Introduction<\/h2>\n\n\n\n
With the Book of Marriage (Kitab al-Nikah<\/em>), Imam al-Nawawi (631\u2013676 AH \/ 1233\u20131277 CE) opens the third part of the Minhaj<\/em>, the part devoted to family law (munakahat<\/em>). The first two parts dealt with the relationship between the servant and God, and with dealings in wealth. This part turns to the relations between men and women within the family, beginning with the contract that founds it.<\/p>\n\n\n\n In the legal sense, nikah<\/em> is a contract that makes sexual intimacy lawful between a man and a woman, and that establishes rights and duties between them. The tradition views marriage as one of the great signs of God, and the Qur’an speaks of it as a source of tranquility, affection, and mercy. The Prophet is reported to have urged those who are able to marry to do so, and to have called marriage a part of his own way. This article follows the main themes of the book in the general order of the Minhaj<\/em>.<\/p>\n\n\n\n The school holds that marriage is recommended for a person who desires it and has the means to meet its obligations, including the dowry and maintenance. It is considered better than devoting oneself entirely to worship, according to the school’s relied-upon position. For a person who fears falling into sin, and who is able to marry, it is more strongly urged. A person who lacks both desire and means is not required to marry, and the book mentions the Prophet’s advice to such a person to fast, since fasting moderates desire.<\/p>\n\n\n\n Before marriage, a man who intends to propose may look at the face and hands of the woman, since this serves to establish compatibility, and a woman may look at the man in the same way. The school explains the limits, which are that the looking is for the purpose of marriage and does not involve seclusion.<\/p>\n\n\n\n The book also addresses the etiquette of proposals. It is forbidden to propose to a woman who has already accepted another man’s proposal, as the Prophet forbade this, until the first suitor withdraws or is refused. If the woman has not yet responded, or has refused, the second proposal is permitted. The school adds that a woman who is in the waiting period after a divorce or widowhood may not be proposed to in direct terms, but may be approached in indirect language, according to the rules the book describes.<\/p>\n\n\n\n The school identifies the elements of a valid marriage as the wording, the guardian, the two witnesses, and the two spouses. In this school, the guardian and the witnesses are essential, which distinguishes it from some other schools.<\/p>\n\n\n\n The book addresses the bride’s consent. For a woman who has been married before, her explicit permission is required, and the guardian may not marry her without it. For a virgin, the school holds that her silence may be taken as consent, according to the report of the Prophet, and it is recommended that her permission be sought. The father and grandfather have a special position in the school, in that they may conclude the marriage of a virgin without her explicit permission, provided that certain conditions of her interest are met, though seeking her approval is recommended.<\/p>\n\n\n\n The school discusses equality between the spouses, which is regarded as a right of the woman and her guardians. The qualities considered include religion and good character, lineage, freedom from slavery, and profession. If a guardian marries a woman to a man who is not her equal, the marriage is invalid unless she and the other guardians of the same rank consent. The school explains that these rules are meant to protect the woman from a marriage that would harm her standing.<\/p>\n\n\n\n The book lists the women whom a man may not marry. Some prohibitions are permanent, based on the following relationships:<\/p>\n\n\n\n Other prohibitions are temporary. A man may not marry two sisters at the same time, nor a woman and her aunt, nor a woman who is married to another man, nor a woman who is in her waiting period. He may not marry a woman whom he divorced three times until she has been married to another man in a genuine marriage and has been separated from him. A marriage entered for the sole purpose of making a woman lawful for her former husband is invalid. A Muslim man may marry a Jewish or Christian woman, in the cases and under the conditions that the school defines, while a Muslim woman may marry only a Muslim man. A man may have up to four wives, on condition of justice among them.<\/p>\n\n\n\n The school grants either spouse the right to cancel the marriage if a serious defect is discovered that was not disclosed. These include insanity, leprosy, and vitiligo, for either spouse, and, for the man, impotence or a condition that prevents consummation, and, for the woman, a physical obstruction that does the same. The book explains how the option is exercised, and the effect on the dowry.<\/p>\n\n\n\n The husband owes his wife a dowry, which is her right and not that of her guardians. The Qur’an commands that women be given their dowries as a gift. The school sets no minimum or maximum, and any lawful property of value may serve. If no dowry is specified in the contract, the marriage remains valid, and the wife is entitled to a dowry equal to what women of her family receive (mahr al-mithl<\/em>) after consummation. If the husband divorces her before consummation and no dowry was specified, she is entitled to a gift of consolation (mut’ah<\/em>). If a dowry was specified, she receives half of it in that case.<\/p>\n\n\n\n The book mentions the walimah<\/em>, the wedding feast, which is a confirmed sunnah<\/em>. The Prophet is reported to have told a Companion to hold one, even if only with a sheep. Attending a feast to which one has been invited is considered a duty in the school’s relied-upon position, unless there is a valid excuse, such as the presence of something forbidden.<\/p>\n\n\n\n The final part of the book describes the rights and duties between spouses. The husband must provide fair treatment and maintenance, and the wife must be available to him within the limits of the law. For a man with more than one wife, the school requires equality in the division of nights (qasm<\/em>), in the sense of spending an equal amount of time with each, though equality of affection is not required, since it is beyond a person’s control.<\/p>\n\n\n\n The book also addresses discord (nushuz<\/em>), a term for a spouse’s disregard of the duties of the marriage. It follows the Qur’anic sequence, which begins with advice and mediation, then separation in bed, and the school’s discussion of the last step, which is a light measure, reflects the view that it is permitted only in the narrowest terms, must not injure the wife, and is regarded as disliked by the school. Many scholars encourage resolving disputes by mediation by arbiters from both families, as the Qur’an also describes. The book also deals with a husband’s discord, in which the wife may waive some of her rights in order to preserve the marriage.<\/p>\n\n\n\n The book begins with the ruling and preparatory matters, then sets out the pillars of the contract, the requirements for the participants, and the prohibitions. It then covers the dowry and feast, and ends with the rules of living together. This order follows the life of the marriage, from the decision to marry to the establishment of the household. It also shows the school’s emphasis on formalities, such as the guardian and witnesses, which are meant to protect the rights of both parties and to make the marriage public.<\/p>\n\n\n\n For al-Nawawi, marriage is both a contract and a form of worship. The details of the pillars and prohibitions aim at clarity, publicity, and the protection of the rights of the weaker party, especially the woman. The tradition also never loses sight of the purpose that the Qur’an names: tranquility, affection, and mercy. The law provides the framework, and the spouses are called to fill it with the character that the sources describe.<\/p>\n\n\n\n Note: This article summarizes the general Shafi’i position as presented in Minhaj al-Talibin. Details, including the role of the guardian, the requirements of witnesses, and the rules on equality, differ among the schools and can vary between editions and commentaries. Marriage is also regulated by national laws, so readers who need a precise ruling should consult a qualified teacher or scholar.<\/em><\/p>\n\n\n\n <\/p>\n","protected":false},"excerpt":{"rendered":" Part 3: Family Law (Munakahat) – Marriage (Nikah), including options in marriage, dowry (mahr), the wedding feast (walimah), division of<\/p>\n","protected":false},"author":1,"featured_media":223,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"colormag_page_container_layout":"default_layout","colormag_page_sidebar_layout":"default_layout","video_url":"","footnotes":""},"categories":[11],"tags":[69,12,15,71,70,14,73,72],"class_list":["post-217","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-part-3-family-law-munakahat","tag-family-law-munakahat","tag-fiqh","tag-imam-al-nawawi","tag-mahr","tag-marriage","tag-minhaj-al-thalibin","tag-nushuz","tag-walimah"],"_links":{"self":[{"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/posts\/217","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/comments?post=217"}],"version-history":[{"count":1,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/posts\/217\/revisions"}],"predecessor-version":[{"id":226,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/posts\/217\/revisions\/226"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/media\/223"}],"wp:attachment":[{"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/media?parent=217"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/categories?post=217"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/tags?post=217"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}1. The ruling on marriage<\/h2>\n\n\n\n
2. Looking at the prospective spouse and proposals<\/h2>\n\n\n\n
3. The pillars of the contract<\/h2>\n\n\n\n
![\"The](\"https:\/\/lslam.info\/wp-content\/uploads\/2026\/11\/Gemini_Generated_Image_li8f6oli8f6oli8f-1024x559.jpg\")
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4. Consent of the bride<\/h2>\n\n\n\n
5. Equality in status (kafa’ah<\/em>)<\/h2>\n\n\n\n
6. Women who are forbidden<\/h2>\n\n\n\n
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7. Options to cancel the marriage<\/h2>\n\n\n\n
8. The dowry (mahr<\/em>)<\/h2>\n\n\n\n
9. The wedding feast<\/h2>\n\n\n\n
10. Marital rights, division of time, and discord<\/h2>\n\n\n\n
Why the order matters<\/h2>\n\n\n\n
Closing reflection<\/h2>\n\n\n\n