QURANIC INJUNCTIONS REGARDING MARRIAGES

 

In the first place it would be appropriate to mention what Quran has to say in connection with marriages because Quran is the supreme and basic source of Islamic Law:

"There is no blame on you that you make them an offer of marriage..... But do not make a secret contract except in terms honourable, nor resolve on the tie of marrige till the term prescribed is fulfilled".        (Sura 2-Ayat -235)

(i) To whom marriage is permissible- " Lawful unto in marriage are only chaste women who are believers, but chaste women among the people of the Book revealed before your time- When you give them their due dowers and desire chastity not lewdness nor secret intrigues "   ( Sura 5-Ayat 6)

"If any of you have the means wherewith to marry free believing women, they may wed believing maidens; marry them with the permission of their people and give them their due, they being chaste and not fornicating and not receiving paramours." ( Sura 4-Ayat 25-29)

"We have made lawful to thee thy wives to whom thou hast paid their dowers;.. and daughters of thy paternal uncles and aunts, and daughters of thy maternal uncles and aunts, and any believing woman......."   (Sura 33 -Ayat 50)

 (ii) Modesty and chastity- "Say to the believing men that they should lower their gaze and guard their modesty; that would make greater purity for them (30). And say to the believing women that the should lower their gaze and guard their modesty; they should not display their beauty and ornaments except those which are outside; they should draw their veils over their bosoms and not display their beauty except to their husbands, their fathers, their husband's fathers, their sons, their husbands's sons, their brothers's and their brother's sons or their sister's sons, or other women,or the slaves whom their right hand possess, or make servants free of physical needs, or small children who have no sense of shame of sex; and they should not strike their feet in order to draw attention to their hidden ornaments (31)   (Sura 24-Ayat 30 and 31)
(iii) The prohibited class- " Do not marry unbelieving women until they believe.... Nor marry your girls to unbeliever until they believe."  (Sura 2-Ayat 221)

"Any marry not women whom your fathers married, -Except what is past; it was shameful and odious, an abominable custom indeed (22). Prohibited to you are -your mothers, daughters, sisters, father's sister, brohter's daughters, sister's daughters; foster mothers ( who gave you suck) foster sister; your wives mothers, your ste-daughters under your guardianship, born of your wives to whom ye have gone in, no prohibition if you have not gone in , wives of your sons proceeding from your lions; and two sisters in wedlock at one and the same time, except for what is past (23). Also prohibited are women already married..... Except for these all your are lawful provided you seek them ( in marriage) with gifts from your property, desiring chastity, not lust give them their dowers as prescribed.. (24)  Sura 4-Ayat 22 to 24)

"Let no man guilty of adultery or fornication marry any but a woman similarly guilty.. To the believers such a thing is forbidden"   (Sura 24-Ayat 3)

(iv)  Marriage to poor encouraged -"Marry those among you who are single, the virtuous ones among yours slaves, male or female; if they are in poverty God will give them means, out of His grace. (Sura 24- Ayat 32)

(v) Nikahanama as a contract, - O ye who believe! when yet deal with each other,in transactions involving future obligations, reduce them to writing, let a scribe write down faithfully as between the parties; let him who incurs the liability dictate, but let him fear Lord God and not diminish aught of  what he owes. If the party liable is mentally deficient or weak, or unable himself to dictate, let his guardian dictate faithfully, and get two witnesses out of your own men, and if there are not two men, then a man and two women, such as you choose for witnesses; it is juster in the sight of God more suitable as evidence and more convenient to prevent doubts among yourselves .." (Sura 2-Ayat 282)

(vi) Number of wives- If ye fear that ye shall not be able to deal justly with the orphans  ( orphan wives and their property); marry woman of your choice, two or three or four; But if you fear that ye shall not be able to deal justly (with them) then only one... that would be more suitable to prevent you from doing injustice.." 
(Sura 4-Ayat 3)

The Apex Court has held that Muslim Law permits but does not mandate 45 marriages. No religion in India mandates as an obligation to enter into bigamy or polygamy.
(vii) Obligation of husbands - " Men are protectors and maintainer of women".  (Sura 4-Ayat 35)
(viii) General behavior with women-" O ye who believe ! you are forbidden to inherit women against their will. Nor shall you treat them with harshness.... On the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike  ( only ) one thing and God brings about through it a great deal of good."  (Sura 4-Ayat 19)