S
shazirah
Guest
The legal aspects of marriage are mostly what’s treated in classical Islamic text and it establishes the basic ground rules, boundaries, what the duties of each partner basically are, and how to resolve conflicts and/or proceed with a divorce. Temporal marriage is mostly about providing a stable framework for society that allows children to be brought up in reasonably good environments and for people to meet their needs without sin. The idea of two people becoming one inseparable flesh doesn’t really exist in Islam, however the love between a husband and wife is considered to be something especially holy. Taking care of your spouse, loving them, and sticking by them is a method of practicing righteousness and so while divorce is freely permitted in the interest of dissolving situations that just do not work and which are not productive to society or the family, it falls into the category of things that are permissible but not commendable.
Because there are a lot of different situations that people find themselves in, there are several types of marriage permitted by various sects of Islam. The main, preferable practice is nikah, which is your typical marriage contract with all the stipulations of sharia law, registered with the state one lives in, etc. Nikah misyar is a marriage where the couple reside in separate households and provide their own material support for themselves, which can be the best option for young people and people who may live in separate countries for awhile before entering full nikah. An aunt of mine had a nikah misyar with her husband for a year or so until he had finished his work obligations and was able to move back to the US, for instance, during which time she lived with my grandparents and they both saved up money to buy a house.
Nikah urfi is recognized in some sects but its controversial. It’s a type of common law marriage where the marriage is never registered with the state. Nikah halala is even more controversial, as it’s basically a legal technicality used for people who have divorced each other twice to remarry (it only ever seems to come up in sketchy situations and it has tenuous legal backing, so it’s rare indeed).
Twelver Shia allow nikkah mutah, which is a temporary marriage. The term of the marriage is agreed in advance and it can be of any duration. It’s been exploited by a lot of people to allow prostitution and other things that would otherwise be classified as zina, and so it’s really controversial and has been getting a lot of attention in Iran. Sunni consider mutah to be invalid and basically a form of prostitution.
Because there are a lot of different situations that people find themselves in, there are several types of marriage permitted by various sects of Islam. The main, preferable practice is nikah, which is your typical marriage contract with all the stipulations of sharia law, registered with the state one lives in, etc. Nikah misyar is a marriage where the couple reside in separate households and provide their own material support for themselves, which can be the best option for young people and people who may live in separate countries for awhile before entering full nikah. An aunt of mine had a nikah misyar with her husband for a year or so until he had finished his work obligations and was able to move back to the US, for instance, during which time she lived with my grandparents and they both saved up money to buy a house.
Nikah urfi is recognized in some sects but its controversial. It’s a type of common law marriage where the marriage is never registered with the state. Nikah halala is even more controversial, as it’s basically a legal technicality used for people who have divorced each other twice to remarry (it only ever seems to come up in sketchy situations and it has tenuous legal backing, so it’s rare indeed).
Twelver Shia allow nikkah mutah, which is a temporary marriage. The term of the marriage is agreed in advance and it can be of any duration. It’s been exploited by a lot of people to allow prostitution and other things that would otherwise be classified as zina, and so it’s really controversial and has been getting a lot of attention in Iran. Sunni consider mutah to be invalid and basically a form of prostitution.