In March 2017, Salamet Memetimin, an ethnic Uighur and Communist Party secretary from Bekshan village in Shaka county, Qira district, Hotan prefecture, Xinjiang, China, was relieved of his duties for taking his nikah vows at home. [87] 7.Can a relative or friend obtain a copy of the marriage contract on behalf of the wife or husband in order to send it abroad? If so, what happens if documents are required? Quran [60:10] “O you who believe that when women of faith (leave the enemy and) seek asylum with you, you should test them. God is fully aware of their faith. Once you realize that they are believers, you should not return them to unbelievers. They are not allowed to remain married to them, and unbelievers are not allowed to marry them. Return the dowry paid by the unbelievers. You don`t make a mistake when you marry them, as long as you pay them their due dowry. Do not keep unbelieving wives (if they want to join the enemy). You can ask them about the dowry you paid and they can ask what they paid.
This is God`s rule; He reigns among you. God is omniscient, very wise. [46] We could conclude that the personal physical and mental state of a boy and a girl is the most important criterion for deciding the appropriate age of marriage. The amount of the dowry (Mohrana) given to the bride by the groom must be mentioned in the Muslim marriage contract (known as “Kabin-nama”). The amount of money the husband gives to the wife is called denmohar. Immediate payment of denmohar is mandatory for the husband, although wives may voluntarily release the husband from this obligation or give permission to defer payment. According to Muslim law, Denmohar is a special right of wives. The fixation of the denmohar depends on the socio-economic status of the bride and groom. Wives can demand the money at any time and it is mandatory for husbands to make the payment. But this provision is merely a formality; Wives rarely demand denmohar and, in practice, it is rarely paid. It is considered an indicator of social well-being. The amount is usually divided into two parts: cash and receivables.
The amount declared in cash is usually paid for ornaments given by the groom. The remaining part is paid later or if the wife is separated from her husband after divorce. It is a social tradition. According to the human rights lawyer, the Kazi must also provide a copy of the divorce registration if necessary, for example in case of remarriage. A bride-to-be may include in her prenuptial agreement conditions that require monogamy for her husband or his consent before marrying another woman. Polyandry is prohibited. A wife cannot have more than one husband at a time. [ref.
needed] Although they have a religious basis, marriages in Bangladesh are essentially contracts and are regulated by laws, especially the registration of marriages and divorces, which are not necessarily part of Islamic law. As civil servants, Kazis register only marriages and divorces. According to Arab Jahiliyyah law, Islamic sources claim that men`s right to marry or divorce has not been restricted. [18] [page needed] Islamic law limited men to four wives at a time, without concubines. ([Quran 4:3]) [19] The institution of marriage was refined into an institution in which the woman was a kind of interested partner. “For example, the dowry, previously considered a bride`s price for the father, has become a wedding gift retained by the woman as part of her personal property.” [18][19] According to Islamic law, marriage was no longer considered a “status” but a “contract.” The essential elements of the marriage contract were now an offer from the man, acceptance by the woman and compliance with conditions such as payment of the dowry. The woman`s consent, either actively or through silence, was required. In addition, the offer and acceptance had to take place in the presence of at least two witnesses. [18] [19] [20] A married woman had the right to receive food and clothing from her husband, although her husband had more rights over her: “I recommend good treatment of women, for they are prisoners with you, and you have no right to treat them differently unless they commit obvious indecency. If they do, leave them in bed and beat them, but without causing injury or leaving marks. If they obey you, do not seek remedies against them.
You have rights over your women and your women have rights over you. Your rights over your wives are that they don`t allow anyone you don`t like to walk on your bedding (furniture), or anyone you don`t like to enter your homes. And their right over you is that you should treat them kindly when it comes to their clothes and food. [21] If the conditions are met and a Mahr and a contract are agreed, an Islamic marriage or marriage can take place. In addition, the marriage contract is often signed by the bride. The consent of the bride is mandatory. Islamic marriage is then publicly declared in iʿlān (Arabic: إِعْلَان) by a responsible person after preaching a sermon to advise and guide the couple. It is not mandatory, although common, that the person who marries the couple be based on religion.
The groom can deliver the sermon himself in the presence of representatives of both parties, if he is educated religiously, as told in the story of Imam Muhammad bin Ali around 829 AD.