Is marriage a contract?

Lifestyle Relationships
41

Re: Is marriage a contract?

and noor,i give up,that dont mean i dont think it aint a contract.

42

Re: Is marriage a contract?

be back at night to see how far we have progressed on this issue.

43

Re: Is marriage a contract?

i told you what i think and i think than no contract has to undertake a special legal procedure to be dissolved if one of the obliged is failing…hence divorce is proving marriage to NOT be a contract:D…i agree this is a latin point of view…:blush:
you probably have a pakistanese one:D…i should ask my bf (lawyer):smiley:

44

Re: Is marriage a contract?

Noor, what you are stating relates to Un-islamic Marriages.

Read Sura: 4 (Nisa)

MARRIAGE IN ISLAM

[quote]

  Those who are able to shoulder the responsibilites of marriage are urged by God to get married. Marriage s entered into by a contract of offer and acceptance drawn by the mutual consent of the bridgegroom or his representatives and the gaurdian or representatives of the bride in the presenence of two witnesses. Marriage is usually contracted in a ceremonial gatherings.

  To have a valid marriage contract the bride must not be one of those whom the bridegroom is prohibited to marry on account of kinship or suckling, or a marriage relationship.

  The dowry, which must according to *sunna* be reasonable, belongs to the wife. The wife also has the right to get it all before marriage is consummated. However, a part of it may be deffered and paid later. In this case the deffered part becomes a debt which the wife gets upon the divorcce or upon the husban's death. In case of wife's death, the unpaid part goes to her heirs.

  In certain circumstances a man can have four wives at the same time provided he is just in dealing with them.

  While the The marriage of the *muhallil*  (who temporarily marries a divorced wife to make it possible for her to go back to her husband) is illegal because it is temporary.

[/quote]

*DIVORCE IN ISLAM:
*
[quote]

  God permits divorce in order that an end be put to hopelessly troubled marriages. Divorce, however, through God's mercy, has to be pronounced thrice in order to give the oppurtunity to each of the spouses to try to save the marriage. God has given the husband the right to divorce because he is more responsible and more considerate of the consequences. On drawing the marriage contract, however, or at any time later, the wife can be entitled by the husband to ask for divorce when she wishes. This right of the wife to divorce is called *'isma*. When the wife obtains it she is said to have the *'itma* in her hands. It is customary now to have the consider the three divorces pronounced at the same time as one divorce.

  Divorce may take place before and after the marriage is consummated. Should the bridgegroom pronounce the divorce once or twice before the marraige is consummated, a new contract and a new dowry is required. The reason wh marriage is savd in this case is that the rest of the divorce formulas have not been pronouned. But should the third prenouncement of divorce be made before the consummation of marriage then the bride has to marry another and have marital relations with im before going back to bridegroom. However, the bride who gets divorced before the consummation of marriage is entitled to half of dowry.

  If after the consummation of marriage the husband pronounces divorce once or twice, he still can save the marriage as long as the wife is in waiting period (*'idda*). But if the waiting period is over, a new contract and a new dowry are required to make the marriage lawful. The reason for enabling the husband, in this case, to save the marriage, is that the third divorce was not pronounced. But if the husband divorces three times after the

[/quote]

[quote]
consummation of the marriage, the nhe cannot go back to the wife except after she gets married to another, and has marital relations with him.

  No expiation is required in the case of pronouncing the divorce and in the case of going back to the wife.

  If the husband dies after he had divorced once or twice and while the wife is still in thw waiting period, she gets entitled to inherit him. She, however, then enter the waiting period which follows the death of the husband. If the wife dies in the waiting period and after she has been divorced once or twice, the husband is entitled to inherit her. If the death or either of them takes place after the waiting period, the divorce has to be considered as irrevocable, and the right inheritance is lost.

[/quote]

45

Re: Is marriage a contract?

thanks for sharing however quran was written in arabic, i really would like to have the opinion of an arabic speaker, abou the word used in quran and it’s meaning :flower1:

46

Re: Is marriage a contract?

It is taken from Quran.

**Source:
****The Quran: **An Enlish Translation of the Meaning of the Quran
Checked and Revised by: Dr. Mahmud Y. Zayid
**Assisted by: **Committe of Muslim Scholars
Approved by: The Supreme Sunni and Shii Councils of the Republic of Lebanon
Published By: Dar Al-Choura
Year: 1980

47

Re: Is marriage a contract?

yup pakistanese law is this

** The Muslim Family Laws Ordinance**:The MFLO introduced marriage registration and provides for penalties of fines or imprisonment for failure to register.

The MFLO requires that the divorcing husband shall, as soon as possible after a talaq pronounced “in any form whatsoever”, give the chairman of the Union Council notice in writing. The chairman is to supply a copy of the notice to the wife. Non-compliance is punishable by imprisonment and/or a fine. Within thirty days of receipt of the notice of repudiation, the chairman must constitute an Arbitration Council in order to take steps to bring about a reconciliation. Should that fail, a talaq that is not revoked, either expressly or implicitly, takes effect after the expiry of ninety days from the day on which the notice of repudiation was delivered to the chairman.

following portion is out of context,i may be jailed in the comming soon gd forum for derailing but it shows how law is misused:

Most of the time divorces are intentionally not registered by the husbands and women are booked under ‘Offence of Zina (Enforcement of Hudood), Ordinance, 1979 upon exercising their right to remarriage.

48

Re: Is marriage a contract?

i previously posted a fatwa referring to marriage as a contract.

noor under fire:D!!!

49

Re: Is marriage a contract?

Personally, I think there should only be marriage between two people if they have an emotional connection, if they love each other. What I am saying is that one way of looking at marriage is as a contract, but it is not the only way. In fact, the emotional/spiritual aspect of marriage carries greater significance, IMO, than its legal aspect. However, one cannot deny the legal aspect and it is there for a good purpose. You agree?

50

Re: Is marriage a contract?

Nia sahiba…actually, everybody else, including me, seems to be on the same page but you are kind of off the track here…read your post again and u would know what i’m talking about honey:rolleyes:
Calling ‘marriage’ a contract doesnt degrade it in any way shape or form…i suggest u read all the replies again and see where everone else (in fav of marriage being a contract) is coming from. As i said before…understand the meaning of “contract” and then think why majority is calling it a contract.
:flower1:

51

Re: Is marriage a contract?

Yeah I saw that Indian movie too. It was alright, Aishwarya looked real pretty.

52

Re: Is marriage a contract?

Wow, so many replies and such a wonderful and intelligent discussion from diverse cross-sections. Thanks all the participants. Even though marriage is viewed as a contract, but in reality it's a spiritual and emotional bond. Unfortunately our laws have not progressed enough to deal with it in a desired way. It took centuries for our human law to progress to a stage where we can boast of a society where religious, racial and gender discrimination is viewed illegal. We have yet to go a long way where marriages are not defined as merely a contract.

53

Re: Is marriage a contract?

TDW :hehe:

54

Re: Is marriage a contract?

:omg: :rotfl:

55

Re: Is marriage a contract?

:omg: :omg:

that just fooking killed me. :omg:

56

Re: Is marriage a contract?

i feel u were waiting to say wat u said despite anything.

[quote]
but in reality it's a spiritual and emotional bond
[/quote]

reality of mind,of intellect or of the world?

[quote]
but in reality it's a spiritual and emotional bond
[/quote]

so is living as a society,full of laws.

[quote]
Unfortunately our laws have not progressed enough to deal with it in a desired way.
[/quote]

u think they will ever?

[quote]
where religious, racial and gender discrimination is viewed illegal.
[/quote]

ILLEGAL***.
yes.
why?

due to legal identity and the laws that made sure of it.!

57

Re: Is marriage a contract?

Get up, people are talking as in Legal meaning. You are just getting too excited & not bothering to know what makes your children ligitimate.

Mehndi outfit??