(Extract and abridged from a handbook on marriage issued by ISNA)
The Wali:
A wali (guardian) of the brid eis necesssary to represent her in concluding the contract. The wali is a male relativewho would be her guardian if she were a minor e.g. a father. However if he is not available, a brother, uncle, grandfather etc. If none of these exist then a muslim ruler or judge and if they do not exist then a prominent leader of the muslim community (see Fiqh us sunnah, Syed Sabiq, Sar al-Kitab al Arabi, Beirut, 2nd ed, 1973, vol 2 page 120)
No marriage contract is valid without a wali - Tirmidhi and Abu Dawood
A woman may not act for another in concluding a marriage contract, and a woman may not conclude her own marriage contract - Ibn Majah and Daraqutni
The offer and acceptance:
Both offer and acceptance must be explicit in mentioning the word marriage (or any other word in any language infering a similar situation). Both should be made at the same sitting i.e. one party to the other.
The brides agreement:
The bride must be agreeable to concluding the marriage by her wali. This agreement should be specific to marrying a specific man and all other conditions if any.
The witnesses:
At least two muslim male witnesses are required or one muslim and two female - all of them having reached the age of puberty and being of good character.
The sadaq:
The Sadaq or Mahr (dowry) is a required marriage gift given by the groom to the bride. It represents his commitment to take care of all the family expenses including her personal needs
.And give women their dowry as a free gift (surah 4 verse 4)
Sadaq may be money or in kind, but it should be specified in its kind and quantity. It may be paid fll at the time of contract, or postposed ot a definate or indefimate dat ein the future. That which is deferred becomes due upon divorce. The value of sadaq can be anything from $1 upward.
The Procedure:
1. Witnesses and guests take their seats
2. The wali of the bride and the groom sit facing each other, close to the witnesses so that they can be seen and heard by the witnesses
3. A learned man dleivers a short ceremonial speech (see khutbah at end)
4. Then the wali of the bride addresses the groom
.
"In the name of Allah the Merciful, the Mercy giving, Praise be to Allah, Lord of the worlds, and Prayer and Peace be upon the Prophet Muhammed, his family and the companions.
I Marry you my daughter (sister/niece etc - mention full name)
.whom I represent, in accordance to Islamic Law and the tradition of the messenger of Allah (pbuh) and for the sadaq agreed between us (details of the sadaq and method of payment may be mentioned).
[the grroom answers]
In the name of Allah the Merciful, the Mercy giving, Praise be to Allah, Lord of the worlds, and Prayer and Peace be upon the Prophet Muhammed, his family and the companions.
I accept to marry the woman you represent
.. in accordance to Islamic Law and the tradition of the messenger of Allah (pbuh) and for the sadaq agreed between us (details of the sadaq and method of payment may be mentioned)."
[This offer and acceptance should be declared in the presence of the witnesses, Allah is the best of witnesses. By this the marriag eis concluded and the bride and groom become husband and wife].
6. To make the marriage publically it is reccomended to have a walimah. The Prophet (pbuh) saw a trace of yellow colouring on Abd al Rahman and asked, what is this? He answered, I got married. The Prophet (pbuh) said May Allah make it a blesing for you. Make a walimah even with only a sheep. - Bukhari, Muslim and others.
7. The best way to congratulat ethe bride and the groom is to say : May Allah make it a blessing for you and a blessing to you together with all that is good - Tirmidhi, Abu Dawood
The Marriage Khutbah:
[This is not essential, the mariage will be legal without it]
Praise be to Almighty Allah, the sustainer of the worlds whom we ask help and pardon. We seek refuge in Allah from the evils within ourselves and from our evil actions. He whom Allah guides no one can lead astray and he who He leads astray ha sno one to guide him. I testify that there is no diety but Allah and that Muhammed is His servant and His messenger.
Almighty Allah has created humanity, male and female, each on need of another, and establisehed the institution of marriage as a means of uniting the souls I n a blessed bond of love leading to their pleasure and happiness in a way advantageous to mankind.
The Quran reads 'It is He who has created man from water, and made him kindered of blood and marriage. Your Lord is all powerful.' (25:54
And He reminds us of His great favours ' And among His signs is that He created for you of yourselves spouses that you may live in joy with them, and He has set between love and mercy, surely in that are signs for those who reflect' (30:22)
And Peace and Blessing be upon His great and beloved Prophet and last messenger Muhammed, who emphatically urged muslims to marry. He said: Young men, those of you who can afford to marry should do so. Marriage is th ebest check for lustful eyes and an effective help to maintain chastity.
Brothers and sisters at this auspicious moment, we are uniting in the bond of marriage and bedience to the guidance of our creator and in obdeience to the practice of our beloved Prophet (pbuh) our brother
.and sister whom have decided to live together as husband and wife, sheltered with the blessings of Almighty Allah and His divine Benevolence. May Allah fill their life with joy and may he grant them peace, health and prosperity.. May they always live together in an atmosphere eof tranquility and never diminishing love and tender regard for each other.
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