a essay on muslim marriage

Muslim Marriage and Contemporary Challenges

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• Margherita Picchi 3  

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This chapter aims to retrace the historical evolution of Muslim marriage, as represented in Islamic legal texts and public discourses, from the advent of Islam to our contemporary age. To do so, it will provide a short overview of the normative references to marriage in Islamic scriptural texts (the Qur’an and the hadith compilations), covering instructions on who is marriageable to a Muslim, how to contract a valid marriage, and what legal consequences the spousal union entails for both partners. Then, it addresses the various ways in which premodern jurists and exegetes have interpreted the sacred sources. Finally, the chapter offers an examination of the impact of colonialism and modernity on the conceptualization of marriage and the family in Muslim discourses, a survey of major reforms enacted throughout the twentieth century by the national states that emerged in postcolonial contexts, and an excursus on contemporary debates centering around the need for further reforms or rather for dismantling the ones previously introduced.

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“Giorgio La Pira” Library and Research Centre, Foundation for Religious Studies John XXIII (FSCIRE), Palermo, PA, Italy

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Picchi, M. (2020). Muslim Marriage and Contemporary Challenges. In: Lukens-Bull, R., Woodward, M. (eds) Handbook of Contemporary Islam and Muslim Lives. Springer, Cham. https://doi.org/10.1007/978-3-319-73653-2_55-1

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DOI : https://doi.org/10.1007/978-3-319-73653-2_55-1

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Marriage in Islamic Interpretive Tradition: Revisiting the Legal and the Ethical

This paper tackles the vexed relationship between the ethical and the legal in the patriarchal construction of marriage and spousal rights in Islamic interpretive tradition and its modern manifestations (i.e. contemporary Muslim family laws and conservative religious discourses). I approach the issue from two angles. First, I examine the work of selected Muslim women scholars from different countries, who since the late 1980s and early 1990s have been engaging critically with Islamic interpretive tradition, to unpack and critique patriarchal interpretations and rulings on marriage and divorce rights, and provide alternative egalitarian readings that are grounded in Qurʾānic ethics. Second, I shed light on how this patriarchal construction of marriage and gender rights impacts the lived realities of ordinary Muslim women and men. I focus on two national contexts: Egypt and Finland. I show-through analysis of courtroom practices in family disputes, marriage practices, and ordinary women’s understandings of the sacred text-that the exegetical and juristic construction of spousal roles and rights is increasingly unsustainable in the lived realities of many Muslims as well as becoming a source of tension on an ethico-religious level.

• 1 Introduction

How are marriage and spousal rights constructed in Qu’rānic exegesis ( tafsīr ) and Islamic jurisprudence ( fiqh )? How does this exegetical and juristic construction speak to the Qurʾānic ethos on marriage and gender relations? And how are present day Muslim women impacted by this hierarchical and gendered model of marriage which continues to be maintained (albeit in modified ways) in many contemporary fiqh -based Muslim family laws? This paper seeks to address these questions using a two-pronged approach.

First, I engage with the exegetical and juristic construction of marriage through a textual analysis of the relevant work of selected Muslim women scholars from Egypt, UK, USA, and South Africa. These scholars have been engaging critically with Islamic interpretive tradition, focusing on the question of gender and its relation to Qurʾānic ethics. Their starting point is a faith-based position: they believe in the normative role of their religious tradition; they have great deference for the interpretive tradition and do not seek to dismantle it or do away with it. Rather they are searching for answers to ethical and hermeneutical challenges from within. The work of these women scholars is situated in a larger scholarship which has been termed as Islamic feminism. 1 And while the question of ethics and Islamic law in relation to gender has also been taken up by notable Muslim male scholars such as Khaled Abou El Fadl (Abou El Fadl 2014), what distinguishes these women scholars is their systematic engagement with this issue, as well as their collective efforts to link their intellectual work to building a global movement towards gender equality and justice in Muslim families. 2

I focus, in this paper, on selected studies by Omaima Abou-Bakr, Ziba Mir-Hosseini, Amina Wadud, and Saʿdiyya Shaikh. First, I show how the work of these scholars illuminates the processes through which patriarchal model of marriage and spousal rights was constructed in the tafsīr literature, took legal shape in fiqh , and has been largely maintained in contemporary Muslim family laws and conservative religious discourses. Early exegetes and jurists based their understanding of marriage as a hierarchical relationship between men and women on their readings of relevant Qurʾānic verses on family relations-readings that were shaped by their socio-historical contexts. But their construction of marriage, according to the studied Islamic feminist scholars, undermines central Qurʾānic theological principles such as the equal worth and moral agency of all human beings, and the duty of every believer to live a life that truly reflects God’s tawhīd by avoiding relationships of power, domination, and subordination.

Second, I look at how this exegetical/juristic construction of gender roles and rights in the family domain impacts the lived realities of marriage and divorce. I examine how ordinary Muslim women, in particular, wrestle with this legal/religious model in their daily lives. I focus on two contexts. One is Egypt: a Muslim majority context where the fiqh model of marriage is sustained in the country’s codified family laws. The other context is Finland: a Western country where state family laws are secular; Muslims constitute a minority and draw on uncodified fiqh injunctions when contracting Islamic marriages. The goal is not to compare the two contexts. Rather I aim to show how the exegetical and juristic construction of marriage is at play in two very different contemporary settings; how the interlocutors in the respective contexts grapple with this legal/religious framework that shapes their marriages because of its increasing disconnect from their lived realities as well as the ethical dilemmas that it poses for them as they find it at odds with their understanding of the Qurʾānic vision on marriage and spousal relations.

2 Research Data

My analysis is primarily informed by the findings of three studies. I draw on a five year study (2013–2018) of selected interpretive knowledge projects, undertaken predominantly by Muslim women scholars, and which engage with Islamic religious sciences, driven by the question of gender justice. 3 The focus of this research is twofold. The first is selected transnational knowledge projects 4 undertaken by a number of scholars who are working on the Qur’an and exegetical tradition; classical jurisprudence and its linkages to modern family laws; and Sufi thought. They are Amina Wadud; Asma Barlas, Omaima Abou Bakr, Ziba Mir-Hosseini, Kecia Ali, and Saʿdiyya Shaikh. The second focus is a case study of Egyptian interpretive knowledge projects which have strong linkages and ties to the above-mentioned projects (but also these projects have their own context-specific particularities and divergences). In the case study, I have been focusing on the Arabic scholarship of Omaima Abou-Bakr and Hoda El Saadi at the research organization Women and Memory Forum . I have also been studying the collaborative Arabic scholarship that Abou-Bakr is producing with other Egyptian scholars who are conducting similar studies such as Amany Saleh and Hend Mostafa at the research organization Woman and Civilization . In addition, I have also been researching the advocacy work of a number of Egyptian non-governmental organizations which draw on this new scholarship in their efforts to promote gender equality. 5 My research in this project involved close analysis of the works of the studied scholars, as well as interviews and participant observation.

My analysis is also based on the findings from a four year (2007–2010) qualitative study of Egyptian family laws and the reforms introduced since 2000. This study is based on a large body of data from interviews with different relevant actors, focus group discussions, court observation, and analysis of court records. 6 (Al-Sharmani 2012, 2013a, 2013b, 2013c, 2014a, 2014b, 2017a).

In addition, this paper is informed by a four year ethnographic study (2013–2017) on Muslim marriage norms and practices in in Finland, focusing on migrants of Somali background as they comprise the largest Muslim community in the country. 7 Research data was collected from individual women and men as well as mosques working with Muslims families on marriage and divorce-related issues. 8

• 2.1 Revisiting the Ethical and Legal in the Interpretive Tradition: Islamic Feminist Scholars’ Re-readings

In a path-breaking study, the Egyptian scholar Omaima Abou-Bakr undertakes a genealogical critical reading of the exegesis of Qurʾānic verse 4:34 over the course of ten centuries (Abou-Bakr 2015). 9 Abou-Bakr surveys the exegetical corpus starting with the 10th century exegete Abū Ja῾far Muḥammad al-Ṭabārī (d.310/923) up till the 20th century exegete Muḥammad ῾Abduh (d. 1905). She traces the development of qiwāma as a patriarchal construct that sanctions gender inequality and essentialist discourse on maleness and femininity. Abou-Bakr’s analysis reveals the following exegetical trajectory of the development of qiwāma . First, exegetes turned ‘ qawwāmūn ’ 10 in verse 4:34- from a description of a particular social organization of marital roles at the time of the revelation when men provided for women—to a prescriptive construct articulated through the use of the noun qiyām first and then later qiwāma to sanction male authority and superiority. Second, they came up with lists of qualities that they attributed arbitrarily to men and women to justify men’s claim to authority and superiority on the basis of the constructed norm of qiwāma . For example, the exegete Abū al-Qāsim Maḥmūd ibn ʿUmar al-Zamakhsharī (d. 538/1144) comprised a list of assumed male attributes which he claimed were the basis for men’s right to divinely ordained preference (e.g. reason, resoluteness, determination, strength, writing, jihād , etc.). Subsequent exegetes such as Muḥammad ibn ʿUmar Fakhr al-Dīn Al-Rāzī (d 606/1209); ῾Abd Allāh ibn ʿUmar al-Baiḍāwī (d. 685/1286), Abū ʿAbd Allāh al-Qurṭubī (d. 671/1273), and ‘Imād al-Din Ismāʿīl ibn ʿUmar Ibn Kathīr (d. 701/1301), further developed listing binaries of male and female attributes to justify their constructions of qiwāma -based male superiority and privileges. Third, the concept of qiwāma was linked to verse 2:228 and the notion of men having ‘degree’ over women that is expressed in this latter verse in order to re-enforce the hierarchal meaning of qiwāma although verse 2: 228 is located in a unit of verses that tackles the theme of divorce and its central message is to urge both parties not to do injustice to one another. 11 Fourth, exegetes of modern times further cemented the meaning of qiwāmah by ascribing inherent domesticity to women versus inherent intellectual superiority and leadership in men.

Abou-Bakr examines Muhammad ʿAbduh’s exegesis of qiwāma as an example of this kind of modern religious discourse, shedding light on his concept of men’s riyāsa (rule) over women, and his argument for leadership and intellectual superiority as innate male attributes on the grounds of a notion of biological determinism that is extended to all male versus all female species (human and non-human). Abou-Bakr, in particular, highlights how ʿAbduh’s modernist exegesis, unlike that of the pre-modern, constructs and reinforces a domestic role for women that included not only child care but also the housework (Abou-Bakr 2014). She notes the importance of recognizing the significant distinction between pre-modern and modern patriarchy as illustrated in the exegetical corpus. Pre-modern exegetical discourse certainly privileged men and subordinated women, but it also stressed men’s duty to protect women, to be good husbands and fathers, not to do ẓ ulm (injustice) to their wives and made their privileges linked to men’s fulfillment of these duties as part of their religious duty to actualize taqwā (God consciousness). Modern exegetical discourse, however, is centered around modernist understandings of innate female domesticity and male rationality and leadership, resulting in clear-cut divisions between private female-centered domain and public male-centered domain. Abou Bakr points out that the patriarchy of this modernist exegetical discourse is more detrimental to women because it shifted attention away from men’s duties and obligations and focuses entirely on women and their essentialized nature and roles (Abou-Bakr 2014).

Abou-Bakr’s genealogical reading of constructs such as qiwāma demystifies the exegetical tradition. It is no longer seamless, unchangeable, and sacred but rather historically-based religious knowledge that can be revisited. In another relevant work, Abou-Bakr uses what she called ‘Islamic cultural analysis’ or intertextuality, to examine how different texts in the tradition speak to one another, revealing tensions between their patriarchal and egalitarian iterations (Abou-Bakr 2012). She juxtaposes, for example, the exegetical work of Ibn Kathīr and al-Suyūṭi who lived in the 15th century to the biographical dictionary of their contemporary, the historian and ḥadīth scholar al-Sakhāwī. Abou-Bakr’s goal is to shed light on how meanings and concepts traveled in the textual tradition; how they were reinforced and built on, or refuted and displaced; where hidden and alternative meanings and discourses can be found and unearthed. (Abou-Bakr 2012, 7) She notes, for example, that while al-Sakhāwī was describing ḥadīth women scholars using terms such as “rational, judicious, and of intelligent mind, and leading in mind and in religion,” Ibn Kathīr and al-Suyūṭi were writing about wifely obedience and ascribing subordination and inferiority to women, drawing on prophetic ḥadīth that claims women are deficient in intellect and religion. In other words, Abou-Bakr shows that Islamic interpretive tradition is not “monolith but contains within it signs of counter-discourse as well.” (Abou-Bakr 2012, 7).

The hierarchical model of marriage found in the exegetical corpus is also mirrored in Islamic jurisprudence ( fiqh ), which is concerned with deducing rulings from the textual sources to regulate social relations. Fiqh constructs spousal duties and rights as interdependent, gendered, and unequal. A husband is obligated to give his wife dower and provide for her in exchange for her obedience ( ṭāʿa ) (Mir-Hosseini 2003, Ali 2003, Abu Odeh 2004, Tucker 2008). Wife’s obedience in legal terms means her obligation to reside in the marital home and to avail herself sexually to her husband. These rulings were based on jurists’ interpretations of Qurʾānic verse 4:34. In this juristic model of marriage, there are no shared matrimonial resources. Whatever possessions and assets the wife brings to the marriage remain hers. Likewise, apart from maintenance for herself and her children, the wife cannot make claims to resources acquired by the husband during marriage. In addition, the husband has unilateral right to repudiation and polygamy, while the wife’s access to divorce is restricted; and is secured either judicially on the grounds of specific fault-based reasons, which differ from one school to the other, or through negotiation with the husband, often involving her forfeiting her financial rights.

Unpacking the juristic construction of marriage, the Iranian UK-based Ziba Mir-Hosseini notes how jurists defined the marriage contract as a “contract of exchange and patterned on the contract of sale,” whose objective was to make sexual relations between the two contracting parties licit (Mir-Hosseini 2013, 10). This marriage contract stipulates a set of rights for both spouses, some legally enforceable, and others subject only to moral sanctions. The rights and duties that carried legal weight focused on a husband’s duty to provide versus wife’s duty to be obedient; and husband’s right to repudiate or take multiple wives. But the abuse of the right to unilateral repudiation or polygamy, for instance, was merely subject to moral sanction. Still pre-modern jurists, Mir-Hosseini adds, were concerned about the welfare of women: they warned husbands against doing injustice to women and put in some checks on husbands’ authority and privileges (e.g. they linked men’s right to unilateral repudiation with payment of financial rights that were due to the wife; they restricted a husband’s authority over his wife to sexual access; and they regulated the ways in which a husband could discipline his wife). But their very construction of the marriage contract, its goal, and the particular rights and duties that were privileged overshadowed the ethical essence and purpose of Islamic marriage as defined in the Qur’an. Furthermore, this juristic construction of the marriage contract and its underlying concept of men’s qiwāmah over women, shared by all schools notwithstanding differences among them, became the foundation or the “ DNA of patriarchy in modern Muslim family laws.” (Mir-Hosseini and Anwar 2012)

The insights from Abou-Bakr and Mir-Hosseini’s hermeneutical engagements with tafsīr and fiqh respectively are particularly relevant for contemporary Muslim contexts where dominant religious discourses often sanctify and essentialize Islamic textual tradition, depicting it as monolithic, fixed, and sacred. Such discourses and its challenges are illustrated, for example, through the argument put forward by the Egyptian Azhar scholar of Islamic Jurisprudence, Soad Saleh. In a religious talk show entitled ʿAmmā Yatasāʾalūn (What are they Asking About) aired on the Egyptian satellite channel Dream 2 , on June 20, 2009, Saleh was asked whether there was a need for an interpretation that restricts or even bans men’s right to polygamy, given the problems that had been found to arise from polygamous marriages, and which impact co-wives and children (e.g. men leaving their multiple wives without support, failing to provide adequate care and education for their children, etc.). Saleh’s answer was if polygamous men were failing to be good Muslims who treat their co-wives equally and take care of their children, then this was a problem with the men and not a reason to go against God’s sacred text, which according to Saleh, sanctions polygamy. 12 In other words, Saleh’s argument assumes there is a perfect text-based religious doctrine which is applicable to Muslims at all times and in all places. And if the doctrine does not serve justice or creates injustice, it is because either Muslims are applying it erroneously or are failing in piety. Her interpretation not only fails to link context and text in a nuanced and dynamic fashion but also takes dominant exegetical interpretations sanctioning polygamy as an immutable given. In other words, these interpretations become conflated with the Qurʾānic text itself.

Egyptian religious scholars’ opposition to the new khulʿ divorce—when it was first passed in 2000—was also based on a similar logic that sanctified Islamic jurisprudence. The new law grants Egyptian women to petition for judicial khul ʿ divorce, irrespective of a husband’s consent. Female petitioners in such cases are guaranteed court issued divorce without having to prove any fault-based grounds for their petition provided that they relinquish their right to the dower and other post-divorce financial dues (Al-Sharmani 2012). The opponents of the new law argued that the Egyptian legislator departed from the Islamic Sharīʿah . since the majority opinions in most juristic schools assume that a wife seeking khulʿ divorce has to negotiate with her husband and secure his consent. 13

While the works of Mir-Hosseini and Abou-Bakr and others focus primarily on identifying the epistemological and ethical gaps in Islamic interpretive tradition (i.e. diagnosing the problem), perhaps the African American scholar Amina Wadud takes a step further by providing an alternative framework for reform from within the sacred text. Wadud calls for Qurʾānic hermeneutics that undertakes “analyses of the ethical moral intent” of the sacred text. (Wadud 2004, 330). Wadud points out that at the core of the Qur’an’s worldview is the ‘ethics of tawhid’ (Wadud 2015). She argues that tawhīd is the essence of the Qurʾānic message to human beings and is the guiding framework for human-God relation and human-human relations. Thus, all social relations (including gender) and practices need to reflect the actualization of tawhīd . (Wadud 2015, 258).

Tawḥīd , Wadud explains, has three important dimensions. First, it is premised on the central truth that God is one. Second, all attributes of God and their essences are in harmony and unity. Thus, attributes of God that may seem to be contradictory (e.g. wrath, mercy, being the first and last, the apparent and the hidden, etc.) are in fact in absolute harmony. And God created the world, including the human female and male, in dual forms, and each in their own inner reality as well as together reflect the Divine reality of oneness and harmony. Third, an important dimension of tawḥīd is that ‘God unites’ and brings together differences. This has important implications for social relations (and in turn for gender relations). It means that perceived differences between people should be guided by the principle of tawḥīd , which is grounded in the principle “of unity above hegemony,” and requires “reciprocity, equality and harmony in all human relationships.” (Wadud 2015, 267) And so if tawḥīd as a central theological principle of Islam is to be implemented on both the individual and collective levels, it would be a counter construct for qiwāma , since the latter sanctions unequal gender relations and male superiority and thus contravenes with the essence of tawḥīd .

The South African scholar, Saʿdiyya Shaikh, also puts forward a corrective to the construction of gender in Islamic law, through a Sufi-oriented engagement (Shaikh 2015). Sufism, Shaikh points out, reminds us of the essence of human existence and the core theological principle that underlies Islam, which is submission to the Divine. The actualization of this goal entails the pursuit of the spiritual and ethical path towards the knowledge, love, and worship of God. Drawing on the work of the 13 century Sufi scholar Ibn ʿArabi, Shaikh notes that all human beings, whether men or women, are ontologically and spiritually equal and have equal potentiality for moral agency to seek the path. In other words, women and men-carrying the divine spark within—have the potentiality to realize the ethical ideal within them, and thus are able to manifest and unite God’s attributes (i.e. balance jalālī attributes such as power and wrath and jamālī attributes such as mercy and gentleness). And since spiritual and social life are expected to be interconnected, an ethical way of being and living needs to be also reflected in the laws governing social (and thus gender) relations. This inherently necessitates striving against the desire for control, domination, and hierarchy, attributes that lie at the core of patriarchy. Therefore, fiqh being part of this religious tradition needs to be reformed in a way that reflects the theological and ethical essence of the faith.

To conclude, for the above-mentioned Islamic feminist scholars, the question of gender in the Islamic interpretive tradition is not confined to the issue of inequality and injustice that women suffer because of a hierarchal model of marriage and spousal rights. It is first and foremost a problem that arises from the disconnect between the exegetical and juristic construction of marriage and divorce on the one hand, and the core theological and ethical principles that underlie the Qur’an on the other hand.

• 2.2 Revisiting the Ethical and Legal in Lived Realities of Muslim Marriages and Gender Relations

2.2.1 Egypt

How is the patriarchal model of marriage in the interpretive tradition relevant to contemporary Muslim family laws, both in a Muslim-majority context and in a diaspora context where the Muslim population are a minority and predominantly of migrant background? First, let us take Egypt as an example of the former. The construction of spousal roles and rights in Egyptian family laws draws on the fiqh model of marriage. Article 1 in Egypt’s Personal Status Law No. 25 of 1920 (amended by PSL No. 25 of 1929 and PSL No. 100 of 1985) stipulates that ‘maintenance shall be the wife’s right and due on her husband from the authentic date of the contract if she shall have given herself to him in marriage even if virtually and despite her being wealthy or different from him in religion.’ Thus, marital roles are defined, like in the fiqh corpus, as the husband being a provider for his wife, while the role of the latter is to be sexually available to the husband. To fulfill this role, the wife is expected to be ‘obedient’ to her husband. The code defines wifely obedience indirectly by defining its opposite, namely disobedience or nushūz . Article 11 defines nushūz as a wife’s illegitimate refusal to reside in the matrimonial house, and stipulates that a wife who is found to be disobedient by the court loses her right to spousal maintenance (Al-Sharmani 2013b, 39).

But how does this legal script of spousal duties and rights play out in the lived realities of marriage and marital disputes? In my research on Egyptian family law reforms, the majority of the female respondents reported that they contributed significantly to the financial costs of their weddings and the furnishing of the conjugal home. In fact, this was a prevalent practice, particularly among the lower middle class. In addition, many of the married respondents also contributed substantively to the maintenance of the conjugal family and in some cases they were the sole providers due to their husbands’ absence; on or off—abandonment; or underemployment/unemployment.

Also, my analysis of obedience ordinance court cases showed that husbands and wives were involved in such lawsuits for a variety of reasons that were related to the incongruence between their lived realities and the legal script of spousal roles (Al-Sharmani, 2013b, 41). Family law does not grant women any rights in return for their financial roles. This contributes to marital conflicts. Some female respondents wanted to work. Others needed to work even though they made little income and lacked the work benefits that would facilitate their juggling work, child care, husband care, and housework. These women felt ambivalent about work because they were caught in a situation in which their husbands failed to provide for them and their children adequately and thus could not relieve them (the wives) from being trapped in difficult and poorly paid work. Husbands were often reluctant for their wives to work but felt frustrated that they could not provide for them. Yet, these men still wanted to claim the power and authority over their wives which they obtained from their roles as providers/guardian. And in cases of marital conflicts, they used this power arbitrarily and excessively, resulting in physical abuse to their wives. Consequently, wives left the matrimonial house because they could not sustain a situation in which they were not provided for, were subjected to abuse, and were not allowed to earn their own income. Husbands responded by invoking the authority of their qiwāma , and filing an obedience ordinance against their wives. Husbands also filed for an obedience ordinance to offset a wife’s efforts to seek judicial divorce; to negotiate for more advantageous financial settlement as part of the divorce process; or to use the claim to obedience as leverage to renegotiate with the wife the nature of their financial obligations as the legal providers.

Women’s motivations to contest obedience ordinance were multiple and were often not about seeking maintenance. Some of these reasons included: claiming a matrimonial house that was separate from the dwelling of the in-laws, negotiating their right to work, and facilitating their pursuit of divorce. The connection between divorce and obedience cases suggests that the hierarchical marital relations created by the concept of qiwāma are not confined to the idea of maintenance versus obedience but also include the right to divorce. Men have unfettered right to it, whereas women’s right to divorce is restricted because it is granted and managed through the court. And obedience ordinances are one of the mechanisms through which women’s right to divorce is restricted. By filing for obedience, men forced their wives to undertake the task of contesting the husband’s right to obedience.

Litigants’ strategies in khulʿ divorce cases were also telling of the problems that women confronted as a result of unequal divorce rights. First of all, women’s motivations for petitioning for khulʿ showed that many made use of this new legal reform not as a way to exercise the option of ending an unwanted marriage to a blameless partner in exchange for relinquishing their financial rights as this divorce was intended to be according to the textual sources in the Qur’an and Sunnah. Rather female litigants often used this legal option to avoid the insurmountable problems with the legal process and evidentiary requirements in fault-based divorce. That is, such women were often in marriages where they were being harmed by their spouses for a variety of reasons, but they opted not to petition for fault-based divorce because of its legal challenges. For example, in sixty nine of the hundred khulʿ cases that I researched, the female litigants petitioned for this divorce because of reasons such as: husbands’ failure to support; spousal abuse (physical and sexual); husband’s infidelity; husband’s polygamy, husband’s abandonment, etc.

Khulʿ cases not only illuminated the challenge of women’s access to divorce in fault-based divorce, they also shed light on how entrenched is the patriarchal gender discourse that underlies the fiqh -based model of spousal rights and which continues to exist in Egyptian family laws. For instance, respondents from diverse groups (e.g. judges, court mediators, lawyers, male litigants) expressed to me their opposition or reservation to khulʿ , making arguments that were premised on male intellectual and moral superiority versus female irrationality and fickleness. These arguments, moreover, were frequently grounded in the concept of men’s claim to qiwamah . One husband put it as follows: “The man no longer has qiwāmah over his wife, especially after khulʿ . If he says anything to her that she does not like, she tells him I will divorce you.” Interestingly, some husbands filed obedience ordinance against their wives in khulʿ even though it was a given that the women would win these cases since they were forfeiting their right to spousal maintenance (and dower) by petitioning for khulʿ and thus owed no obedience to their husbands. But this tactic on the part of husbands was meant not only to prolong the legal process but also to re-affirm men’s claim to authority and privilege by invoking the spousal maintenance-obedience claim, despite its being legally toothless in the cases of khulʿ divorce.

But it was not only the multidimensional problems encountered by women both inside and outside the courtroom that made this hierarchical fiqh -based model of spousal roles and rights a source of tension for women. Women also wrestled with the current family laws on an ethical level because they believed these laws departed from the ethical values of Islamic Sharīʿah , which they believed to be found in the Qurʾānic text (Al-Sharmani 2017a). They questioned, for example, marital sex as being conceived both in legal and religious discourse as the wife’s obligation upon which her right to spousal maintenance is dependent. Many female interlocutors in the study believed that the Qurʾān advocates marriage relationships that are based on care and reciprocity, which they did not see reflected in the country’s family laws or social norms. They often quoted Qurʾānic verse 30:21which defines marriage as sakan (tranquility), mawadda (affection) and raḥma (compassion). They also believed that men’s right to unilateral divorce and women’s restricted access to divorce were at odds with how they understood the text’s view on gender relations, invoking Qurʾānic terms such as maʿrūf (that which is commonly known to be good), iḥsān (doing the good and beautiful), and ʿadl (justice). It is noteworthy that female respondents who voiced these opinions did not study the Qur’an or the religious tradition closely. Still they were quite familiar with Qurʾanic language and ethical terms, which were particularly relevant to verses on marriage, divorce, and polygamy. 14 Moreover, for some of these respondents their own personal experiences with marital disputes and litigation enabled them to reflect on the relationship between the Qurʾanic text and the family laws that were regulating their rights in marriage.

In short, the patriarchal model of marriage found in Egyptian family laws is increasingly becoming a source of tension to women and men because of its disconnect from their lived realities as well as its ethical shortcomings.

2.2.2 Finland

But what about Muslim women in a Western context where they are part of a religious minority? How is the fiqh -based model of marriage relevant in such a context? I examine the Finnish context as an example. Finland is a Nordic country with a population of 5, 5 million and has been for most of its history a country of emigration (Statistics Finland 2018). Since the late 1980s, however, Finland has become increasingly a country of immigration. Muslims in the country are estimated to be round 60,00–65,000 (Pauha and Martikainen 2014). Tatars who moved from Russia in the 19th century are the oldest Muslim community, currently comprising about 600 people. Other Muslim communities are more recent arrivals to the country, immigrating from the Middle East, North and East Africa as well as South Asia. Most of the Muslim immigration to the country is refugee-based. Somalis, who first arrived in the country in the late 1980s and early 1990s after the advent of the civil war in their home country, constitute the largest Muslim community with a total number of 19,059 (Statistics Finland 2016). The Somali community confront high unemployment rate, low socioeconomic level, low enrolment in higher education, and high instances of racism ( OSF 2013). Among the younger generation, women are doing better than boys in school education. Furthermore, the gender-sensitive welfare policies of the country enable immigrant women to be more likely to be economically autonomous from their spouses and contribute to the marginalization and stigmatization of immigrant men (Peltola 2015).

According to the Finnish 2008 Act of Performing Marriage Ceremonies, marriages have to be registered at the state notary office in order to be recognized as legally valid. Mosques which are registered as religious community are licensed to conduct religious marriages and are obligated to coordinate the task of registering these marriages with the state notary. 15 Hence when marrying, many Somalis usually follow two-tier process. They conduct a religious marriage, and have it registered either by concluding the marriage at one of the licensed mosques, or having a religious scholar conclude the marriage in their homes and registering their marriages themselves. When conducting an Islamic marriage, Somali immigrants follow the main juristic doctrines shared by most schools. The bride’s guardian (usually her father) acts on her behalf in concluding the marriage. The bride’s guardian makes the offer ( ijāb ), and the groom accepts ( qubūl ). A dower is agreed upon and entered in the marriage contract and two witnesses attest to the contract. Interestingly, more young women have been making use of the Ḥanbalī doctrine of negotiating for stipulations to be entered into their marriage contracts. Women have been mainly inserting stipulations to negotiate to safeguard themselves from polygamy. This recent practice among young Somali women was not previously known among Somalis in diaspora or in the home country where the population predominantly adhere to the Shāfiʿī school (Al-Sharmani 2015, 2017b). This new practice and others (e.g. claiming all of the dower either at the time of officiating the contract or sometime during the marriage) are related to increasing number of Somali women actively seeking religious education from diverse sources such as mosque classes, online lectures, published books, and educational visits to the Middle East. The pursuit of a reflective religious understanding has been part of these women’s goal of leading an ethical and meaningful life as they confront on the one hand racism and marginalization in the larger society and on other hand gender-based challenges within the community.

And so as young women, in particular, have been increasingly acquiring more religious knowledge, they have been grappling with the uncodified religious (and cultural) laws regulating their intimate relationships. For example, twenty-five year old Nefisa argued that Muslim spousal roles should not be fixed but to be renegotiated as part of a larger religious process of cultivating a spiritually refined Muslim self and to lead a life of taqwā :

Islamically also for me, as a woman, it is extra ajir (reward from God) if I share with him the responsibility….. for me, it obviously made sense. It was no way his pay alone would cover everything. So Islamically I would get ajir and it was in my best interest, so why not…. We used to have this conversation with other Somali girls about the finances and whether you should contribute or not in the household. I know a couple of girls who would say ‘No, No, why would I share the money with him (their husbands)? Let him provide for me.’ And it never made sense to me, it did not feel right. I thought that is not very clever. At the end of the day he is not some random guy, it is your husband, you should act as a family, you should be concerned about him. Otherwise, it is just some business arrangement in the house. So, this idea that this is mine felt absurd to me. Al-Sharmani 2015, 111

Samira, a twenty year old university student critiqued Somali diasporic marriage norms, which while they discursively upheld juristic constructions of spousal roles (i.e. provision versus obedience) marginalized, in her view, an ethically-grounded Islamic model of marriage, based on the Prophet’s role model as a husband and on key Qurʾānic values that foreground love, compassion, and reciprocity in a Muslim marriage:

I read a lot about the Prophet and about Islamic marriage. There is no love in Somali marriage. I wanted to understand the difference between our culture and what religion actually teaches us. I found there is a big difference: for Somalis, love is ‘eeb’ (shameful, taboo); they do not say I love you to one another, they do not send text messages to each other; they do not show affection to one another. But in our religion marriage is ‘mawwadah wa raḥmah’ (affection and mercy). The Prophet was our role model, was gentle, playful, affectionate with his wives. He would drink milk from the same place as Aisha drank, he would race her, he would be patient when she got jealous and got mad at him. Couples, as it says in the Qurʾān are libās (garments) to one another. Al-Sharmani 2015, 114

Again adopting an ethically-guided framework that is grounded in the Qurʾān, interlocutors such as Nefisa and others also rejected polygamy because they saw it as contravening with the higher goal of cultivating an ethical Muslim self that is in harmonious relations with others. Nefisa, who inserted a stipulation against polygamy in her marriage contract, argued that polygamy would inevitably result in marital conflicts between her and her husband and thus would get in the way of a harmonious marital relationship that would enable her to cultivate an ethically responsible Muslim self, in preparation for the afterworld and accountability to God. Another interlocutor who got divorced from her husband when he remarried used similar argument: she was opposed to polygamy because she believed it resulted in spouses’ failure to provide mawwadah (affection) and raḥmah (compassion) to one another, and which she saw as integral to Islamic marriage and the goal of raising a good Muslim family together.

It is important to note that these women are not part of a feminist movement seeking gender equality. Their questioning of prevalent religious and cultural norms on marriage has been taking place in the context of their search for an ethical and empowering life in a migratory context where they face different challenges but where they are also being presented with new opportunities, including access to diverse forms of religious knowledge.

It is also noteworthy that the revisiting of patriarchal construction of fixed and hierarchical spousal roles and rights among Somalis in Finland has not been confined to this group of women. It is also being done (albeit in complex and mixed ways) by one of the main Somali-led mosques in Helsinki, in the course of its program activities for Muslim families. This mosque program has been educating men and women about Islam, family relations, and living in diaspora. 16 It advocates, for instance, the need to rethink husbands’ assumed religion-based authority over their wives or fixed marital roles whereby men’s role as a provider is privileged, for instance, to his role as a care providing parent for his children-particularly that the latter role is what is more needed and beneficial to families. The mosque has been promoting this new religious understanding of spousal roles, using arguments that emphasize the importance of grounding religious laws and norms in clear ethical purposes. For example, the mosque imams question how men use (and abuse) their privileged divorce rights when they refuse to divorce their wives in mosque-mediated divorce disputes. The imams frame such acts as an ethical failure on the part of these men which makes their claim to Muslim piety diminished.

Again these mosque actors, like the women, are not seeking gender equality. Nonetheless, they are engaged in processes of reeducating Somali Muslim families about Islamic law and how it should govern their intimate relationships in ways that highlight the importance of linking the ethical and legal and taking into account the lived realities of the parties concerned.

• 3 Conclusion

In this paper, I reflected on the normative and ethical challenges of Islamic textual tradition in relation to the question of gender. This tradition, in many present day Muslim contexts, has multiple layers: it consists of classical tafsīr and fiqh ; it is linked to modern exegesis; it also has a foundation in modern family laws and dominant religious discourses. These individual layers of the tradition are not one and the same and hence collapsible to a singular entity. Notwithstanding the significant differences among these layers, I have argued that there is a particular construction of marriage and spousal duties and rights that is recognizable in all of them and is partly what links them together in one tradition.

This model of marriage creates challenges on multiple levels. I have examined, one level, its theological, ethical, and hermeneutical challenges through the epistemological engagements of selected Islamic feminist scholars from the Middle East, Africa, Europe, and North America. These scholars problematize the construction of gender in Islamic interpretive tradition through their critical rereading of tafsīr and fiqh literature and provide alternative readings based on their interpretive insights from the sacred text and its theological principles. The goal of this Islamic feminist scholarship is twofold: to partake in an epistemological critique that situates itself within the tradition and to produce Islamically-grounded feminist knowledge that facilitates reaching the goal of gender equality and justice through multidimensional reform (legal, religious, social).

I have also traced how this model of marriage and gender rights is visible and at work in two very different Muslim contexts, and how women, in particular (but also religious institutions in a diasporic context) grapple with the legal, social, and ethical challenges arising from this model, particularly as the lived realities of marriage and gender roles are changing and women are becoming more versed in their sacred text and religious tradition.

The actors I discussed in this paper are diverse with different contexts and goals. However, it is precisely because of their diversity that what unites them is significant. They all embrace Islam as a faith and divinely-inspired normative framework for their lives, and they are all in search of the ethical in this framework, in order to foreground it and link it meaningfully to the legal.

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Wadud , Amina . 2015 . “ The Ethics of Tawhid over the Ethics of Qiwamah ” In Men in Charge? Rethinking Authority in Muslim Legal Tradition , edited by Ziba Mir-Hosseini , Mulki Al-Sharmani , and Jana Rumminger , 256 – 274 . Oxford : OneWorld .

Wadud , Amina . 2004 .“ Qurʾān, Gender, and the Interpretive Possibilities .” Hawwa 2 , 3 : 316 – 336 .

Elsewhere, I wrote about the contestations around the term Islamic feminism and the limitations of lumping together many divergent and un-connected projects underneath this label. I argue that there is, however, a conceptual, hermeneutical, and political framework that is shared by some of the projects and which I propose as the basis for studying them as part of a larger emerging body of knowledge building movement. See Al-Sharmani 2011, Al-Sharmani 2014c.

For example, in 2009, Ziba Mir-Hosseini and Amina Wadud, two of the scholars I discuss in this paper, co-founded with other Muslim women scholars and activists such as Zainah Anwar from Malaysia Musawah , a global knowledge building movement. Musawah links scholarship with activism, producing new collaborative religious feminist knowledge and undertaking advocacy efforts towards the goal of gender equality and justice in the Muslim families. See http://www.musawah.org/ . As part of a multi-dimensional five year knowledge-building initiative on the concepts of qiwāmah and wilāah, Musawah brought together the studied scholars and others to conduct hermeneutical studies on these two concepts. See Mir-Hosseini el 2015.

This Academy of Finland project (2013–2018) is titled ‘Islamic Feminism: Tradition, Authority, and Hermeneutics’ and is based at Faculty of Theology, Study of Religions Unit, University of Helsinki.

I call the work of these scholars transnational for a number of reasons. These scholars are based in academic institutions in different countries in Africa, the Middle East, UK, USA, Canada. They produce scholarship in English and their published work is widely disseminated to both academic and non-academic readers.

One such organization is Mada Foundation, and its program Noon for gender and religious reform. The foundation, however, suspended its activities in October 2015. On the work of Islamic feminist scholars in Egypt and Mada Foundation, see Al-Sharmani 2016.

With the assistance of research assistants, Sawsan Sharif and Fayrouz Gamal at the Social Research Center, the American University in Cairo we conducted interviews with 194 male and female litigants about their disputes and court cases, and 100 men and women of different marital statuses about their marriage aspirations and practices; as well as interviews with 30 court personnel including judges and court-based mediators; 4 focus group discussions with lawyers, and interviews with legislators, religious scholars, and women’s rights activists.

This research was one of three studies comprising a larger Academy of Finland project titled ‘Transnational Muslim Marriages in Finland: Wellbeing, Law, and Gender.’

I and post-doctoral researcher Abdirashid Ismail collected interview data from 37 women and men and 5 focus group discussions with a total 39 women and men. I also documented the life stories of 5 women. In addition, I collaborated with post-doctoral researchers Sanna Mustasaari and Abdirashid Ismail in researching 8 mosques in Helsinki that conclude Islamic marriages and undertake mediation and arbitration in family disputes. In particular, I conducted an in-depth four year ethnographic study of one Helsinki mosque, taking part in and observing its various activities for families. See Al-Sharmani et al 2017; Mustasaari and Al-Sharmani 2018, Al-Sharmani forthcoming.

A translation of verse 4: 34 reads, ‘Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means. Therefore the righteous women are devoutly obedient, and guard in (the husband’s) absence what Allah would have them guard. As to those women on whose part ye fear disloyalty and ill-conduct, admonish them (first), (Next), refuse to share their beds, (And last) beat them (lightly); but if they return to obedience, seek not against them Means (of annoyance): For Allah is Most High, great (above you all)’ See Abdullahi Yusuf Ali translation, 1989.

Qawwām , an adjective, is derived from the Arabic verb yaqūm ʿalā , which means to take care of, to manage.

A translation of verse 2:228 reads, ‘Divorced women shall wait concerning themselves for three monthly periods. Nor is it lawful for them to hide what Allah Hath created in their wombs, if they have faith in Allah and the Last Day. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them. And Allah is Exalted in Power, Wise.’ See Abdullahi Yusuf Ali translation, 1989.

Exegetical interpretations which sanction polygamy are based on Quranic verse 4:3 which reads,’ If ye fear that ye shall not be able to deal justly with the orphans, marry women of your choice, two or three or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess, that will be more suitable, to prevent you from doing injustice.’(Youssef Ali Translation).

Juristic rulings on khulʿ are based on Quranic verse 2:229 and the Prophetic ḥadīth that narrates: Jamila the wife of Thabit ibn Qays went to Prophet Muhammad seeking divorce from her husband. She said he had not wronged her in any way but she did not wish to stay in the marriage and feared she might transgress against God’s limits if she continued with the marital union. The Prophet granted her the divorce after he had her return to the husband the garden which he gave her as a dower. See al-Bukhārī, 1974, 7:150–51.

Maʿrūf is used repeatedly in verses on marriage and divorce, for example in 2:228, 2:229, 231, 232, 233, 234, 235, 236. Iḥsān is also used in verse 2:229 as the basis for the Quranic framework for divorce.

Religious groups can register as a religious community either under the Freedom of Religion Act of 2003 (with a minimum of 20 members) or under the Association Act of 1989. Communities registered under the former have to meet more rigid criteria than those registered under the latter law, but they enjoy more rights such as the legal authority to conclude marriages and the right to religious education. Registered religious communities are entitled to receive annual financial assistance from the state if they have at least 200 registered members. See Kääriäinen, 2011.

I have been conducting a four-year ethnographic study of this mosque program, and how the Finnish state governance of religious minorities enables and limits these kinds of initiatives. See Al-Sharmani, forthcoming.

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Muslim Sexual Ethics:

Marriage contracts  in islamic jurisprudence.

Muslim marriage is a contract, not a sacrament. Though it has importance as the only religiously sanctioned way for individuals to have legitimate sexual relationships and to procreate (now that slave-concubinage is no longer practiced), marriage is a civil agreement, entered into by two individuals or those acting on their behalf. ( Read more about consent and forced marriage.) And because it is a contract ( ‘aqd ), it conveys legal rights and obligations to each spouse. This brief essay will discuss those rights along with the crucial issues of how and whether they can be modified through contractual stipulations ( shurut, sing. shart ). The focus here is on “Islamic law” in the sense of jurisprudence ( fiqh ), and not , it should be stressed, on what Islamic marriage ideally should be according to the Qur’an or prophetic tradition.

Islamic jurisprudence, as elaborated by various schools of legal thought, considers the main purpose of the marriage contract to make intercourse lawful ( halal ) between a husband and wife and to legitimize any resulting offspring. The marriage contract also establishes further rights and duties for each spouse. Aside from the basic requirement of “mutual good treatment,” which is not legally defined, these rights and duties are differentiated by gender. They are also interdependent: a failure by one spouse to perform a specific duty may jeopardize his or her claim to a particular right.

The husband’s first duty is to pay an agreed-upon dower ( mahr or sadaq ) to his wife; this property, which can range from a token sum to a substantial amount of wealth, is legally hers and she may save, spend, or invest it however she chooses. In exchange for the payment of dower, the husband receives what is referred to as milk al-nikah, milk al-‘aqd , or milk al-bud‘ , “ownership (or control) of marriage (or intercourse) / the marriage contract / [the wife’s] vulva”; this milk is a prerequisite for lawful intercourse. Because he possesses this control, he and he alone can unilaterally end the marriage at any time by a pronouncement of repudiation ( talaq ). If the wife wishes to end the marriage, she must either pay him to gain his agreement (in divorce for compensation, khul‘ ) or, if she has grounds (which vary according to the different schools of legal thought), she may seek judicial divorce.

In addition to dower, the wife has a right to lodging, clothing, and support, as well as, in most cases, support for at least one servant to perform domestic chores and wait on her, as was common in pre-modern societies. If she has co-wives, she also has the right to an equal share of her husband’s time. In exchange for his support of his wife, jurists hold that a husband has the right to restrict her movements and to expect that she be always available for sexual intimacy. A wife who refuses his advances or leaves the marital home without permission, or with permission but on her own behalf, loses her right to support as well as any claim to a portion of her husband’s time.

The jurists disagree over whether the rights established by the marriage contract can be modified by the inclusion of stipulations. Most often, such stipulations are aimed at securing certain rights or privileges for the wife. The most commonly debated provisions specify that the husband will not take any additional wives or will not relocate his wife from her hometown. Among the four Sunni legal schools, the Hanbalis grant the most recognition to these stipulations, holding that if the husband violates either stipulation, the wife has the right to dissolve her marriage. (It does not mean that any additional marriage he concludes will be void, only that she can opt to leave him if he marries again; likewise, she cannot bind him to remain with her in her town, but can obtain a divorce if he insists on relocating her.) Jurists from three other legal schools (Maliki, Hanafi, and Shafi‘i), by contrast, consider both clauses to be utterly void and without effect. A woman can include these stipulations in her marriage contract but, at least according to the predominant view of jurists from these three schools, she cannot enforce them in any way. However, if her husband had delegated to her a right to divorce if the stipulation was breached or had pronounced a suspended divorce that would take effect automatically if he violated the stipulation, then the binding power of the husband’s divorce oaths serves as guarantor of the stipulation. ( Read more about divorce.)

The inclusion of stipulations in marriage contracts is discussed by many Muslims today as the best way to protect women’s rights within marriage. In majority-Muslim societies, current legal codes determine how stipulations will be enforced. For Muslim minorities living in secular societies where Muslims are not subject to a particular interpretation of Islamic law by government decree, the legal strategy of including conditions in a marriage contract can be a useful way of making clear the spouses' expectations for the marriage and their roles within it. In general, such contracts will be only morally binding and, unless very carefully drafted, not legally enforceable under civil law, though there are organizations, such as Karamah , working on model marriage contracts that will be enforceable in the United States.

There is disagreement among Muslims about the degree to which such modified contracts address the legal disadvantages Muslim women face during marriage and in case of divorce. When husbands and wives agree that they wish to enforce traditional rules, such as dower obligations, the marriage contract is a vital tool. But for those who object to the overall framework of differentiated rights and duties, or to particular male prerogatives, modifications to marriage contracts cannot successfully resolve the problem. For example, regardless of which stipulations are attached to the contract, the legal structure of marriage in Islamic jurisprudence presumes the husband’s continual sexual access to his wife and his right to end the marriage unilaterally at any time. To resolve these issues will require a fundamental rethinking of the legal concept of milk , ownership or control, and its place in Muslim marriage – in other words, the basic nature of the marriage contract itself.

Content by Kecia Ali Senior Research Analyst, FSE Revised June 19, 2003

Women in Islam and Muslim Realms: Marriage & Gender Issues

• General Reference & Background Information
• Books (Print & Electronic, incl. Dissertations )
• Databases & Research Tools Online
• Muslim Feminism
• Marriage & Gender Issues
• Women's Organizations

Background. Islamic marital jurisprudence : Marriage (zawaj زواج) * Divorce (talaq طلاق, Khulʿ : خلع )

Marriage in transition : gender, family and Muslim social reform in colonial India / by Asiya Alam.

Divorce - Islamic perspective - question and answers

Marriage and Divorce: Modern Practices oxfordislamicstudies.com

8 Legal Issues for Islamic Marriage and Divorce oxfordscholarship.com

Importance of Marriage in Islam al-islam.org .

Islamic Philosophy of Marriage www.muslim-marriage-guide.com

Legal Marriage Age in Muslims and World Wide www.muslim-marriage-guide.com

Religions - Islam: Weddings bbc.co.uk* An 1874 Islamic marriage contract.

Gender, Islam and judgeship in Egypt International Journal of Law in Context [The issue of women serving as judges has been a contentious one in Egyptian society for nearly eight decades. While other Muslim majority countries started appointing women judges as early as the 1950s and 1960s, it was not until 2003 that the Egyptian government announced the appointment of its first ever female judge. Despite the approval of Egypt's religious scholars, her appointment was fiercely contested, among both the general public and the legal profession.]

Marriage in Islam [From Wikipedia]

Women and Gender in the Middle East and North Africa ... Mapping the Field and Addressing Policy Dilemmas at the Post2011 Juncture', MENARA Final Reports, n. 3, March 2019.

The Women Bringing Sex Ed to the Arab World  / The New York Times Thursday, November 18, 2021. Activists are using social media to do what Arab countries have failed to do: teach women about their bodies. They’re aiming for a cultural awakening.

For Women in Mauritania, Divorce Is Cause for Joy, Not Sorrow / By Ruth Maclean and Laura Boushnak 1,571 words 4 June 2023. The New York Times

Recommended Reading

Islamic ruling on male and female circumcision ( A collection of three brief scholarly treatises on male and female circumcision as viewed in the body of Islamic law. Noting the lack of doubt that male circumcision is a legitimate practice, the papers largely address common misunderstandings about the Islamic ruling in the case of daughters. In publishing these treatises, the WHO Regional Office for the Eastern Mediterranean aims to issue an authoritative and conclusive statement about the practice of female circumcision in Islamic countries.)

Introduction to Muslim Sexual Ethics . This web site is part of the Feminist Sexual Ethics Project at Brandeis University

Marriage In The Arab World - Population Reference Bureau

Transgender Muslims Find a Home for Prayer in Indonesia The New York Times/By JON EMONT DEC. 22, 2015

Sisters in Islam Sisters in Islam provides a wide range of information resources on marriage, divorce, domestic violence in Muslim societies.

Gender, Sexuality, and Islam under the Shadow of Empire / Saadia Toor

Women’s Rights in Islam Regarding Marriage and Divorce Journal of Law and Practice, April 11, 2011. Source: WHO 2013.

The Middle Eastern Marriage Crisis . NOW on PBS

In Egypt, the Law itself is an Enemy of Women's Rights / Juan Cole, Feb 24, 2015.

Women of the Islamic State [Quilliam Foundation] Translation: Women in the Islamic State – a manifesto .

Women and Saudi Arabia's Male Guardianship System | HRW "We all have to live in the borders of the boxes our dads or husbands draw for us."

Saudi Arabia: Male Guardianship Boxes Women In | Video

Domestic Violence

An Islamic Perspective on Domestic Violence / Azizah Y. al-Hibri. Fordham International Law Journal , Volume, 27, Issue (1) 2003. Article 8

Domestic Violence and Shari’a:Comparative Study of Muslim Societies in the Middle East, Africa and Asia / Report by Lisa Hajjar.

Introduction of Violence Against Women Sisters in Islam website with range of resources on violence against women in Islamic societies.

Mapping stoning in Muslim contexts Execution by stoning is still carried out in various parts of the Muslim world (either by state or non-state actors) as a punishment for zina (adultery and fornication), even though there is no direct reference to this form of punishment in the Quran. February 2012.

Muslim victims of domestic violence 'risk alienation if services cut' Report from The Guardian, 5th Sep, 2014.

Women and the Law in Islamic Societies: Legal Responses to Domestic Violence in Saudi Arabia and Morocco / Cybèle Cochran. © 2009 The Fletcher School.

• Wife Beating in Islam - by Silas
• Wife-beating, sharia, and Western law - Asia Times
• Wife Beating in Islam - WikiIslam

Honour Killings

Women's rights to divorce and inheritance (talaq طلاق, khulʿ : خلع ) & ميراث.

What Muslims Around the World Think About Women's Rights, in Charts : Insights from the massive Pew survey of adherents of the world's second-largest religion. Olga Khazan May 1, 2013. The Atlantic .

Women's Rights in Islam Regarding Marriage and Divorce William Mitchell Journal of Law & Practice .

Fatawa - Does a divorced woman and her child inherit ( Dar al-Ifta, Cairo, Egypt)

Polygamy - Polygyny in Islam

"Men having many wives?

Men and women can have as many spouses as they can fit into a lifetime; but this is not generally approved. Women are requested to have only one husband at a time (there is evidence that wealthy Arab women were polyandrous before the coming of Islam - certainly wealthy men were polygynous), and men are limited to four at one time, whereas previously there had been no limit, and a wealthy and generous man was expected to cater for as many women as he could afford (in the absence of a welfare state). ...  No Muslim was ever to deliberately cause hurt or harm to another Muslim, so a man might not take extra womenfolk into his home if it would cause upset and distress (it was recommended when there were lots of widows after warfare, if the women were willing to be generous to bereft 'sisters'). Also, if a man could not provide equal treatment of his wives - equal food, clothing, money, living quarters, time spent with - he was refused permission for polygamy. Equal sexual activity was not ruled on, however. Some wives had no sexual relationship with their husbands at all after a while, or if they came into the household as widows of relatives." / ©BBC " BBC - Religions - Islam: Sharia."

Polygamy in Islamic Law /  Jamal A. Badawi © 1988-2012 irfi.org

Why does the Qur'an allow Muslim men to have four wives ? @islamcan.com

Polygamy in Islam: The women victims of multiple marriage BBC News, 31 May 2012.

The Men With Many Wives - [YouTube. Sep 27, 2014 - Upload] The Men With Many Wives. Series (BBC HD)

AyoPoligami: Dating app encouraging polygamy A Tinder-style dating app for polygamists has sparked controversy in Indonesia

Mixed Marriage

• What does the Qur'an say about the interfaith marriage? / Asma Lamrabet.
• Converting to Islam: British women on prayer, peace ...
• 'Halal' interfaith unions rise among UK women - Al Jazeera Dec 31, 2012 - Some religious leaders are coming to terms with rising numbers of Muslim - Christian couples in the UK.
• How Christians and Muslims can marry – the official guide The Independent.co.uk

Arranged Marriage * Forced Marriage

In Sharia Law any marriage that is forced or false in any way is null and void. It is not a proper marriage. This is a problem that seems to plague Muslim women from India/Pakistan/Bangladesh and nowhere else in the Islamic world - and it also applies to Hindus and some Sikhs from those areas too.

Forced marriage is totally forbidden in Islam. False marriage is too - for example, some of our teenage girls are sent back to Pakistan for a holiday when they are about 15, and sign things they do not understand, and then find out later that they have been 'married' even if it has not been consummated. UK lawyers are getting far better at studying Sharia these days, in order to protect these girls from this particular culture.

Forced marriage is not at all the same thing as arranged marriage. Muslims from many countries have a system of arranged marriages, in which the spouses may not have seen each other before marriage, but it always has to be with their free consent. The Prophet himself advised prospective spouses to at least 'look' at each other, until they could see what it was that made them wish to marry that person as opposed to any other. Women forced into marriage, or seeking divorce for general reasons, have the same sort of grounds in Sharia as in the west - cruelty, mental cruelty, adultery, abandonment, etc. They may even request a divorce for no specific reason whatever, so long as they agree to pay back the mahr (marriage payment) made to them by their husband if the husband does not wish to let them go but are obliged to." BBC © 2014 .

Force Marriage Staffordshire County Council, United Kingdom

Arranged Marriage: Trapped Between Two Cultures . National Public Radio. Retrieved on 2012-04-02.

Hanan Hamamy (July 2012), Consanguineous marriages , Journal Community Genet. 3(3), pages 185–192 .

The "Flight from Marriage" in South-East and East Asia Gavin Jones, Singapore (2011) .

Razack, Sherene H. (October 2004). "Imperilled muslim women, dangerous muslim men and civilised Europeans: legal and social responses to forced marriages" . Feminist Legal Studies ( Springer ) 12 (2): 129–174.

Fighting arranged marriage abuse Sue Lloyd-Roberts, BBC News (July 12, 1999)

Consanguineous marriage: Keeping it in the family - The Economist

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In This Article Expand or collapse the "in this article" section Marriage

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Marriage by Hina Azam LAST REVIEWED: 30 July 2014 LAST MODIFIED: 30 July 2014 DOI: 10.1093/obo/9780195390155-0202

A central feature of society and history, and a salient theme in religious discourse, marriage in Islam and in Muslim societies has been an enduring topic of academic investigation from a variety of disciplinary viewpoints. This article is divided into four sections, meant to reflect (though not exclusively or rigidly) four relatively distinct sets of approaches: religious studies, social sciences, law, and internal critique. The first section, Islamic Marriage Theory , covers marriage as envisioned in Islamic religious texts and discourses. The sources included in this section reflect or analyze the scriptural, exegetic, juristic, and exhortative traditions of Islam. The second section, Muslim History and Societies , addresses marriage as practiced in premodern and modern/contemporary Muslim societies and diasporic communities. The sources listed here are generally historical, anthropological, or sociological. The third section, Modern Legal Theory and Practice, treats marriage as legislated or implemented in legal systems around the world, in both majority Muslim and minority Muslim contexts. The final section, Contemporary Critiques and Reformist Views , highlights contemporary scholarship that either attempts to critique classical juristic formulations of Islamic marriage or that offers alternative visions of legitimate unions. All of the sources listed in this article are in English, although the subsection on Primary Texts in Translation lists available translations of classical Arabic primary texts that center on marriage. The most salient guideline for inclusion, besides scholarly significance and thematic relevance, is date: where more recent work is available on a particular topic, older work is often bypassed. Older publications have been included where their impact on the field merits continued familiarity or where they represent work in a little-studied area. The thematic concentration in this bibliography is on the processes of initiating, contracting, and conducting marital relations. Divorce and others means of dissolving a marriage are omitted from this review. The many publications that address issues of women, gender, and sexuality but that do not directly address marriage have generally been left aside as well. Inclusion of all those titles, or those on divorce/dissolution of marriage, would make this bibliography unmanageably large and would dilute its focus. In considering the field as a whole, one notes scholarly attention to certain themes. Marriage strategies and the role of elements such as kinship, age, socioeconomic status, and romantic love/individual preference are common themes. Focal points related to the contracting of marriage are dower/dowry negotiations, female legal capacity and the authority of guardians, and the inclusion of stipulations in marriage contracts. Scholarship on marital relations and the social aspects of marriage tends to center on domestic violence, temporary and informal marriages, and gender roles and hierarchies (such as expressed in ideals of seclusion or the practice of polygamy).

Islamic Marriage Theory

The sources included in this section treat marriage as envisioned in Islamic scriptural texts (the Qurʾan and the Hadith compilations) and religious discourses (i.e., juristic and didactic texts). The Qurʾan, Exegesis, and Hadiths lists work dealing directly with the Qurʾan and Hadiths, while the entries in Islamic Jurisprudence ( Fiqh ) and Religious Thought range further from the scriptural sources, addressing instead the ways in which classical Islamic scholarship interpreted those sources.

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Article Contents

1. introduction, the paradigm case, liminality: marriage practices in transition, 2. engaging the field, 3. focus group demographic characteristics, 4. integration: to register or not to register, 5. categories of nikah, 7. conclusion, acknowledgement.

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Modern Traditions in Muslim Marriage Practices, Exploring English Narratives

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Rajnaara C Akhtar, Modern Traditions in Muslim Marriage Practices, Exploring English Narratives, Oxford Journal of Law and Religion , Volume 7, Issue 3, October 2018, Pages 427–454, https://doi.org/10.1093/ojlr/rwy030

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Marriages formed by religious ceremonies which are not legally recognized are often cited as synonymous with unregistered Muslim marriages. The conceived illegitimacy of such unions and the need for legal interventions has been raised in political discourse in the UK, as such marriages are deemed to counter women’s rights and wider legal and cultural norms. The recent independent review into the application of sharia law in England and Wales in particular brought the issue of legal reform to the fore. This article uses the concept of liminality to argue that these relationships may in fact indicate signs of integration, not isolation. Liminality is employed here to signify a process of transition from one set of cultural norms to another, and unregistered religious-only marriages in this theoretical framework represent a transition from state recognized unions, towards the widely accepted cultural norm of cohabitation. This new cultural practice remains in flux. This article draws on empirical research seeking to explore ‘English narratives’ where Muslim marriage practices are concerned. Focus group discussions and discourse analysis methodology are utilized to explore marriage practices in order to ascertain emerging norms and the perceived need or otherwise to register marriages with the state. These narratives are key to understanding the trend towards unregistered marriages. This article explores two key thematic areas which emerged in this research, namely, (i) integration: to register or not to register; and (ii) categories of Nikah .

In its 2015 scoping exercise, the Law Commission for England and Wales defined ‘religious-only’ marriages as a marriage ‘formed by a religious ceremony not recognized as legally valid’. 1 This form of marriage is most often portrayed in current literature as synonymous with Muslim marriage practices and is described as a burgeoning trend. 2 ‘Unregistered’ 3 Muslim marriages are seen in all jurisdictions, whether Muslim citizens form the minority or indeed the majority. 4 However, while in Muslim majority states they remain exceptional, in Muslim minority contexts research suggests that they may account for the majority of Muslim marriages. In the most recent and extensive survey of its kinds, True Vision Aire and Channel 4 commissioned a survey of 903 Muslim women during 2016–17, and found 60 per cent of the respondents were in religious-only marriages. 5

Questions over the legal status of these marriages arise due to non-compliance with formal marriage requirements. In England and Wales, the Marriage Act 1949 requires marriages to be preceded by a period of 28 days’ notice, celebrated in a particular location 6 and conducted in the presence of designated officials. 7 In contrast, the Nikah (Muslim marriage ceremony) can occur anywhere, at anytime; with no specific ceremony, usually, although not exclusively, in the presence of witnesses. The couple involved may ponder on the legalities of their marriage at various points in time: prior to the religious ceremony, following the celebrations, at key points during ‘married’ life, or upon breakdown of the relationship. The discourse around the need or otherwise to undergo a legally recognised ceremony of marriage will differ according to the point in the relationship, and the associated priorities.

Sharp focus on the outcome of such relationships has been drawn by the recently published ‘Siddique Report,’ 8 an independent review into the application of sharia law in England and Wales. Amongst the recommendations were changes to the Marriage Act 1949 and Matrimonial Causes Act 1973 to ‘ensure civil marriages are conducted’ and included suggested reforms whereby ‘the celebrant of specified marriages, including Islamic marriages, would face penalties should they fail to ensure the marriage is also civilly registered. This would make it a legal requirement for an Islamic marriage to be civilly registered before or at the same time as the Islamic ceremony.’ 9 Such invasive changes to the law should be approached cautiously in the absence of extensive empirical research into marriage practices within Muslim communities, including a better understanding of the motivations of couples who opt out of formal recognition.

This paper serves to provide some evidences of the complexity of the issue, presenting an exploration of the narratives emerging in discourse between Muslims within the UK, and placing this within its wider cultural context. This range of voices is often missing in political and media discourse on the issue, both of which, as demonstrated by the Siddiqui report, are often preoccupied with the singular paradigm case of disadvantaged Muslim women whose rights are being usurped by a legal system which does not recognise religious marriages. However, examining the discourse of individuals whose relationships have not broken down is imperative to understanding this issue in a more universal way. This allows for engagement with narratives around marriage practices and potential motivations for religious-only marriages, understanding of the legal system and its function in upholding family ties, and the emerging cultural norms evident in the marriage practices of Muslims living in England and Wales.

A key issue is whether religious-only marriages display signs of isolation, or whether they in fact display signs of ‘integration’. Focussing on wider social norms and practices pertaining to relationships and family arrangements, statistics indicate that informal family arrangements are becoming increasingly prevalent in both the UK and wider European jurisdictions. 10 How do such ‘post-modern’ relationship types impact on religious-only marriages? This paper analyses the concept of liminality 11 as the underpinning theoretical paradigm to test the argument that religious-only marriages are a sign of cultural transition for British Muslims. In legal terms, a religious-only marriage is treated as cohabitation. These arguments will be built around the ‘interpretative repertoires’ or thematic issues of discussion which arose from empirical research undertaken in the form of two focus groups. The themes are (1) integration: to register or not to register, and (2) categories of Nikah (the Muslim ceremony of marriage).

‘Religious-only’ marriages are not a new phenomenon in the British context, 12 and modern unregistered marriages are prompted by a plurality of contextual realities. However, in political, media and practitioner led discourse, it is what I term the ‘paradigm case of unregistered marriages’ that is the main if not sole focus. 13 This is the case of the disadvantaged female spouse and empowered male bread-winning spouse, which results in the ‘wife’ being left homeless and penniless upon relationship breakdown. While this is a problematic issue, the paradigm case does not represent all unregistered marriages and there are in fact a myriad of underlying motivations for and forms of, religious-only marriages which will be discussed at appropriate points throughout this paper.

Previous research 14 indicates that ‘religious-only’ marriages are largely inspired by a desire on the part of observant Muslims to adhere to normative Islamic religious principles in entering a physically intimate relationship. Therefore, the ability to enter into a religious-only marriage is synonymous with the ‘right’ to enter into a sexual relationship. The absence of the Nikah (the Muslim ceremony of marriage) results in such a relationship being considered sinful. However, those who enter unregistered marriages do not display a homogenous group identity, much like its closest associated relationship type – the cohabiting couple. Further, women in religious-only marriages mirror the difficulties faced by women in cohabiting relationships labouring under the mistaken assumption of legal protection. In the case of England and Wales, there are limited rights available to them. 15 This gives rise to the question of how these practices are construed in wider society, and the core issue of whether religious-only marriages indicate signs of isolation or integration.

The theoretical framework underpinning this paper is the concept of ‘liminality’. While the roots of liminality are found in the ideas of rituals, 16 its transferral to political and cultural changes is of significance here. Anthropologist Arnold van Gennep’s seminal work on the area begins by deconstructing society into separate social groupings, and describing the passage and transition from one group identity to another as being separate and distinct for the sacred – rites of religious passage. 17 Thus, liminality in its van-Gennepian traditional sense is described as ‘being on the threshold’ in reference to the inner phase of a rite of passage which transfers a person from one stage in their life, to another. This idea of liminality serves to expound the basic premise of the concept of transition and Thomassen 18 further describes this process as being where rites mark the passage of an individual or social group from one status to another, rather than this simply being the result of the passage of time. The development of this concept has featured in theories of cultural change such as organizational culture in the work of Howard-Grenville et al, 19 and in illustrating the ‘transcultural dynamics’ of transmigrants, 20 to name but two.

The stages of liminality are described as three-phased; separation, margin (or limen ) 21 and aggregation. 22 Separation involves a detachment from the preexisting position or place in society, the limen phase entails a shift into a new realm which is unlike the previous state, as well as unlike the state to come, in other words it is the threshold of the transition and Turner describes this as ‘ambiguous’. 23 The final stage of aggregation brings about the transformed and changed person, who occupies a different place in society. Turner describes this phase as returning the person to a stable state once more, and by virtue of this, is expected to ‘behave in accordance with certain customary norms and ethical standards.’ 24 This liminality process can be reflective of cultural transitions. As attested by Thomassen, van Gennep ‘always insisted that individuals make choices and effect social situations in any kind of society.’ 25 Thus, it indicates a shift in practice, making sense of liminality as unfolding ‘social dramas’. 26 Changes in cultural practice have previously been linked to ‘jolts’ which give rise to ‘unsettled’ periods of time. 27 However, Howard-Grenville et al 28 propose that ‘intentional cultural change’ can occur in the absence of ‘initiating jolts’ when considering changing cultural practices within organisations, 29 and this can also be extended to social groups. This supports the assertion that culture is not static and that a change in culture can occur organically or in a positively engineered and structured way.

In a development of van Gennep’s theory beyond the study of ritual passages in small scale societies (and thereby, moving out of strict Anthropology), Victor Turner 30 describes the ‘experience of being betwixt and between’ referring to the ‘state’ of a person who is undergoing a transition or transformation, to include ‘physical, mental or emotional condition in which a person or group may be found at a particular time’. 31 Turner refers to transition as a process or a ‘becoming’ which culminates in a new state, taking a processual approach. 32 Thomassen describes Turner’s approach as broadening the application of liminality leading to parallels being drawn with modern societies instead of the specific ethnographic tribal context which van Gennep was concerned with. ‘Turner realized that ‘liminality’ served not only to identify the importance of in-between periods, but also to understand the human reactions to liminal experiences: the way in which personality was shaped by liminality, the sudden foregrounding of agency, and the sometimes dramatic tying together of thought and experience.’ 33 Transformation and transgression may not reach an end point however, and the state of ‘permanent liminality’ 34 is entirely possible. 35

In modern terms, a formal legally recognized marriages can be seen as a rite of passage in many contemporary societies, where the couple transition from individuals into a family partnership bringing with it a new identity. This paper is not, however, focussing on marriage itself as a rite of passage, but rather, the process and formalities of entering a marriage and the subsequent legal status of the relationship, and how this potentially evidences a process of transition and transformation in cultural practices of Muslims living in England and Wales. Thus, how has the process of undertaking a ceremony of marriage transformed in relation to how it is marked and celebrated and linked to the state, in light of wider cultural norms in England and Wales? And what does this indicate in terms of liminality as a process of change from marriage practices in cultures of origin to behaviours which reflect relationship norms in wider British society, thereby indicating a possible transition in practice to British cultural norms where family relationships are concerned.

Thommasen 36 sets out the various dimensions of liminality which can now be identified in subject, temporal and spatial terms. These relate to liminal experiences , and not the rites which were first linked to liminality, reflective of the evolution of the concept over the past 100 years and more. First, these can be related to three different types of subject (individual, social groups, whole societies); three different temporal dimensions (moments, periods of weeks/months/years, epochs (decades/generations)), and three spatial dimensions (specific places (a doorway), areas or zones, or countries/regions). This model can be utilized to map out a process of transition, with the subjects being individual Muslims as well as groups or communities of Muslims. The temporal dimensions of periods and epochs reflect the decades since mass migration from the Indian subcontinent in the 1960s and 1970s. The spatial dimensions are England and Wales as counties with an identifiable legal system and family laws. These demarcations are to an extent fluid, as there may be no absolute separation between the elements of each dimension. Bartley and Spoonley 37 evidence this fluidity in their study of East Asian migrant adolescents to New Zealand where they argue that ‘transmigrants’ 38 ‘engage in such patterns of intense contact and exchange between both sending and receiving societies (and perhaps others as well), the two fields actually merge, and create opportunities to pursue alternatives to the conventional path of settlement and “gradual but inevitable assimilation”’. 39

With this theoretical underpinning, this article will now analyse the data arising from empirical research undertaken in the city of Leicester with Muslim participants in two focus groups. The discussions presented fascinating snapshots of the complex negotiations that occur as Muslim individuals’ navigate the space between cultural norms, religious doctrine, family law and their various cultural identities. The focus groups were intended to elicit views, practices and opinions of Muslims on family law issues and gauge how the interrelatedness of law and private family life was viewed.

The empirical research conducted was intended to ascertain how views relating to marriage are reached and/or formulated, their basis in fact or subjective belief, and how views are articulated in terms of individual and group identity and notions of belonging. Participants were selected using convenience sampling technique. 40 The two focus groups were not limited to any particular age, gender or other socio-demographic profile. 41

When and where did you get married? (Individual question for each member)

What was important to you about the marriage ceremony that you had?

Did you think about whether your legal position would change following marriage? And do you think it should change?

In your opinion, is it important to register your marriage? Why is or isn’t it important?

The law requires certain formalities for a legal marriage—like going to a Register office—what, if anything, do you think should happen if those formalities aren’t fulfilled?

Some people think the law should equally control how everyone gets married and not treat any group of people differently—what is your view on this?

Is there anything else you would like to say about the process of getting married?

If things go wrong, who do you turn to? Would this differ depending on whether it was a registered or unregistered marriage?

These carefully constructed questions 42 enabled an in-depth exploration of the participants’ understanding of the legal position and the impact of entering a legal marriage, the factors which influence decision-making on these issues and general awareness about family law. The data in the form of transcripts was analysed using the discourse analysis methodologies of Conversation Analysis supplemented by Critical Discourse Analysis. 43

The use of discourse analysis here is reflective of the intensive as opposed to extensive nature of the empirical research. 44 The use of data from two focus groups in order to conceptualize notions of marriage and legalities adhere to the qualitative framework set out by Onwuegbuzie, Dickinson, Leech, and Zoran. 45 Focus groups enable access to the views of a number of participants simultaneously, 46 while also enabling discussion to ensue whereby participants can inform or challenge the views put forward by others. This is a flexible tool which can be used to analyse the emerging discourses in a range of social settings. Sensitivities around this research area are also overcome by this method, as focus groups provide ‘cohesiveness’ 47 and the sense of identification between participants gives rise to valuable data.

Utilizing Onwuegbuzie et al’s ‘micro-interlocutor analysis’, 48 the discourses within the focus groups were analysed. However, as a side note, of course discourse is not static, but rather continually evolving, even within the setting of a focus group where the opinions of some clearly impacted upon the views of others where there appeared to be a display of knowledge or perception of greater knowledge.

Conversation Analysis 49 was supplemented with Critical Discourse Analysis and an overlay of ‘generic’ 50 discourse analysis through the critiquing of the conversations and arguments in the context of legislative provisions of England and Wales in both official and unofficial texts, and the representations of academic scholars and social activists related to these provisions. These methods enabled me to identify interpretative repertoires from the focus group data, and draw conclusions based on the themes that arose within the conversations. Thus, two key thematic issues were identified, namely (i) integration: to register or not to register and (ii) categories of Nikah .

The demographic characteristics of the focus group participants can be found in Appendix 1 to this article. Focus group 1 clearly occupied an older demographic profile and displayed greater life experience which informed their opinions. Discussions around marriage and families were experiential, and for many, the practices of their children offered valuable intergenerational data. 51 Focus group 2 had a younger demographic profile, with 5 participants in their 20’s and 30’s. 52 Of all participants, only one was in a religious-only marriage.

‘The Nikah ceremony is much more important but that is not what we are talking about. I class myself as a British Muslim … I abide by Islamic Sharia law and I abide by British law and that is why I wanted both marriage ceremonies and I want it for my children. If I was living in an Islamic country then I would respect and adhere to that law of the land. I live here in England and so I live by the laws here. My day-to-day practices are governed by Islam and how I behave and how I bring up my children and my family life etc., but in terms of the wider world I live by English law and I feel very strongly that I could not imagine myself breaking the law of the land so why would I with marriage?’ 53

The issue of identity and integration go hand in hand. The focus group participants circled around the issue of identity and British-ness in a careful way. The statement above was strongly vocalized by a female participant, aged between 45 and 54 who has lived in Britain since birth; 54 she described herself as a ‘British Muslim’ and her religious practice as ‘understand religious duties, moderately practising’. In understanding these words, and those of other participants cited below, it is important to place them in both their context of the focus group environment and its aims of identifying Muslim marriage practices, and further to this, their co-text of the questions posed for discussion and the opinions of others. 55 Her opinion followed that of another female participant who stated in response to a discussion on whether the civil and religious marriage ceremonies go hand in hand:

‘The reason that I haven’t got an opinion is that I think that it is very much an individual couple’s choice and I think that we do not live in a country that is a Muslim country so Sharia law is not always enforceable and that is why a lot of people rely on the law of the land and you can understand why when these difficulties are happening.’ 56

The plurality of characteristics which vie for simultaneous priority in the internal discourses of individual Muslims but also between Muslims is evidenced by this account. In response to her statement, participant 1:1 was questioned by a fellow participant who asked ‘so are you saying that Shariah law is not strong enough to protect us’, 57 in apparent disagreement. To which she responded ‘no, that is not what I am saying’, which participant 1:6 concurred with. In agreement with her, a further participant added ‘I think that British law comes in because Shariah law is being abused by Muslims. It comes in to stop Muslims abusing sharia law.’ 58 Analysis of this exchange shed light on a fascinating narrative and counter-narrative on the place of religious laws in a secular state of which Muslims are citizens. It also revealed the internal conflict which seemed to be taking place between recognition of the dominance of state laws, and the spiritual loyalty towards ideals of religious doctrine, whereby sensibilities about adhering to the law of the land were easily undermined or at least questioned by one member of the group who believed Shariah laws were sufficient to provide protections for couples choosing not to have a state-recognized marriage. It is interesting that none of the participants attempted to critique the notion that Sharia law is ‘strong enough’ to provide protection, nor to cite any evidences supporting the contention that problematic and patriarchal applications of religious laws perhaps lead to the most criticism of Islamic religious doctrine. These obvious rebuttals were not something any of those advocating adherence to English laws felt able to contend, and instead, defensively responded in the negative despite the apparent contradiction that then arose between this statement and their previous assertion. If the framework of liminality is applied here, this evidences the liminality process as described by van Gennep, whereby individuals and groups have separated from the pre-existing practice (perhaps in the land of origin) and are within the margin or liminal phase transitioning between accepted religious norms and state practice, where to a large extent they remain in flux. Here, the transition is in process, however, tensions can be seen in its negotiations with religious ideals.

A. Shariah Councils as an Alternative

The reference to ‘abusing Shariah law’ by one participant, in the co-text of the discourse, was in relation to the use of dispute resolution forums such as Shariah Councils 59 in a manner which empowered the men, while women were expected to follow long-winded procedures to convince a panel of ‘elders’ of the legitimacy of their claim to divorce. This ‘abuse’ of religious doctrine was something British legal norms were deemed to safeguard women against. The Siddique report makes specific reference to Muslim women pursuing religious divorces seeking redress from such informal religious bodies as Shariah Councils, and calls for the phasing out of Shariah Councils, by compelling formal registration of marriage. 60 It is noteworthy that it is not religious laws per se , but rather their application that this participant took issue with, and the safeguards within the national legal system against such abuses would therefore be transparency, non-discrimination and fair representation. Ahmed and Norton echo these concerns for vulnerable women, stating that religious tribunals can potentially issue rulings which are inconsistent with English family law, 61 however conversely, they also acknowledge that these forums can assist vulnerable religious women by providing a way out of their failed marriages. 62 Inconsistency with English law pertains to issues of non-discrimination.

Another potential positive input by Shariah Councils, as identified by Jackson and O’Sullivan within this scenario, is that they can give rise to the payment of maintenance, which the non-recognition of the marriage by the state legal system negates. They would rely on Shariah law provisions which require financial provision by the husbands for certain types of religious divorces. Islamic law requires the payment of 3 months maintenance to the wife before the divorce is finalized, and if she is pregnant, then maintenance continues throughout the pregnancy and post-birth period until the baby is no longer breast-feeding. 63 It should be noted that enforcement of such provisions is reliant solely on the husband’s will and community pressures within this informal system.

This evidences the potential access to maintenance, albeit ultimately unenforceable, which Muslim women may have recourse to if no state family law avenue is availed to them. Ali also contends that Shariah Councils provide women in ‘limping marriages’ a way out, 64 as they provide a forum where she can access a divorce which is otherwise deemed unattainable. Ahmed and Norton concur with Ali, and further add that religious tribunals can enhance the welfare of vulnerable persons (and that they sometimes harm religious freedom rather than enhancing it). 65

B. Choice versus Compulsion

‘It is very clear that you should not be compelled to do anything, you should make an independent decision, your choice about who you marry and how you marry, civilly or not. When you are not married you don’t know much about this stuff at all really. Maybe informing people about this would be useful allowing them to make a proper and informed choice, but certainly not compelling them, it doesn’t sound reasonable.’ 66

This discourse was couched in terms of choice and inclined against compulsion, in recognition of wider accepted rights in society to construct relationships as individuals see fit. This further supports the notion that liminality is in play as the same choices would not be the cultural norms in lands of origin. Thus, this view point is a reflection of transitional cultural norms and a process of adaptation where relationship parameters are concerned. The Siddique Report’s recommendations can be criticized for failing to take account of this autonomy.

In group 2, a discussion ensued about the legality of a Nikah -only marriage, revealing what is probably an unsurprising lack of clear understanding of the issue, despite the level of educational attainment of the group overall. Through the course of the conversation, misconceptions were addressed as participants answered each others’ questions. Individual experiences played a significant role in perceptions and beliefs.

‘Youngsters believe that if they have had their Nikah done, the mosque, their papers signed etc then they don’t have to have their civil marriage done. I faced the same scenario, I had my Nikah done and I was told that was it, but no it has no standing at all.’ 67

The younger demographic profile of this group resulted in different dynamics. The groups’ narratives were couched more in terms of ‘choice’, ‘independent decision’, ‘informed decision’, ‘shouldn’t be forced to do it’ [register your marriage], ‘protection for women’. This again reflects a transitioning of acceptable and expected cultural norms. However, it was clear that knowledge about the reality of that ‘choice’ in the form of legal repercussions was not evident in the majority of the participants. The outcome of a marriage not being recognised is that when the marriage breaks down, through death or divorce, there are potentially dire financial consequences. 68 The unregistered spouse will not be considered as next of kin, and on divorce the courts cannot make any financial provision order, leaving any vulnerable economically dependent spouse without a remedy except through expensive civil law proceedings. 69 Thus giving rise to our paradigm case of unregistered marriages.

One of the participants who disagreed with the majority stated:

‘so if you are put in a situation where you are told that you have to have a civil marriage done - well that is protecting you; in the eyes of the law you are being told to do something that is protecting you and you are going to have your legal rights in the same way that if you want to get married Islamically you have to have a Nikah done. So, are you compelled to have a Nikah done? …. I think that not everyone is fortunate enough to have an educated background or an upbringing in that respect, and people don’t know, like this lady is saying that she didn’t have that legal background and she had so many problems, whereas had she been forced to have a civil ceremony when she had her Nikah done she would not be in this situation now. So, we may agree to disagree but I think it is important to be aware and it is important maybe to be forced to go down that route.’ 70

This participant argued against the freedom to choose, over compelled formal registration on the basis that it would provide protection and prevent the harms described by others. On the other hand, the rest of the group disagreed, for a variety of reasons. One participant questioned that state’s involvement in what he termed ‘civilian life’ where certain terms were perceived to be dictated by the state, where he was of the opinion that they should fall within the private ‘civilian’ domain. 71 This idea of marriage as either a ‘public affair’ or a ‘private affair’ is a dichotomy that has historically marred marriage laws. 72 In the interests of parity with other religious groups, one participant’s view was that ‘everybody’s religious ceremonies should be considered legally binding’. 73 While she did not cite the religious groups being referred to, only Anglicans benefit from a purely religious marriage ceremony with state recognition. 74 Yet others in both groups also disagreed with this position, citing pragmatic difficulties in incorporating a wide range of different processes.

‘I feel that as we live here, we still have to abide by the law of the land and you can’t expect them to take into consideration everyone’s faiths. I don’t think that it is practical.’ 75 This was supported by another, who recognised the complexities of translating multitudes of religious laws into a workable set of legislation. 76 ‘I think that one law for me is quiet alright’ , 77 stated one, while another opined that having one set of laws regulating everyone simply made things a lot ‘easier’ . 78

To the exclusion of those who may suffer under the misconception that their religious marriage is valid and recognized by the state, the fact remains that all the other (no doubt majority) of couples ‘never intended to formally marry when they undertook the Nikah ’, and therefore any suggestion that they should nonetheless be covered by the law is deeply problematic. As pointed out by Probert regarding cohabitees, ‘it is one thing to relieve the unequal impact of the relationship, but quite another to treat the parties as if they actually had married’. 79 Further to this, the challenging nature of such accommodation has been identified by numerous academics, and Ali takes the position that ‘acceding to the demands for accommodating diverse religious and cultural traditions is a slippery slope, since the ingredients of this accommodation are contested, undefined and boundaryless’. 80 The difficulties and confusion that recognition would potentially give rise to are self-explanatory. Furthermore, the European Court of Human Rights affirmed in the cases of Munoz Dias v Spain 81 and Serife Yegit v Turkey 82 that civil marriages are available to all people irrespective of their religious or other beliefs and practices, therefore there was no discrimination in a lack of recognition of the Roma and Islamic marriages respectively in these cases.

C. Cohabitation

A religious-only marriage is the functional equivalent of cohabitation, which is a growing trend within the dominant cultures in England and Wales. 83 The message being advocated by this cultural practice is that family relationships outside of the state’s domain are perfectly acceptable. As stated by participant 1:7, ‘half of the country is [living together] without a civil ceremony and they accept it and are accepted and go on … .’ His words referred to the acceptability of informal relationships in wider society, of which Muslims form a part. This admission is reflective of the process of liminal transition whereby the legal effect of the religious-only marriage is being analogized with cohabitation, although no discussion was entered on how couples would feel being described at cohabitants. The significance attached to the civil ceremony, where it did occur, was largely absent. ‘It was just literally ticking a law box. Something my family said needed to be done.’ 84

This dominant message of society’s acceptance of cohabitation outside legal domains is being internalized, and coupled with normative religious dictates necessitating performance of the Nikah , which remains unrecognized by the state, Muslim couples are displaying a process of internalization, adaptation, and integration. Where marriage is concerned, there is a transitioning process taking place. However, the outcome of the relationship may look and feel very different to cohabitation, as the Nikah imbues Muslim community legitimacy upon the relationship and the couple will very much consider themselves ‘married’, as was evidenced within the focus group discussion. The purpose of that marriage is not recognition by the state, but rather recognition by God, and thereby the communities in which the couples live. It should be noted that cohabitation may be a commonly occurring practice, however, it raises all of the same issues with regards to legal protection as unregistered marriages. Both Haskey 85 and Barlow et al 86 found that the prevalence of public attitudes reflecting a belief that ‘common law’ spouses are protected by law stands at around 50 per cent. Similarly, some Muslim couples in unregistered marriages seem to labour under the same misconceptions. Therefore, suggestions that legal reform is required to remedy the situation of Muslim women in religious-only marriages, while cohabitees are left without the same consideration is deeply problematic.

The emergence of religious-only marriages and their ostensible popularity in the present day is not unlike the trajectory of cohabitation, and attracts some of the same responses in law and politics. 87 Probert drew the conclusion that modern levels of cohabitation, seen from the latter part of the 20th century, are historically unprecedented. 88 Muslims living in Muslim-majority states do not have the same cultural liberties to enter a non-state recognized marriage. 89 These states have their own sets of marriage formalities, and of course the Nikah will form an integral part of it. However, unregistered marriages are still possible, though largely prohibited. Therefore, the presentation of religious-only marriages in places like England and Wales cannot be linked back to lands of ethnic origin.

The ‘sending’ society norms can be termed normative religious influences prescribing a Nikah ceremony for marriage, while the receiving state norms are the relationship practices in wider British society which include cohabitation, and it is the navigation between the two which gives rise to religious-only marriages. These relationships retain the appearance of the marriages of the sending state and the cohabitation of the receiving state, and thus encapsulate a transitional relationship form which reflects attachment to cultural norms of both places. This is analogous to Glick-Schiller and Basch’s proposition that transmigrants live simultaneously in the sending and receiving locations, being neither here nor there in the absolute sense, with this unlikely to change in future. 90 While British Muslims will often not be transmigrants, religious-only marriages are similarly neither here nor there: neither a state-recognized Nikah nor simply cohabitation. In liminality discourse, Turner suggests that the process of liminality in modern times is not seen in ‘central political’ processes, rather existing on the margins and in plural forms. 91 This supports the argument that it is a process of liminality, which encapsulates the religious-only marriages phenomenon as this has largely occupied the private space of relationships, and family arrangements which the state has not been privy to.

D. Marriage in Another Form

This gives rise to a very important dichotomy. Are religious-only marriages cohabitation ‘by another name’, or are they in fact ‘marriage in another form’? I argue that they are in fact ‘marriage in another form’, as couples self-identify as married and enter into the relationship via religiously accepted rites, yet they do not benefit from state recognition for lack of adherence to the requisite formalities within the Marriage Act 1949. Thus, they adhere to notions of liminality, evidencing a transition from cultures of origin and from wider British cultural norms, leading to the adaptation of a relationship norm which evidences the fusion of both of these different practices.

Further evidences of ‘marriage in another form’ are substantiated by the manner of celebration of the nuptials, and previous research has indicated that the form of ceremonies are very much aligned with widely accepted customs. 92 Therefore, wedding parties are celebrated with pomp and grandeur, in some instances costing many thousands of pounds and celebrated with hundreds of friends and family members. 93 These weddings bear all the hallmarks of a state-recognized marriage, yet the lack of adherence to the formalities leave them beyond the state’s purview. A further distinction is that cohabitees do not undergo any formalities at all although some may have gone through some form of commitment ceremony. The latter does not have public recognition and by the very nature of the relationship, there is no paperwork. In contrast, the unregistered marriage does have public recognition, at least within Muslim communities, and the Nikah contract is in written form.

Probert’s 94 earlier work on void and non-marriages identified the problematic nature of religious marriages which fail to conform to state formalities. ‘It is purporting to be a marriage, in following the rituals prescribed by an external source, rather than being intended as an alternative to marriage. It is believed by all concerned to create a valid marriage. For these reasons it seems inappropriate that it should be treated as a non-marriage.’ 95 However, despite this, it is indeed often classed as a non-marriage. The idea of ‘marriage in another form’ does however raise interesting questions relating to obligations, specifically, whether the form of the relationship should impact on the issue of obligations. Douglas explored the link between obligations and commitment within the family, in a critique of the state’s imposition of obligations within the family only in the instance of commitment via the medium of a formal marriage. 96 The question posed to the unregistered couple is: whether the nature of their relationship, and its recognition as a marriage by their communities should give rise to the obligations which the state imposes on recognized married couples by virtue of their commitment evidenced by the marriage. Douglas acknowledges that ‘social norms and understandings of family relationships are becoming more contested as family forms and modes of behaviour become more diverse. It becomes more difficult to agree on the content of the obligation, on whom it is to be imposed and to whom it is owed’. 97 Here, the obligation is to financial maintenance, which historically was imposed on the male ‘head of the household’. A more gender-neutral approach is seen within the Matrimonial Causes Act 1973. Of course, the obligations only arise on the actual breakdown of the marriage, in other words, when the commitment made through the formal marriage ceases to exist. Douglas clearly identified this apparent incongruity.

In a further exploration of the theme of commitment and obligation, the question of how the issue of moral commitment made on the basis of religious and spiritual values impacts on the notion of obligations arises. Studies in non-legal fields have found that perceptions of commitment within a marital relationship can be related to religious beliefs 98 and termed as moral commitments. 99 In the case of Muslims, one respondent within the focus groups stated that the Nikah was a ‘covenant’ and therefore ‘something that is huge … it is spiritual and meaningful’. 100 He continued in reference to his civil marriage ceremony:

‘It is difficult because in those situations where you are thinking about civil marriage and you are going through the process for example, it feels like a state intrusion into civilian life. … . I felt like the state [were] being very intrusive, I thought God, I am having to sit here and say these words when really, they have got nothing to do with my marriage. Why on earth is the state getting involved in something that is civilian.’[ sic .]

This was a deeply revealing disclosure of the extent of the personal and spiritual nature of marriage to this participant. The involvement of the state was felt to be an infringement on what he views as his private personal life. However, this can be challenged, as the very nature of the obligations deemed to arise through the relationship, whether religious or state recognized in nature, require enforcement. Thus, ‘privacy’ becomes illusory, and state apparatus or indeed religious forums such as Shariah Councils, become involved. Further to this, the very nature of the Nikah within Islamic traditions challenges this participant’s ideals, as it is viewed as a civil contract. 101

E. Illegitimacy of Children

The legal significance of non-registration are broad, and when asked, the Focus group discussions raised a number of issues: immigration ( ‘My wife is not from the EU, so if my marriage was not legal we would not be together’ 102 ), financial implication in the form of shared assets during marriage, and shared assets upon breakdown, safeguards in the instance that ‘things go wrong’, 103 inheritance (‘it is not just about divorce. Anything can happen’ 104 ). One particularly striking issue raised in both groups was the issue of the ‘legitimacy’ of children (‘what rights do you have over your own children’ 105 ), although this is in actual fact largely irrelevant as far as legalities are concerned.

‘ … what status am I giving my children? After the civil ceremony my children are legitimate because otherwise they are cast as illegitimate children … . and I wouldn’t want that for my children.’ 106 ‘At least if the civil marriage takes place, you know that if there are children involved then everything will be done properly … .’ 107

The legal position of children is unaffected by the marital status of their parents. Historically, the Inheritance (Provision for Family and Dependents) Act 1975, Family Law Reform Act 1987 and the Children Act 1989 had a profound impact on the issue of legitimacy of children and consequent legal implications, and the change in law in the UK was the culmination of a major shift in family arrangements witnessed from the latter decades of the 20th century onwards. Children of non-married parents gained the right of inheritance.

The rise in the number of children born out of wedlock from the 1970s onwards are described by Haskey 108 as an inevitable result of social changes which began in the 1920s, 109 and was facilitated by more readily available birth control devices from the 1960s. 110 Today, ‘almost half 111 of all children in England and Wales are born outside marriage, with cohabiting relationships accounting for the majority of such births’. 112 The issue of illegitimacy was closely linked to societal expectations, and this makes the references to legitimacy within the focus groups very interesting for the simple reason that there is no question of illegitimacy within the Islamic traditions where the marriage is religious-only. Thus, the concern here is very much the state and its perception of the children born to these couples. The participants were clearly concerned about children being deemed illegitimate and the (erroneous) perceptions of negative outcomes of such a categorization. This indicates signs of integration rather than separation, as the view of the state was deemed to be highly significant. There was a stark contrast between the lesser concerns for the law’s recognition of the marriage, compared with the law’s recognition of the children.

F. Transition and Navigation

Referring back to the work of Thomassen, ‘there are degrees of liminality, and … the degree depends on the extent to which liminal experience can be weighed against persisting structures.’ 113 He links this to Szakolczai’s 114 premise that the convergence of individual and ‘civilizational’ liminality leads to an intense impact on the subject. Applying this to the case at hand, Muslim communities within Britain cannot be treated as a single defined homogenous entity and the data gathered in this research supports the argument that Muslims are undergoing individual and group liminal experiences as cultures become more aligned, towards transitional cultural norms. In particular, liminality ‘represents a possibility for a cultural hybridity that entertains difference without an assumed or imposed hierarchy’. 115 British Muslims are not like the neophytes described by Turner, being here physically but not socially. Rather, with entrenched generations, they are part of wider society, perhaps with some differing practices based on normative religious influences. However, shared language, shared education, and shared social priorities with wider British society means there is less that separates than connects. The idea of liminality as a process to describe the flux which Muslims find themselves in regarding marriage and family practices is entirely appropriate, and it is wholly plausible that this will remain ‘permanent’ as migration is a continual process with no cut off point. Therefore, Muslim communities are always changing and adapting. This is reminiscent of Szakolczai’s view that modernity itself is in ‘permanent liminality’. 116

The interpretative repertoire from the data led to the identification of the second theme ‘categories of Nikah .’ This is a broad term, encompassing the celebration of marriage, the form of the ceremony, as well as the public/private division pertaining to the performance of the marriage. In this part, the focus shall be upon norms in wedding celebrations, taking account of the manner and form of wedding celebrations undertaken by the participants. This is supplemented by an initial overview of some potential motivations for unregistered marriages which present a complex contextual analysis of the phenomena.

Based on existing empirical research, as well as anecdotal evidences, we will briefly turn to the following non-exhaustive list of motivations which precipitate a Nikah : fledgling love, temporary marriage, priorities and lacking paperwork. While a limited amount of empirical research has been conducted on the motivations for entering an unregistered marriage, extensive observations and anecdotal evidences and reports in media such as online chat forums, online news archives and lifestyle magazines can be drawn upon to evidence the diverse range of practices which seem to be emerging.

Firstly, the category of fledgling love refers to Muslim youth and the transition towards British cultural relationship norms. Here, teenagers and young adults wishing to begin physical and emotional relationship similar to that of their peers enter a Nikah , which is not intended to be a formally recognized marriage in their communities. A religious-only marriage allows them to venture into this relationship without undermining their religious beliefs. Online chat forums evidence this, and in one thread, a teenage girl lays bare her struggle with a boy she has been dating for 2 years and has already had sexual intercourse with. She confesses her ‘sin’ and speaks of redemption through a Nikah which would mean that all future such relations would be deemed permissible. 117 Such relationships attest to the use of Nikah as a bridging method which enables a couple to have a relationship while adhering to normative religious doctrine—liminality in process. However, the usual custom of living together following marriage is being eschewed, and seems reflective of a normative cultural practice in the UK of teenage relationships. This relationship type is clearly not being envisaged by the Siddique Report, as implementation of compulsory registration of Nikah would compel these young couples to formally marry while very young, or indeed undermine the very possibility of them entering into a relationship at this age.

Moving on to the normative practice of temporary marriages, the acceptance of such arrangements differs according to religious doctrine, and seismic differences exist between Shi’a and Sunni 118 jurisprudence on the issue. Temporary marriages, or Nikah mut’ah 119 are accepted within Shia jurisprudence, while urfi 120 or ‘customary’ marriages are accepted within Sunni jurisprudence, both being unofficial. In a report by the BBC in 2013, the use of mut’ah was described as allowing the couple to meet without breaking the ‘bounds’ of Islamic law. ‘We both wanted to date, to go out for dinner or go shopping and just get to know each other better before getting married, which we wouldn’t have been able to do otherwise’. 121 It is very much described as a bridge between traditional normative religious influences, and contemporary European cultural norms. Urfi marriages differ to Mut’ah marriages, being characterized by their informality rather than their temporary nature. Urfi marriages are entered into with a view to being permanent, but the fact they are not registered with any state authorities gives the couple flexibility in how and when the marriage is ended. 122

Not all Nikah -only marriages have such variable outcomes, and many couples intend to continue in a lasting and enduring relationship. ‘Trial relationships’ may be the first step, wherein the couple will enter a religious marriage prior to committing for life, much like an ‘engagement’ but without being official. Mehvash and Saad, 123 an American couple who met through an online Muslim matrimonial site, dated prior to getting married with a clear view to getting to know each other to ascertain whether they did indeed wish to marry. Saad commented that ‘There are people that don't even believe in dating, but with modern Muslim couples that's how it typically works these days.’ Mehvash added: ‘but at the same time because we've been born and raised in western society, we mix it up … but we're still maintaining those values’. This interplay between religious values and ‘western’ cultural norms are a persistent theme for young people and relationships in a process of transition.

Moving on to priorities, an earlier research project revealed that the most widespread reason cited for not registering their marriage was practical conveniences, priorities and the demands on time. 124 While the marriages under question ranged in expenditure between a few hundred pounds to £35,000, for most of the individuals, busy arranging extensive celebrations of the Nikah with friends, family and loved ones, the need to give legal effect to the relationship was simply one formality that was not a priority. For most of these individuals, adhering to normative religious doctrine was the priority. In these instances, compulsory registration may be helpful in achieving a change in practice.

Finally, there are those who arrive within the jurisdiction without adequate paperwork to prove their identity, and who thereby face problems in satisfying the legal formalities in evidencing their identity, age, and eligibility to marry. Refugees and asylum seekers are the most obvious candidates for this pathway into a religious-only marriage.

It can be argued that religious-only marriages offer a solution to a wide range of challenges, which may be faced by Muslims wishing to enter a personal intimate relationship. For some, a Nikah may present a solution to the problem faced by young people who wish to date, but require a resolution which adheres to religious doctrine. While the issue of temporary marriages are hotly contested, this practice reflects the emergence of cultural norms of some of Britain’s younger Muslim citizens, whose cultural practices pertaining to relationships are far more reflective of the norms of their peers regardless of religious affiliation. However, these are often secretive suggesting an additional conflict with accepted community and religious norms of the elder generations. Thus, the choices are very individualistic, and these are collectively effecting social change, as attested to by Thomassen in his analysis of van Gennep. 125 Thus, the decisions being made are by individuals rather than communities. However, evidence also suggests there is a transition in community norms, and the recent survey of 903 Muslim women intended to decipher the rate of unregistered marriages found that 60 per cent of women surveyed were in religious-only marriages. 126 This indicates a shift in practice, making sense of liminality as unfolding ‘social dramas’. 127

Of course there are those who deliberately and unapologetically engage in religious-only marriages, fully cognisant of the outcomes when the eventual breakdown through divorce or death occurs. The motivations can range from the desire to protect wealth, the lack of priority for formalizing the marriage, a lack of conviction in the need for a formal recognized marriage, and a desire to maintain their relationship in the private non-state sphere.

A. Celebrating the Big Day

Of those who enter marriages which are either religious-only or adhering to legal formalities, there are a range of priorities in their celebrations. The only global norm where weddings are concerned seems to be the public nature of the celebrations. In order to benefit from the rights of marriage, there is a perceived need to proclaim your status before throngs of witnesses. All participants in both focus groups publicly celebrated their nuptials and all were preceded or followed by formal legal ceremonies, bar one, which at the time was still in progress. This can be contrasted with the statements made by Coleridge J in the case of Burns v Burns 128 wherein he refers to the ‘the photographer, the marquee and the disco’ 129 as being hallmarks of a wedding reception. Such ‘hallmarks’ are a global cultural phenomenon, and while the order of priorities may be different, Muslim marriage celebrations are no different, while customs and cultures may differ. 130 Thus, marching bands, photography, music and a DJ, tiered wedding cakes, dancing, speeches, were all part of the wedding celebrations of participants in an earlier empirical study. 131

In response to the question ‘what was important to you about the marriage ceremony that you had?’, an interesting dimension was offered by participant 1:5, who stated immediately:

‘I guess the most important thing for all of us Asians is the presence of the family and as I see all of us Muslims here, then obviously the religious aspect of it comes into it as well …. the Islamic aspect as well as the traditional family aspect-making sure that close family are all involved and attending.’ 132

This participant put forward a view which he deemed was reflective of the entire group’s position, based on the identities of ‘Asian’ and ‘Muslim’, whereby he concluded that Asian families have large weddings and being Muslim results in the prioritization of the religious dimension. This was followed by female participant 1:7 who agreed, but clearly distanced community norms from her own preference, stating ‘I think that if I had it my way, it would have been just the immediate family and that’s it’. She stated that her wedding was bigger than she wanted, and that she would have been happy with 30 guests, but instead there were 300 present. This tension between so called ‘Asian’ norms and the participants own desire, reflective of wedding celebrations in the UK, evidences a transition in the manner of celebration.

Participant 1: 6 told a very interesting story:

‘My circumstances were very different, so I had my Nikah done but I wasn’t 18 for another month and I had to wait a month before I could have my civil ceremony but then that was a job because my parents had my passport and they were going to take me to India [to get married] so the threat was always there until I got legally married … For me, my civil ceremony was very important, it made me feel safe.’

Thus, in this situation, the civil marriage ceremony was pivotal to the participant safeguarding herself from potential abduction and/or forced marriage. This use of the civil ceremony as a protective mechanism revealed a different dimension to the proceedings.

The tensions around the wedding celebrations were made apparent by other participants, with 1:8 attempting to shed some light on the intergenerational conflict and lack of agreement on priorities. She stated that her wedding was ‘quite big’ but in those days that was the norm. While acknowledging that celebrations have been ‘cut down’, she still placed a great deal of value on the wedding as a ‘time to get together as a family and share in that special moment with them’ as a rationalization for wanting to invite distant relatives to her son’s forthcoming nuptials. He, on the other hand, could not understand the need to invite ‘so-and-so’s uncle [who] we haven’t ever seen’. She went on to explain that the wedding was a special day for her (as mother of the groom) and for the relatives, not just for the couple being married, reflecting on particular family values which may not be shared across the generations.

Participant 1:6 had a different experience with her wedding, as her family did not approve and so she felt that she was deprived of the presence of loved ones at her wedding, with only 30 people present, which also led to a deeper appreciation of that aspect of the celebrations. Participant 1:4 on the other hand had 10 guests present, and stated clearly that the priority for her was the religious obligation and so only ‘close and important’ people were present.

The transnational dimension of many Muslim families was brought to the fore by participant 1:5, and following on from his earlier comments, he elaborated that his wedding consisting of 750 people in Pakistan included a lot of extended family members who he met as a ‘once in a lifetime opportunity’ as weddings were deemed to be that one occasion when everyone would come together to celebrate. He ended by stating ‘I have not seen 90% of those people since’.

This discussion around priorities where wedding celebrations are concerned clearly focussed on family presence and the fulfilment of religious obligations. Only participant 1:1 mentioned the civil ceremony, which was only attended by herself, her husband and 6–7 other guests:

‘Even though that was really small, we started saying the vows and that meant so much to me and they were really important to me because you don’t get that at the religious ceremony, you are just answering questions …”do you want to marry this man”. That was really important to me and a little bit more meaningful in what we were promising each other.’

This reflection on the vows was an interesting admission, as the Nikah ceremony simply requires affirmation of marriage by the bride and groom to the other. This was also in contrast to the participant 2:3 who asserted the exact opposite sentiment about his civil ceremony, evidencing a plurality of views.

Within Focus Group 2, the general consensus was that the priority for the wedding celebration was the Nikah . This was followed closely by the presence of the bride and groom’s family members. Everything else was described as ‘paraphernalia’ (participant 2:3). Participant 2:2 described the ‘push away from the ethnic cultural norms as a bride’ which allowed her to prioritize her own wishes relating to her choice of wedding dress and order of events. Tensions were apparently due to conflicting expectations of parents and other family members, however, the very fact of the assertion of the right and freedom to observe certain practices at weddings can of itself be said to be reflective of transitional cultural norms.

Related to this, participant 2:6 described her identity as a British Muslim as a key part of her wedding where dress was concerned:

‘.I consider myself British. Even in terms of picking the wedding outfit- I got married in a white wedding dress but according to Islamic principles; I was fully covered, I was wearing a hijab but for me that was quite an important thing because I felt that my identity was more British.’

Both of these female participants fall within the 25–34 age category, and having been married for 4 and 7 years, it is possible that their views are more strongly influenced by a British cultural identity converging with religious values.

Participant 2:5 described herself as a ‘bit different’ as she grew up in Britain but with strong ties to her Indian heritage. She married in a traditional red saree as this was her mother’s wish, and she adheres to Indian cultural traditions in keeping with her family norm. However, she describes her father as ‘an educated man’ which prompted her civil ceremony taking place 3 months before the religious ceremony in recognition of the lack of legal status of the religious ceremony, thereby resulting in that occupying its own position of priority over the normative religious practices. She described a balancing act between culture and religion.

Within focus group 2, a discussion took place that was not identified nor discussed by the first group. ‘[The Nikah ] is a binding contract between two people, it is not a religious ceremony. You know you go to the church, that’s different, they have done the religious bit there …. You don’t have to be in a mosque to have this done, do you? You can have two witnesses and you can sign the paper and that is it.’ 133

The statement made by participant 2:4 seemed to have undermined the previously held belief in the utility of the Nikah as a religious ceremony of marriage. Statements quickly followed in which there appeared a sudden disconnect between the contractual effect of the Nikah , and the positioning of the ceremony itself.

‘I would say that it is a religious contract, that is correct but it is made into a ceremony by the environment and the circumstances in which it is conducted.’ 134 ‘It is a requirement of Islam but it is not a ceremony in itself.’ 135 ‘I suppose that when you say you are having your Nikah done, it is considered your religious wedding ceremony but I agree, what you are getting out of it is a contract but that is how I see it anyway.’ 136

When asked who else agreed, participants 2:1 and 2:2 also agreed. However, gauging from the body language and the apparent hesitation by the participants, and the lack of convincing attestations, it was clear that the impact of participant 2:4’s confident assertion was to undermine everyone else’s previously held beliefs in the Nikah being synonymous with the religious marriage ceremony. This is demonstrative of the fact that issues around normative religious practices are perhaps not critically appraised by even the most educated of British Muslims, and certainly within this group, this very discussion was breaking new ground.

In conclusion to the discussion, participant 2:3 stated that the lack of recognition of the ‘contract’ ( Nikah ) was evidence of the ‘non-inclusiveness of the modern secular world’. This was an interesting contention, as on many levels, the advent of anti-discrimination legislation in England and Wales negates such an assertion. And the state centric mono-legal system is a historic fact, which has faced challenge in numerous forms over the decades and centuries.

British Muslim communities are not single homogenous entities and no single narrative can possibly reflect the multitude of voices, opinions and practices which are commonplace from household to household, social group to social group and community to community. The focus of this study has been the discourses around family, relationships, and marriage within Muslim communities. These narratives do not occur in a vacuum and Muslim communities are not closed off from wider society, and not necessarily insular. Where unregistered religious-only marriages are concerned, the use of the theoretical framework of liminality in this article provides a clear narrative of the process of cultural transition underway. This infers a cultural change reflective of wider social norms of cohabitation in Europe, enabling close family relationships outside of the state’s family law arrangement. This cultural norm is not evidenced in ‘cultures of origin’ where marriages and family relationships outside of the state’s purview are atypical further evidencing the transition.

This process of liminality is on-going, and unlikely to resolve in the coming years, and may in fact remain in permanent flux. Previous Empirical research conducted within Muslim communities demonstrates that one cannot underestimate the varying impact of wider societal norms and practices on the practices and priorities in relationships for British Muslims. As expounded by van Gennep, ‘the life of an individual in any society is a series of passages from one age to another and from one occupation to another.’ 137 This study has revealed the extent to which Muslim in England and Wales are conducting their family relationships in a manner which reveals enduring ties to cultures of origin while simultaneously transitioning to British cultural norms. The use of focus groups in this study enabled a small number of these myriad of voices to intersect and provided valuable data on the emerging norms surrounding Muslim marriage practices and underlying motivations, justifications and conceptualisations.

This paper has engaged with modern traditions in Muslim marriage practices and has identified some key areas within the discourse. The decision on whether or not to register is largely determined by notions of adhering to legalities of the state, however, while all bar one participant was in a registered marriage, participants’ statements reflected that the most important dimension of the marriage ceremony was deemed to be the Nikah. The registration was largely conducted as a ‘tick box’ exercise. Despite their own formal marriages, the majority were also staunchly resistant to the idea of compulsory registration of religious marriages, with the discourse couched in terms of choice and freedom, in parallel with the choices availed to wider society. Thus, they would no doubt oppose the Siddique Report’s recommendation of compulsory registration. It is clear that the Nikah is a means for entering into both ‘official’ and non-official relationships as far as Muslim practice is concerned. As a result, any move towards legal recognition of religious marriages is also deeply problematic.

Seed-corn funding from ERC Project 2013-AdG-324180, ‘Problematizing ‘Muslim Marriages’: Ambiguities and Contestations.’ Initial fieldwork focussing on Muslim marriage practices in England. Mentorship provided by Prof. Gillian Douglas with support from the SLSA Mentoring Award fund.

Demographic profile for focus groups

The Law Commission (2015), Getting Married, A Scoping Paper, 13.

The earliest study was by Shah Kazemi, Untying the Knot: Muslim Women, Divorse and the Shariah (2001) Nuffield Foundation. Further research has been undertaken by Rajnaara Akhtar, ‘Unregistered Muslim Marriages: An Emerging Culture of Celebrating Rites and Conceding Rights’ in Rebecca Probert, Jo Miles and Pervez Mody (eds), Marriage Rites and Rights (Hart Publishing 2015) 182; Vishal Vora, ‘The Problem of Unregistered Muslim Marriages: Questions and Solutions’ (2016) 46 Family Law 95; Kathryn O’Sullivan and Leyla Jackson, ‘Muslim Marriage (non) Recognition: Implications and Possible Solutions (2017) 39(1) Journal of Social Welfare and Family Law 22.

The use of the term ‘unregistered’ marriages in this article signifies a lack of adherence to legal formalities. However, it should be noted that being ‘unregistered’ does not necessarily mean the marriage will not be recognized by the state.

Maaike Voorhoeve, ‘Law and Social Change in Tunisia: The Case of Unregistered Marriage’ (2018) 7(3) Oxford Journal of Law and Religion 479–497; Eva Nisa, ‘Unregistered Marriages of Indonesian Migrant Workers in Malaysia: Contrasting Positions of State Agents’ (2018) 6 Sociology of Islam (forthcoming), Islam Uddin, ‘Nikah-Only Marriages: Causes, Motivations and it's Impact on Dispute Resolution and Islamic Divorce Proceedings in England and Wales’ (2018) 7(3) Oxford Journal of Law and Religion 401–426; and Annelies Moors, Martijn de Koning and Vanessa Vroon-Najem, ‘Concluding an ‘Illegal Islamic Marriage’ in the Netherlands: Controversy, Criminalization and Contestations’, (2018) 6 Sociology of Islam (forthcoming).

The truth about Muslim Marriages Survey Findings, < http://truevisiontv.com/films/details/295/the-truth-about-muslim-marriage > accessed 28 November 2017.

s 44(2)(a) and (b), Marriages Act 1949.

The independent review into the application of sharia law in England and Wales, February 2018. < www.gov.uk/government/publications > accessed 18 June 2018.

ibid at 17.

‘Cohabiting couple families were the fastest growing family type between 1996 and 2016, more than doubling from 1.5 million families to 3.3 million families.’ Families and Households in the UK: 2016, Office of National Statistics (see < www.ons.gov.uk/peoplepopulationandcommunity/birthsdeathsandmarriages/families/bulletins/familiesandhouseholds/2016 > accessed 12 November 2017.

Introduced by Arnold van Gennep, The Rites of Passage (University of Chicago Press 1909), and later elaborated by Victor Turner, ‘Betwixt and Between: The Liminal Period in Rites de Passage’ in The Forest of Symbols, Aspects of Ndembu Ritual (Cornell University Press 1967) 93–111.

Dating back centuries, such ‘clandestine’ marriages were once the purview of Anglican clergymen who solemnised marriages which did not adhere to canon law prerequisites. See Shabana Saleem and Rebecca Probert, ‘The Legal Treatment of Islamic Marriage Ceremonies’ (2018) 7(3) Oxford Journal of Law and Religion 376–400.

Rajnaara Akhtar, ‘Unregistered Muslim Marriages in the UK, Examining Normative Influences Shaping Choice of Legal Protection’ in Foblets and others, Personal Autonomy in Plural Societies (Routledge; Law and Anthropology 2018) 140–55, 146.

Akhtar (n 2).

Akhtar (n 13).

Liminality definition from the Encyclopaedia of Religion (2005) < http://www.encyclopedia.com/environment/encyclopedias-almanacs-transcripts-and-maps/liminality > accessed 18 July 2018.

van Gennep (n 11) 1–2.

Bjorn Thomassen, ‘The Uses and Meaning of Liminality’ (2009) 1(1) Journal of International Political Anthropology 5–27, 6.

Jennifer Howard-Grenville and others, ‘Liminality as Cultural Process for Cultural Change’ (2011) 22 (2) Organization Science 522–39.

Allen Bartley and Paul Spoonley, ‘Intergenerational Transnationalism: 1.5 Generation Asian Migrants in New Zealand’ (2008) 46 (4) International Migration 63–83. Shirlena Huang, Brenda Yeoh and Theodora Lam, ‘Asian Transnational Families in Transition: The Liminality of Simultaneity’ (2008) 46 (4) International Migration 3–13.

Limen is the Latin for ‘threshold’.

van Gennep (n 11).

Turner (n 11) 94.

Thomassen (n 18) 11.

Ann Swidler ‘Culture in Action: Symbols and Strategies’ (1986) 52(1) American Sociology Review 273–86, 278.

Howard-Grenville and others (n 19).

Turner (n 11).

Thomassen (n 18) 14.

Arpad Szakolczai, Reflexive Historical Sociology (Routledge 2000) 215–27.

Bjorn Thomassen, ‘Anthropology and its Many Modernities: When Concept Matter’ (2012) 18(1) Journal of the Royal Anthropological Institute 160–78.

Thomassen (n 18) 16–17.

Bartley and Spoonley (n 20) 63–83.

Nina Gillick-Schiller and Linda Basch, ‘From Immigrant to Transmigrant: Theorising Transnational Migration’ (1995) 68(1) Anthropological Quarterly 48–63.

Portes and others, 1999, 228, as cited by Bartley and Spoonley (n 20) 64.

Ilker Etikan, Sulaiman Abubakar Musa and Rukayya Sanusi Alkassim, ‘Comparison of Convenience Sampling and Purposive Samplling’ (2016) 5(1) American Journal of Theoretical and Applied Statistics 1.

Participants were only required to be either currently married or previously married, in order to ensure that opinions were informed by subjective experience and practice. Once gathered, participants were asked to complete an anonymous survey collecting demographic data, and they were then each assigned with a unique number as an identifier.

Special thanks are extended to Prof Gillian Douglas for her help in exploring the potential questions for the focus groups to ensure coverage of all of the key areas.

Margaret Wetherell, Stephanie Taylor and Simeon J Yates. Discourse as Data, a Guide for Analysis (Sage Publications 2009) 49–92.

Anthony Onwuegbuzie and others, ‘A Qualitative Framework for Collecting and Analyzing Data in Focus Group Research’ 2009 8(3) International Journal of Qualitative Methods.

Sue Wilkinson, ‘Focus Groups: A Feminist Method’ in Sharlene Nagy Hesse-Biber and Michelle L Yaiser (eds), Feminist Perspectives on Social Research (OUP 2004) 271–95, 184.

Donna Ambler Peters, ‘Improving Quality Requires Consumer Input: Using Focus Groups’ (1993) 7 Journal of Nursing Care Quality 34–41.

Ian Hutchby and Robin Wooffitt, Conversation Analysis (2nd edn, Polity Press 2008).

Charles Antaki and others, ‘Analysing Discourse’ in Pertti Alasuutari, Len Bickman and Julia Brannen (eds), Handbook of Social Research Methods (Sage 2009).

5 of the 8 were university educated, and 4 were married for 20+ years. The majority undertook their religious marriage ceremony first, but all also undertook the civil marriage ceremony. The time gap between the two ranged from the same day as the Nikah , to days and to months, with the longest being a year. Most described themselves are ‘moderately practicing’ Muslims.

The ethnic profile included Indian, Pakistani, and Somali backgrounds, providing a more diverse group than Group 1. 5 were university educated, two had been divorced previously, 6 had conducted both civil and religious ceremonies, while one had conducted only the religious marriage. The gap between the ceremonies ranged from 1 day to 3–6 months. 4 had lived in the UK since birth, and the remainder had lived here for between 13 and 24 years.

Participant 1:1.

Married for 21 years, educated to A-Levels, and a mother of 4.

Charles Antaki (n 50) 5.

Participant 1:6, female, aged 45–54, educated to degree level, ‘British Muslim’. She did not define her religious practice, instead writing ‘how do you define that?’

Participant 1:2, male, aged 45–54, educated to degree level, ‘understand religious duties, fully practicing’, ‘British Muslim’.

Participant 1:7, male, age over 55, educated to degree level, ‘understand religious duties, moderately practicing’, ‘British Muslim’.

No detailed critique of Shariah Councils shall be presented here for lack of space.

The independent review into the application of sharia law in England and Wales, February 2018 at 4–5.

John Esposito, Women in Muslim Family Law (Syracuse University Press 1982).

Shaheen Ali, Modern Challenged to Islamic Law (CUP 2016) 226.

Farah Ahmed and Jane Calderwood Norton, ‘Religious Tribunals, Religious Freedom and Concern for Vulnerable Women’ (2012) 24(4) Child and Family Law Quarterly 363, 366.

Participant 2:3, male, aged 25–34, educated to post-graduate level, ‘understand religious duties, fully practicing’, ‘British Muslim’.

Participant 2:1, female, aged 35–44, educated to A-Level, ‘understand religious duties, fully practicing’, ‘British-Asian-Muslim’.

The couple will not be considered as spouses for the purposes of the Administration of Estates Act 1925. There are further implications for pensions entitlements, although some pension schemes make provision for cohabiting partners - In the matter of an application by Denise Brewster for Judicial Review (Northern Ireland) [2017] UKSC 8.

For examples, relief through equity claims such as common intention constructive trusts or proprietary estoppel.

Participant 2:5, female, aged 35–44, educated to degree level, ‘understand religious duties, moderately practicing’, ‘British Muslim’.

Participant 2:3.

Rebecca Probert, ‘When are we Married? Void, Non-existent and Presumed Marriages’ (2002) Legal Studies 398.

Participant 2:2.

Jews and Quakers benefit from some ceremonial exemptions, however, they are required to give notice to the Register Office.

Participant 2:2, female, aged 25–34, educated to postgraduate level, ‘understand religious duties, fully practicing’, ‘British-Asian-Muslim’.

Participant 2:6.

Participant 2:1.

Participant 2:5.

Rebecca Probert, ‘A Review of Cohabitation: The Financial Consequences of Relationship Breakdown, Law Com. No. 307 (HMSO 2007)’ (Fall 2007) 41(3) Family Law Quarterly 521–36, 524.

Ali (n 64) 208.

[2009] Application No 49151/07.

[2010] Application No 3976/05.

‘Cohabiting couple families were the fastest growing family type between 1996 and 2016, more than doubling from 1.5 million families to 3.3 million families.’ Families and Households in the UK: 2016, Office of National Statistics (see < www.ons.gov.uk/peoplepopulationandcommunity/ birthsdeaths andmarriages/families/bulletins/familiesandhouseholds/2016 > accessed 12 November 2017.

Participant 1:3.

John Haskey, ‘Cohabitation and Births Outside Marriage after 1970: A Rapidly Evolving Phenomenon’ in Rebecca Probert, (ed), Cohabitation and Non-Marital Births in England and Wales, 1600-2012 (Palgrave Macmillan 2014) 179.

Ann Barlow and others, ‘Cohabitation and the Law: Myths, Money and the Media, in Park A. et al, 24 th British Social Attitudes Report (2008, Sage).

This complex cultural exchange should not be ignored where legal solutions to religious-only marriages are being proposed, and the Siddique Report fails to take account of this.

Rebecca Probert, The Changing Legal Regulation of Co-habitaton: From Fornicators to Family, 1600-2010 (CUP 2012) 277.

See for example, Voorhoeve (n 4), Nisa (n 4), Zbeidy (n 4).

Gillick-Schiller, Basch and Blanc (n 38) 48–63, 56.

Victor Turner, Process, Performance and Pilgrimage: A Study in Comparative Symbology (Concept 1979), as cited by Howard-Grenville and others (n 19) 525.

Probert, (n 72) 398.

Gillian Douglas, ‘Towards an Understanding of the Basis of Obligation and Commitment in Family Law’ (2016) 36(1) Legal Studies 1.

52% of Christian respondents in a study by Judith Nelson and others. Judith Nelson and others, ‘Religious and Spiritual Values and Moral Commitment in Marriage: Untapped Resources in Couples Counseling?’ (2011) 55 Counselling and Values 228, 237.

72% stated it was a moral commitment. ibid.

See, for example: Tracie Rogalin Siddique, ‘Interpretation of Islamic Marriage Contracts by American Courts’ 41(3) (Fall 2007) Family Law Quarterly 639–58.

Participant 2:7.

Participant 2:4.

Participant 1:6.

Haskey (n 85).

ibid at 190.

Rebecca Probert, ‘The Context of Illegitimacy from the 1920’s to the 1960’s’ in Probert (ed), Cohabitation and Non-Marital Births in England and Wales, 1600-2012 ( Palgrave Macmillan 2014) 149.

47.5%, see Haskey (n 85) 190.

Rebecca Probert (ed), Cohabitation and Non-Marital Births in England and Wales, 1600-2012 ( Palgrave Macmillan 2014) 1.

Thomassen (n 18) 18. Emphasis in the original.

Arpad Szakolczai, Max Weber and Michel Foucault: Parallel Life-Works (Routledge 1998).

Thomassen (n 18) 18.

Szakolczai (n 34) 215–27.

< https://uk.answers.yahoo.com/question/index?qid=20101006113643AAkEq54 > accessed 29 August 2017.

In simplistic terms, the Sunni–Shia divide is theological, and both groups of followers of Islam adhere to the teachings of the Quran. The Sunni Muslims also adhere to the Hadith or prophetic traditions, while this is not a priority for the Shia .

Shahla Haeri, Law of Desire: Temporary Marriage in Shi’I Iran (Syracuse University Press 2014) 49–72.

Lyn Welchman, Women’s Rights and Islamic Family Law, Perspectives on Reform (Zed Books 2004) 42.

‘I do … for now. UK Muslims Revive Temporary Marriages’, BBC News online. < http://www.bbc.co.uk/news/uk-22354201 > accessed 29 August 2017.

Annelies Moors, ‘Unregistered Islamic Marriages: Anxieties About Sexuality and Islam in the Netherlands’ in Maurits Berger and others (eds), Applying Shariah in the West. Facts, Fears and the Future of Islamic Rules on Family Relations in the West (Leiden University Press 2013) 141–64, 146–47.

Chris Zdeb, ‘Islamic Nuptials took Months to Complete; but Layers of Tradition, Ceremony and Festivity were all Worth it’ [2014] Edmonton Journal.

Thomassen (n 18) 13.

[2007] EWHC 2492 (Fam), [2008] 1 FLR 813.

Akhtar (n 18).

Participant 1:5, male, aged 25–34.

Participant 2:4, female, aged 45–54, educated to A-Levels. Failed to provide details of religious practice and statement of identity.

van Gennep (n 11) at 3.

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Muslim Marriage - Free Essay Examples and Topic Ideas

Muslim marriage is a sacred institution that is recognized as one of the most crucial aspects of the Islamic faith. It is a union of two individuals committed to living a life of love, respect, and mutual understanding under the guidance of Allah. Islamic marriages involve a comprehensive process that includes matchmaking, dowry negotiation, a marriage contract, and a simple but meaningful ceremony, which is typically performed by an Imam or a qadi. The objective of a Muslim marriage is to establish a peaceful home environment where both partners exhibit kindness, patience, and support for one another. The principles of trust, loyalty, and fidelity are the foundations of any successful Muslim marriage.

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• The Sanctity of Muslim Marriage
• The Sunnah of Muslim Marriage
• The Prohibitions in Muslim Marriage
• The Contract of Muslim Marriage
• The Witnesses of Muslim Marriage
• The Mahr in Muslim Marriage
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Benefits of Early Marriages in Islam

Ultimately, early marriage in Islam is not just about fulfilling worldly needs, but about building a life grounded in faith, love, and mutual support that leads to success in both this life and the hereafter.

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In Islam, marriage is a sacred institution that provides emotional, spiritual, and physical fulfillment while promoting social stability. Early marriage, when approached with readiness and mutual consent, is encouraged in Islamic teachings as a way to preserve modesty and morality. 

It fosters strong family ties, personal growth, and social harmony, serving as a foundation for a righteous and balanced life. Through early marriage, individuals are able to protect themselves from sin and fulfill half of their faith, following the example of the Prophet Muhammad (peace be upon him).

In this article, we will discuss the benefits of early marriage and why Islam advocates it in the light of the Quran, Hadiths, and social life.

Encouragement of Modesty and Morality

One of the primary benefits of early marriage in Islam is the promotion of modesty and the protection of moral integrity. Islam places great emphasis on maintaining chastity and avoiding actions that may lead to immoral behavior, such as zina (fornication) or sexual relationships outside of marriage.

Marriage as a Safeguard Against Sin

Marriage in Islam is considered a safeguard that helps both men and women protect themselves from illicit temptations. The Prophet Muhammad (peace be upon him) strongly encouraged marriage for young people as a means of preserving their modesty. He said:

Hadith: “O young people, whoever among you can afford it, let him get married, for it is more effective in lowering the gaze and guarding chastity. And whoever cannot afford it should fast, for it will be a restraint (wija) for him.” — ( Sahih al-Bukhari 5065 , Sahih Muslim 1400)

This Hadith highlights how early marriage can prevent individuals from falling into temptation and maintain their purity by offering a lawful means to fulfill their emotional and physical desires.

Lowering the Gaze and Guarding Chastity

The Quran explicitly instructs both men and women to lower their gaze and guard their chastity as part of maintaining personal modesty. Early marriage provides a lawful outlet for such desires, helping Muslims adhere to these divine commands.

Quran: “Tell the believing men to lower their gaze and guard their private parts; that is purer for them. Verily, Allah is All-Aware of what they do.” — ( Surah An-Nur 24:30 )

“And tell the believing women to lower their gaze and guard their private parts…” — ( Surah An-Nur 24:31 )

Marriage serves as a practical means to lower the gaze and guard one’s modesty, as it prevents the possibility of engaging in unlawful relationships.

Modesty as a Virtue

Modesty is a core value in Islam, and early marriage encourages the cultivation of this virtue by providing a halal (permissible) way to meet one’s emotional and physical needs. Modesty (haya) is highly regarded in Islam, as the Prophet Muhammad (peace be upon him) said:

Hadith: “Modesty is part of faith, and faith is in Paradise, but obscenity is part of hardness of heart, and hardness of heart is in Hellfire.” — ( Sunan Ibn Majah 4184 )

Early marriage allows individuals to protect themselves from obscenity and moral decay, which aligns with the Islamic ideal of maintaining haya and securing a place in Paradise.

Strengthening Family Ties and Social Structures

In Islam, the family unit is considered the cornerstone of society. Early marriage is encouraged as a way to build and strengthen families, which in turn reinforces social structures and communities. Through marriage, individuals establish connections that help create a cohesive and supportive environment, benefiting both immediate family members and society at large.

Importance of Family in Islam

The Quran and Hadith place immense importance on maintaining strong family ties. Marriage, especially when entered into early, creates the foundation for building a family that adheres to Islamic values and traditions. The bond between a husband and wife, and their commitment to raising righteous children, is vital for the continued growth and strength of the Muslim Ummah (community).

Quran: “And of His signs is that He created for you from yourselves mates that you may find tranquility in them; and He placed between you affection and mercy. Indeed, in that are signs for a people who give thought.” — ( Surah Ar-Rum 30:21 )

This verse emphasizes that marriage fosters tranquility, love, and mercy—qualities that serve as the foundation of a strong family. Early marriage allows these bonds to be formed earlier in life, ensuring that the couple can grow and support each other through various stages of life, while raising children in an environment based on affection and mercy.

Maintaining Kinship Ties

Islam encourages the maintenance of kinship ties (silat ar-rahm), which are critical for social cohesion. Through early marriage, couples form new familial bonds and extend their network of kinship, enhancing the sense of community. The Prophet Muhammad (peace be upon him) repeatedly emphasized the importance of maintaining family ties, stating that doing so brings blessings and prolongs one’s life.

Hadith: “Whoever would like his provision to be increased and his lifespan to be extended, let him maintain his ties of kinship.” — ( Sahih al-Bukhari 5985 )

Early marriage allows individuals to establish a family network that promotes support and cooperation, thus fulfilling the Islamic command to maintain strong family ties.

Promoting Mutual Support and Responsibility

Early marriages encourage the building of a supportive family structure where mutual responsibility is shared between husband and wife. Each partner provides emotional and financial support, which creates a stable environment for the upbringing of children. This mutual support benefits not only the immediate family but also the broader community, as strong families contribute to societal harmony and stability.

Quran: “They (your wives) are a garment for you, and you are a garment for them.” — ( Surah Al-Baqarah 2:187 )

This metaphor of spouses being garments for each other underscores the mutual support and protection that marriage offers. Early marriage allows this support to develop over time, reinforcing both personal and familial relationships.

Contributing to the Stability of the Ummah

Strong families are the building blocks of the Muslim Ummah. When individuals marry early and raise their children according to Islamic principles, they contribute to the growth and stability of the Muslim community. A solid family unit not only fosters religious and moral upbringing but also ensures the continuation of Islamic traditions across generations.

Fulfillment of Emotional and Physical Needs

Marriage in Islam is not just a legal contract but a means to fulfill the emotional, physical, and psychological needs of both partners in a lawful and healthy way. Early marriage, when conducted with mutual consent and readiness, helps individuals address these needs while adhering to Islamic principles.

Emotional Companionship

One of the primary purposes of marriage is to provide companionship and emotional support. Islam recognizes that humans are social beings who require close emotional relationships for well-being. Early marriage enables individuals to find a partner who can provide this companionship throughout their lives, offering emotional stability and comfort.

Quran: “And among His signs is that He created for you from yourselves mates that you may find tranquility in them, and He placed between you affection and mercy. Verily, in that are signs for people who reflect.” — ( Surah Ar-Rum 30:21 )

This verse highlights the emotional fulfillment that marriage provides through love, tranquility, and mercy. Early marriage allows couples to experience these blessings at an earlier stage in life, fostering long-lasting emotional bonds.

Physical Fulfillment in a Lawful Manner

Islam acknowledges the importance of physical needs within a marriage and offers marriage as the only lawful way to fulfill these desires. Early marriage allows individuals to satisfy their physical needs in a halal (permissible) manner, which protects them from engaging in sinful acts such as zina (fornication). 

Hadith: “O young men, whoever among you can afford it, let him get married, for it is more effective in lowering the gaze and guarding chastity.” — ( Sahih al-Bukhari 5065 , Sahih Muslim 1400)

This Hadith emphasizes the importance of marriage, particularly for young individuals, as a way to lawfully fulfill physical desires and protect their chastity. Early marriage provides an opportunity for both men and women to experience intimacy within the boundaries set by Islam.

Providing Psychological Stability

Marriage offers not only emotional and physical fulfillment but also psychological stability. The sense of security and support that comes with being married helps reduce stress and anxiety, providing a stable environment where individuals can thrive. Early marriage enables couples to navigate life’s challenges together, contributing to psychological well-being.

Quran: “They are a garment for you, and you are a garment for them.” — ( Surah Al-Baqarah 2:187 )

This verse illustrates the close bond between spouses, comparing them to garments that provide protection and comfort to one another. Early marriage allows this supportive relationship to develop over time, creating a nurturing environment where both partners can find psychological solace.

Fostering Love and Affection

Marriage in Islam is built on love and mutual affection, and these feelings are central to the well-being of both partners. Early marriage allows love and affection to blossom and strengthen over time, providing a foundation for a healthy and long-lasting relationship.

Hadith: “The best of you are those who are best to their wives.” — ( Sunan al-Tirmidhi 1162 )

This Hadith highlights the importance of kindness, love, and respect in a marital relationship. Early marriage encourages partners to develop these qualities from the beginning of their union, fostering a positive and affectionate environment.

Economic and Social Stability

Marriage in Islam not only serves as a means of emotional and physical fulfillment but also fosters economic and social stability. Early marriage allows couples to pool their resources, share responsibilities, and build a stable future together. Through mutual cooperation and support, early marriage contributes to financial security and helps create a balanced social environment.

Sharing Financial Responsibilities

In Islam, both spouses play a vital role in the financial well-being of the household. Early marriage encourages young couples to take responsibility for managing their finances together, helping them develop financial discipline and planning skills at an early stage in life. The husband, as the provider, and the wife, as the manager of the household, share responsibilities that contribute to a stable and prosperous family life.

Quran: “Men are the protectors and maintainers of women because Allah has given one more strength than the other, and because they support them from their means.” — ( Surah An-Nisa 4:34 )

This verse underscores the husband’s responsibility to provide for his wife and family. In an early marriage, the couple can grow into these roles and work together to achieve financial stability, sharing the burden of economic responsibilities.

Pooling Resources and Building Wealth Together

Early marriage allows couples to combine their resources and work towards common financial goals. By starting early, they have more time to save, invest, and plan for their future. Whether it’s buying a home, investing in a business, or saving for their children’s education, working together as a team enables them to build a stable financial foundation over time.

Hadith: “Verily, the best of earnings is that which a man spends on his family.” — ( Sahih Muslim 1002 )

This Hadith highlights the importance of providing for one’s family, which is considered an act of worship in Islam. Through early marriage, couples can jointly focus on building wealth, supporting one another financially, and ensuring the well-being of their future children.

Encouraging Mutual Support in Hard Times

Marriage creates a partnership where both spouses support one another during difficult times. Whether it’s financial struggles, job loss, or economic challenges, early marriage provides a framework where each partner can lean on the other for assistance and encouragement. This mutual support contributes to a sense of security, making it easier to overcome financial hardships together.

This metaphor of spouses being garments for one another suggests that they protect and support each other, not only emotionally but also economically. Early marriage enables couples to face life’s challenges together, providing strength and stability in difficult times.

Enhancing Social Stability

A stable marriage also contributes to the well-being of society at large. Early marriage encourages the formation of stable family units, which are the building blocks of a strong and harmonious community. These families contribute to the economic and social fabric of society by raising responsible children, participating in community activities, and fostering social cohesion.

Quran: “And marry those among you who are single and the righteous among your male slaves and female slaves. If they are poor, Allah will enrich them out of His bounty.” — ( Surah An-Nur 24:32 )

This verse encourages marriage even for those who may be financially struggling, with the assurance that Allah will provide for them. Early marriage not only benefits the individual couple but also strengthens the community by fostering responsible behavior and social unity.

Fostering Responsibility and Maturity

Early marriage in Islam encourages individuals to take on responsibility and develop maturity at a young age. By entering into marriage, both partners are given the opportunity to learn valuable life skills, fulfill their roles in accordance with Islamic principles, and grow together as a team. The responsibilities of marriage help foster personal growth, emotional maturity, and a sense of accountability that benefits both the individual and society.

Taking Responsibility for One Another

Marriage in Islam is a contract that places mutual responsibilities on both spouses. Early marriage encourages individuals to take responsibility for their partner’s well-being, both emotionally and financially, in accordance with the teachings of the Quran and Hadith. This sense of responsibility helps each person grow in their role and develop a deeper understanding of their duties within the marriage.

Quran: “And live with them in kindness. For if you dislike them – perhaps you dislike a thing and Allah makes therein much good.” — ( Surah An-Nisa 4:19 )

This verse emphasizes the responsibility of treating one’s spouse with kindness and patience, even during difficult times. Early marriage provides individuals with the chance to practice these values, developing a sense of responsibility toward their partner and cultivating a loving, respectful relationship.

Fulfilling Religious Obligations

Islam teaches that marriage is a means to fulfill half of one’s faith. Early marriage allows individuals to fulfill this important religious obligation and live according to the guidance of Allah. By embracing the responsibilities of marriage, young couples are able to practice and strengthen their faith, learning to navigate life’s challenges with patience and reliance on Allah.

Hadith: “When a man marries, he has fulfilled half of his religion, so let him fear Allah regarding the remaining half.” — ( Sunan Ibn Majah 1845 )

This Hadith highlights the significance of marriage in completing one’s faith. By taking on the responsibilities of marriage early, individuals are able to grow spiritually and fulfill their religious duties in a way that brings them closer to Allah.

Developing Emotional Maturity

Marriage brings with it a range of emotional challenges, including compromise, patience, and understanding. Early marriage helps individuals develop emotional maturity as they learn to navigate these aspects of life. By sharing their lives with a partner from a young age, individuals learn to handle emotions responsibly, communicate effectively, and work through differences in a constructive manner.

Quran: “And among His signs is that He created for you from yourselves mates that you may find tranquility in them, and He placed between you affection and mercy. Indeed, in that are signs for a people who give thought.” — ( Surah Ar-Rum 30:21 )

This verse speaks to the emotional bond created in marriage, which fosters tranquility, love, and mercy. Early marriage allows couples to develop these qualities over time, contributing to their emotional growth and maturity.

Learning Essential Life Skills

In Islam, marriage is a partnership in which both spouses work together to manage the household, care for children, and contribute to the family’s overall well-being. Early marriage provides individuals with the opportunity to learn essential life skills, such as financial management, decision-making, and conflict resolution. These skills are crucial for the long-term success of the marriage and contribute to the overall development of both partners.

Hadith: “The most perfect of believers in faith are those with the best manners, and the best of you are those who are best to their wives.” — ( Sunan al-Tirmidhi 1162 )

This Hadith encourages good character and manners, which are essential life skills in marriage. Early marriage offers individuals the chance to practice these skills from a young age, allowing them to grow in their role as a spouse and a responsible adult.

Accountability and Personal Growth

Early marriage encourages individuals to be accountable for their actions, decisions, and behavior. Marriage creates a partnership where both spouses must work together to overcome challenges, support one another, and make decisions that benefit the family as a whole. This accountability fosters personal growth, teaching individuals to prioritize the needs of others and act with responsibility and maturity.

Quran: “O you who have believed, protect yourselves and your families from a Fire whose fuel is people and stones.” — ( Surah At-Tahrim 66:6 )

This verse emphasizes the responsibility each individual has to protect their family from harm. Early marriage allows couples to practice this accountability from a young age, helping them grow in maturity and understanding of their role in protecting and nurturing their family.

Encouraging Procreation and the Continuation of the Ummah

Procreation is a vital aspect of marriage in Islam, as it ensures the continuation of the Muslim Ummah (community) and fulfills one of the primary purposes of marriage. Early marriage provides couples with the opportunity to start their family sooner, allowing them to raise children in accordance with Islamic teachings and values. By encouraging early marriage, Islam promotes a strong, growing community that adheres to the faith.

Procreation as a Purpose of Marriage

One of the key purposes of marriage in Islam is to procreate and raise children who will become righteous Muslims. Early marriage provides couples with more time and opportunity to have children and raise them with strong Islamic values. The importance of having children is emphasized in both the Quran and Hadith, as children are seen as a blessing and a continuation of the faith.

Quran: “And Allah has made for you from your homes a place of rest and made for you from your mates children and grandchildren and provided for you from the good things. So will they not believe?” — ( Surah An-Nahl 16:72 )

This verse highlights how Allah has blessed humanity with children and grandchildren through the institution of marriage. Early marriage enables couples to fulfill this divine purpose by building a family and contributing to the growth of the Ummah.

Raising Righteous Children in Islam

In Islam, raising children who will follow the teachings of the Quran and the Sunnah of the Prophet Muhammad (peace be upon him) is a great responsibility. Early marriage gives parents ample time to educate and nurture their children in the ways of the faith, ensuring that they grow up as practicing Muslims who contribute positively to society.

Hadith: “When a man dies, his deeds come to an end except for three things: ongoing charity, beneficial knowledge, and a righteous child who prays for him.” — ( Sahih Muslim 1631 )

This Hadith illustrates the importance of raising righteous children, as their prayers and good deeds continue to benefit their parents even after their death. Early marriage gives parents the opportunity to raise multiple children in the path of Islam, securing both their spiritual rewards and the continuation of the Muslim community.

Increasing the Size of the Ummah

The Prophet Muhammad (peace be upon him) encouraged his followers to marry and have children, so that the size of the Muslim Ummah would increase. Early marriage allows couples to have more children, which in turn strengthens the community and ensures that the teachings of Islam are passed down through generations.

Hadith: “Marry those who are loving and fertile, for I will boast of your great numbers before the other nations on the Day of Judgment.” — ( Sunan Ibn Majah 1845 )

In this Hadith, the Prophet (peace be upon him) expresses the importance of increasing the size of the Muslim Ummah through marriage and procreation. Early marriage enables couples to contribute to this divine objective by having children who will grow up to be followers of Islam.

Ensuring the Continuity of Islamic Traditions

Early marriage provides parents with more time to instill Islamic traditions, values, and teachings in their children. By raising children in a stable, religious environment from an early age, parents ensure that Islamic knowledge and practices are passed down to future generations. This continuity strengthens the Muslim Ummah, as each generation plays a role in preserving and spreading the faith.

This verse reminds Muslims of their duty to protect themselves and their families by ensuring that they live righteous lives. Early marriage allows couples to fulfill this responsibility by raising children who adhere to Islamic teachings, thereby protecting them from harm and ensuring the continuation of the Ummah.

Rewards for Raising Pious Children

In Islam, raising pious children who follow the religion brings great rewards for parents, both in this life and in the hereafter. Early marriage provides an opportunity for couples to start their families sooner and enjoy the spiritual rewards that come with raising children who live according to the principles of Islam.

Hadith: “The best gift from a father to his child is education and upbringing.” — ( Sunan al-Tirmidhi 1952 )

This Hadith emphasizes the importance of educating and raising children in a righteous manner. Early marriage allows parents to devote time and effort to ensuring that their children grow up with a strong Islamic education and moral foundation, contributing to the strength and growth of the Muslim Ummah.

Prevention of Harmful Societal Influences

Early marriage in Islam serves as a protective measure against the harmful societal influences that can negatively impact individuals and families. By encouraging marriage at a young age, Islam helps individuals avoid immoral behavior, social pressures, and the modern trends that often lead to spiritual and emotional harm. Through early marriage, Muslims are able to preserve their faith, protect their values, and live a life of dignity within the bounds of Islamic teachings.

Protecting Against Immorality

One of the greatest benefits of early marriage in Islam is the protection it provides from engaging in immoral behavior, such as zina (fornication) or other inappropriate relationships. Modern societies are increasingly exposed to casual relationships, dating, and other practices that contradict Islamic teachings on modesty and chastity. Early marriage allows individuals to fulfill their emotional and physical needs in a lawful manner, reducing the risk of falling into sin.

Quran: “And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way.” — ( Surah Al-Isra 17:32 )

This verse makes it clear that unlawful sexual relationships are forbidden in Islam. Early marriage offers a solution by providing individuals with a lawful means to satisfy their desires, thus protecting them from engaging in sinful behavior and the harm that can result from it.

Hadith: “Whoever guarantees me that he will protect what is between his jaws and what is between his legs, I will guarantee him Paradise.” — ( Sahih al-Bukhari 6474 )

This Hadith emphasizes the importance of guarding one’s chastity. Early marriage helps individuals do so by providing a legitimate outlet for their natural desires, thus protecting them from the dangers of immoral behavior.

Avoiding Harmful Modern Trends

Modern societies often promote delayed marriages, casual relationships, and individualism, which can lead to social isolation, emotional instability, and weakened family structures. Early marriage, in contrast, offers stability and a sense of purpose by encouraging commitment, responsibility, and mutual support. It also aligns with Islamic values, which prioritize family life, modesty, and moral conduct.

This verse highlights the tranquility and mutual support that marriage brings. Early marriage helps young people avoid the distractions and pitfalls of modern social trends by providing them with a stable, committed relationship that nurtures affection, love, and mercy.

Providing Protection from Social Pressures

Young people today are often exposed to social pressures that promote materialism, self-indulgence, and a lifestyle focused on individual gratification rather than family and community values. Early marriage helps individuals resist these pressures by encouraging responsibility, self-discipline, and a focus on building a strong family unit. By following Islamic principles, couples who marry early can protect themselves from the negative influences of modern society.

Hadith: “Marriage is part of my Sunnah, and whoever does not follow my Sunnah has nothing to do with me. Get married, for I will boast of your great numbers before the nations. Whoever has the means, let him get married, and whoever cannot should fast, for fasting will diminish his desire.” — ( Sunan Ibn Majah 1845 )

This Hadith encourages marriage as part of the Prophet Muhammad’s (peace be upon him) Sunnah. By marrying early, young Muslims can avoid succumbing to societal pressures and remain on the path of righteousness, following the example set by the Prophet.

Strengthening Family and Community Values

Early marriage helps preserve traditional family and community values by encouraging individuals to prioritize their relationships, responsibilities, and religious obligations. Through marriage, young Muslims learn to work together to build a stable home, raise children, and contribute to the well-being of society. This focus on family life helps counter the negative influences of materialism, individualism, and moral decline that are prevalent in many modern societies.

This verse stresses the importance of protecting one’s family from spiritual and moral harm. Early marriage allows individuals to establish a family life grounded in Islamic values, providing a protective environment where faith and morality are prioritized.

Avoiding Emotional and Psychological Harm

Delaying marriage and engaging in relationships outside of Islam’s guidelines can lead to emotional and psychological harm, such as loneliness, instability, and loss of self-worth. Early marriage offers a solution by providing emotional security, companionship, and a sense of purpose. It helps individuals avoid the emotional strain that comes with navigating modern social relationships and the societal expectations that often lead to disappointment and confusion.

Quran: “And they (your wives) are a garment for you, and you are a garment for them.” — ( Surah Al-Baqarah 2:187 )

This metaphor of spouses being garments for one another illustrates the comfort, protection, and support that marriage provides. Early marriage enables individuals to experience this emotional and psychological support early in life, helping them avoid the emotional harm that can come from modern, transient relationships.

Religious and Spiritual Benefits

Marriage is considered an act of worship in Islam, and early marriage carries profound religious and spiritual benefits. It is viewed as fulfilling half of one’s faith and is highly encouraged as a means of living in accordance with the Sunnah of the Prophet Muhammad (peace be upon him). Early marriage allows individuals to grow spiritually as they take on the responsibilities of marriage, and it brings numerous rewards, both in this life and the hereafter.

Marriage Fulfills Half of One’s Faith

In Islam, marriage is regarded as a key aspect of fulfilling religious obligations. The Prophet Muhammad (peace be upon him) emphasized that marriage completes half of one’s faith, underscoring its importance in the life of a Muslim. Early marriage provides individuals with the opportunity to live a life in accordance with Islamic teachings from a young age, ensuring that they are fulfilling this important aspect of their faith.

This Hadith highlights the spiritual significance of marriage, as it fulfills a major component of a Muslim’s religious duties. By marrying early, individuals can focus on perfecting the other half of their faith by living a righteous, God-conscious life.

Following the Sunnah of the Prophet Muhammad (peace be upon him)

Early marriage is strongly encouraged in Islam, as it is part of the Sunnah (traditions) of the Prophet Muhammad (peace be upon him). By marrying early, Muslims are following in the footsteps of the Prophet, which brings blessings and rewards. The Prophet himself married and encouraged his followers to marry, setting a clear example for the Muslim community.

Hadith: “Marriage is part of my Sunnah, and whoever does not follow my Sunnah has nothing to do with me. Get married, for I will boast of your great numbers before the nations.” — ( Sunan Ibn Majah 1846 )

This Hadith reinforces the importance of marriage in Islam and the spiritual rewards associated with following the Sunnah. Early marriage allows individuals to align their lives with the teachings of the Prophet, gaining both spiritual benefits and blessings in their life.

Encouraging Spiritual Growth and Responsibility

Early marriage encourages spiritual growth by instilling a sense of responsibility in both partners. As spouses, individuals are responsible for guiding one another in faith, worship, and obedience to Allah. This shared responsibility promotes an environment where both individuals can grow spiritually and work together to strengthen their connection with Allah.

This verse highlights the importance of treating one’s spouse with kindness and fulfilling the responsibilities of marriage. Early marriage allows couples to practice patience, compassion, and mercy, all of which contribute to spiritual growth and earning Allah’s pleasure.

Gaining Rewards in the Hereafter

Marriage is considered a source of immense spiritual reward in Islam. By fulfilling the duties of marriage in a manner that pleases Allah, individuals can accumulate rewards that benefit them in the hereafter. Early marriage allows individuals to start earning these rewards sooner, as every act of kindness, love, and support toward one’s spouse is considered a form of worship.

Hadith: “The best of you are those who are best to their wives.” — ( Riyad as-Salihin 278 )

This Hadith underscores the importance of treating one’s spouse with goodness, which is rewarded by Allah. Early marriage provides more opportunities to act with kindness and righteousness within the marital relationship, accumulating rewards for both partners in this life and the hereafter.

Marriage as Protection from Sin

Early marriage serves as a protection against sinful behavior, such as zina (fornication), which is strictly prohibited in Islam. By entering into a lawful marriage early, individuals are able to fulfill their physical and emotional needs in a halal (permissible) manner, safeguarding their spiritual purity and avoiding the wrath of Allah.

Quran: “And those who guard their chastity (except from their wives or those their right hands possess), for then they are not to be blamed.” — ( Surah Al-Mu’minun 23:5-6 )

This verse emphasizes the importance of guarding one’s chastity, which is protected through marriage. Early marriage allows individuals to prevent themselves from falling into sin and instead live a life of purity and obedience to Allah’s commands.

Strengthening Taqwa (God-consciousness)

Marriage fosters a sense of taqwa (God-consciousness) by encouraging couples to fulfill their obligations to Allah and to each other. Early marriage allows couples to develop a life centered around worship, prayer, and righteousness, which strengthens their connection to Allah and deepens their spiritual awareness.

Quran: “O you who have believed, fear Allah as He should be feared and do not die except as Muslims (in submission to Him).” — ( Surah Al-Imran 3:102 )

This verse calls upon believers to maintain taqwa and live in submission to Allah. Early marriage, by promoting a life of devotion and righteousness, helps individuals remain God-conscious throughout their lives, ensuring that they live and die in a state of submission to Allah.

In Islam, early marriage is highly encouraged as it brings numerous benefits that impact both individuals and society. From promoting modesty and strengthening family ties to fulfilling emotional and physical needs, early marriage fosters personal growth, responsibility, and maturity. It also contributes to the stability of the Muslim Ummah by encouraging procreation and the continuation of Islamic values across generations. Furthermore, early marriage shields individuals from harmful societal influences and serves as a powerful vehicle for religious and spiritual fulfillment, helping Muslims complete half of their faith and grow closer to Allah.

While early marriage offers many advantages, it is important to ensure that both individuals are ready and willing to take on the responsibilities of marriage, as mutual consent and preparation are key to a successful union. Islam provides a balanced framework that values readiness, respect, and the fulfillment of obligations within the marital relationship. By following the guidance of the Quran and Sunnah, early marriage can be a source of immense blessings, peace, and spiritual growth, contributing to the well-being of both the individual and the broader Muslim community.

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