Prof. 'Abdur Rahman I. Doi Professor and Director, Center for Islamic Legal Studies,
Ahmadu Bello University, Zaira, Nigeria.

Importance of Marriage in Islam






Modesty was regarded as a great virtue by the Prophet. He said, "Modesty is part of faith." [Al-Bukhari]

The importance of the institution or marriage receives its greatest emphasis from the following Hadith of the Prophet,


With these Quranic injunctions and the guidance from the Prophet (peace and blessings be upon him) in mind, we shall examine the institution of marriage in the Shari'ah.

The word Zawaj is used in the Quran to signify a pair or a mate. But in common parlance it stands for marriage. Since the family is the nucleus of Islamic society, and marriage is the only way to bring families into existence, the Prophet (peace and blessings be upon him) insisted upon his followers entering into marriage The Shari'ah prescribes rules to regulate the functioning of the family so that both spouses can live together in love, security, and tranquility. Marriage in Islam has aspects of both 'Ibadah (worship) of Allah and mu'amalah (transactions between human beings).


In its mu'amalah aspect, marriage being a lawful response to the basic biological instinct to have sexual intercourse and to procreate children, the Shari'ah has prescribed detailed rules for translating this response into a living human institution reinforced by a whole framework of legally enforceable rights and duties, not only of the spouses, but also of their offspring.

These aspects are beautifully explained in a tradition of the Prophet. It is narrated by Anas that the Messenger of Allah (peace and blessings be upon him) said,


The Prophet considered marriage for a Muslim as half of his religion because it shields him from promiscuity, adultery, fornication, homosexuality etc., which ultimately lead to many other evils like slander, quarreling, homicide, loss of property and disintegration of the family. According to the Prophet (peace and blessings be upon him) the remaining half of the faith can be saved by Taqwa.

Conditions of Marriage



If he fears that by not marrying he will commit fornication (Zina).





If he is sure that he will commit Zina if he does not marry.


If he cannot get a slave-girl to marry.




In order that problems should not arise after marriage the Prophet (peace and blessings be upon him) recommended that, in the selection of his bride, a man should see her before betrothal lest blindness of choice or an error of judgment should defeat the very purpose of marriage. But this "seeing" is not to be taken as a substitute for the "courtship" of the West. The man should not gaze passionately at his bride-to-be, but only have a critical look at her face and hands to acquaint himself with her personality and beauty. However, if a man so desires, he may appoint a woman to go and interview the proposed bride, so that she may fully describe the type of girl she is.

Since believing men and women are referred to in the Quran, a woman also has the right to look at her potential husband.


Ijbar: A Safety Valve




It may sometimes happen that in her immaturity or over-zealousness, a girl may want to marry a man about whom she has distorted information or who does not possess good character or who lacks proper means of livelihood. In such a case, it is better, or rather incumbent upon the girl's father or guardian, that, in the wider interests of the girl, he restrains her from marrying such a worthless man and finds a suitable person to be her husband. Generally speaking, such marriages arranged by fathers and guardians work better than a marriage brought about through western courtship.

The case of Abu Juham bin Hudhaifah and Mu'awiyah ibn Abu Sufyan is relevant here. They proposed marriage to Fatimah bint Ghaith. The Prophet (peace and blessings be upon him) advised Fatimah not to marry either of them on the grounds that Mu'awiyah was then a pauper and Abu Juham was cruel and harsh. So she married Usamah.

The Free Consent of the Parties

The Quran [4:21] refers to marriage as a mithaq, i.e. a solemn covenant or agreement between husband and wife, and enjoins that it be put down in writing. Since no agreement can be reached between the parties unless they give their consent to it, marriage can be contracted only with the free consent of the two parties. The Prophet (peace and blessings be upon him) said,


This aspect is greatly emphasized by Imam Bukhari. He, in fact, gave one of the chapters in his Sahih the significant title:

"When a man gives his daughter in marriage and she dislikes it, the marriage shall be annulled." Once a virgin girl came to the Prophet (peace and blessings be upon him) and said that her father had married her to a man against her wishes. The Prophet gave her the right to repudiate the marriage. [Abu Dawud]

Divorced women are also given freedom to contract a second marriage. The Noble Quran says,

"And when you divorce women, and they have come to the end of their waiting period, hinder them not from marrying other men if they have agreed with each other in a fair manner." [Noble Quran 2:232]

With regard to widows, the Quran says,

"And if any of you die and leave behind wives, they bequeath thereby to their widows (the right to) one year's maintenance without their being obliged to leave (their husband's home), but if they leave (the residence) of their own accord, there is no blame on you for what they do with themselves in a lawful manner." [Noble Quran 2:234]

Thus widows are also at liberty to re-marry, even within the period mentioned above; and if they do so they must forgo their claim to traditional maintenance during the remainder of the year. However, it must be remembered that the power of ijbar given to the a father or the guardian by the Maliki school over their selection of life- partner obtains in all the situations considered above, namely, whether the daughter or the ward is a virgin or divorcee or widow.

Prohibited Marriage Partners




His mother


His grandmother (including father's and mother's mothers and all preceding mothers' e.g. great grandmothers)

His daughter (including granddaughters and beyond)

His sister (whether full, consanguine or uterine)

His father's sisters (including paternal grandfather's sisters)

His mother's sisters (including maternal grandmother's sisters)

His brother's daughters

His foster mother

His foster mother's sister

His sister's daughter

His foster sister

His wife's mother


His real son's wife






A man must not marry a woman during her 'iddah.

Regarding this last prohibition, the Quran expects Muslims to act with the utmost propriety and righteousness. It lays down:

"...but do not make a secret contract with them except in honorable terms, nor resolve on the tie of marriage till the term prescribed is fulfilled." [Noble Quran 2:235]


Two Suitors Seeking to Marry the Same Girl

The Prophet (peace and blessings be upon him) disapproved of two persons competing with one another to secure marriage with the same girl. This is because such a situation is likely to develop bitter enmity between two Muslim brothers.

The Prophet said,

"A believer is a brother of a believer. Hence it is not lawful for him to bargain upon the bargain of a brother, nor propose for (the hand of a girl) after the marriage proposal of his brother, until the latter (voluntarily) withdraws the proposal."

Imam Abu Hanifa, Imam Shafi'i, and Imam Malik, all hold the view that it is a sin to put a proposal of marriage against the proposal of another Muslim brother. However, if a marriage is contracted in this wrongful way it will be sufficient if the second suitor who was successful seeks the forgiveness of the first suitor and of Allah. But Imam Dhahiri considers such a marriage void. It is respectfully submitted that the former view is more rational and sound.