النص المفهرس

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الفضل الأول
SECTION I
FIRST GET WOMEN'S CONSENT
(٢٦(٣) عَنْ أَبٍ هُرَيْرَةً قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ لَا تُنْكُمُ الْأَبِّمُ حَتّى تُسْتَأْمُرَ وَلَا تُنْكِّمُ
الْبِكْرُ حَتى تُسْتَأْذُكَ قَالُوا يَا رَسُولَ اللَّهِ وَكَيْفَ إِذْتُهَا قَالَ أَنْ تَسْكُّتَ - (متفق عليه)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3126
, said, "A woman who has no husband must not be married without getting her
directions and a virgin must not be married without getting her permission."
They asked, "O Messenger of Allah, how may her permission be get?" He said. "It
is that she keep silent."1
COMMENTARY: The Arabic word is ayyim for the woman without a husband. She may
be a spinster, a divorced or a widow. In this hadith, she is a divorce or a widow.
The different procedures in obtaining their consent is because the older woman will not be
very shy. She will make a request herself to be married to someone or give an obvious
indication. The virgin will be shy and hesitant but when she is asked she does offer an
answer though generally not an audible reply but a silence.
The jurists interpret this hadith by classifying the woman in four kinds:
(i)
The thayyib balighah who is an adult widow. All the ulama (Scholars) agree that it
is imperative to get her permission before marrying her, provided she is sane. If
she is insane then she will be married with the permission of her wali (guardian).
(ii)
The minor virgin (bakirah saghirah). The ulama (Scholars) unanimously say
that her permission is not necessary. Her wali may get her married without
obtaining her permission.
(iii)
The thayyib saghirah or the minor widow. The Hanafi scholars maintain that
she may be married without her permission, but the Shafi'is say that her
marriage without her permission is disallowed.
(iv)
The adult virgin (bakirah balighah). The Hanafis say that her marriage is not
allowed without her permission but he Shafi'is say that her marriage is valid
even without her consent.
This interpretation shows that the Hanafis restrict guardianship to the minors. In other
words, a guardian is within his rights to get a woman married without obtaining her
permission when she is a minor whether a virgin or a widow. It also shows that the Shafi'is
restrict guardianship to virginity. This means that a guardian may have a woman married
without asking her permission when she is a virgin (previously unmarried) whether she is
a minor or an adult.
The Hanafis base this hadith for an adult, widow or virgin. The Prophet's ,led to words
that a virgin may not be given in marriage without her consent are a clear rejection of the
contention of the Shafi'is.
(٣١٢٧) وَعَنِ ابْنِ عَبَّاسِ أَثَّ النَّبِيَّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ الْأَبِّهُ أَحَقُّ بِنَّفْسِهَا مِنْ وَلِيْهَا وَالْبِكُرُ
◌ُسْتَأْذَنْ فِيْ نَفْسِهَا وَإِذْتُهَا صُمَاتُنَا وَفِيْ رِوَايَةٍ قَالَ الَّيِّبُ أَحَقُّ بِنَفْسِهَا مِنْ وَلِتِهَا وَالْبِكُرُ تُسْتَأْمُرُ وَإِذْ هُمَا
1 Bukhari # 6968, Muslim # 64-1419, Tirmidhi # 1109, Abu Dawud # 2092, Nasa'i # 5611, Ibn Majah #
1871, Musnad Ahmad 2-250, Darimi # 2186.

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◌ُكُوْتُهَا- وَفِى رِوَايَةٍ قَالَ الثَِّبُ أَحَقُّ بِنَفْسِهَا مِنْ وَلِيُّهَا وَالْبِكُرُ يَسْتَأْذِتُهَا أَبُوْهَا فِيْ نَفْسِهَا وَإِذْتُهَا صُمَا تُهَا.
(رواه مسلم)
3127. Sayyiduna Ibn Abbas رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "The
ayyim (meaning a widow or a divorcee, adult and sane) has more right about
(marriage of) herself than her guardian. A virgin (who is an adult) must be asked
for permission about herself. Her permission is her silence."
According to another version, he said, "The Thayyib (meaning, a widow) has
greater right about herself than her guardian. A virgin must be asked for her
opinion (concerning her marriage). Her permission is her silence.
According to another version, he said, "The thayyib has more right about herself
than her guardian. As for a virgin, her father must ask her permission about herself
and her permission is her silence."1
COMMENTARY: The widow is absolutely free or authorized concerning her marriage. She
is at liberty to grant permission or not and her marriage can be valid only when she gives
her oral permission. On the other hand, it is not necessary for a virgin to speak out her
permission and she may do it even by observing silence. The rest of the comments are
identical to the previous commentary.
WIDOW MAY REPUDIATE HER MARRIAGE IT CONSENT WAS NOT OBTAINED
(٣١٢٨) وَعَنْ خَنْسَاء بِئْتِ خِذَامٍ أَّ آجَاهَا زَوَّجَهَا وَهِىَ تَيِّبْ فَكَّرِ هَتْ ذُلِكَ فَأَتَتُ تَسُولَ اللهِ صَلَّى
اللهُ عَلَيْهِ وَسَلَّمَ فَرَدَّ نِكَاحَهَا رَوَاهُ الْبُخَارِىُّ وَفِى رِوَيَةٍ ابْنِ مَاجَهَ نِکَاءَ آَبِئُهَا.
3128. Sayyidah Khansa' bint Khidham us às+, narrated that her father married her
(without obtaining her permission, to someone). She was a widow (and an adult) ,
and she disliked that (action of her father). So, she came to Allah's Messenger a.
yske (with her complaint). He annulled her marriage.
The version in Ibn Majah also has; 'the marriage (in which she was given) by her father."2
صلى الله عليه وسلم AGE WHEN MARRIED TO PROPHET رضى الله عنها SAYYIDAH AYSHAH'S
(٣١٢٩). وَعَنْ عَائِشَةً أَّ النَّيَّ صلَّى اللّهُ عَلَيْهِ وَسَلَّمَ تَزَوَّجَهَا وَهِىَ بِنْتُ سَبْعٍ سِنِيْنَ وزُّقَّتُ إِلَيْهِ وَهِىَ بِنْتُ
تِسْعِ سِنِيْنَّ وَلُعْبُهَا مَعَهَا وَمَاتَ عَنْهَا وَهِىَ بِئْتُ ثَمَانَِ عَشَرَةً-(رواه مسلم)
3129. Sayyidah Ayshah رضى الله عنها narrated that the Prophet صلى الله عليه وسلم married her
when she was seven years old. And she was led to his house when she was nine
years old, her toys being brought with her. He died (separating) from her when she
was eighteen years old.
COMMENTARY: This hadith speaks of the early life of Sayyidah Ayshah Que al +, she had
the Prophet's صلى الله عليه وسلم company and was his wife for nine years.
1 Muslim # 66-1421, Tirmidhi # 1110, Abu Dawud # 2098, Nasa'i # 3265, Ibn Majah # 1870, Darimi #
2190, Muwatta Maalik 4 (Nikah (wedlock)). Musnad Ahmad 1-219.
2 Bukhari # 5138, Abu Dawud # 2101, Nasa'i # 3268, Ibn Majah # 1873, Darimi # 2192, Musnad
Ahmad 6-328.

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When she was brought, she was nine years old, the age of childhood. That is why she had
her toys with her, the dolls that children generally play with.
According to a hadith, the Prophet ,,la did not express disapproval on seeing the
dolls. This means that it is not disallowed to make dolls and children are permitted to play
with them. The ulama (Scholars) say that in this way girls learn to raise children, improve
the affairs at home and train as administrators of the house.
However, there is one possibility. This thing took place at the time of hijrah (emigration) till
then the command prohibiting pictures was not enforced probably. The ulama (Scholars)
also say that the dolls of Sayyidah Ayshah Que a +, did not have faces on them as in
pictures that are forbidden. Rather, they were pieces of cloth and rags tied together.
(Ibn Kathir says that she was six or seven when she married the Prophet ,, le ano. See
The life of Prophet Muhammad صلى الله عليه وسلم p 217, Darul Isha'at, Karachi)
SECTION II
الفضل الثَّانِي
MARRIAGE OF MINOR GIRL WITH GUARDIAN'S NOD
(٣١٣٠) عَنْ أَني ◌ُؤُنِى عَنِ النَِّيِّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا نِكَاءَ إِلَّا بِوَلِيّ- (رواه أحمد والترمذى
وابو داود وابن ماجة والدارمى)
3130. Sayyiduna Abu Musa رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said,
"Marriage does not take place without (the permission of) the guardian."1
COMMENTARY: The Hanafis say that this hadith concerns a minor girl and an insane girl.
Imam Shafi'I al>, and Imam Ahmad als, go by the literal meaning of this hadith and say
that marriage can only be valid with a guardian's consent, not with woman's contracting
whether the bride herself or the agent.
Imam Nawawi ale>, said that most ulama (Scholars) deny the validity while Imam Abu
Hanifah àla», denies its perfection (when applying it to a minor and insane girl).
(٣١٣١) وَعَنْ عَائِشَةَ آَّ رَسُوْلَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ أَيُّمَا إِمرَأَةٍ تَكٌّحَتْ نَفْسَهَا بِغَيْرٍ إِذْنٍ وَلِيّهَا
فَتِكَاحُهَا بَاطِلْ فَتِكَاحُهَا بَاطِلٌ فَتِكَاحُهَا بَاطِلْ فَإِنْ دَخَلَ بِهَا فَلَهَا الْمَهُرُ بِمَا اسْتَحَلَّ مِنْ فَرُچِهَا فَإِنِ
اشْتَجَرُوا فَالسُّلْظَاهُ وَلِىمَنْ لَّا وَلِىَّلَهـ(رواه أحمد والترمذى وابوداود وابن ماجة والدارمى)
3131. Sayyidah Ayshah رضى الله عنها narrated that Allah's Messenger صلى الله عليه وسلم said,
"Any woman who marries herself without the consent of her wali, her marriage is
void. Her marriage is void. Her marriage is void. If sexual intercourse takes place,
then for her is the dower because of the intercourse. If there is a dispute (between
the guardian), then the king is the guardian of one who has no guardian."2
COMMENTARY: The Prophet (,,le ino repeated the words 'her marriage is void' three
times. so, he emphasized that marriage should be conducted only with the guardian's
permission. That is the basic requirement. So, this hadith and others of the same purport
are contradictory to the hadith of Sayyiduna Ibn Abbas As an>> (# 3127) "The Ayyim has
1 Abu Dawud # 2085, Tirmidhi # 1101, Ibn Majah # 1881, Darimi # 3183, Musnad Ahmad 4-394.
2 Tirmidhi # 1104, Abu Dawud # 2083, Ibn Majah # 1879, Darimi # 2184, Musnad Ahmad 6. 166.
1
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more right about herself ... "
The Hanafi explain this hadith by saying that it refers to the woman who marries one who
is not her equal without the guardian's permission, or a minor girl, or a female slave, or a
mukatabah marries without her guardian's permission. In such cases the marriage is void.
Moreover, this hadith and the preceding one are not of the standard whereby they could be
used as argument against any contention. The scholars question their soundness.
The concluding portion of the hadith means that if the guardians of a woman disagree
among themselves and quarrel then their decisions are quashed. In this case the right of
guardianship rests with the king. If there is a guardian then the king has no right of
guardianship.
NOTE: We now present an explanation of this subject and the relative ruling from the
English translation of Tirmidhi (V 1 pp463/4) published by Darul Isha'at Karachi.
The ulama (Scholars) abide by this hadith and rule that a marriage performed without
guardian's consent is unsound. This is confirmed by Sa'eed ibn Musayyib, Hasan Busri
Shurayh. Ibrahim Nakha'I Umar ibn Abdul Aziz and other and also Sufyan Thawri,
Awza'I, Maalik Abdullah ibn Mubarak, Shafi' Ahmad and Ishaq.
RULING: The disagreement (of marriage without guardian's consent) is well known. Thus,
the contention of the Shafi'I is that a marriage is simply not contracted by woman directly
(on their own authority). They rely on the two foregoing hadith of Sayyidina Abu Musa (+)
Aus à and Sayyidah Ayshah Que &+). On the other-hand, the Hanafis hold that marriage is
validly contracted by woman's direct execution though it is dependant on a guardian who
may raise an objection or grant his approval.
The Hanafis say of these ahadith that both the ahadith are not worthy of drawing
conclusion from, because it is reported from Sayyidah Ayshah Que a >, that, in the absence
of her brother Abdur Rahman ibn Abu Bakr we alt +, she conducted the marriage of his
daughter. When he returned, he expressed his disapproval for it but did not declare that.
the marriage was void. The event is co-related in that the Shafi'I draw on a hadith which is
also by Sayyidah Ayshah usd +, and the conduct is contrary.
So there are only two aspects to it:
(1) Either Sayyidah Ayshah us à +, did not herself consider her hadith as sahih, so did
not hesitate to act against it, in which case her judgement - we seek refuge in Allah from
such thought - is doubtful and her hadith is not worth citing as evidence, but, of course,
this is preposterous;
(2) Or, she does abide by her hadith, but the sense she implies is not what the Shafis
understand, because she did marry off her niece in the absence of her guardian, Abdur
Rahman ibn Abu Bakr رضى الله عنه. Thus, the hadith of Sayyidah Ayshah رضى الله عنها covers the
female slaves, not free woman. This is the interpretation the Hanafis give to Sayyidah
Ayshah's رضى الله عنه hadith.
As for the hadith of Abu Musa usd+), it is not a worthy piece of evidence, because there is a
contradiction in its reporting and connection. Imam Tirmizi anos, has himself confirmed this.
Hence, the correct position is that this hadith is mursal, as Imam Tahawi also confirms while
Allamah (The learned Scholar) Hajr Asqalani said that it is not correct to deduce from it.
Following this brief discourse, we now present some of the arguments of the Hanafi School:
1. It is reported in the sihah that when the prophet Lylea Lo sent proposal for marriage to

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Sayyidah Umm Salamah As an») , she submitted, "O Messenger of Allah! I have no
guardian present". He said, "A widow has more right over herself than her guardian".
Hence the hadith is evidence that a marriage, without a guardian, is allowed.
2. The text of the Qur'an also are evidence of the Hanafi contention. At many places, the
conclusion of marriage is bracketed with woman without placing the condition of consent
of the guardian. For instance;
. بِالْمَعْرُوُفِ- (البقرة: ٢٣٢)
وَإِذَا طَلَّقْتُهُو النِّسَآءَ فَبَلَغْنَ آَجَلَهُنَّ.
And when you have divorced (your) woman, and they have completed their
(waiting) term then you should not prevent them from marrying their husbands
when they have agreed among themselves. (2: 232)
This verse places on the woman authority to conduct marriage without condition of guardian's
consent. Thus, it is evidence that marriage may be contracted with a woman's words.
3. The Hanafis deduce through qiyas that just as a man who can utilize her property may
properly marry by word of expression, s also a woman who can utilize her property at will
may conclude marriage by her word. Hence, just as she had right over her property, she
also has right over her person.
In short, it is clear from the foregoing brief discussion of the Shafi'i point of view in the
light of the ahadith and the text of the Quran and qiyas that the Hanafi contentin is strong
and correct. (FA)
(FA) is Dr Mawlana Fazal Ahmad Professor: Islamic learning, Karachi University.
MA (Islamic learning)
MA (Islamic history)
MARRIAGE WITHOUT WITNESSES IS NOT PROPER
(٣١٣٢) وَعَنِ ابْنِ عَبَّاسٍ أَّ النَّبِيَّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ الْبَغَايَا اللَّقِ يُنْكِحُنَ آَنْفُسَهُنَّ بِغَيْرٍ بَيِّنَّةٍ
وَالْآَصَغُّ اَنَّهُ مَوْقُوْفٌ عَلَى ابْنِ عَبَّاسٍ-(رواه الترمذى)
3132. Sayyiduna Ibn Abbas رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "Those
women commit adultery who marry themselves without (there being) witnesses (to
their marriage)."
The correct is that this hadith is mawquf at Sayyiduna Ibn Abbas as a+, (This is
1 رضى الله عنه but of Ibn Abbas صلى الله عليه وسلم not a saying of the Prophet
COMMENTARY: There must be two men who witness the marriage being conducted. The
ulama (Scholars) are unanimous about it, and the sahabah (Prophet's Companions) sano)
and tabi'un ales, observed it.
WOMAN'S SILENCE ON BEING ASKED IS HER CONSENT
(٣١٣٣ -٣١٣٤) وَعَنْ أَبِئْ هُرَيْرَةَ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ اَلْيَّتِيْمَةُ تُسْتَأْمَرُ فِي نَفْسِهَا فَإِنْ
صَمَّتَتْ فَهُوَ إِذْتُهَا وَإِنْ آَبَتْ فَلَا جَوَازَ عَلَيْهَا - رَوَاءُ التِّرْ مِذِىُّ وَأَبُوْدَاوَدَ وَالنَّسَائِىُّ وَ رَوَاهُ الدَّارِيُّ عَنْ آبِمُؤْسی۔
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurahrah .3133
said, "An adult virgin woman must be asked about herself (for permission for her
1 Tirmidhi # 1105.
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marriage). If she observes silence, that is her consent but if she refuses then she
cannot be compelled."1
3134. Sayyiduna Abu Musa weil », also narrated this hadith.2
COMMENTARY: Marriage is a very important turning point in a person's life. If the
wishes of the couple are by passed by parents or guardian, then even a slight slackness or
carelessness on their part could play hell with the lives of the couple. Hence, ¿ (divine law)
has given right to every adult Muslim man and woman to declare his wishes, like and
dislikes at this juncture.
The parents and guardians of woman have been instructed very strongly that they should
not let their choice and wishes dominate over the woman's decision. They should let her have
an opportunity to think over and they must base their decision on her wishes and consent.
It is also made easy for her: if she is shy and ashamed to speak out then her silence is taken
as an approval. However, this is only before her guardian. If any one else asks her for her
consent, then she will have to give an oral reply necessarily.
SLAVE'S MARRIAGE ONLY WITH MASTER'S PERMISSION
(٣١٣٥) وَعَنْ جَابِرٍ عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ أَيُّمَا عَبْدٍ تَزَقََّ بِغَيْرٍ إِذْنٍ سَيِّدٍ فَهُوَ عَاهِرْ- (رواه
الترمذى وابو داؤد والدارمى)
3135. Sayyiduna Jabir رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "If a slave
marries without obtaining permission of his master then he is a fornicator."3
COMMENTARY: If a slave marries by passing his master's permission then when he has
sexual intercourse with his wife that will amount to fornication and will be a forbidden act.
Imam Shafi'I al, and Imam Ahmad als, abide by the hadith and hold that even if the
master gives his permission after the slave's marriage, that contract will not be correct. But,
Imam Abu Hanifah ales, says that the slave's marriage without his master's permission is
proper but its enforcement depends on his master's permission. When the master permits
him, it becomes sound or correct. It is like the command for the nikah (wedlock) of fuduli.
(He will have to marry all over again and till then it would not be proper to enforce it.)
SECTION III
الفَصلُ الثَّالِثُ
ADULT WOMAN IS AUTHORIZED TO MARRY AT WILL
(٣١٣٦) عَنِ ابْنِ عَبَّاسٍ قَالَ إِّ جَارِيَّةً بِكْرًّا أَتَتْ رَسُوْلَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَذَكَّرَتْ آبَّ آبَاهَا
زَوَّجَهَا وَهِىَ كَارِهَةٌ فَخَيَّرَهَا النَِّىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ- (رواه ابوداؤد)
3136. Sayyiduna Ibn Abbas us às », narrated that (once) an unmarried (adult) girl
came to Allah's Messenger صلى الله عليه وسلم and complained that her father had married
her against her will, so, the prophet صلى الله عليه وسلم gave her choice (to retain that
marriage or to revoke it). 4
1 Tirmidhi # 1111, Abu Dawud # 2093, Nasa'i # 3270, Musnad Ahmad 2-259,
2 Darimi # 2185.
3 Tirmidhi E 113, Abu Dawud # 2078, Ibn Majah # 1959, Darimi # 2233, Musnad Ahmad 3-377.
4 Abu Dawud # 2096, Ibn Majah # 1875.

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COMMENTARY: The guardian whether a father, grandfather, or any other relative has no
right to compel a woman to marry on his choice even if she is a virgin.
Imam Sha'fi's at der, says, however, that this applies only to a woman who is not virgin
whether adult or not. The guardian cannot compel her. But, he says, if a woman is a virgin
then the guardian has authority to marry her, even if she is an adult woman.
MUSTAHAB (DESIRABLE) FOR WALI TO MARRY OFF ADULT WOMAN
(٣١٣٧) وَعَنْ آبيْ هُرَيْرَةَ قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا تُزَوِّجِ الْمَرْأَّةُ الْمَرْأَةَ وَلَّا تُزَّوِّجُ الْمَرْأَةُ
نَفْسَهَا فَإَِّ الزَّانِيَّةَ هِىَ الَّتِيْ تُزَقُِّ نَفْسَهَا - (رواه ابن ماجة)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurahrah .3137
said, "No woman should give another woman in marriage nor give herself in
marriage, for she who marries by herself is an adulteress."1
COMMENTARY: The Hanafis say the woman who is not a guardian is disallowed to
marry off another woman, or this prohibition in nahi tanzihi. An adult woman is permitted
to marry without her guardian's permission or appoint anyone as her guardian, but it is
mustahab (desirable) for her to entrust her guardian to get her married. As stated earlier, if
there is no guardian for any one then the qadi: is her guardian.
Hence, the gist of this hadith is that it is better for a woman to let her guardian give her in
marriage if he is there and no other woman may give her in marriage (instead of the
guardian). If her guardian is not presents then the Qadi will give her in marriage.
The hanafis say about a woman not being allowed to give herself in marriage that it applies
to a woman who marries without there being witnesses to one who is not her equal.
Imam Shafi'I als, takes it to mean that no woman should marry without her guardian's
permission.
According to the Hanafis, therefore, if a woman has sexual intercourse with her husband whom
she has married in the absence of witnesses and who is not her equal then that is adultery.
According to the Shafi'is, if a woman marries someone without her guardian's consent then
every time she and her husband have sexual intercourse that will be adultery. Imam Shafi'I
altes, holds that just as a woman cannot give another woman in marriage, so too she has no
authority to marry anyone by herself.
A FATHER'S DUTY
(٣١٣٨) وَعَنْ آَبٍ سَعِيْدٍ وَابْنِ عَبَّاسٍ قَالَا قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَنْ وُلِدَ لَهُ وَلَاْ فَلْيُحِمْنِ اسْمَهُ
وَآدَبَّهُ فَإِذَا بَلَغَ فَلْيُزَوِّجُهُ فَإِنْ بَلَغَ وَلَمْ يُزَوِّجُهُ فَأَصَابَ إِنْمَّا فَإِنَّمَا إِثْمُد عَلى آيئه۔
3138. Sayyiduna Abu Sa'eed رضى اللهعنه and Sayyiduna Ibn Abbas رضى اللهعنه both narrated that
Allah's Messenger yleao said, "When a son is born to anyone, he should give him a
good name and a good training (with commands of : (divine law) and manners). And,
when he attains puberty, he should marry him. If he does not marry him when he
attains puberty and he commits a sin, then the sin is blamed on his father."2
COMMENTARY: The base of a good society are the youth who get the elementary training
1 Ibn Majah # 1882.
2 Bahyaqi # 8666 (Sha'b ul Eeman).

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of good deeds and character from their elders. If this elementary training is lacking then a
terrible spate of evils spreads all over because the youth are the ones who will take over.
Today, this is the main reason for the waywardness and shameless conduct in society. Our
youth are totally deprived of guidance from their elders.
The hadith draws the attention of parents to their important duty. They should teach their
child with religious education and train him along the lofty principles and paths of life. Get
him to practice good and act righteously.
The next dutyof parents when their child is grown is to marry him. In this way, they will
keep him away from falling into sin. If he perpetrates sin, then the father is held responsible.
The same command applies for caring for slaves, male or female, as for one's own child.
ARRANGE MARRIAGE OF DAUGHTER AS SHE ATTAINS PUBERTY
(٣١٣٩) وَعَنْ عُمَرَ بُنِ الْخُطَّابٍ وَآَنَسِ بُنِ مَالِكٍ عَنْ رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ فِي التَّوْرَاةِ
مَكْتُوُبْ مَنْ بَلَغَتِ ابْنَّتُهُ اثْنَتَى عَشَرَةَ سَنَّةً وَلَمْ يُزَوِّجُهَا فَأَصَابَتْ إِثْمَّا فَإِثُمُ ذَلِكَ عَلَيْهِ- رَوَاهُمَا الْبَيْهَقِىُّ
فِيْ شُعَبِ الْإِئْمَانِ-
, رضى الله عنه and Sayyiduna Anas ibn Maalik رضى الله عنه Sayyiduna Umar ibn Khattab .3139
both, narrated that Allah's Messenger صلى الله عليه وسلم said, "It is written in the Torah: If
anyone's daughter becomes twelve years old and he does not give her in marriage
and she falls into sin then that sin is against him."1
CHAPTER - IV
LETTING A MARRIAGE BE KNOWN THE
KHUTBAH (SERMON) & THE CONDITION
بَابُ إِعْلَانِ التِّكَاحِ وَالْخُطْبَةِوَالشَّرْطِ
It is mustahab (desirable) to make the nikah (wedlock) or marriage known. Thus, we are told.
"Announce the marriage even if you have to make it by beating the duff."
The ulama (Scholars) have different opinions about beating the duff. Some of them declare
that it is forbidden or absolutely makruh (disapproved) to beat the duff. Some others say
that it is permitted to do so. The more correct thing is that it is allowed to beat the duff on
the day of eed, arrival of a respected traveller or guest and on the occasion of a marriage.
Apart from these times, it is forbidden to beat the duff (Duff (s) is tambourine, hand
drum. Daff and diff have different meanings.)
KHUTBAH: This word is both Khutbah and khitbah. The latter is to sent a proposal or ask
a woman's hand in marriage while the former khutbah is the marriage sermon. The caption
can mean either of the two words but the more correct is khutbah or the sermon that is
delivered for the marriage.
The Hanafis say that is masnun to recite the khutbah while contracting he marriage. The
Shafi'is also say so but hold that it is also masnun while concluding any contract, like
buying and selling, etc.
BID'AH (INNOVATION) & CUSTOMS DURING MARRIAGE
These are the conditions that are mentioned in the marriage (agreement) whether corrupt
1 Bahyaqi # 8669 (Shab ul Eeman).

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or genuine.
It is unfortunate that such a pure thing as marriage to has corrupted with innovative
practices and customs of non Muslims. It has come to such an extent that customs contrary
to : (divine law) have been introduced to the wedding of Muslims that the original
character has been overshadowed. They are so many that it is difficult to point them out.
Nevertheless, we do enumerate a few customs and innovative practices in the hope that
they would he shunned. They are:
· The use of forbidden music and musical instruments.
· Dancing, singing and Qawwali.
· Garlanding the groom in a particular way, called sahra bandhna.
· Puppet show and such others.
· Decorating the home extravagantly.
· Luxurious wastage like covering wells with cloth.
· Riding horses.
· Leading the bridegroom in a procession throughout the city unnecessarily.
· Bridegroom's visiting shrines, and making offerings before resuming the procession.
· Playing drums with the groom's procession and singing songs by male and
female singers.
· Blowing fire crackers and wasting money in this way.
· Woman bringing sweetmeat before the procession of the bridegroom.
These are evil thing that are forbidden include:
· Displaying what should be concealed.
· Having the bridegroom sit on a silken seat.
. To measure the groom's turban with a string and to give the string to a sorcerer
that he might charm for the couple who might grow love for one another.
· Using gold and silver utensils.
· To shower extreme praise on the bridegroom and his party in the procession and to
flatter them beyond limits speaking lies in doing that.
Other things that are forbidden are:
· The bridegroom being made to wear silk, saffron coloured dress. (These things are
forbidden to men even otherwise.)
. Remove the bridegroom's turban and put it on the bride's head.
. The bridegroom circling round the bride seven times.
· Woman who are not mahram meeting the bridegroom, touching him and pulling
his ears and nose and having absence talk with him.
· Bridegroom having his thumb washed in milk by the bride.
· Women feeding the bridegroom sugar.
· Woman pouring milk in the mouth of the bridegroom.
· Placing lump of sugar on the bride's body and requiring the groom to pick it up
with his mouth.
· When bride and bridegroom are alone, women surrounding them.
These things are bid'ah and forbidden. They have nothing to do with : (divine law) or
sunnah (Prophet's صلى اللهعليه وسلم practice).
It is necessary to shun them.

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الفَضْلُ الْأَوَّلُ
SECTION I
DUFF IS PERMITTED AT MARRIAGES
(٣١٤٠) عَنِ الرُّبِّهِ بِنْتٍ مُعَوِّذِ بْنِ عَقْرَاء قَالَتْ جَاء النَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَدَخَلَ حِيْنَّ بُنِيَ عَلَّىَّ فَجَلَسَ
عَلَى فِرَاشِئُ كُمَجُلِسِكَ مِنَّ فَجَعَلَتْ جُوَيْرِيَاتْ لَنَا يَضْرِ بْنَّ بِالدُّقِّ وَيَنْدُبْنَ مَنْ قُتِلَ مِنْ أَبَائِىٌ يَوْمَ بَدْرٍ إِذْ
قَالَتْ إِحْدَاهُنَّ وَفِيْنَا نَبِّ يَعْلَمُ مَافِي غَدٍ فَقَالَ دَعِى هَذِهٍ وَقُولِى بِالَّذِئْ كُنْتٍ تَقُولِيُنَ-(رواه البخارى)
3140. Sayyidah Rubayye'i bint Mu'awwidh ibn Afra w a +, narrated that "When
صلى الله عليه وسلم after my marriage) I was brought to my husband's house, the Prophet)
came and entered. He sat on my bedding just as you have sat down on my bedding
(now). (She said this to Khalid ibn Dhakwan the sub-narrator of this hadith). Some
girls of our family (who were present with us) began to beat the duff extolling those
of my ancestors who were martyred on the day of Badr (praising to the sky their
bravery). Among them one girl said,
إِحْدَاهُنَّ وَفِيْنَا نَبِّ يَعْلَمُ مَافِي غَدٍ
(And among us is the Prophet who knows what will transpire tomorrow).
He (interrupted her and) said, 'Leave this, but (continue to) say what you had
been saying.'1
COMMENTARY: Afra was the mother of Sayyiduna Mu'awwidh. usd +, He was a great,
high-ranking sahabi who had raised the banner of truth on the day of Badr and gained
martyrdom during this. He is that distinguished personality of Islam who, alongwith his
brother Sayyiduna Mu'adh cần>), had killed the accursed Abu Jahl in the battle of Badr.
The girls were the little girls who were still in their childhood days. They had not
attained puberty.
Akmal ud din ales, said that it is clear from this hadith that at the time the bride is brought
to her husband's home, it is allowed to beat the duff to make it known. Some ulama
(Scholars) say that it is allowed also on some other happy occasions. However, the duff
should be without bells because a duff that jingles is makruh (disapproved) in the sight of
all ulama (Scholars).
The Prophet صلى الله عليه وسلم stopped the little girls from attributing to him knowledge of the
unseen because only Allah is the knower of the unseen. One else knows that. This is the
basic tenet of faith. Of course, Allah does disclose to His Messengers some of the things of
the unknown.
The hadith says that poetry that does not violate : (divine law) and basic tenets of faith and
does not contain falsehood and indecency is allowed. It may be recited and heard.
(٣١٤١) وَعَنْ قَائِشَةً قَالَتْ زُقَّتِ امْرَأَةٌ إِلَى رَجُلٍ مِنَ الْأَنْصَارِ فَقَالَ تَبِىُّ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَاكَانَ
مَعَدُّمُ لَهُوْ فَإِّ الْأَنْصَارَ يُمْجِبُهُمُ اللَّهُوُ - (رواه البخارى)
3141. Sayyidah Ayshah que a+, narrated that a bride was brought to the house of an
ansar (after their marriage). So Allah's Prophet .,,ledo asked him, "Do you not have
1 Bukhari # 5147, Ibn Majah # 1897.

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any entertainment?" (Shariah has allowed some of it) "The ansar like these things."1
MUSTAHAB (DESIRABLE) TO MARRY IN SHAWWAL
(٣١٤٢) وَعَنْهَا قَالَتُ تَزَوَ جَنِيْ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِيْ شَوَالٍ وَبَنِى فِيْ شَوَّالٍ فَآَمُّ نِسَاءَ رَسُولِ اللّهِ
صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ كَاتَ أَحْظَى عِنْدَهُ مِنِّى - (رواه مسلم)
3142. Sayyidah Ayshah رضى الله عنها narrated that Allah's Messenger صلى الله عليه وسلم married
her in (the month of) Shawwal. She was brought to his house (three years later) in
Shawwal. (She asked) "So (tell me,) which of his wives was more fortunate than I
was with him?"2
COMMENTARY: Some ignorant people consider it inauspicious to marry in Shawwal. It is
absolutely wrong. Rather, it is mustahab (desirable) to marry in this month and to bring the
bride the groom's home. The Arabs of the jahiliyah (ignorance period) also placed ill-omen
with shawwal. It was to reject this nation that Sayyidah Ayshah Que a+, indicated that if it
was really inauspicious to marry in this month, shawwal, then was it not so for her? She
not only married in Shawwal but was also brought to her husband's house in the same
month, Shawwal, three years later. In fact, she was most fortunate of all the wives of the
.رضى الله عنه and beloved by him of his wives صلى الله عليه وسلم Prophet
EMPHASIS ON PAYING THE DOWER
(٣١٤٣) وَعَنُ عُقْبَةً بُنِ عَامِرٍ قَالَ قَالَ تَسْوُلُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ الشُّرُوُطُ اْ تُوْفُوْا بِهِ مَا
اسْتَحْلَلْتُمُ بِهِ الْفُرُؤُبَ- (متفق عليه)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Uqbah ibn Aamir .3143
, said, "Of the conditions that you honour, the most necessary is that whereby
you have made sexual intercourse lawful."3
COMMENTARY: The most necessary or most important condition is the wife's dower or
all her rights that a husband is bound to give her.
These are called conditions because a man brings his wife home on condition that he will
pay her all her rights.
DO NOT PROPOSE MARRIAGE TO ANOTHER'S FIANCÉ
(٣١٤٤) وَعَنْ آنِيْ هُرَيْرَةً قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَا يَخْطُبُ الرَّجُلُ عَلَى خِطْبَةٍ آَخِيُهُ حَتَّى
يُتْكِحَّ أَوْ يَتُكَ - (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3144
said, "No man must sent a woman a proposal for marriage when his (Muslim)
brother has made a proposal to her to marry until he marries or abandons it."4
1 Bukhari # 5162.
2 Muslim # 73. 1423, Tirmidhi # 1095, Ibn Majah # 1990, Darimi # 2211, Musnad Ahmad 6. 54.
3 Bukhari # 5151, Muslim # 63. 1418, Tirmidhi # 1130, Abu Dawud # 2139, Nasai'i # 3281, Ibn Majah
# 1954, Musnad Ahmad 6-54.
4 Bukhari # 5144, Muslim # 52-1413, Tirmidhi # 2175, Abu Dawud # 2080, Nasai'i # 3241, Ibn Majah #
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COMMENTARY: This applies when the first proposal is nearly accepted in that both have
expressed willingness and the dower has been agreed upon.
If, in spite of this prohibition, a second man proposes marriage to the same woman and
marries her without the permission of the first man then he will have committed a sin
though the marriage would be correct.
WOMAN MUST NOT HAVE ANOTHER WOMAN DIVORCED
(٣١٤٥) وَعَنْ أَبِيْ مُرَيْرَةً قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا تَسْأَلِ الْمَرْأَّةُ طَلَاقَ أُخْتِهَا لِتَسْتَقْرَِ
صَحْفَتَهَا وَلِتَنْكِحُ فَإَِّ لَهَا مَا قُدِّرَلَهَا - (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3145
said, "No woman must demand that her (Muslim) sister should be divorced that she
may fill from her vessel (meaning, take away what is hers) and marry her husband
herself because she will have only what is decreed for her."1
COMMENTARY: This could be one of two things. A married man wished to take a second
wife who stipulates that he must first divorce his wife before marrying her. Or, a man has
two wives and one of them demands that the other should be divorced.
The prophet Lyle ano disallowed woman to make such a demand because every person
get what is decreed for him or her and there is no use wishing another's downfall.
In the second case, the translation would be: 'and have her husband to herself ... ' or 'the
co-wife may marry someone else.'
SHIGHAR IS DISALLOWED
(٣١٤٦) وَعَنِ ابْنِ عُمَّرَ آَكَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَى عَنِ الشِّغَارِ وَالشِّغَارُ أَنْ تُزَوِّجَ الرَّجُلُ ابْنَتَهُ
عَلَى أَنْ يُزَوِّجَهُ الْآخِرُ بُنَّهُ وَلَّيْسَ بَيْتَهُمَا صَدَاقْ - مُتَّفَقٌّ عَلَيْهِ وَفِي رِوَايَةٍ لِيُسْلِمٍ قَالَ لَا شِغَارَ فِي الإِسْلَامِ-
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna ibn Umar .3146
forbade shighar. And, shighar is that a man gives his daughter in marriage (to
another man) stipulating that the other marry his daughter to him, there being no
(payment of) dower between them.
According to another version: He (Allah's Messenger) صلى الله عليه وسلم said, "There is no
shighar in Islam."2
COMMENTARY: In pre-Islamic days, two men would exchange one another's daughters
(or sisters) and avoid paying the dower. Islam proscribes this kind of (exchange) marriage.
Imam Shafi'I ale>, abidesby the hadith and denounces this kind of marriage.
Imam Abu Hanifah ales, says that while the marriage will be valid yet it will be binding to
pay the mahr mithl (Proper dower). Moreover, such kind of marriage must be avoided.
MUT'AH IS FORBIDDEN
(٣١٤٧) وَعَنْ عَلِيٍّ أَكَّ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ تَى عَنْ مُتْعَةِ النِّسَاءِ يَوْمَ خَيْبَرَ وَ عَنْ أَكْلٍ لُؤْمِ
1 Bukhari # 2140, Muslim # 38-1408, 1413, Tirmidhi # 1194, Abu Dawud # 3438, Nasai'i # 3236, Ibn
Majah # 1867, Musnad Ahmad 2-311.
2 Bukhari # 5112, Muslim # 57-1415, Abu Dawud # 2074, Nasai'i # 4447, Ibn Majah # 1883, Darimi #
2180, Muwatta Maalik # 24 (Nikah (wedlock)) Musnad Ahmad 2-19.

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الْحُمُرِ الْإِنْسِيَّةِ - (متفق عليه)
3147. Sayyiduna Ali رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم forbade
mut'ah (temporary marriage) of women. He did this at the battle of Khaybar. He
also forbade the eating of the flesh of domestic asses.1
COMMENTARY: Mut'ah is a marriage for a specified period of time for a specified sum of
money. It was permitted in early Islam but forbidden later on.
The ulama (Scholars) say that mut'ah was made lawful twice and forbidden twice. The first
time was before the Battle of Khaybar during an expedition when the sahabah (Prophet's
Companions) ( à», were uncomfortable because of a celibate life to the extent that some
of them requested the Prophet صلى الله عليه وسلم to be allowed to have themselves castrated. On
that, he told them that they could observe mut'ah but withdrew this permission again on
the day of the conquest of Makkah in 8 AH declaring it unlawful for ever. This is
established by sahih ahadith.
The tradition of Sayyiduna Ibn Umar As an >, has that just as a person who is restless
because of hunger is allowed to eat carrion so, too, in early Islam, those who were uneasy
because of being deprived of sexual satisfaction, were allowed to observe mut'ah. Later
(when it was forbidden for ever) the sahabah (Prophet's Companions) +, decided that
every marriage of mut'ah was void.
Since then it is a unanimous judgement that mut'ah is forbidden. The sahabah (Prophet's
Companions) رضى الله عنهم ,the tabi'un رحمه الله the jurists, the scholars of hadith - all of them have
ruled unanimously that it is forbidden. Only Sayyiduna Ibn Abbas us a >, initially
disagreed and said that it was allowed during times when a man could not carry in
without a married life, but when Sayyiduna Ali us ano, warned him seriously and made
him realize that mut'ah was forbidden absolutely, did he relent and revoke his previous
rulings. The books of figh mention the revoking of his ruling as also the ahadith do.
However, of these books the Hidayah is one of the best books of fiqh (Islamic
jurisprudence) and highly reliable. Its compiler is of the topmost caliber among the group
of jurists because of his deed, excellences and juristic insight, but, it is a fact that he has
committed a gigantic academic lapse by attributing to Imam Maalik the lawfulness of
mut'ah. We cannot say how he did it because Imam Maalik altas, used to assert that mut'ah
is forbidden, in the same way as all followers of Islam say.
Accordingly, not only ibn Hammam atus, has pointed out this mistake calling it wrong
to attribute to Imam Maalik al, the lawfulness of mut'ah but also nearly all the great
books of fiqh (Islamic jurisprudence) compiled after Hidayah have found it necessary
to disclose this error.
THE CONTENTION OF THE SHI'AH ABOUT MUT'AH
Having discussed the unlawfulness of mut'ah to temporary marriage, what remains to say
is that the Shiah still continue to contend that mut'ah is lawful. We cannot understand the
reason for their insistence. Whet is most astonishing is that their books transmit their sahih
ahadith about mut'ah being forbidden but their practice is at variance. Not only do they
1 Bukhari # 515, Muslim # 29, 30-1460, 1407, Tirmidhi # 1124, Nasai'i # 2262, 3366, Ibn Majah # 1961,
Muwatta Darimi.

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insist that mut'ah is lawful but they also mention its virtues. Moreover, they allege that
Sayyiduna Umar w às +, had forbidden mut'ah initially, but, this absolutely wrong, for,
Umar que no, had no authority to forbid it. All he did was to propagate the command as he
propagated other commands of Islam with great emphasis. His final command was that if
he found anyone practicing mut'ah, he would award him the punishment of adultery. As a
result, those who had not known about mut'ah being forbidden became aware of its
unlawfulness. So, he only published the prophet's command so, we can only say that the
.رضى الله عنه Shi'ah level a false allegation against Umar
(٣١٤٨) وَعَنْ سَلَمَةَ بْنِ الََّكُوَءِ قَالَ رَخَّصَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَامَ أَوْطَاسِ فِي الْمُتْعَةِ ثَلاًَا ثُّ
تھیعَنْهَا-(رواه مسلم)
3148. Sayyiduna salamah ibn Akwa we an +, said during the year of Awtas Allah's
Messenger LyJean Lo allowed mut' ah for three nights. Then he forbade it (for always).1
COMMENTARY: Awtas is a valley on the road to Ta'if from Makkah. The branch tribes of
the Hawazin reside around it Another name for it is Wadi Hunayn. In 8 AH in Ramadan,
Makkah was conquered and Islam caused all the false ideologies in Arabia to how down
before it. This caused the tribes of Hawazin and Thaqif great consternation and they
combined their tremendous forces to put down the Islamic domination once and for all.
Hence in Shawwal 8 AH, the Battle of Hunayn was fought against them by the Muslims
under the leadership of the Prophet صلى الله عليه وسلم. This battle is also called Battle of Awtas
and the Battle of Hawazin.
Allah enabled the Islamic forces to emerge victorious causing truth to triumph. The
Muslims got a tremendous booty. There were twenty four thousand camels, forty thousand
goats and silver worth about rupees forty thousand. The Prophet صلى الله عليه وسلم distributed all
that booty among the Muslims at that very place, Awtas.
Returning to the main subject, the second time that mut'ah was allowed and prohibited
was in this battle of Awtas. Since this battle followed close on heels, the conquest of
Makkah, the permission and prohibition of mut'ah is remembered with the conquest of
Makkah. Thus the words in the commentary of the proceeding hadith, 'the day of the
conquest of Makkah' mean 'the year of the conquest of Makkah.
Hence, the complete history is that mut'ah was forbidden and allowed the second time in
the year of the conquest of Makkah in 8 AH at the Battle of Awtas.
SECTION II
الفضلُ الثَّانِئ
THE SERMON OF NIKAH (WEDLOCK)
(٣١٤٩) عَنْ عَبْدِ اللَّهِ بْنِ مَسْئُودٍ قَالَ عَلَّمَنَا رَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ اَلنَّشْهُدَ فِي الصَّلَاةِ وَالتَّشَهُدَ فِى
الْحَاجَةٍ قَالَ التَّشَهُدَ فِي القَّلوةِ الثَّحِيَّاتُ لِلّهِ وَالسَّلَوَاتُ وَالطَّيِّبَاتُ السَّلَامُ عَلَيْكَ آَيُّهَا النَّبِىُّ وَرَحْمَةُ اللّهِ
وَبَرَ كَاتُّهُ السَّلَامُ عَلَيْنَا وَعَلَى عِبَادِ اللَّهِ الصَّالِيَنَّ أَشْهَدُ أَنْ أَّ إِلهَ إِلَّ اللّهُ وَأَشْهَدُ آَّ مُحَتَّدًا عَبْدُهُ وَرَسُوْلُهُ
وَالتَّشَهُدُ فِي الْحَاجَةِ آَنِ الْحَمْدُ لِلّهِ تَسْتَعِيْنُهُ وَتَسْتَغْفِرُ، وَتَهُؤْذُ بِاللّهِ مِنْ شُرُورِ آَنْفُسِنَا مَنْ تَّهْدِهِ اللّهُ فَلَا
1 Muslim # 180-1405, Musnad Ahmad 4-55.

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مُضِلَّ لَه وَمَنْ يُقْلِلُهُ فَلَا هَادِىَ لَهُ وَأَشْهَدُ اْ لَا إِلهَ إِلَّ اللَّهُ وَأَشْهَدُ أَّ مُحَتَّدًا عَبْدُهُ وَرَسُوْلُهُ وَيَقْرَأُ
ثَلَاثَ ايَاتٍ يَا أَيُّهَا الَّذِيْنَ أُمَنُوا اتَّقُو اللّهَ حَقَّ تُقَّاتِهِ وَلَا تَمُوْتُنَّ إِلَّ وَأَنْتُمْ هُسْلِمُوْنَ يَآ أَيُّهَا الَّذِيْنَ أُمَنُوا
اثَّقُوا اللّهُ الَّذِئْ تَسَاء لُونَ بِهِ وَالْأَرْحَامَ إِنَّ اللّهُ كَانَ عَلَيْكُمْ رَقِيْبًا يَاأَيُّهَا الَّذِيْنَ امَنُوا اتَّقُوا اللّهُ
وَقُوْلُوا قَوْلًّا سَدِيْدًا يُصْلِحُ لَكُمْ أَعُمَالَكُمُ وَيَغْفِرْ لَكُمْ ذُنُوْبَّكُمْ وَمَنْ يُطْعِ اللَّهُ وَرَسُوْلَةُ فَقَدْ فَازَ فَوْزًّا
عَظِيمًا رَوَاهُ أَحْمَدُ وَالتِّزْ مِذِىُّ وَأَبُوْدَاؤْدَ وَالنَّسَائِىُّ وَابْنُ مَاجَةً وَالدَّارِيُّ وَفِي جَامِعِ التِّزْمِذِيِّ فَشَرَ الْآيَاتِ
القَّلَاثَ سُفْيَّاكُ القَّوْرِىُّ وَزَادَ ابْنُ مَاجَةَّ بَعْدَ قَوْلِهِ أَنْ الْحَمْدُ لِلّهِ تَحْمَدُهُ وَبَعْدَ قَوْلِهٍ مِنْ شُرُؤْرِ أَنْفُسِنَا
وَمِنْ سَيِّئَاتٍ أَعْمَالِنَا وَالدَّارِمِيُّ بَعْدَ قَوْلِهٍ عَظِيْمًا ثُمَّ يَتَكُلَّمُ بِحَاجَتِهِ وَرَوَى فِى شَرْجِ السُّنَّةِ عَنِ ابْنِ مَسْعُودٍ فى
خُطْبَةِ الْحَاجَةِ مِنَ النِّكَاحِ وَغَيْرِه-
صلى الله عليه narrated: Allah's Messenger رضى الله عنه Sayyiduna Abdullah ibn Mas'ud .3149
, taught us the tashahhud for the salah (prayer) and the tashahhud for some need.
The tashahhud recited in salah (prayer) is:
التَّحِيَّاتُ لِلْهِ وَ الصَّلَوَاتُ وَالطَّيِّبَاتُ السَّلَامُ عَلَيْكَ آَيُّهَا النَّبِىُّ وَرَحْمَةُ اللَّهِ وَبَرَ كَاتُّهُ السَّلَامُ عَلَيْنَا وَعَلَى عِبَادٍ
اللّهِ الشَّالِحِيْنَّ أَشْهَدُ اْ لَّ إِلهَ إِلَّ اللَّهُ وَأَشْهَدُ أَثَّ مُحَتَّدًا عَبْدُهُ وَرَسُوْلُه-
(All adorations of the tongue are for Allah, as also those of the body and wealth or
good things. Peace be on you, O Prophet, and Allah's mercy and His blessings.
Peace on us and on all righteous slaves of Allah. I bear witness that there is no God
but Allah and I bear witness that Muhammad is His servant and His Messenger.)
And the tashahud for a need is:
إِنِ الْحُمْدُ لِلُّهِ تَسْتَحِيْتُهُ وَتَسْتَغْفِرُهُ وَنَعُؤْذُ بِاللُّهِ مِنْ شُرُوْرِ آَنْفُسِنَا مَنْ تَّهْدِهِ اللّهُ فَلَا يُضِلَّ لَهُ وَمَنْ يُصْلِلُهُ فَلَا
هَادِىَّ لَهُ وَأَشْهَدُ أَنْ لَا إِلهَ إِلَّ اللّهُ وَأَشْهَدُ أَكَّ مُحَتَّدًا عَبْدُهُ وَرَسُولُه
(All praise belongs to Allah. We ask Him for help and seek His forgiveness. And
we seek refuge in Allah from the evils of our own selves. He whom Allah guides,
none can send astray, and he whom he leaves to stray, there is no guide for him. I
testify that there is no God but Allah and I testify the Muhammad is His servant
and His Messengr,)
And, one should recite three verses (of the Quran):
يَآَ أَيُّهَا الَّذِيْنَ امَنُوا اتَّقُو اللّهَ حَقَّ تُقَاتِهِ وَلَّا تَمُؤْتُنَّ إِلَّ وَاَنْتُمْ مُسْلِمُونَ.
{O you who believe, fear Allah as He should be feared and die not save you be Muslim.]
يَآ آَيُّهَا الَّذِيْنَ امَنُوا اتَّقُوا اللَّهُ الَّذِى تَسَاء لُونَ بِهِ وَالْأَرْحَامَإِنَّ اللَّهُ كَانَّ عَلَيْكُمْ رَقِيْبًا-
{(O you who believe!) ... fear Allah by whom you demand (your rights) of each other
and fear (breaking) kinship of wombs. Surely Allah is ever watchful over you.} (4: 1)
يَّ أَيُّهَا الَّذِيْنَ أُمَنُوا اتَقُوا اللَّهَ وَقُوْلُوا قَوْلًّا سَدِيْدًا تُقْلِمُ لَكُمْ أَعْمَا لَكُمُ وَيَغْفِرْ لَكُمْ ذُنُوبَكُمْ وَمَنْ يُطِعْ

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اللّهَ وَرَسُوْلَهُ فَقَدٌ فَازَ فَوْزًا عَظِيُمَّا-
{O you who believe, fear Allah and speak words straight to the point. He will set
right your deeds for you and will forgive your sins, and whosoever obey Allah and
His Messenger, he indeed has gained a mighty triumph} (33: 70-71)
In the Jam'e of Tirmidhi, Sufyan Thawri ads, gave a commentary on the three
verses.
And, Ibn Majah added after 'All praise belongs to Allah's 'we praise Allah' (a)
and after 'from the evils of our own salves: (ductoty,) 'from our evil deed's.
And, Darimi added after 'mighty triumph (b) (then one must mention his
needs).Sharh us sunnah (Prophet's ,je into practice) also mentions the words for
a need the marriage or something else.1
COMMENTARY: Tashahhud is to declare testimony of faith. Zayn ul Arab has said that
here tashahud means that in which is Allah's praise and both expressions for testimony.
The need is marriage or such other thing. The tashahud recited at that time is the khutbah
which is recited at a marriage, etc. We have stated earlier that Imam Sahfi'I ale>, said that
the Khutbah is recited not only at marriages but it is masnun at the times of all agreements
and contracts.
The second verse in the hadith (4: 1) begins in all the scripts of Mishkat with
يَأَ يُّهَا الَّذِيْنَ امَنُؤْا
{O you who believe .... }
but this verse is not in this way in the Quran. It is the first verse of surah an-Nisa and these
words are part of it commencing with (anyjail;) upto (3). Hence, perhaps the script of the
Quran with Sayyiduna Ibn Mas'ud wan», had it in this way.
It can be understood from of al Hisn al Hasin that the Khutbah in Abu Da'wud has after
:and His Messenger) the words) (ورسوله)
ارْسَلَهُ بِالْحُقِ بَشِيْرًا وَنَذِيْرًا بَيْنَ يَدَيِ السَّاعَةِ مَنْ يُطِعِ اللّهَ وَرَسُوْلَهُ فَقَدْ رَشَدَ وَمَنْ يَعْصِهِمَا فَلَا يَضُرُّ إِلَّ
نَفْسَهُ وَلَا يُضُرُّ اللَّهَ شَيْئًا.
(Whom you sent with truth as a bearer of glad tidings and as a warner before the
coming of the Hour. He who obeys Allah and His Messenger is indeed guided but
he who disobeys them does not harm (anybody) but himself, and he does not hurt
Allah in the least.)2
"And we beg of Allah to cause us to be among those who obey Him and obey His
Messenger صلى الله عليه وسلم and follow what pleases Him and refrain from disobedience
to Him for indeed we exist because of Him."
(Abu Dawud) as cited in AlHisn al-Haseem p 234 (Darul Isha'at Karachi)
(Hisn Haseen p 234)
Anyone who conducts the (marriage) contract must first recite this Khutbah. Then he must
1 Tirmidhi # 1107, Abu Dawud # 2118, Nasai'i # 3277, Ibn Majah # 1892, Darimi # 2202, Musnad
Ahmad 1-392.
2 After this, there is a prayer in al-Hisn al-Haseen (P 234, Darul Ish'at Karachi)

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obtain 'the proposal and consent' in which he must be mindful of those things that are
necessary and which are mentioned in the beginning of the Book of Nikah (wedlock) (Marriage).
MARRIAGE WITHOUT KHUTBAH LACKS BLESSING
(٣١٥٠) وَعَنْ أَبِي هُرَيْرَةً قَالَ قَالَ تَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ كُلُّ خُطْبَةٍ لَيْسَ فِيْهَا تَشَهُّدْ فَهِىَ كَالْيَدِ
الْجَذُّمَاءِ- رَوَاهُ التِّزْمِذِىُّ وَقَالَ هُذَا حَدِيثٌ حَسَنٌ غَرِيُبْـ
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3150
said, "Every Khutbah (sermon) that lacks the tashahhud (praise of Allah) is like the
hand of a lepor (or a and or fingers cut off)."1
COMMENTARY: Just as a hand that is cut off is of no use. So too a marriage without a
sermon is lacking is blessing so of no use.
Mulla Ali Qari has written the word as Khitbah and given its meaning as marriage. But,
Shah Ishaq Dhalawi aw>>, "We learnt it from our teachers as Khutbah." The same thing is
said by Shaykh Abdul Haq Dhalawi. Às,
(٣١٥١) وَعَنْهُ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ كُلُّ أَهْرٍذِى بَالٍ لَا يُبْدَأُفِيْهِ بِالْحَمْدِ لِلّهِ فَهُوَ أَقْطَهُ.
(رواه ابن ماجة)
3151. Sayyiduna Abu Hurayrah رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"Every affair of importance that is not begun with praise of Allah lack blessing."2
MUSTAHAB (DESIRABLE) TO MAKE MARRIAGE KNOWN
(٣١٥٢) وَعَنْ عَائِشَةَ قَالَتْ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَعْلِنُوْا هُذَا النِّكَاءَ وَاجْعَلُوهُ فِى الْمَسَاجِدِ وَ
اضْرِبُوْا عَلَيْهِ بِالدُّفُوْفِ - رَوَاءُ التِّزْمِذِىُّ وَقَالَ هُذَا حَدِيْثْ غَرِيُبْ.
3152. Sayyidah Ayshah رضى الله عنها narrated that Allah's Messenger صلى الله عليه وسلم said,
"Publicise these marriages. Conduct them in mosques and beat the duff
(tambourines) to announce them."3
COMMENTARY: If this means to have the witnesses over the marriage then this
publicizing will be of the kind wajib (obligatory). It is means to make an announcement then
it will be mustahab (desirable) act to make the marriage known.
It is mustahab (desirable) to arrange the marriage in the mosque It is also mustahab (desirable)
to have it done on Friday.
Much blessing is derived by observing the nikah (wedlock) in a mosque the nikah (wedlock) in
a mosque and on Friday.
(٣١٥٣) وَعَنٌ مُحَمَّدٍ بُنِ حَاطِبٍ بِ الْجُمَحِيّ ◌َنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ فَضْلُ مَابَيْنَّ الْخَلَالِ وَالْخُرَامِ
القَوْتُ وَالدُّنُّ فِي التِّكَاحِ- (رواه أحمد والترمذى والنسائى وابن ماجة)
1 Tirmidhi # 1108, Abu Dawud # 4841, Musnad Ahmad 2-343.
2 Abu Dawud # 4840, Ibn Majah # 1894, Musnad Ahmad 2-359.
3 Tirmidhi # 1091, Ibn Majah # 1895.
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3153. Sayyiduna Muhammad ibn Hajib Jumahi ana, narrated that the prophet a.
jule said, "The difference between the lawful and the unlawful lies in the voice
and the duff (tambourine)."1
COMMENTARY: Voice means song or mentioning the marriage to people and making it known.
The hadith does not mean to say that marriage is not valid without voice and duff because
it is valid even before two witnesses. Rather, this hadith urges the people to perform the
marriage among people and proclaim it. The limit of this proclamation is the
neighbourhood. This may be accomplished by beating the duff or by voice (like reciting
poetry or song). It does not mean at all that proclamation made all over the city or beyond
that or to beat drums and play musical instruments.
PERMISSION TO SING SONGS
(٣١٥٤) وَعَنْ عَائِشَةَ قَالَتْ كَانَتْ عِنْدِىْ جَارِيَةٌ مِنَ الْآَنْصَارِ زَوَّجْتُهَا فَقَالَ تَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ
يَا عَائِشَةُ اَلَّا تُغَنِّيْنَ فَإِّ لهذَا الْحُىَّ مِنَ الْآَنْصَارِ مُحِبُّونَ الْغِنَاءِ رَوَاهُ ابْنُ حِبَّاتَ فِى صَحِيحِه۔
3154. Sayyidah Ayshah 14,1% +, narrated that she had an Ansar girl whom she gave
away in marriage (to someone). Allah's Messenger صلى الله عليه وسلم asked (her) , "0
. Ayshah, will you not have someone sing? Because this clan of the Ansars like to
sing (at weddings)?"2
COMMENTARY: Another hadith (to follow # 3155) discloses that this girl belonged to a
relative, or she may have been an orphan whom she had adopted. The original copy of
Mishkat does not have the name of the transmitter. Later on some scholar wrote down in
the margin "Ibn Hibban"
(٣١٥٥) وَعَنِ ابْنِ عَبَّاسِ قَالَ أَنْكِّحَتُ عَائِشَةُ ذَاتَ قَرَابَةٍلَّهَا مِنَ الْأَنْصَارِ فَجَاءَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِوَسَلَّمْ
فَقَالَ أَهْدَيْتُمُ الْفَتَّاةَ قَالُوا نَعَمْ قَالَ أَرْسَلْتُمْ مَعَّهَا مَنْ تُخَتَُّ قَالَتْ لَّا فَقَالَ تَسُولُ اللّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ
◌ِثَّ الْأَنْصَارَ قَوْمْ فِيْهِمْ غَزَّلْ فَلَوْ بَعَثُ مَعَهَا مَنْ يَقُوْلُ أَتَيْنَاكُمْ أَتَيْنَاكُمْ فَحَيَّانَا وَحَيَّاكُمُ - (رواه ابن ماجة)
3155. Sayyiduna Ibn Abbas ws à , narrated that (the Mother of the believers)
Sayyidah Ayshah nas an ) gave away in marriage an Ansar girl (to someone). She
was a relative of hers. When Allah's Messenger ,4,lean Lo came (after the marriage)
, he asked, 'have you sent the girl to her husband's house?" They said, Yes," He
asked "Did you sent along with her someone who might sing?" She said, "No!"
Allah's Messenger صلى الله عليه وسلم said, "Surely, the Ansar are people given to songs.
Had you sent with her who would have said:
أَتَيْنَاكُمْ أَتَيْنَاكُمْ فَحَيَّانَاوَحَيَّاكُمْ
(We have come to you, we have come to you!
May Allah preserve us and may He preserve you!) "3
COMMENTARY: Reciting poetical verses of joy in marriages is an ancient tradition. The
1 Tirmidhi # 1090, Nasai'i # 3366, Ibn Majah # 1896, Musnad Ahmad 4. 259.
2 Ibn Hibban in his sahih.
3 Ibn Majah # 1900, Musnad Ahmad 4-259.

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Ansar were no exception. This is why the Prophet ,ledo said that if a singer was sent
with the bride that would have delighted her inlaws. The Prophet ,lean recited only a
line of the following verse:
أَتَيْنَاكُمْ أَتَيْنَاكُمْ فَحَيَّانًا وَحَيَّاكُهُ
وَلَوْلَا الْمِنْطَّةُ السَّمَرَآءِ لَمْ تَسْمُنْ عَذَارَاكُمْ
(We have come to you, we have come to you!
May Allah preserve us and may
He preserve you!
Were there no red wheat,
Your virgins would not have been
Soft bodies).
Some verses have the second line thus:
وَلَوْلَا الْعَجُوَةُ السَّوْدَاءِ مَا كُنَّا بَوَاوَاكُمْ
(Had there been no black dates
We had not resided in
Your homes).
FIRST OF TWO MARRIAGES IS CORRECT
(٣١٥٦) وَعَنْ سَمُرَةً أَثّ رَسُوْلَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ أَيُّمَا امْرَأَةٍ زَوَّجَهَا وَلِيَّانٍ فَهِىَ لِلْأَوَلِ
مِنْهُمَا وَمَنْ بَاءَ بَيْئًا مِنْ رُجُلَيْنِ فَهُوَ لِلْاوَلِ مِنْهُمَا-(رواه الترمذى وابوداود والنسائى والدارمى)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Samurah .3156
said, "If two guardians have given away a woman in marriage, then she belongs
to the first of the two. And, if anyone sells something to two men, then it goes to
the first of them."1
COMMENTARY: If a woman has two guardians and both of them marry her to two
different men one after the other, then the second guardian's giving her away in marriage
will be invalid and she will be the wife of the man whom she had been married first
However, this command is applicable when both guardians are of the same rank, meaning
both are equally near in relation. If they are not of the same degree then the one who is
nearer than the other in relation will be preferred and the woman will be the wife of the
man he has chosen as her husband even if the other guardian and married her before this
guardian to the man of his choice.
If both guardians of the woman, equal in rank in relation, marry her to two different men
at the same time then it is the unanimous decision of the ulama (Scholars) that both
marriages will be void.
SECTION III
الْفَضْلُ الثَّالِثُ
MU'TAH WAS PERMITTED INITIALLY
(٣١٥٧) عَنِ ابْنِ مَسْمُوْدٍ قَالَ كُثَّا تَغْزُو مَعَ رَسُولِ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَيْسَ مَعَنَا نِسَاءٌ فَقُلْنَا أَلََّ تَخْتَهِى
1 Tirmidhi # 1112, Abu Dawud # 2089, Nasa'i # 4696, Ibn Majah # 2344, Musnad Ahmad 5-8.

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فَتَهَانَا عَنْ ذُلِكَ ثُؤَّ رَخَّصَ لَنَّا أَنْ تَسْتَمْتَِّ فَكَانَ أَحَدُنَا يَنْكِعُ الْمَرْأَةُ بِالقَوبِ إِلَى أَجَلٍ ثُمَّ قَرَأَ عَبْدُ اللّهِ
يَآَيُّهَا الَّذِيْنَ أَمَنُوا لَا تُحَرِّمُوْا ◌َطْبِّبَاتٍ مَا أَحَلَّ اللّهُلَكُمْـ
3157. Sayyiduna Ibn Mas'ud « a », narrated that they were on an expedition along
with Allah's Messenger صلى الله عليه وسلم. They had no woman with them (neither their
wives nor their female saves. This caused them to be desperate.) So they asked.
"Shall we not have ourselves castrated?" But, he forbade them to do that. Then, he
permitted them to observe mut'ah. So, some of them (contracted mut'ah and) every
man married a woman against a garment for a specified period of time.
Then, Abdullah recited the verses:
يَا أَيُّهَا الَّذِيْنَ أُمَنُوا لَا تُحْرِّمُوْا طَيِّبَاتٍ مَا أَحَلَّ اللّهُ لَكُمْـ
(O you who believe, forbid not the wholesome things that Allah has made lawful
for you)1 (5: 87)
COMMENTARY: This hadith says that Muta'h allowed. This was so in early Islam but later it
was prohibited as the next hadith shows, and traditions said earlier (# 3146, 3147, 3148).
Ibn Mas'ud رضى الله عنه was, like Ibn Abbas رضى الله عنه of the opinion that Muta was allowed. As
for Ibn Abbas us an», he revoked his opinion and agreed that mutah is forbidden, but Ibn
Mas'ud may or may not have revised his opinion.
(٣١٥٨) وَعَنِ ابْنِ عَبَّاسِ قَالَ إِنَّمَا كَانَتِ الْمُتْعَةُ فِي آقَلِ الْإِسْلَامِ كَانَ الرَّجُلُ يَقْدَمُ الْبَلْدَةَ لَّيُسَ لَه
بِهَا مَعْرِفَةٌ فَيَتَزَوَّجُ الْمَرْأَةٌ بِقَدْرٍ مَايُرِى أَنَّهُ يُقِيُّهُ فَتَحْفَظُ لَهُ مَتَاعَةٍ وَتُصْلِحُ لَهْ شَيّهُ حَتَّى إِذَا نَزَّلَتِ الْآيَةُ إِلَّ
عَلَى أَزْوَاجِهِمْ أَوْ مَا مَلَكّتْ أَيْمَانُهُمْ قَالَ ابْنُ عَبَّاسِ فَكُلُّ فَرُچِسِوَاهُمَا فَهُوَ حَرَام۔(رواه الترمذى)
3158. Sayyiduna Ibn Abbas sàn>, narrated that mut'ah was practiced only in early
Islam. A man would come to a habitation where he had no one known to him. So, he
would marry a woman for the period of his estimated stay there. She would care for
his possessions and prepare his meals for him. Finally, when the verse was revealed:
.
إِلَّا عَلى اَزْوَاچِهِمْ آَوْ مَامَلگِّتْ آَیْمَانُمْ
{except in regard to their spouses or those whom their hands possess) (23: 6)
Ibn Abbas as a +, said, "Sexual intercourse with everyone, except them both,
became unlawful."2
COMMENTARY: The verse says that there is no blame on these people who do not have
sexual intercourse with women other than their wives and whom their right hands possess.
Ibn Abbas suo, showed by this verse that the woman with whom mut'ah is done is not
one of these two.
Teebi al-, and Fakhruddin Qazi aus, also said something like this.
.
The opinion of the Shi'ah has been mentioned previously. It is contrary to the hadith of
Sayyiduna Ali 3143#) رضى اللهعنه) and to that of Sayyiduna ibn Abbas رضى اللهعنه as in this hadith.
1 Bukhari # 5075, Muslim # 11-1404, Musnad Ahmad 1-432.
2 Tirmidhi # 112.
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