instantly when one of the two partners is sterile, or is going away, for example husband leaving his wife to work abraod...and the left one could claim damages...as is it not the case then marriage is not a contract
Re: Is marriage a contract?
contract is a mutual obligation that is dissolved instantly when not respected..
marriage is not a mutual obligation, if you can't give children to your wife she can not claim damages:D... and marriage is not dissolved instantly, if you can't give children to your wife, the marriage is not dissolved, she must divorce you to get rid of you if she wants:D
depends on the contract and the clauses and stipulations in the contract.
yes she must divorce,its a legal procedure .in both the law of the country and islamic jurisprudence.isnt divorce dissolution of marriage.?
i actually have had my say.i dont have anything more.i belive it to be a contract on basis of my understanding .
Re: Is marriage a contract?
i repeat absence or presence of one particular clause pertaining to a specific situation does not render its legal identity as a contract null n void.