FAQ in the category of Marriage-Nikah

Qadar is a title of the knowledge of Allah. In order to regard that marriage is not qadar, it becomes necessary for Allah to be unaware of those two people, which is impossible for Allah, whose knowledge encompasses everything, every place and every time. Then, the answer to that question is, “Marriage is definitely qadar.” However, there may be two different situations here:

1. With His pre-eternal knowledge, Allah knew that the woman and the man wanted to marry using their own partial free will and when the time was due, He would fulfill their wish by creating it through His universal will; therefore, he wrote, in the pre-eternity, in their books of qadar that they would marry. “Knowledge is dependent on the thing known.” This rule denotes that this writing is based on their wish and will. That is, in the book of qadar, it is not written, “They should marry” but, “They will marry.”Doubtlessly, such writing does not enforce man.

2. Sometimes, in order to test people in terms of thanking or patience, without intervening in their partial free will, Allah makes two people meet and makes them marry. If that marriage is a nice marriage, it is a bounty because the man and the woman are asked to thank. If that marriage is a bad marriage, it is a testing of patience. The man is tested through the woman, and the woman is tested through the man. That is, not in all marriages are the partial free wills of people taken into account. In other words, marriage, which is a voluntary deed, sometimes takes places like a compulsory deed; without the intervention and the preference of the people. Then, we should regard the following decrees as rules.

- If a person wants something to happen but if Allah does not want it to happen, that deed does not take place and it does not come into existence. If this wish that does not take place is a good thing, the person will be rewarded for his good intention.

- If a person wants something to happen, and if Allah wills it, too, that deed is created and it takes place. Since the partial free will of the person causes the creation of that deed, the person will be responsible for that deed. If it is a good deed, he will be rewarded; if it is a bad deed, he will be punished.

- The deeds that are created by the will of Allah, without any intervention of people: Regarding those kinds of deeds, the partial free will of the person is not involved. As we have mentioned before, Allah creates it so that they will be tested in terms of thanking or patience.

Marriage is sometimes a deed that belongs to the second group. When people use their partial free will, Allah creates what they want. Sometimes, a deed that belongs to the third group occurs. Without the wills of people intervening, Allah makes people marry. However, marriage is qadar in both cases. And it is the pre-eternal pre-ordination of Allah.

Nikah is necessary for a marriage. Nikah is necessary even if a Muslim marries a Jewish or a Christian woman. It is unanimously agreed by Islamic scholars that both witnesses have to be Muslims in a marriage of two Muslims. For, a non-Muslim have no right of guardianship over a Muslim. (see an-Nisa, 4/141;al-Qasani, II/253) According to Abu Hanifa and Abu Yusuf, the People of the Book (Christians and Jews) can be witnesses if both parties or the woman is a member of the People of the Book.

The following is written in fiqh books:

It is valid but makruh to marry a Christian woman when there is a Muslim woman to marry. For, this marriage will not be away from drawbacks. However, the marriage is valid and the offspring are legitimate. For, the Islamic law is universal and answers all needs. Naturally, there will be exceptions.  

A Muslim woman and man cannot marry polytheists. A polytheist woman is a woman that associates partners with Allah; for instance, she worships idols, stars, fire or animals. Allah states the following:

"Do not marry unbelieving women until they believe..." (al-Baqara, 2/221)

It is permissible for a Muslim man to marry a Jewish or Christian woman. The scholars unanimously agree on it. The following is stated in a verse:

"...(Lawful unto you in marriage) are (not only) chaste women who are believers, but chaste women among the People of the Book." (al-Maida, 5/5)

The reason why it is permissible to marry a woman from the People of the Book is that this woman may believe in Allah, His prophets, angels and the Day of Judgment when she marries a Muslim.

A Muslim Woman Marrying a Non-Muslim Man

It is unanimously agreed by Islamic scholars that it is haram for a Muslim woman to marry an unbeliever.

"…Nor marry (your girls) to unbelievers until they believe..." (al-Baqara, 2/221)

For, it is feared that a believing woman might be an unbeliever as a result of this marriage. Her husband will call her to his own religion. Women generally follow and obey their husbands and are affected by what they do; they follow their husbands in religion. (Fatawa al-Hindiyya, XI/330)

A woman cannot be married to a man at the same time as her sister, aunt or a mahram woman.

It is haram for a man to be married to two sisters or a woman and her aunt at the same time. Allah states the following while explaining the women who are haram to marry:

"Prohibited to you (for marriage) are… and two sisters in wedlock at one and the same time, except for what is past." (an-Nisa, 4/23)

This issue is explained more in hadiths:

"A woman cannot be married to a man at the same time as her aunt." (Bukhari, Nikah, 27)

The reason why it is forbidden to be married to two close relatives (women) at the same time is mostly related to moral issues. In this kind of marriage (that is, being married to two sisters or an aunt and her niece at the same time), jealousy and competition may occur. It causes the disconnection of kinship relations. In general, two wives of a man do not get on well. Such a marriage is haram. Therefore, being married to two close relatives (women) at the same time was rendered haram.

(see Mustafa KASADAR ve Sadık AKKİRAZ, Kadın İlmihali, p. 356-357)

It is permissible to marry a girl without tasattur. That is, marriage with a woman who does not cover her body in accordance with the Islamic rules is valid. For, there is no rule like "the woman covering her body in accordance with the Islamic rules" among the conditions of marriage. However, this state may cause a problem in the future for a man who gives importance to the tasattur of his wife. It may even be a cause of divorce.   

Sometimes, you leave problems to time and they are settled gradually; that is, they are solved in the course of time without being forced.

There are some problems that cannot be solved by leaving to time; it is necessary to work based on some principles as soon as they are diagnosed. The issue in the question is related to the latter state. 

- A woman without tasattur may be working and it may seem impossible for her to dress in accordance with tasattur immediately. When she marries, she will give up her work; thus, the state that prevents her from tasattur will be eliminated and she will dress in accordance with tasattur.

- Or, due to her environment or some family conditions, she cannot overcome some obstacles or she cannot struggle properly; consequently, she cannot dress in accordance with tasattur no matter what she does.  

There is one more state apart from the two states mentioned above: A girl who promises that she will dress in accordance with tasattur  after she gets married is not as sensitive and conscious as you are regarding tasattur. With a wrong approach, she regards tasattur as something optional, based on a person's preference.

To say "yes" to a shared life with such a person will bring about some risks of discord; therefore, it is better not to start it. For, the most important issue in marriage is to share the same belief and thought. The other conditions may be left to time.

Even if they stay away from each other for a long time, their marriage is not harmed. 

It is necessary to renew marriage in the following cases:

1. When a person exits Islam and becomes a Muslim again;

2. When irrevocable divorce (talaq al-bain) takes place.

Accordingly, if a person stays away from his spouse for a long time, their marriage is not invalidated; there is no need to renew marriage when he returns home. However, they can renew their marriage if they wish. There is no harm in doing it.

Nikah is necessary for a marriage. Nikah is necessary even if a Muslim marries a Jewish or a Christian woman. It is unanimously agreed by Islamic scholars that both witnesses have to be Muslims in a marriage of two Muslims. For, a non-Muslim have no right of guardianship over a Muslim. (see  an-Nisa, 4/141;al-Qasani, II/253) According to Abu Hanifa and Abu Yusuf, the People of the Book (Christians and Jews) can be witnesses if both parties or the woman is a member of the People of the Book.

The following is written in fiqh books:

It is valid but makruh to marry a Christian woman when there is a Muslim woman to marry. For, this marriage will not be away from drawbacks. However, the marriage is valid and the offspring are legitimate. For, the Islamic law is universal and answers all needs. Naturally, there will be exceptions.  

A Muslim woman and man cannot marry polytheists. A polytheist woman is a woman that associates partners with Allah; for instance, she worships idols, stars, fire or animals. Allah states the following:

"Do not marry unbelieving women until they believe..." (al-Baqara, 2/221)

It is permissible for a Muslim man to marry a Jewish or Christian woman. The scholars unanimously agree on it. The following is stated in a verse:

"...(Lawful unto you in marriage) are (not only) chaste women who are believers, but chaste women among the People of the Book." (al-Maida, 5/5)

The reason why it is permissible to marry a woman from the People of the Book is that this woman may believe in Allah, His prophets, angels and the Day of Judgment when she marries a Muslim.

A Muslim Woman Marrying a Non-Muslim Man

It is unanimously agreed by Islamic scholars that it is haram for a Muslim woman to marry an unbeliever.

"…Nor marry (your girls) to unbelievers until they believe..." (al-Baqara, 2/221)

For, it is feared that a believing woman might be an unbeliever as a result of this marriage. Her husband will call her to his own religion. Women generally follow and obey their husbands and are affected by what they do; they follow their husbands in religion. (Fatawa al-Hindiyya, XI/330)

A woman cannot be married to a man at the same time as her sister, aunt or a mahram woman.

It is haram for a man to be married to two sisters or a woman and her aunt at the same time. Allah states the following while explaining the women who are haram to marry:

"Prohibited to you (for marriage) are… and two sisters in wedlock at one and the same time, except for what is past." (an-Nisa, 4/23)

This issue is explained more in hadiths:

"A woman cannot be married to a man at the same time as her aunt." (Bukhari, Nikah, 27)

The reason why it is forbidden to be married to two close relatives (women) at the same time is mostly related to moral issues. In this kind of marriage (that is, being married to two sisters or an aunt and her niece at the same time), jealousy and competition may occur. It causes the disconnection of kinship relations. In general, two wives of a man do not get on well. Such a marriage is haram. Therefore, being married to two close relatives (women) at the same time was rendered haram.

(see Mustafa KASADAR ve Sadık AKKİRAZ, Kadın İlmihali, p. 356-357)

It is permissible for people fromdifferent madhhabs to marry. The woman does not have to follow the madhhab of her husband after marriage.

An Ahl as-Sunnah woman marrying a Shiite or Alawite man:

A Muslim woman can marry only a Muslim man. Therefore, it is necessary to define a Muslim first. A Muslim is a person who accepts all of the definite decrees of the religion of Islam and who does not refuse any of them. That is, he is a person who believes in the orders of Islam like prayers, fasting, zakah, hajj, wudu and ghusl, and the prohibitions like fornication, alcohol and interest. However, a person who does not accept all or some of the issues mentioned above is not regarded as a Muslim and it is not permissible to marry him. If they marry, their marital life is illegitimate whether he is Sunni, Shiite or Alawite.

So, the criterion for marriage is Islam. Unfortunately, many Muslim women marry non-Muslim men without asking about it and without learning the decree of Islam; thus, they deserve the curse of Allah up to Doomsday.

(Halil GÜNENÇ, Günümüz Meselelerine Fetvalar, II / 119)

Mut'a marriage means to marry a woman for a certain time in return for some money/goods. This kind of marriage was permissible in the first days of Islam as it was in the Era of Jahiliyya. Then, it was abrogated and abolished.

Tirmidhi states the following:

"Mut'a marriage existed in the first days of Islam. When a person went to a town, he would marry a woman for a temporary time since he did not know anybody there. She would take care of his possessions and settle his affairs."

There is unanimous agreement that mut'a marriage is haram. All scholars except Rafizis and Shiite accept that it is haram.

Ibn Abbas stated for a long time that mut'a marriage had not been abrogated. Afterwards, he accepted that it had been abrogated and declared it. Once, a disagreement occurred between Ibn al-Zubayr and Ibn Abbas about mut'a marriage. Ibn al-Zubayr said about Ibn Abbas in an implying way, "What happened to some people? Their hearts have become blind like some people who are blind. They say the Messenger of Allah regarded mut'a marriage permissible."

It is understood from here that Ibn Abbas was unaware that muta marriage had been rendered haram. When he found out about it, he changed his view. As a matter of fact, the following was reported from Said bin Jubayr: "Once, Ibn Abbas delivered a sermon and said, ‘Mut'a marriage is like carrion, blood and pork.’" (al-Fiqh alal-Madhahib al-Arba'a VI. 90-93)

(Halil GÜNENÇ, Günümüz Meselelerine Fetvalar, II / 122)

MUT`A

Mut’a means something one benefits from, combining umra and hajj, things like clothes and headscarves given to a woman who divorced and marrying a woman temporarily. Its plural form is "mutaun". The word mata derived from the same root means making use of something useful like food and clothes. Its plural form is "amtia". "Tamattu" and "istimta" mean to make use of something for a long time, to find something delicious and to take pleasure. Mata and mut’a are synonymous words in the sense of something that is benefitted from.

As a fiqh term, mut`a has two meanings: Something given to a woman who divorced to use during the period of iddah; temporary marriage.

1. If a marriage that is made without determining an amount of mahr ends before a sexual intercourse through divorce or cancellation, the woman is given things like clothes and headscarves. They are a kind of “consolation gifts” replacing mahr. 

The following is stated in the Quran:

"There is no blame on you if ye divorce women before consummation or the fixation of their dower; but bestow on them (a suitable gift), the wealthy according to his means, and the poor according to his means;- A gift of a reasonable amount is due from those who wish to do the right thing" (al-Baqara, 2/236);

"For divorced women Maintenance (should be provided) on a reasonable (scale)" (al-Baqara, 2/241);

"O ye who believe! When ye marry believing women, and then divorce them before ye have touched them, no period of ´Iddat have ye to count in respect of them: so give them a present. And set them free in a handsome manner" (al-Ahzab, 33/49).

The verbs "mataa" or "amtaa" in those verses mean to enable somebody to benefit from something and to give mut`a to the women who were divorced. (Raghib al-Isfahani, al-Mufradat, p. 461)

2. It is used in the sense of mut`a marriage. In that sense, mut`a means to make a deal with a woman who has no drawback to marriage for a certain period of time in return for a certain amount of money/goods to benefit from her sexually.

This type of marriage was allowed in the first years of Islam due to obligation but it was abrogated and prohibited forever afterwards; and the marriage contracts with a certain time period were rendered invalid. For, purposes of marriage cannot be obtained from such a marriage contract. (Muhammad Ali as-Sabuni, Tafsiru Ayatil-Ahkam, I, 457)

There is also muwaqqat (temporary) marriage in the sense of mut`a marriage. This is also an invalid marriage. The difference between them is almost no more than using different words. For instance, in muwaqqat marriage, the words marriage and marry are used along with time period; in mut`a marriage, the words tamattu, or istimta`, that is, the words meaning "benefitting from sexual aspects of the woman" are used. On the other hand, witnesses and time limit are not necessary in mut`a marriage but they are necessary in muwaqqat marriage. (Ibn Abidin, Raddul-Muhtar, Istanbul 1984, III, 51, ff)

There is no clear verse determining the principles of mut`a marriage in the Quran. The only verse that can be connected with the issue is the following verse:

"Also (prohibited are) women already married, except those whom your right hands possess: Thus hath Allah ordained (Prohibitions) against you: Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property,- desiring chastity, not lust, seeing that ye derive benefit from them, give them their dowers (at least) as prescribed; but if, after a dower is prescribed, agree Mutually (to vary it), there is no blame on you, and Allah is All-knowing, All-wise." (an-Nisa, 4/24).

The word “ujur (plural of ujrah)” in the verse is regarded as mahr (dower). There is a similarity between this and the other verses mentioning mahr.

"And how could ye take it when ye have gone in unto each other, and they have Taken from you a solemn covenant" (an-Nisa, 4/21),

"And give the women (on marriage) their dower as a free gift; but if they, of their own good pleasure, remit any part of it to you, Take it and enjoy it with right good cheer." (an-Nisa, 4/4).

"It is not lawful for you, (Men), to take back any of your gifts (from your wives)" (al-Baqara, 2/229).

It is claimed that the general meaning of the first verse above includes mut`a marriage too. There is no doubt that such marriage was legitimate in the first years of Islam. However, it was abrogated afterwards. Imam Shafii and a group of scholars state that mut`a was rendered permissible first and abrogated afterwards and that it was rendered permissible again and abrogated again; that is, it was repeated twice. Some other scholars say it was rendered permissible and abrogated more than twice while some scholars say it was rendered permissible and abrogated only once and that it was not rendered permissible after that. (Ibn Kathir, Tafsirul-Qur`anil-Azim, Istanbul 1985, II, 225)

The word "istamta`tum (you benefitted/made use of)" was translated as "dakhaltum (you had sexual intercourse)". Shiite translate this word as mut`a marriage.

Ibn Abbas and a group of Companions say mut`a was rendered permissible due to obligation. On the other hand, it is reported that Ibn Abbas, Ubayy b. Ka`b, Said b. Jubayr and as-Suddi read the verse of mut`a with the addition of "to a certain period of time": …seeing that ye derive benefit from them to a certain period of time, give them their dowers (at least) as prescribed…" (an-Nisa, 4/24)

Islamic fiqh scholars agree unanimously that mut`a marriage is haram. Only Shiite oppose the view of the majority of the scholars. The views of the Shiite regarding the issue are rejected because they are contrary to the Book, Sunnah and consensus (ijma):

1) Shiite use the following verse as evidence for mut`a: "…Seeing that ye derive benefit from them, give them their dowers…" However, this verse mentions that a woman deserves to get mahr (dower) after having a legitimate marriage and after sexual intercourse. The previous sentence before it is as follows: "Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property, - desiring chastity, not lust". In this statement, fornication is expressed with the word lust (sifah).  Sifah or musafaha means to marry in order to have sexual intercourse and to take pleasure only, not in order to establish a family and have children. Since it is prohibited, muwaqqat marriage or mut`a marriage is included in the scope of this prohibition.

2) Another verse Shiite base their view on is as follows: "but if, after a dower is prescribed, agree Mutually (to vary it)," (an-Nisa, 4/24). According to them, what is meant by this verse is after the time period determined in the mut`a contract, lengthening the time by increasing the dower by the man and the time by the woman.

However, this verse states that there is no drawback to giving more or less than the amount after mahr is determined if both parties agree. (al-Alusi, Ruhul-Maani, Cairo nd, V, 5; Fakhruddin ar-Razi, at-Tafsirul-Kabir, np and nd, X, 45, 46; Elmalılı, Hak Dini Kur`an Dili, Istanbul 1936, II, 1327-1329)

As we have mentioned before, mut`a was permissible in the first periods of Islam. The following hadith reported by Tirmidhi expresses it clearly; however, he states afterwards that this decree of permissibility was abrogated: Ibn Abbas stated the following: "Mut'a marriage existed in the first days of Islam. When a person went to a town, he would marry a woman for a temporary time since he did not know anybody there. She would take care of his possessions and serve him during the period he stayed there. Thereupon, the following verse was sent down: "Who abstain from sex, Except with those joined to them in the marriage bond, or (the captives) whom their right hands possess,- for (in their case) they are free from blame" (al-Mu`minun, 23/5, 6). Ibn Abbas stated the following when this verse was sent down: "All of the marriages except these two were rendered haram." (Tirmidhi, Nikah, 29. H. No: 1122, III, 430)

With the verse above, two legitimate ways for marriage were determined and the other ways were prohibited. Mut`a marriage is a way outside those two ways. (al-Jassas, Ahkamul-Quran, Cairo, nd, III, 99)

Mut`a cannot be accepted as a marriage. Marriage and mut`a cannot be used interchangeably in language and as a fiqh term. It is possible to determine the differences between those two terms as follows:

1) Marriage contract has certain properties; marriage is not valid without them. For instance, when time period ends, this marriage contract is not affected. When the time period that is determined ends in mut’a, mut’a ends spontaneously without needing divorce.

2) In marriage contract, if the spouses divorce after sexual intercourse, the woman has to observe iddah. If the husband dies, iddah is necessary whether sexual intercourse takes place or not. (see al-Baqara, 2/228, 234) In mut`a, the death of the man does not necessitate iddah. The woman waits for one menstruation period to pass to determine whether she is pregnant or not. (see Ibn Kathir, ibid, II, 226; "Istibra" item)

3) A sound marriage contract gives rise to the right of inheritance. (see an-Nisa, 4/12) Inheritance is not in question in mut`a.

4) Marriage contract does not end unless something like death, divorce or exiting the religion occurs. Mut`a marriage ends spontaneously when its time period ends.

Those differences between marriage and mut`a show that mut`a does not have the qualities of marriage. Since it is certain that mut`a does not have the qualities of marriage or having female slaves, the following verse needs to be applied about it:

"But those whose desires exceed those limits (the marriage bond, or (the captives) whom their right hands possess) are transgressors" (al-Mu`minun, 23/7; for details, see al-Jassas, ibid, III, 98 ff)

The evidence from the Sunnah stating that Mut`a is prohibited:

It is not certain when exactly mut`a was prohibited. It is stated in the narration in Bukhari that it was prohibited on the Day of Khaybar (Bukhari, Nikah, 7/16), in the narration in Muslim during the conquest of Makkah (Muslim, Nikah, 22), in another narration in Muslim in the Battle of Awtas, which was a part of the battle of Hunayn (Muslim, Nikah, 3, H.18), in the hadiths in the Sunans of Ibn Majah and Abu Dawud during Farewell Hajj (Ibn Majah, Nikah, 44; Abu Dawud, Nikah, 14, H.No: 2072).

The following is reported from Hz. Ali:

"The Prophet (pbuh) prohibited mut`a marriage and eating the flesh of domestic donkeys on the Day of Khaybar." (Bukhari, Nikah, 31; Muslim, Nikah, 29-32; Ibn Majah, Nikah, 44)

A hadith reported from Samra b. Ma`bad al-Juhani through various ways state that mut`a was prohibited forever. Salama, who took part in the conquest of Makkah with the Messenger of Allah (pbuh), made a mut`a contract with a female slave upon the permission of the Messenger of Allah, lived with her for one or three days. He said that the Messenger of Allah (pbuh) stood between Hajar al-Aswad and the gate of the Kaaba in the morning and stated the following:

"O people’ I allowed you to make mut`a contracts with women. Allah definitely rendered it haram forever.  He who has any such woman with whom should let her off. Do not take back anything you gave to them." (Muslim, Nikah, 19, 22, 24; Ibn Majah, Nikah, 44; Darimi, Nikah, 16; Ahmad b. Hanbal, Musnad, III, 406).

It is stated in some narrations that this prohibition took place during Farewell Hajj. (see Ibn Majah, Nikah, 44, H. No: 1962)

Those contradictions about the hadiths stating when mut`a was prohibited were eliminated by hadith scholars who said mut`a was rendered haram and then permissible a few times. According to Imam Nawawi, the prohibition and permission of mut`a took place twice. He states the following: "It was permissible before Khaybar and it was prohibited in Khaybar. It was rendered permissible during the conquest of Makkah. The Incident of Awtas took place after the Conquest of Makkah. Muta was rendered haram forever three days later." (an-Nawawi, Sharhu Sahihil-Muslim, IX, 193, Alusi, ibid, V, 5, 6)

The practices of the Companions on Mut`a:

During the caliphate of Hz. Umar bin Khattab, some hesitations occurred on the decree of mut’a. Hz. Umar declared that mut’a marriage was haram and no Companion opposed him. He stated the following in the speech he made on the day he was chosen as the caliph:

'The Messenger of Allah permitted mut’a marriage for us three times; then, he forbade it. By Allah, if I hear of any married person entering a muta marriage, I will stone him to death unless he can bring me four witnesses who will testify that the Messenger of Allah allowed it after he forbade it." (Ibn Majah, Nikah, 44, H.No: 1963)

According to Hz. Ali, mut`a was prohibited by the Prophet (pbuh) on the Day of Khaybar. (see Bukhari, Nikah 29-32)

The view of Ibn Abbas on mut`a:

Those who say that mut`a was not abrogated try to base this view on Ibn Abbas. The Shiite pronunciation of the verse 24 of the chapter of an-Nisa with the addition of "ila ajalin musamma (to a determined time)" based on the qira’ah of Ibn Mas`ud and Ubayy b. Ka`b is a shaz qira’ah. It is reported that Ibn Abbas also adopted this qira’ah. Therefore, it is claimed that Ibn Abbas pronounced the verse "…seeing that ye derive benefit from them, give them their dowers (at least) as prescribed…" (an-Nisa, 4/24) with the addition of "to a determined time" and it is interpreted that he regarded mut`a permissible. Some people say Ibn Abbas regarded mut`a permissible only while travelling in cases of obligation. (al-Jassas, ibid, III, 95; Alusi, ibid, V, 5, 6).

Said b. Jubayr read a couplet to Ibn Abbas saying; "Your fatwa became widespread; poets uttered poems on it." Ibn Abbas was astonished when he heard it and said, “By Allah, I did not issue a fatwa like that. Mut`a is like carrion, blood and pork. Therefore, it becomes permissible only when there is an obligation." (Alusi, ibid, V, 6; al-Jassas, ibid, III, 95)

Ata reports the following from Ibn Abbas: "May Allah show mercy on Umar! Mut`a, is nothing but a mercy of Allah for the ummah of Muhammad. If Umar had not prohibited it, very few people would have committed fornication." (al-Jassas, ibid, III, 96). According to what Abdullah b. Wahb reports, a man came to Ibn Abbas and said, "When I was on an expedition with my female slave and my friends, I rendered my female slave permissible for my friends and they made use (yastamtiuna) of her." Thereupon, Ibn Abbas said, "This is clear fornication (sifah)." (al-Jassas, ibid, III, 96, 97)

It is possible to evaluate the conclusion of those views reported from Ibn Abbas as follows:

1) In some narrations, Ibn Abbas regards mut’a permissible without expressing the conditions of travelling and obligation.

2) He mentions the permissibility of mut’a in cases of obligation like eating carrion and pig in cases of obligation.

3) He holds the view that mut`a marriage was abrogated. We can answer them as follows:

It is not an evidence for Ibn Abbas to regard mut’a permissible by interpreting verse 24 of the chapter of an-Nisa. For, as it is explained above, there is no indication about the permissibility of mut`a in the verse. On the contrary, the verse includes the prohibition of mut`a.

It is not an appropriate analogy for him to liken mut`a to carrion and pork and to regard it permissible when there is an obligation. For, the obligation that renders harams halal cannot be in question in mut`a. Carrion and pork becomes permissible due to obligation lest one should die. However, a person will not die or none of his organs will be destroyed if he does not have a sexual intercourse. On the other hand, the Messenger of Allah advised the single people who could not afford to marry to fast. There may be an apprehension in the narration that regards mut`a permissible in case of obligation. For, it cannot be thought that a person like Ibn Abbas did not understand the issue.

In conclusion, the soundest narration regarding the issue reported from Ibn Abbas is the narration of Tirmidhi stating that he regards mut`a marriage haram and that he gave up his previous view. This is the preferable view. (For details, see al-Jassas, ibid, III, 99, 97 ff; Alusi, ibid, V, 5 ff; Ibn Kathir, ibid, III, 226; Fakhruddin ar-Razi, at-Tafsirul-Kabir, X, 48 ff; Ibn Abidin, Raddul-Muhtar, Istanbul 1984, III, 51 ff; Elmalılı, Hak Dini Kur`an Dili, İstanbul 1936, II, 1327-1329, IV, 3429, 3430)

Hamdi DÖNDÜREN

Marriage is encouraged by our religion both in the Quran and in the Sunnah. Your age is very suitable for marriage.

Do not forget that the first thing you should do when choosing a spouse is not to regard the beauty, financial and social status of your spouse, but her piety (taqwa), which is indispensable, religiousness and devoutness. This worldly life is short and consists of a test. Our real home is the eternal realm. And one of the most important factors that will affect our eternal realm will be the choice of a spouse.

Therefore, the indispensable quality of the person you want to marry must be taqwa.

After that, the approval the families of both the man and the woman is very important. If families have reservations about marriage, you should leave your “ego” aside and try to understand the reason for it since the parents of both parties will not want their children’s misery and unhappiness by cooperating; and we should not forget that the life experience of four people in their 40s and 50s is many times more than a person in his 20s.

If the mutual agreement is reached, the rest is only details. In other words, if the couples have taqwa and if their families give consent, it does not matter whether they have a little or a lot of wealth. Days with financial difficulties will be overcome by Allah’s leave, and with the means that we cannot know, especially from families and Lord.

As a matter of fact, our Lord states the following in the Quran:

“Marry those among you who are single, or the virtuous ones among yourselves, male or female: if they are in poverty, Allah will give them means out of His grace: for Allah encompasseth all, and He knoweth all things.” (an-Nur, 24/32)

We should say that your statement “I want to receive an expensive education” is not very appropriate because being expensive does not mean that it will be good and useful; similarly, being cheap or free does not mean that it is bad or harmful.

What matters here is whether you as a 23-year-old man really need such an education. What will you gain if you receive this education with great sacrifices? What will you lose if you do not receive it? Is it guaranteed?

We advise you to act regarding the issue by consulting with your family elders and family friends, who know you and your current material and moral conditions well, and whom you trust, and not to make an impulse decision regarding the issue, as in all issues.

While doing them, you should not neglect your request for help from our Lord by wishing the best for everything patiently and by performing prayers.

Do not forget that these questions, which seem like problems to you, are the questions, similar or different ones, experienced by millions of people your age.

What you and all the young people in your position need to do is, after doing what we have tried to summarize up to now, to say, “So, this is the best for us since our Lord has ordained it for us” and rely on Allah for the things that happen.

Men are advised to marry "fertile/prolific" women. The Prophet’s advice to some of his Companions to marry virgins seems to be related to fertility because age is important for fertility.

It does not mean "never marry women who cannot have children". There is no drawback to marrying them. We think the fertility of a woman means being at an age that can give birth to children. They are generally virgins.

That the Prophet (pbuh) himself married the women that could not have children due to old age proves that there is no drawback to marrying women who cannot have children. Accordingly, it is religiously permissible to marry a woman who cannot have a child.

The Prophet (pbuh) attracted attention to the importance of having children for the continuation of humanity by encouraging people to marry virgin and fertile women. As a matter of fact, the Prophet states the following in a hadith: 

"Marry affectionate/loving and fertile women. For, I will be proud of you in the presence of other ummahs on the Day of Judgment." (Abu Dawud, Nikah, 2; Ibn Majah, Nikah,1; al-Fiqhul-Islami, VII/13)

People in different locations can meet, get together and talk to one another by hearing their voices through the Internet.

In international relations and trade, agreements are made, very important issues are discussed and decisions are made by using the phone and internet communication.

In the face of all those new developments, if the people to be married and the witnesses come together on the internet and make an Islamic marriage (nikah), that marriage contract will be valid if it is recorded. Recording is a safety measure; it is not a condition for the validity of the contract because there are witnesses in case of denial.

However, nikahs without official registration pose many problems. For this reason, in any case, it should be noted that it is not appropriate to have a nikah without official registration.

Th reasons are as follows:

Nikah is a marriage contract that imposes serious religious and legal rights, as well as responsibilities on both parties.

In this respect, it is of great importance that the marriage contract is done in the most ideal way and that there is no doubt, imputation or abuse in its content.

As a matter of fact, the marriage is not regarded enough with the consent of the bride and groom; the issues like the knowledge and permission of the parents (or guardians), the presence of at least two witnesses with the necessary conditions and the announcement of the wedding show the sensitivity shown to the nikah in our religion.

In this context, those who want to marry should have their marriage done within the above-mentioned criteria and by registering officially.

Accordingly, it would be appropriate to avoid marriage contract in real or virtual environments that are likely to cause some problems and abuse without being officially registered.

There is also “muwaqqat (temporary) marriage” in the sense of muta marriage. It is also an invalid marriage. The difference between them is almost no more than using different words. For instance, in temporary marriage, the words nikah and tazwij, which express marriage, are used along with the time period; in muta marriage, the word tamattu or istimta, which expresses "making use of the woman sexually" is used. On the other hand, in muta marriage, witnesses and limitation of time are not necessary. In temporary marriage, they are necessary. (Ibn Abidin, Raddul-Muhtar, Istanbul 1984, III, 51, ff)

As it is understood from the decree above, temporary marriage that is made without paying any money is not permissible.

- They married girls when they reached puberty. It is contrary to the methodology of the science of history to judge relative quantities by viewing them from the twenty-first century.

After this brief information, let us go into detail:

- Hz. Umar married Hz. Ali’s daughter with his permission. He entered the nuptial chamber only after walima, which has an important place in Islam, that is, after having a kind of wedding and giving a feast; they were declared as husband and wife, and entered the nuptial chamber after that.

Accordingly, it is not possible for Hz. Umar to marry Umm Kulthum and enter the nuptial chamber with her without Hz. Ali’s knowledge.

In that case, the same ruthless criticism made about Hz. Umar should be made for Hz. Ali too because if it is a crime, they are partners - God forbid - of the same crime.

- The age of marriage is not based on a definite age in Islam. However, the issue of puberty differs according to body structures and geographies.

We should state at this point that it is certain that the age of fifteen is not biologically obligatory for girls to get married. The fact that hundreds of thousands of marriages take place under that age is clear proof of it.

It means there is no harm in terms of biological structure of a girl in marrying at the age of twelve or thirteen.

Doubtlessly, it should not be overlooked that not only age but also maturity is essential. However, being sane and cognizant can vary from girl to girl, from person to person. We think Umm Kulthum was one of those exceptional girls.

- On the other hand, there are different narrations about that marriage. According to Dhahabi, Hz. Umar married Umm Kulthum in the 17th year of the Migration (For more information, see Tarikhul-Khamis, II, 284; Dhakhairul-Uqba, pp. 148-170; al-Khulafaur-Rashidin, p. 68)

- We can state the following based on the information in historical sources:

Umm Kulthum was born at the beginning of the 6th year of the Migration. Since the marriage took place with Hz. Umar in the month of Dhul-Qadah in the 17th year of the Migration, Umm Kulthum was about twelve or thirteen years old then. We can understand from many marriages made at that time that this age might be a normal marriage age in hot climates such as the region of Hejaz.

- In fact, the reason why Hz. Umar wanted to marry Umm Kulthum was not sex but spirituality. As a matter of fact, he explains that spiritual/immaterial reason as follows:

“I heard the Messenger of Allah (pbuh) say: ‘All causes/ties, ancestry (lineages) and kinships end except for my cause, my lineage, and my kinship.’”

In another narration, the following addition exists: “I also wanted a kinship between me and the Messenger of Allah (pbuh) to occur through a cause and marriage.” (Dhakhairul-Uqba, pp. 168-169)

- As for the issue of mahr:

We could not find any information related to the soundness of that narration.

In Islam, mahr is given based on marriage, not age.

An unmentioned mahr at the time of marriage is determined based on the mahr of the girl’s close relatives.

Thus, mahr occurs based on marriage, not on age. Mahr occurring through a legitimate marriage contract and the ‘fee’ paid for unlawful marriages made on the basis of temporary desires such as ‘muta marriage’ are very different from each other.

If we make a simile, mahr is like grapes. The fees for a muta marriage or other illegitimate relationship are like wine made from grapes; the former is halal and the latter is haram.

It is necessary to deal with the polygamy of the Prophet (pbuh) taking the conditions of the age he lived in into consideration. Besides, the Prophet (pbuh) married at the age of twenty-five a woman who was 40 years old and lived with her for many years. He did not marry anybody else until his first wife Khadija died.

This marriage of the Messenger of Allah (pbuh) lasted for 25 years. All of his children except Ibrahim were born of this woman. When she died, the Messenger of Allah (pbuh) was 50 years old. That is, the Prophet (pbuh) spent most of his marriage life, his youth and years of maturity only with this woman, who was 15 years older than him.

The polygamy of the Prophet (pbuh) took place after the age of 50 and all of them are based on certain reasons.

If the men living in this age want to imitate the Prophet (pbuh) regarding marriage, they should not forget about his first marriage.

- In Islamic fiqh, the age of puberty is related to age and menstruation, as well as being strong enough for sexual intercourse. It is a well-known fact that the difference of bodies causes different states regarding the issue.

- Therefore, Islamic scholars state that it is not permissible to hand over a little girl who is too weak to have sexual intercourse to a man - though it is permissible to marry her - rather than taking the concept of “puberty” into consideration. (al-Mawsuatul-Fiqhiyyatul-Kuwaytiyya, 30/122; Hashiyatud-Dassuki, 2/298; Mughnil-Muhtaj, 4/373; Kashshaful-Qina’, 5/186)

Therefore, the vast majority of fiqh scholars argued that the guardian could marry the child under his guardianship off - whether or not she was mumayyiz (discerning minor) without obtaining her consent provided that it was useful for her but that she would stay with her family until she reached the age of puberty since the actual marriage life could not be started. (al-Fatawal-Hindiyya, I, 287)

So, making the marriage contract does not mean entering the nuptial chamber. For example, a child can be married off and such a marriage contract is valid according to most of the scholars. However, until the girl reaches the age of puberty and accepts marriage, actual intercourse is not permissible. According to Abu Hanifa, that age is “seventeen”.

Some early period fiqh scholars such as Abdullah b. Shubruma, Uthman al-Batti and Abu Bakr al-Asam, stated that parents were not authorized to marry minors off on the grounds that they did not know the meaning and nature of marriage and had no need for marriage in any way. (Sarakhsi, IV, 212)

That view was preferred in the 7th article of the 1917 Ottoman Law of the Family Decree.

Answer 1:

Let us first determine the meaning of the verse in question: There are three types of people in the verse:

- Polytheists (mushriks), 
- Those who regard adultery/fornication as halal and treat it as unimportant,
- Those who are not like that. 

Firstly: A believing man or a believing woman cannot marry a polytheistic woman or man; it is absolutely haram; it is regarded as fornication.

Secondly: If the adulterer and the adulteress are those who consider adultery/fornication permissible or who treat adultery and fornication as unimportant such as the owners of brothels and the women they use there, who are the reason for the revelation of the verse, they are like polytheists since it is regarded unbelief to accept something definitely haram as halal or treat it as unimportant, their marriage is not valid; it is absolutely haram, and it is like a marriage of polytheists. Therefore, the man and woman committing fornication are regarded equal to polytheistic men and women in the verse, and the following is stated: "to the believers such a thing is forbidden".

The verse is evidence that the marrying those in first two groups is haram. However, those who have truly repented are excluded.

Thirdly: The marriage of a man or woman whose fornication has been determined but have displayed no evidence of unbelief and who do not regard fornication as halal or treat it as unimportant with chaste believers is valid though it is makruh tahrimi or tanzihi; their marriage is valid.

We can summarize the answer to the question as follows: There is no religious drawback to the believing men and women who committed fornication marrying each other, whether they repent or not. There is no harm in the marriage of a chaste person who did not commit fornication with a person who committed fornication in terms of the validity of the marriage.

However, it is not free of karahah for a chaste person to marry a person determined to have committed fornication. In addition to the effect of the bad environment, it may be possible that the bad thoughts of the people around them will implicate them.

Answer 2:

It is permissible for a chaste person to marry a person who committed fornication and then repented; the marriage is valid.

In fact, the principle here is this: According to the majority of scholars, no sin, including fornication, prevents marriage. They are not included in the validity conditions of the marriage. The only thing that prevents marriage is the difference of religion.

Since marrying Jewish and Christian women who are People of the Book is approved by the Quran, it is not permissible for Muslim men to marry the women of non-Islamic religions except the People of the Book.

It is not necessary for Muslims who committed fornication to repent in order to marry each other. If there is a negative atmosphere according to the customs of the environment, the marriage is still valid, though it is makruh.

It is stated in the Holy Quran that marriage is a proof of Allah’s existence and power. In addition, the love and affection of the spouses for each other are underlined and the basic pillars of marriage are virtually expressed between the lines:

“And among His Signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquility with them, and He has put love and mercy between your (hearts): verily in that are Signs for those who reflect.” (ar-Rum, 30/21)

Our religion regards the family formed by a marriage performed in accordance with its conditions as the foundation and basis of a good nation. Everything has a purpose; the purpose of marriage should be to raise a generation that will please Allah and His Messenger. As a matter of fact, the Prophet (pbuh) states the following in a hadith:

"Marry and increase in number; I will be proud of your large number on the Day of Judgment." (Abdurrazzaq, Musannaf, 6/173; Kanzul-Ummal, 16/276)

When we consider the verse and hadith above, as well as other verses and hadiths, it is possible to speak extensively about the purpose of and wisdom behind marriage. Our scholars have given detailed explanations regarding the issue in different sources.

For example, in his explanations shedding light on the views of the fiqh scholars on the nature of the marriage contract, Sarakhsi establishes a connection with the lexical meaning of marriage and states that marriage
- is a contract that legitimizes sexual intercourse,
- binds the spouses together like a single body to form a partnership of life,
- has the purpose of providing material and spiritual benefits for the parties.
- And he states that satisfying sexual desires is essentially a means serving the primary purpose of marriage, which is the perpetuation of human race. (see Mabsuṭ, IV, 192; XVI, 123)

It is also emphasized by many fiqh scholars that the marriage union formed by the marriage contract should be based on the understanding of life partnership based on mutual love and respect of the spouses and on the principle of permanence and hence Islam has put an end to the practice of temporary marriage and it is not permissible to terminate the marriage unless there is a necessity.

Badiuzzaman Said Nursi expresses the importance and purpose of marriage with the following concise words:

“Concerning marriage, one of man’s most intense needs is to have someone respond to him with heartfelt love and to share with [his partner] pleasure and intimacy, and for them to together feel wonder (at the divine bounties) and to ponder over them.” (Badiuzzaman Said Nursî, İşârâtü’l-İ’câz, p. 147)

In other words, according to Islam, marriage and the institution of family is a very necessary and indispensable value in terms of raising a generation, bringing up children, protecting the generation and preserving human dignity; it is both a physical need and a fundamental ground for spiritual development because marriage satisfies the desires of the soul with legitimate measures and goals, and leads to the establishment of families full of peace and happiness and the raising of good generations.

So, marriage is a very necessary institution for practicing and protecting one’s religious and worldly life in the best way possible. Therefore, while getting married, it is necessary to choose pious spouses with high ethics and to try to establish a religious family.

The best aspect of the family is the children, who are the fruits of the heart. A family home where a person leads a peaceful life with his wife and children is a corner of Paradise.

Some Verses of the Quran Regarding Marriage:

“Do not marry unbelieving women (idolaters), until they believe: A slave woman who believes is better than an unbelieving woman, even though she allures you. Nor marry (your girls) to unbelievers until they believe: A man slave who believes is better than an unbeliever, even though he allures you. Unbelievers do (but) beckon you to the Fire. But Allah beckons by His Grace to the Garden (of bliss) and forgiveness, and makes His Signs clear to mankind: That they may celebrate His praise.” (al-Baqara, 2/221)

“Also (prohibited are) women already married, except those whom your right hands possess: Thus hath Allah ordained (Prohibitions) against you: Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property,- desiring chastity, not lust, seeing that ye derive benefit from them, give them their dowers (at least) as prescribed; but if, after a dower is prescribed, agree Mutually (to vary it), there is no blame on you, and Allah is All-knowing, All-wise.” (an-Nisa, 4/24)

“They ask thy instruction concerning the women say: Allah doth instruct you about them: And (remember) what hath been rehearsed unto you in the Book, concerning the orphans of women to whom ye give not the portions prescribed, and yet whom ye desire to marry, as also concerning the children who are weak and oppressed: that ye stand firm for justice to orphans. There is not a good deed which ye do, but Allah is well-acquainted therewith.” (an-Nisa, 4/127)

“This day are (all) things good and pure made lawful unto you. The food of the People of the Book is lawful unto you and yours is lawful unto them. (Lawful unto you in marriage) are (not only) chaste women who are believers, but chaste women among the People of the Book, revealed before your time,- when ye give them their due dowers, and desire chastity, not lewdness, nor secret intrigues if any one rejects faith, fruitless is his work, and in the Hereafter he will be in the ranks of those who have lost (all spiritual good).” (al-Maida, 5/5)

“And Allah has made for you mates (and companions) of your own nature, and made for you, out of them, sons and daughters and grandchildren, and provided for you sustenance of the best: will they then believe in vain things, and be ungrateful for Allah’s favors?” (an-Nahl, 16/72)

“Marry those among you who are single, or the virtuous ones among yourselves, male or female: if they are in poverty, Allah will give them means out of His grace: for Allah encompasseth all, and he knoweth all things.” (an-Nur, 24/32)

“Let those who find not the wherewithal for marriage keep themselves chaste, until Allah gives them means out of His grace…” (an-Nur, 24/33)

“They are your garments and ye are their garments.” (al-Baqara, 2/187)

Some Hadiths Regarding Marriage:

“He who gets married completes half of his belief; he should fear Allah for the other half!” (Haythami, IV, 252)

“One of the most encouraged deeds is to mediate between two people and to help them for marriage.” (Ibn Majah, Nikah, 49)

“A man marries a woman for one of four reasons: Her wealth, her lineage, her beauty and her piety. Choose the pious one so that you will attain goodness and blessings!” (Bukhari, Nikah, 15, Muslim, Rada, 53)

“Marriage is my sunnah. Whoever does not follow my Sunnah is not from me. Get married! I will be proud of your great number compared to other nations. Whoever has the financial means should get married immediately. And whoever does not have the means should perform nafilah fasting. Fasting is a means of preventing his lust.” (Ibn Majah, Nikah, 1/1846)

“Do not delay three things. Prayer (salah) when its time period starts, dead body when it is ready for funeral and marriage of a single person when his/her equivalent is found.” (Tirmidhi, Salah, 13/171)

“O young people! Those who can afford to marry among you should marry.” (Bukhari, Nikah, 3; Muslim, Nikah, 1)

“Marriage is my sunnah. Whoever does not follow my Sunnah is not from me. Get married! I will be proud of your great number compared to other nations.” (Ibn Majah, Nikah, 1)

“He who can afford to marry should marry because marriage protects the eye from haram and protects chastity…” (Bukhari, Sawm, 10)

“The best marriage is the one with little expenditure.” (Abu Davud, Nikah, 32)

“How terrible it is to have a wedding dinner where the rich are invited and the poor are not.” (Bukhari, Nikah 72; Muslim, Nikah 107)

“O people! Respect the rights of women! Treat them with compassion and love! I advise you to fear Allah about them. You have taken women as the trust of Allah, and you have made their honor and chastity lawful by promising them in the name of Allah!” (Sahîh-i Buharî Muhtasarı, X. 398)

“Get married; do not divorce!.. The Throne (Arsh) trembles due to divorce…” (Ali al-Muttaqi, IX, 1161/27874)

“If a person awakens his wife at night and they pray two rak’ahs together or each of them prays alone, he will be listed among the men who remember Allah much and his wife will be listed among the women who remember Allah much” (Abu Dawud, Tatawwu 18, Witr 13)

“May Allah have mercy on the one who gets up at night, prays and awakens his wife, and sprinkles water on her face to wake her up and if she does not wake up! May Allah have mercy on the woman who gets up at night, prays and awakens her husband, and sprinkles water on his face to wake him up if he does not wake up!” (Abu Dawud, Tatawwu 18, Witr 13)

“A righteous woman makes her husband happy when he looks at her, fulfills his legitimate wishes, and protects both his property and honor in his absence.” (Ibn Majah, Nikah, 5/1857)

“If a woman who has pleased her husband dies, she will go to Paradise.” (Tirmidhi, Rada, 10)

“The world is only a temporary benefit. Its best benefit is a pious woman” (Muslim, Rada, 64)

“The most precious of all things is a tongue that makes dhikr, a heart that gives thanks, and a righteous wife who helps her husband in terms of belief …” (Tirmidhi, Tafsir 9/9)

“A person who can easily marry but does not marry is not from me.” (Bayhaqi, Shu’ab, VII, 338/5095)

The Prophet (pbuh) gives believers the following advice:

"A woman may be married for four things: Her wealth, her lineage, her beauty or for her religion. Choose the religious one in order to be happy." (Ibn Majah, Nikah: 6)

It is the advice of the Prophet to give importance to the religious aspect of a woman along with other characteristics. Therefore, it is the most important point a Muslim has to consider. Women should also give importance to religiousness and high ethics while deciding about a man to marry.

We could not find any details regarding the issue in the verses of the Quran and hadiths.

However, according to some scholars, Pharaoh had children, but only daughters, not sons. Therefore, Asiya said for Moses, “we may adopt him as a son” (al-Qasas, 28/9). (see Mujahid, Tafsir, the interpretation of the verse in question)

According to some other scholars, Asiya did not have any children; therefore, she loved him as soon as she saw him and wanted to adopt him. (see Razi, Ibn Kathir, Qurtubi, Maraghi, the interpretation of the verse in question)

Some scholars state the following: “Asiya could not have children because she was infertile.” (see Muhammad b. Latif, Awdahut-Tafasir, the interpretation of the verse in question)

According to Alusi’s narration from Ibn Abbas, Pharaoh had only one daughter at that time... (see Alusi, the interpretation of the verse in question)

It is understood from the information above that there are no verses or hadiths mentioning whether Pharaoh and his wife or one of them were infertile or not.

The meaning of the verse in question is as follows:

“Also (prohibited are) women already married, except those whom your right hands possess: Thus hath Allah ordained (Prohibitions) against you: Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property,- desiring chastity, not lust, seeing that ye derive benefit from them, give them their dowers (at least) as prescribed; but if, after a dower is prescribed, agree Mutually (to vary it), there is no blame on you, and Allah is All-knowing, All-wise.” (an-Nisa, 4/24)

As it is clearly stated in the verse, it is haram to marry women who have husbands in Islam. However, prisoners of war are excluded from this rule. That is to say, the wives of the enemy unbelievers who are taken captive as booty in the war are also considered as booty property; they are treated as slaves, and hence they become halal for whomever they are given to.

In the sources of tafsir, the views of some Companions, especially Ibn Abbas, supporting the meaning of this verse are also included. (see Tabari, the interpretation of the verse in question)

There is a slavery status that started thousands of years before Islam. According to this status, men are treated as slaves and women as concubines. In those practices, women are considered a booty regardless of being married or not.

When the religion of Islam came, the institution of slavery, which was valid all over the world, was a very common law. There was no way Islam could abolish it completely. There are also books written on the issue. It is possible to see some information about it in our website.

So, the relevant decree of the chapter of an-Nisa is the ruling of a law that is in force around the world, and Islam did not abolish it because if Islam had abolished it, the unbelievers would have taken courage from it and fought them more fiercely. Especially for the Arab polytheists of that day, no formula could have played a deterrent role as much as the capture of their wives. (See Ibn Ashur, ibid)

However, it is known that Islam not only improves this status in different ways, but also encourages the liberation of slaves at every opportunity.

Based on the decree of this verse, Islamic scholars unanimously put forward the following decree:

“When one of the unbelieving spouses is taken captive in war and brought to the land of Islam, the marriage bond between them automatically ends.” (Razi, the interpretation of the relevant verse)

There are different opinions related to both spouses are taken captive together and brought to the land of Islam.

According to Imam Shafii, in this case, too, their marriage bond ends. The owner of the female slave can marry the woman after the waiting period of iddah (until menstruation).

According to Imam Abu Hanifa, if the husband and wife are taken captive together and brought to the land of Islam, their marriage will continue. (See Razi, Ibn Ashur, the interpretation of the verse in question)

A woman cannot be married without her consent.

It is not permissible to marry a woman without her consent.

Even if their guardians have conducted their marriage, they are considered not to have reached the age of marriage (in this sense, puberty) unless the boy turns 18 and the girl turns 17.

In fiqh, there are differences in ijtihad on such issues. Islamic Sharia is not only one of them.

The Ottoman State used to apply Shari’ah rules. The relevant article in the 1917 legislation is as follows:

Article 4. In order to be authorized for marriage, it is necessary for the male to be over the age of 18 and the girl, woman to be over 17 years old.

Article 7. A young boy who has not completed the age of 12 and a young girl who has not completed the age of 9 cannot be forced to marry by anyone.

Reason:

Since the four imams hold the view that it is permissible for the guardians of the young boy and girl to marry them off, the practice has been like that so far. However, it has been deemed necessary to adopt another method due to the change of circumstances in our time:

At all times and especially at this time, when the struggle for life is extremely violent, the first duty of the parents for children is to train and educate them so that they can be successful in this world and reach the state to establish an orderly family. However, in our country, parents generally neglected the education and upbringing of their children completely and betrothed them while they were still in the cradle in order to see their happiness or to enable them to inherit their property.

As a result, helpless young people were married off without enjoying life and their weddings became the basis for their disasters. Most of the families formed by such children who did not go to school, who could not read and write even a word about and who did not know any order of the religion were sentenced to destruction in the first months of their marriage like stillbirths.

In our country, this is one of the reasons that cause the unfoundedness of families.

In order to understand the degree of lawsuits arising from such marriages, it is enough to have a look at the parts dealing with the parents’ and even the guardians’ marrying off the young children in fiqh books, and the chapters dealing with the use of the state of the choice of puberty of young children in the Family Law Decree 77, and to examine the records of the courts of Shari’ah.

In fact, Ibn Shubruma and Abu Bakril-Asam hold the view that the guardianship for young children is aimed at only for the benefit of them, and that even in places where there is no need, such as acceptance of donations, the guardianship will not be certain, and it is not permissible for anyone to marry them off since there is no expected religious benefit in terms of their nature and lineage and since they do not need to marry; they also add that marriage in particular is not something temporary and that it is a contract that lasts lifelong and even and if the marriage contract that the guardians conducted for them is valid, no one has the right to act in a way that will limit their action after the marriage. Since the disastrous experiences that have continued for centuries confirmed this opinion of the two scholars in question, their opinion was accepted and article seven was arranged in that way.

According to these articles and justifications, unless boys are 12 years old and girls are nine years old, someone else cannot marry them off. Even if their guardians conduct their marriage, they are considered not to have reached the age of marriage (in this sense, puberty) unless the boy turns 18 and the girl turns 17.

This ijtihad and regulation are an Islamic solution. Moreover, it was applied for a while in a state like the Ottoman State.

Once the Islamic state decides to apply one ijtihad, judges cannot apply other ijtihads.

No condition that is contrary to the nature and legal consequences of the contract or that binds the formation of the contract to itself can be added to it.

Binding contracts can be made in the free area.

The function of the witness in marriage is to hear and understand the question and the answer about the marriage. Therefore, witnesses have to be in the same place together. If they witness the marriage in different places, or in the same place but at different times, their witnessing is not valid. Both witnesses have to hear what the couple to marry say in the same place.

The marriage made with witnesses that have the necessary qualities is valid.

The qualities that are necessary for witnesses are as follows:

a. The witness must be sane and have reached the age of puberty. The witnessing by an insane person or a small child is not valid.

b. There must be two male witnesses or a male and two female witnesses. Marriage with one witness is not valid. For, the following is stated in a hadith:

"Marriage is not valid unless there is a guardian and two just witnesses." (Abu Dawud, Nikah, 19)

Allah states the following:

"Get two witnesses, out of your own men, and if there are not two men, then a man and two women, such as ye choose, for witnesses." (al-Baqara, 2/282)

According to Imam Shafii, this verse does not include marriage contract. It is necessary for both witnesses to become male in marriage as it is the case in qisas and other religious penalties. Hanbalis and Malikis hold the same view too.

According to Hanafis, women are a party of the marriage; they can be witnesses in marriage as two women for one man. Their witnessing is not accepted in the cases of hadd and qisas due to their forgetting and heedlessness. For, hadd penalties become invalid when there is doubt. (see as-Sarakhsi al-Mabsut, Egypt 1324-1331/1906-1912, V, 32, 33; az-Zuhayli, VII, 74, 75; Hamdi Döndüren, p. 208, 209)

c. The witness must be free (not a slave).

The majority of scholars accept Hanbalis say witnesses have to be free. According to Hanbalis, a slave can be a witness in both marriage and other issues because there is no verse, hadith or ijma prohibiting it. (az-Zuhayli, VII, 75)

d. The witness must be a Muslim.

In a marriage where both parties are Muslim, it is unanimously agreed that both witnesses must be Muslims. For, a non-Muslim has no right of guardianship over a Muslims. (see an-Nisa, 4/141; al-Qasani, II, 253). According to Abu Hanifa and Abu Yusuf, if both parties or only the woman is from the People of the Book, the witnesses can be from the People of the Book.

e. According to the majority of fiqh scholars, the ability to see is not a condition; it is necessary to have the ability to hear and understand. Therefore, the witness has to understand the words in the contract of marriage. For, this is the purpose of witnessing. Otherwise, the witness may regard an engagement ceremony as marriage. It will cause misunderstandings in the community.

f. The witnesses can be the ancestors, the offspring, or other relatives of the couple to get married. Accordingly, the mother, father, grandfather, grandmother, sons or daughters of the spouses can be witnesses if they have the qualities mentioned above. According to the majority, if one of those relatives takes part in the marriage as a guardian, he cannot be a witness. (al-Qasani, II / 253, 254; al-Fatawa al-Hindiyya, I / 267, 268).

g. According to Hanafis, it is not necessary for the witnesses to be just. The witnessing of two sinners is enough. For, a sinner can be a guardian.

If a marriage is done with the witnesses that are in accordance with the conditions mentioned above, that marriage is valid.

It will be useful to mention some points that will shed light on the issue of polygamy in Islam:

a) First of all, it is necessary to state the following: Islam did not start polygamy; it imposed certain restrictions on a system that adopted marriage with an unlimited number of women.

b) Marrying more than one woman is not a “command” for all believers, but a “permission” given related to some cases.

c) Men who marry more than one (up to four) woman are charged with the duty of “treating their wives justly”. Otherwise, they are warned against the penalty of Allah.

- The following is stated in a verse:

“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.” (an-Nisa, 4/3)

- The Prophet states the following:

“If a man has two wives and favors one of them over the other, he will come on the Day of Resurrection with one of his sides paralyzed.” (Ibn Majah, Nikah, 47)

d) It is clear what kind of difficulties women who are in need of care and who are left unattended and the society in which they live can have in cases of wars, etc. when men are killed in great numbers. To whom can a woman who needs to earn her living somehow apply and what difficulties will she encounter in such cases? The best example of it occurred in Germany after the Second World War. There were five or six women per man. And for this reason, the German authorities began to advocate polygamy openly.

e) The main purpose of marriage is to continue human race. There is no doubt that the most important wisdom behind Allah’s creation of humans is HUMAN reproduction. It is quite reasonable that this reproduction is based on a certain law/principle. Nobody in the world is allowed to produce goods in someone else’s factory without permission. If marriage, which is the way of reproduction of humans, is made with more than one woman, this population increase will be even more. Human history adopted polygamy for such reasons long before Islam.

f) However, a woman has the freedom to marry and to choose a spouse in Islam. She might not marry a polygamous man. In addition, there may always be a need for polygamy in the worldly life due to health, social reasons, wars and other secondary reasons. 

g) “Although marrying up to four women is compatible with nature, reason and wisdom, shari’ah did not increase it from one to four; on the contrary, shari’ah reduced it from eight-night to four.”

“Besides, shari’ah imposed such conditions related to the number of wives that there is no harm in acting accordingly. Even if it is evil at some points, it is the lesser evil. The lesser evil is relative justice. Unfortunately, it is impossible for everything to be absolutely good in the world.” (see Münazarat, p. 82)

“It is clear that everyone wants lots of children. There is no nation or government that does not support an increase in population. In fact, God’s Most Noble Messenger (Upon whom be blessings and peace) said: تَنَاكَحُوا تَكَاثَرُوا فَاِنِّى اُبَاهِى بِكُمُ اْلاُمَمَ (Bayhaqi, 7/81) That is, ‘Marry and increase, for at the Last Day I shall take pride in your large numbers.’” (see Lem’alar, p. 198)

As a matter of fact, in the laws of ancient Persia, China and Brahmins, and in the laws of Hammurabi in Babylon, polygamy was accepted. In Roman law, there was living together without being married. (see Mahmut Es’ad, Tarih-i İlm-i Hukuk, İstanbul 1331/1912, pp. 75, 97, 139, 141, 149, 165, 173, 175)

Permission to marry more than one woman might become a social need

The issue of polygamy has been severely criticized in the Western world; it has been said that it eliminates the equality of men and women, hinders the rights and freedom of women, harms the modern lifestyle and that it is a remnant of backwardness and primitivism; the same views have been repeated by some circles in Islamic countries too.

However, some Western thinkers made contrary statements and stated that polygamy should be legitimized and that it was an exemplary system in terms of social, moral and economic aspects. They accused those who criticized polygamy of hypocrisy by stating that there was actual polygamy committed illegitimately in the West. German philosopher Schopenhauer and French physician and psychologist Gustave Le Bon have interesting views regarding the issue. (See Nizamu Taaddudiz-Zawjat fil-Islam, Cairo 1985, p. 217 ff.)

It is not appropriate to view the issue from only one viewpoint

It seems that most of those who criticize the attitude of the religion of Islam, which recommends marriage with one woman in principle, about polygamy do not know enough about the decree regarding the issue and think that the permission given depending on some conditions is a religious command and necessity. It is not appropriate for the critics who tolerate extramarital relationships to consider the issue only in terms of women’s rights.

In fact, it cannot be said that the practice of polygamy is against all women. In terms of individuals, there are women who suffer from polygamy, and there are also individuals and societies that benefit from it, including the woman herself.

Polygamy has not been so common

In case of having a relationship with more than one woman, which is much more common than it is thought in societies, if the issue is not made legal, the second woman suffers in terms of various rights, social pressure and similar aspects; the first woman also suffers from various problems of being the wife of a man who resorts to illegitimate ways. In addition, the family institution and society will have various problems due to the children to be born out of such relationships.

Polygamy should be regarded as a permission of Islam that can be used under certain conditions and limitations, a solution that provides balance in the society and solves some problems, and a kind of “social insurance”.

In fact, the dominance of monogamy in Muslim societies for a long time, the fact that at most 10% of men tend to polygamy and that they generally regard two women enough prove it.

On the other hand, this practice continues, though to a certain extent, in the Islamic countries where polygamy is prohibited by law, and efforts are made to eliminate the grievances caused by this de facto situation with legal measures. It seems more appropriate for the social phenomenon and structure of Muslim societies to register and legalize polygamy, which is mainly based on religious permission and bilateral consent, instead of preventing it by legal regulations.

Offers contrary to nature cannot be made on behalf of equality

Among those who approach the issue of polygamy in terms of gender equality, there are also those who say that the right given to men was not given to women. It is unthinkable for Islam to have a positive view related to the practice of polyandry, which no human being whose nature is intact can accept. This practice, which is extremely objectionable in terms of not only male-female relations but also legal rules that regulate family and social relations such as lineage, alimony and inheritance, has not been supported throughout history except for the limited practice in some Eskimo, Indian and African tribes.

Conclusion

To sum up, Islam does not address only one society and only one period of time. Islam is a universal religion. In times of war, the number of women in countries might be much higher than the number of men. It might become a necessity for a man to marry more than one woman in order to protect women, prevent them from being raped, provide them sustenance and avoid fornication. Therefore, polygamy is allowed according to necessity.

On the one hand, there are binding rules in the religion; on the other hand, and there are practices and customs that are not contrary to religion but that do not bind every Muslim while practicing the religion. In terms of binding religious rules, “The road to marriage in Islam is not longer compared to Christianity”.

If a man and a girl or a woman whose marriage is religiously acceptable, or their parents or proxies, come together and declare their will in the presence of appropriate witnesses and say, (“I got married to …, I agreed to marry…”, the marriage contract is established; that is, the marriage takes place.

It is that easy and simple.

Customs and practices regarding seeing and getting to know each other before the marriage contract, betrothal, engagement, wedding, and the purchase of jewelry and household appliances... are not binding religious rules; they are customs and traditions, and they vary according to different subcultures.

1. If the woman applies to a judge of the state due to something that the shari’ah considers to be a reason for divorce, and the judge decides to divorce her for the same reason, the woman is divorced.

2. If the judge refuses to divorce though there is a reason, the woman applies to arbitrators. The arbitrators are generally from the families of both parties. If it is not possible, two people whose knowledge and ethics are appropriate are chosen as arbitrators.

***

Can you explain divorce through arbitrators?

The Details of the Question

- I want to learn the details of divorce through arbitrators.
- Can an arbitrator be chosen to divorce the husband and wife who do not get on well?
- Does the arbitrator have authority like a court judge?

Answer

The verse regarding the issue is as follows:

“If ye fear a breach between them twain, appoint (two) arbiters, one from his family, and the other from hers; if they wish for peace, Allah will cause their reconciliation: For Allah hath full knowledge, and is acquainted with all things.” (an-Nisa, 4/35)

When one of the parties breaks the peace and order in the family, “nushuz” is in question. If the family order is broken by mutual disagreements, violations of law and incompatibility between the two parties, and if the possibility of separation and family disintegration arises because this situation continues for a long time, the state of “shiqaq-breach” is in question. In that case, the way the Quran shows and the solution method it proposes is to take the disagreement to the arbitrators. According to the clear expression of the verse, the authority that will appoint an arbitrator is not the wife and husband or their families, but the relevant institution of the state (ulul-amr).

The institution is obliged to appoint an arbitrator in case of complaints, but this obligation does not prevent the husband and wife from appointing an arbitrator.

It is mentioned in the verse that one of the two arbitrators to be appointed by the institution (for example, the court) is to be from the family of the husband and the other from the family of the wife. Whether this condition is binding or not is debatable. Some scholars like Shafi’i say, “It is better; it is mustahab.” There are also scholars who say, “As long as there are people suitable for arbitration among relatives, it is not permissible to appoint an arbitrator from non-relatives.”

An arbitrator is a person who decides the issue of the disagreement with the consent of the parties or the determination of the judge. It is also debatable whether the authority of the arbitrator is like a “judge” or a “deputy”.

Prominent Companions such as Umar, Uthman, Ali, and Ibn Abbas, scholars such as Nahai, Shabi, Malik, Awzai and Shafii state that the authority of the arbitrators is like that of judges, that the decision they will make at the end of the research, investigation and consultation, whichever they decide, to continue or terminate the married life, will be valid, and that the wish of the wife or the husband that is opposite to their decree will have no effect because - according to these mujtahids - that is the meaning and function of the appointment of an arbitrator.

This ijtihad gives the arbitrators the authority to end the marriage without the intervention of the court, eliminating the inconvenience of disclosure of the family secrets in public courts.

Abu Hanifa and a few mujtahids who think like him hold the opinion that the authority of the arbitrators is like the authority of the deputy and that they cannot reach a solution against the will of the parties.

Accordingly, the duty of the arbitrators consists of the issues such as compromising the parties, determining the method and sanction to be applied in order to correct the party that is at fault.

Hukuk-u Aile (Family Law) Decree (dated 1917) adopted toward the end of the Ottoman State called the arbitrators applied in the case of shiqaq the “family council” and enacted the ijtihad of the majority, not the Hanafi madhhab, regarding the authority of the council (art. 130).

In the Islamic law, the right to divorce (tatliq, talaq) belongs to the husband. Those who do not understand or want to abuse this decree regard it as “contrary to women’s rights”. They say, “According to the Islamic law, even if the woman is harmed in marriage life, is wronged and is not happy, she has to put up with them unless her husband divorces her.   

The clear expression of the verse and the ijtihads made in the light of the verse do not lead to this understanding. A woman who is harmed and wronged in her marital life and who is not happy can end her marriage life by applying to the judge or arbitrators even though her husband does not want to divorce.

Besides, the way of divorce by paying a price (mukhala’a), which will be in question with the will and attempt of the woman is also possible.

In the systems that do not activate the Islamic solution through official institutions, it is possible for the family council or the community to step in, and to resolve disputes through arbitrators they will appoint because the Quranic verse does not consider certain individuals or official institutions, but the ummah and the community, as the addressee. (see Kur’an Yolu, Heyet, Heyet, the interpretation of the verse in question)

References:

- Ahmet Akgündüz, Hakem, TDV İslam Ansiklopedisi.
- Muharrem Balcı, İhtilafların Çözüm Yolları ve Tahkim, İstanbul, 1999.
- Halil İbrahim Acar, İslam Hukukunda Evliliğin Sona Ermesi, Erzurum, 2000.
- Baki Kuru, Hukuk Muhakemeleri Usulü, Vol. 6, 6th ed., İstanbul, Beta yayınları, 2001, 6/5875.
- Servet Armağan, İslam Hukukunda Temel Hak ve Hürriyetler, Ankara, 1987, p. 26.
- Rasih Yeğengil, Tahkim, İstanbul, 1974, p. 65.
- Hamza Aktan, Kur’an’a Göre Boşanma Prosedürü, Dini Araştırmalar Dergisi, V/14, Ankara 2002.
- Nihat Dalgın, İslam Hukukunda Boşama Yetkisi, İstanbul, 2001.
- Mustafa Yıldırım, İslam ve Medeni Yargılama Hukukunda Tahkim, İzmir, 2002.

***

How can a woman who is not given the right to divorce be divorced?

The Details of the Question  

- I remember you state in one of your articles that a woman can only divorce if she gets a permission of divorce from the man before marriage. 
- If a husband who does not fulfill his duties has not given his wife the right to divorce before or after marriage, how can that woman be divorced from her husband?

Answer

The woman can demand divorce by applying to the judge for reasons such as the husband’s illness, loss, not providing sustenance, bad treatment and incompatibility that may harm the woman. I will quote the part related to the last article from the book titled “Ana Hatlarıyla İslam Hukuku”:

If bad treatment, incompatibility, non-compliance with family law come from the husband, what the woman needs to do is to report the situation to the judge and arbitrators. In accordance with the verses that introduce these rules (an-Nisa, 4/33-34), all mujtahids agree that the judge will refer the situation to the arbitrators if he is applied due to bad treatment and incompatibility. Different opinions generally arise about the authority of the arbitrators, one of whom is from the wife’s family and the other from the husband’s family.

According to Abu Hanifa, the arbitrators are in the position of deputies, and they cannot do it unless they are given the authority to divorce and terminate the marriage.

According to Imam Malik and some other mujtahids, the arbitrators have the authority to compromise them, and if it is not possible, to end the marriage life with or without a fee. The aforementioned verses and the practice of the Companions show it.

In the Ottoman State, where Hanafi madhhab was dominant, Hukuk-u Aile (Family Law) Decree preferred Imam Malik’s ijtihad on this issue and enacted it. Article 130 of the Law briefly states the following:

“If there is a severe conflict between the spouses and one of them applies to the judge, the judge appoints an arbitrator from the families of the parties each. If there is no suitable person in the family, the judge appoints appropriate people from non-relatives as arbitrators. The family council established in this way will listen to the parties, examine the situation and try to compromise them. If it is not possible to compromise them, it will decide as follows: If the husband is at fault, it will separate them and end the marriage life; if the woman is at fault, it will end the marital life in return for some or all of the mahr (it will decree for mukhala’a). If the arbitrators are unable to reach a decision, the judge will either set up another arbitration committee or include a third person who is not a relative of the parties in the committee. The decision of the arbitrators is final.” The separation decreed by the arbitrators is like bain (irrevocable) divorce (art. 131).

***

How will this rule be implemented in our country, which does not apply Islamic Law today?

1. If the woman applies to a judge of the state due to due to something that the shari’ah considers to be a reason for divorce, and the judge decides to divorce her for the same reason, the woman is divorced.

2. If the judge refuses to divorce though there is a reason, the woman applies to arbitrators. The arbitrators are generally from the families of both parties. If it is not possible, two people whose knowledge and ethics are appropriate are chosen as arbitrators.

According to Islam, nikah (marriage contract) consists of a man and a woman (or their proxies) who have the capacity to marry and between whom there is no religious obstacle to marry, expressing their mutual consent to marry each other in the presence of witnesses (ijab and qabul) with words that cannot be interpreted or denied, such as “I have married you, I have accepted you as a wife/husband” in the presence of witnesses. (Ibn Nujaym, al-Bahr, 3/82-83)

This type of official marriage contract, which is performed as a result of the fulfillment of all conditions, is also religiously valid.

After the official marriage contract, people who get married can have a chapter from the Holy Quran and a supplication recited at home or in a suitable place and have the marriage contract performed. It is definitely good to pray for the established home to bring happiness and lead to good and healthy generations. It is also in accordance with our customs.

However, today, religious marriage without a civil marriage is not appropriate in terms of protecting the rights of women and children. As a matter of fact, the decree on Osmanlı Aile Hukuku (Ottoman Family Law) stipulated that the marriage had to be registered with the qadi of the city and the registration of the marriage was insisted on.

After this brief information, we will give the details:

Nikah is a contract and an agreement. There are some conditions for it. If any of these conditions is not fulfilled, the marriage will not be valid.

1. The presence of the couple to be married or the people to whom they have given power of attorney.

2. The statement of the spouses that they accept the marriage contract by saying “I have accepted”.

3. Announcement of the marriage. It must not be kept secret. This condition is according to Maliki madhhab.

4. The permission of the girl’s guardian. This is according to all madhhabs except Hanafi madhhab.

5. The presence of witnesses. The witnesses must be two sane men who have reached the age of puberty, or one man and two women. In other words, at least one man must be present as a witness.

As it is seen, a marriage contract without witnesses is not valid and a person cannot marry without witnesses.

Nikah and talaq, in other words, marriage and divorce are a religious institution; it is also considered among deeds of worship because its source is the Quran and hadiths. There are hundreds of verses and thousands of hadiths regarding the issue. Those verses both draw the boundaries of the institution of marriage and determine the responsibilities and obligations. In some verses, the issue is given in full detail. Hadiths, on the other hand, define, explain and teach all the details of the institution of marriage and family.

Likewise, the issue of marriage and talaq constitutes a separate chapter in Islamic law books. For example, one volume of Ömer Nasuhi Bilmen’s eight-volume “Hukuk-u İslâmiye ve Istılâhât-ı Fıkhiyye Kamusu”, a comprehensive work in Turkish, is allocated to this issue.

Let us read the meanings of some Quranic verses to help us understand the subject and to serve as an example:

“Marry those among you who are single, or the virtuous ones among yourselves, male or female: if they are in poverty, Allah will give them means out of His grace: for Allah encompasseth all, and he knoweth all things. Let those who find not the wherewithal for marriage keep themselves chaste, until Allah gives them means out of His grace...” (an-Nur, 24/32 and 33)

“Prohibited to you (For marriage) are:- Your mothers, daughters, sisters; father’s sisters, Mother’s sisters; brother’s daughters, sister’s daughters; foster-mothers (Who gave you suck), foster-sisters; your wives’ mothers; your step-daughters under your guardianship, born of your wives to whom ye have gone in,- no prohibition if ye have not gone in;- (Those who have been) wives of your sons proceeding from your loins; and two sisters in wedlock at one and the same time, except for what is past; for Allah is Oft-forgiving, Most Merciful.” (an-Nisa, 4/23)

Nikah has its own conditions, which have been explained above. Until the Republican era, there were no such expressions as “religious marriage, civil marriage” in our country. When Islamic law was abolished and replaced by “civil” law adapted from the West, and when marriage contracts were assigned to municipalities, such questions came to the fore. However, in heavenly religions such as Judaism and Christianity, marriage ceremonies are still held in synagogues and churches, as they were in the past. In fact, the same thing holds true for Islam. The Prophet Muhammad (pbuh) said,

“Announce the marriage contract and perform it in mosques.”

The hadith above reminds us of this principle. When this procedure was taken away from mosques and moved to municipal marriage halls, the question of whether the marriage contract has a “religious” nature came to mind.

Since nikah has certain conditions, this issue is known by scholars and religious officials as a whole, and the marriage contract has been performed by scholars and imams. Therefore, the popular name for marriage is “imam’s nikah” in our country.

In fact, this procedure is not the work of an imam or a hodja. Every Muslim performs his/her deeds of worship by learning about them beforehand; similarly, he/she needs to start preparations for marriage (nikah) after researching and learning about marriage and its conditions and responsibilities; then, the parties will accept each other as husband and wife in the presence of witnesses and perform their marriage contract. In other words, there is no requirement for an imam to be present at the marriage contract, as in congregational prayer. The conditions are clear and the contract is made accordingly.

Is only an official marriage contract enough? Are those who have only a civil marriage contract considered married in the sight of Allah

Nikah is a religious institution and has certain conditions. If the same conditions and principles are present in a civil marriage, i.e., a marriage performed by a municipal official, the marriage contract is regarded as nikah. However, if the conditions and principles are not observed or even ignored, things will change and the marriage might be overshadowed:

In a civil marriage, the couple to be married clearly state that they are getting married. However, those statements must be definite and must not be possible to interpret differently.

 Another important point is that the witnesses must be Muslims and at least one of the two witnesses must be a man. However, in the secular system, it is sufficient for the witness to be Turkish citizens.

The parties to be married must not be milk siblings. However, this issue is not investigated in the official marriage, nor is it asked by the official.

A Muslim woman cannot marry a non-Muslim man. However, in the legislation in force, this issue is not taken into consideration, and the official performs the marriage contract even without asking about it.

If those drawbacks do not exist, official marriage can be sufficient for the marriage to be permissible. In fact, the essential condition of the marriage is that the parties accept each other as husband and wife in the presence of two witnesses.

However, the marriage contract within the framework of Islamic standards must not be neglected and must be performed.

In accordance with the state of those getting married, the decree of marriage falls into these categories: fard, wajib, sunnah, haram, makruh or mubah:

1. Fard: It is fard for the one who is certain to commit fornication if he does not marry to get married, on condition that he has the finances to give the dowry (mahr) and to provide livelihood for his wife.

2. Wajib: It is wajib for the man who is in danger of committing fornication if he does not marry on condition that he has the finances to provide mahr and livelihood for the wife. The majority except for Hanafis do not differentiate between fard and wajib. (Ibnul-Humam, Fathul-Qadir, II, 342; al-Qasani, al-Badayi', II, 260 et al)

3. Haram: It is haram for the one who is certain to oppress his spouse if he gets married to get married. For the one who fears both committing fornication and oppressing his spouse, the aspect of haram is preferred. For if halal and haram coexist in an issue, haram is regarded as more important as a principle and it must be avoided. as a matter of fact, the following is stated in a verse in the Quran:

“Let those who find not the wherewithal for marriage keep themselves chaste, until Allah gives them means out of His grace.” (an-Nur, 24:33)

4. Makruh: It is makruh for the one who is likely to oppress his spouse to get married. (al-Mawsili, al-Ikhtiyar, III, 82)

5. Sunnah: It is sunnah for those in moderate sexual state (’'tidal) to get married. I’tidal is the state of the one who does not have the risk of committing fornication if he does not get married, and who is not likely to oppress his spouse if he gets married. The majority of the community falls into this group. The hadiths mentioned above advising young people who cannot marry to fast, and warning the three Companions who decided to abstain from marriage, are the evidence for that.

On the other hand, the Prophet and the Companions got married and those following them continued that sunnah. That is the preferred view. (See al-Fatawal-Hindiyya, I, 267)

As for Imam Shafii, it is mubah (permissible) to marry in that case. It is permissible to marry or to remain single. According to him, dedicating one's time to worshiping and engaging in knowledge is superior to marriage. The evidences he bases his view on are as follows: God Almighty praised the Prophet Yahya (John) with these words:

“While he was standing in prayer in the chamber, the angels called unto him: "(Allah) doth give thee glad tidings of Yahya, witnessing the truth of a Word from Allah, and (be besides) noble, chaste, and a prophet,- of the (goodly) company of the righteous." (Aal-i Imran, 3:39)

The word 'hasur' (chaste) used in the original Arabic text of the verse refers to the person who does not engage in sexual intercourse with a woman although he has the potency. If marriage was superior to that, abandoning it would not be praised. However, the majority of scholars say that this example is a practice of former Shari’ah and that it is not binding upon the ummah of Islam.

Another evidence of Imam Shafii is this verse:

“...all others are lawful, provided ye seek (them in marriage) with gifts from your property,- desiring chastity, not lust, seeing that ye derive benefit from them, give them their dowers (at least) as prescribed...” (an-Nisa, 4:24)

That something is halal (lawful) means it is mubah (permissible) because those two words are synonyms. On the other hand, marriage provides sexual benefit for the married person. It is not wajib for somebody to perform something that is to his/her benefit. Thus, marriage is among the things that are mubah such as eating and drinking and shopping. (1)

There were those who did not marry among the prophets, e.g. the Prophet Jesus (Isa) and the Prophet John (Yahya). We see those who prefer not to marry among Islamic scholars such as Tabari, Nawawi, Sayyid Qutb, and Badiuzzaman Said Nursi.

It is possible to see a similar situation in ashab as-suffa, the boarding madrasah students of the Prophet (pbuh).

In Islam, it is generally discouraged to remain single. Rich Muslims should help those who cannot marry because of being poor. The only way for the man or woman who cannot marry to lead a life of chastity and for society to be protected in this regard is to marry.

As it is known the Prophet Muhammad (pbuh) and his companions married and those who followed them continued this sunnah.

Allah states the following in this regard:

“Marry those among you who are single, or the virtuous ones among yourselves, male or female: if they are in poverty, Allah will give them means out of His grace: for Allah encompasseth all, and he knoweth all things.”(2)

The Messenger of Allah (pbuh) attracted attention to it in many of his hadiths:

“Marriage is my Sunnah. Whoever does not follow this Sunnah of mine is not on my path. Get married! For I take pride in your multitude against other nations. Those who cannot marry should fast because fasting breaks the lust.”(3)

“O people of youth! Whoever among you can afford to marry should marry because that is the best protection of the eyes from haram and the best preservation of chastity. And whoever is unable to marry should continue fasting because fasting is a protection for him.”(4)

“Four things are among the sunnahs of the prophets: Modesty, wearing perfume, using miswak and getting married.”(5)

Marriage Competence:

- Puberty is not a condition for marriage to be valid. Accordingly, the marriage of minors is valid if it is performed by their guardians or proxies.
- The marriage contract of the mentally ill is also performed by their guardians.
- A person who is sane and has reached the age of puberty can marry without the permission of his guardian according to Hanafi madhhab. Similarly, a widow or a virgin woman can marry without the permission of her guardian.
- After a woman reaches the age of puberty, no one can force her to marry. When a girl reaches the age of puberty and her guardian asks for her permission, if she remains silent and does not answer or laughs, she is considered to have given her permission. The Messenger of Allah (pbuh) states the following regarding the issue:(5)

“The widow is more advanced than her guardian in marrying her off. A virgin is asked for permission, and her permission is silence.”(6)

Once, a virgin girl came to the Messenger of Allah (pbuh) and told him that her father was going to force her to marry against her will. Thereupon, the Prophet (pbuh) left her free to accept the marriage or not.(7)

Footnotes:

(1) az-Zuhayli, al Fiqhul-Islami wa Adillatuh, Damascus 1405/1985, VII / 33, 34; Ibn Hajar al-Asqalani, Buughul-Maram min Adillatil-Ahkam, Transl. Ahmed Davudoğlu, İstanbul 1967, II / 228 ff.; Hamdi Döndüren, Delilleriyle İslâm Hukuku, İstanbul 1983, pp. 183, 184; Ibn Abidin, V / 253; Madhahib al-Arba’a, V / 17.
(2) an-Nur, 24/32.
(3) Ibn Majah, Nikah 1.
(4) Bukhari, Nikah 2-3; Muslim, Nikah 1-3; Abu Dawud, Nikah 1; Tirmidhi, Nikah 1 Nasai, Nikah 3; Ibn Majah, Nikah 1.
(5) Tirmidhi, Nikah 1.
(6) Muslim, Nikah 66; Tirmidhi, Nikah 12; Abu Dawud, Nikah 26; Nasai, Nikah 31-32.
(7) Abu Dawud, Nikah 25.
(see Sadık AKKİRAZ, Evlilik ve Mahremiyetleri)

The decree on marriage is divided into fard, wajib, sunnah, haram, makruh or mubah, depending on the status of those getting married:

1. It is fard for a person who is certain to commit fornication if he does not marry to get married, on condition that he has the means to give the dowry (mahr) and to provide livelihood for his wife. (Wahba Zuhayli, İslam Fıkhı, 9/29)

2. It is wajib for a person who has the risk of committing fornication if he does not marry on condition that he has the means to provide mahr and livelihood for the wife. The majority except for Hanafis do not differentiate between fard and wajib. (Ibnul-Humam, Fathul-Qadir, II, 342; al-Qasani, al-Badayi’, II, 260 ff)

3. It is haram for a person who is certain to oppress his spouse if he gets married to get married.

For the one who fears both committing fornication and oppressing his spouse, the aspect of haram is preferred because if halal and haram coexist in an issue, haram is regarded as more important as a principle and it must be avoided. As a matter of fact, the following is stated in a verse in the Quran:

“Let those who find not the wherewithal for marriage keep themselves chaste, until Allah gives them means out of His grace.” (an-Nur, 24:33)

4. It is makruh for a person who is likely to oppress his spouse to get married. (al-Mawsili, al-Ikhtiyar, III, 82)

5. It is sunnah for those in moderate sexual state (i’tidal) to get married.

I’tidal is the state of the one who does not have the risk of committing fornication if he does not get married, and who is not likely to oppress his spouse if he gets married. The majority of the community falls into this group. The hadiths mentioned above advising young people who cannot marry to fast and warning the three Companions who decided to abstain from marriage are the evidence for that.

On the other hand, the Prophet and the Companions got married and those following them continued that sunnah. That is the preferred view. (See al-Fatawal-Hindiyya, I, 267)

According to Imam Shafi’i, it is mubah (permissible) to marry in that case. It is permissible to marry or to remain single. According to him, dedicating one’s time to worshiping and engaging in knowledge is superior to marriage. The evidences he bases his view on are as follows: God Almighty praised the Prophet Yahya (John) as follows:

“... noble, chaste, and a prophet,- of the (goodly) company of the righteous…”  (Aal-i Imran, 3:39).

The word ‘hasur’ (chaste) used in the original Arabic text of the verse refers to a person who does not engage in sexual intercourse with a woman although he has the potency. If marriage were superior to that, abandoning it would not be praised. However, the majority of scholars says that this example is a practice of former shari’ah and that it is not binding upon the ummah of Islam.

Another evidence of Imam Shafi’i is this verse:

“…Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property,- desiring chastity, not lust...” (an-Nisa, 4/24).

That something is halal (lawful) means it is mubah (permissible) because those two words are synonyms. On the other hand, marriage provides sexual benefit for the married person. It is not wajib for somebody to perform something that is to his/her benefit. Thus, marriage is among the things that are mubah such as eating and drinking, and shopping. (1)

(1) See az-Zuhayli, al Fiqhul-Islami wa Adillatuh, Damascus 1405/1985, VII / 33, 34; Ibn Hajar al-Asqalani, Buughul-Maram min Adillatil-Ahkam, Transl. Ahmed Davudoğlu, İstanbul 1967, II / 228 ff.; Hamdi Döndüren, Delilleriyle İslâm Hukuku, İstanbul 1983, pp. 183, 184.

First of all, we should us state that a temporary marriage is invalid.

A temporary marriage is called a marriage made in the presence of witnesses for a certain period of time with words expressing marriage; the marriage made in this way is invalid. (cf. Binaya, 4/101)

As for the issue in the question:

Two aspects are and should be taken into consideration in the answers given to the fiqh questions: Form and purpose.

If a person marries with the intention of getting a visa - but without expressing it during marriage contract - that is, without saying, “I agree to marry you temporarily” but by saying “I agree to marry you” and if mutual offer and acceptance is made in the presence of appropriate witnesses, this marriage contract will be valid in terms of the conditions of form unless there is an obstacle to the marrying of the parties.

However, marriage has a purpose in Islam; such a marriage does not fulfill this purpose; therefore, it can be done only due to a serious need (necessity).

It is permissible for a man to marry the wife of his brother who died. If both the woman and the man agree, there is no religious drawback to their marriage. 

If a woman or man is forced to marry through severe beating or through being warned to be imprisoned for a long time, the marriage is not valid.

The Messenger of Allah (pbuh) states the following regarding the issue:

“Allah Almighty forgave my nation for my sake for the deeds done by forgetting and through being forced.” (Ibn Majah, Talaq, 16)

The following hadith reported by Imam Nasai sheds light on the issue:

Khansa bint Khidam of Ansar went to the presence of Hz. Aisha and made the following complaint:

“My father married me off to his brother's son in order to increase his prestige. I do not want to marry him.”

Hz. Aisha said, “Wait until the Messenger of Allah (pbuh) comes."

When the Messenger of Allah arrived, Hz. Aisha informed him about the situation. The Messenger of Allah summoned her father, took the authority to marry from him and gave it to her.

Thereupon, Khansa said to the Messenger of Allah (pbuh),

“O Messenger of Allah! I accept this marriage but I wanted to show that fathers did not have the authority to marry their daughters off by force.” (Nasai, Nikah: 36)

We understand from the removal of the authority from fathers that they have no right to marry their daughters off by force. Both hadiths above show that the consent of the woman is one of the conditions of a sound marriage. Force eliminates consent; therefore, the marriage becomes invalid.

This decree is the view of the majority of the scholars. However, Hanafi School has a different view. According to them, consent is not one of the conditions of a sound marriage essentially. They show the hadith stating that being serious or joking are regarded as the same in marriage contract as evidence. 

However, the view of the majority of the scholars is more appropriate in that it will ensure the safety of the marriage and prevent unjust treatment.

The Prophet regarded al-Haris b. Qays’ marriage contract before Islam valid after he became a Muslim and he did not consider whether the marriage contract was in accordance with the necessary conditions.

According to what is reported from Ibn Abbas, a man became a Muslim and entered into the presence of the Prophet (pbuh); then his wife arrived as a Muslim too. The man said,  

"O Messenger of Allah! She became a Muslim with me too." Thereupon, the Prophet returned the woman to him. (Abu Dawud, Talaq, 23; Ibn Majah, Nikah, 60; Tirmidhi, Nikah 43)

Accordingly, if a non-Muslim husband and a non-Muslim wife become Muslims together, their previous marriage is valid. They do not have to marry again. If there is nothing that annuls marriage like being milk siblings or close relatives, their previous marriage is valid. It is not necessary to search whether this marriage contract was made in accordance with the necessary conditions.

According to Islam, a person who reaches the age of marriage, which is eighteen for boys and seventeen for girls, according to the last Ottoman law, should get married as soon as possible when the livelihood and other eligibility qualifications are ensured.

Early marriage not only gives people the opportunity to have children on time and take care of them properly, but also protects them from haram to a great extent.

First of all, we should state that the limits of the permissible are quite adequate for man’s desire; there is no need to trespass on the forbidden. There is always freedom and right to education within the limits of the permissible. It holds true for not only married people, but also every male and female Muslim.

Therefore, a Muslim is a servant of Allah not only when he is married but also when he is single, and he has to act in accordance with that servitude.

As for the claim that marriage destroys freedom and education:

Man is programmed as a social being. Therefore, it is one of the most basic needs for man to establish close and sincere communication with other people, to share, to cooperate, to feel love, affection and trust.

The institution that best meets those social and psychological needs of a person compared to other relationships is marriage and his/her spouse, who is his/her eternal life partner because unlike all other social relationships, marriage meets not only the material needs of a person such as food, drink, shelter and sexuality, but also psychological needs in the healthiest way.

Therefore, the fact that women today want to marry strong men despite living in safe housing estates, learning martial arts to protect themselves and having a high income is a clear indication of the need for a partner of the opposite sex.

Similarly, the fact that men with very good financial status and health or artists at the peak of fame see the greatest happiness in marriage is the most meaningful proof of the need to get married.

Marriage, which is such an important and indispensable institution for one’s religion and world, also brings some responsibilities as is the case in all other bilateral relations. For example, a person is no longer an individual but part of a couple. He/she has responsibilities to the person he/she is married to. It might not be possible for him/her to go wherever he/she wants and whenever he/she wants.

That is a sacrifice, a small price to pay, for the benefits of a satisfying relationship. Such a price and sacrifice are not unique to the husband-wife relationship; all healthy human relations are based on self-sacrifice, patience, tolerance, solidarity and understanding each other.

Even the parent-child relationship requires great sacrifice. Do parents not sacrifice their sleep, comfort, freedom, wealth, and pleasure for their children when necessary? Do children not stop their work, even their education, and travel to help their parents when they need their children? Or think of two friends, think of an employee and an employer or two relatives; is a one-sided, selfish, arbitrary relationship possible?

Definitely not. Everyone willingly makes some sacrifices along with the moral benefit they derive from the bilateral relationship.

However, marriage does not take away all the freedoms of a person to access education, to have fun with friends and to do anything they wish because when people get married, their personal lives do not completely disappear. Spouses can continue their education and studies, meet their old friends, get together from time to time or go for a walk in a way that will not be contrary to religious and cultural values.

What matters is that a person should not neglect his life partner with whom he has found peace and should give her priority. In addition, the knowledge and consent of the spouse are important about the things one will do alone. Spouses can reach a consensus on these issues and find a common path while getting married.

In addition, when a woman gets married, she can travel more comfortably, go to the distant parts of the world, stay out until late at night, go to the forest, plateau and mountains when she is with her husband.

As it can be seen, a person becomes more free and secure through marriage from another point of view.

What an ultra-liberal or socialist segment means by “marriage restricts freedom” is that the person will no longer have intimate relations with anyone they want after the marriage contract. It is an apparently false freedom and its price will be very heavy both in this world and in the hereafter.

The issue of marrying four women does not necessarily mean that there must be four wives. What is essential is to marry one woman. However, if necessary, it is permissible to marry two women, three women or four women provided that all conditions are met.

When the religion of Islam spread to the Arabian Peninsula, some Jahiliyya customs were in effect with all their influence. Islam completely abolished some of them and moderated others. One of them was the issue of marrying unlimited women in the Era of Jahiliyya (Ignorance). Before Islam emerged, men in the Arabian Peninsula could marry as many women as they wanted, without any restrictions in number.

The Holy Quran put a limit on this custom of Jahiliyya. It declared that a man could marry up to four people at most. God Almighty states the following in the Quran:

“…But if ye fear that ye shall not be able to deal justly (with them), then (marry) only one.” (an-Nisa, 4/3)

Accordingly, the Quran did not establish polygamy. However, it limited the previously unlimited number. For example, the companion named Ghaylan had been married to ten women when he became a Muslim. When he embraced Islam, he divorced all his wives except four.

Although Islam allows marrying many women, it accepts marrying only one woman as a principle. Allowing more than one is conditional upon “moral and social necessities”. In that case, it is explained that justice among women is essential but it is pointed out that it is not possible to treat them equally in terms of spiritual tendencies:

“Ye are never able to be fair and just as between women, even if it is your ardent desire.” (an-Nisa, 4/129)

God Almighty commands justice in one verse and He explains in the other verse that people cannot truly achieve justice between their wives, indicating that one should not marry more than one woman without necessity.

Explaining that Islam’s permission to marry up to four women is in compliance with human nature, reason and wisdom, Badiuzzaman Said Nursi states the following:

Although marrying up to four women is compatible with nature, reason and wisdom, shari’ah did not increase it from one to four; on the contrary, shari’ah reduced it from eight-night to four. Besides, shari’ah imposed such conditions related to the number of wives that there is no harm in acting accordingly. Even if it is evil at some points, it is the lesser evil. The lesser evil is relative justice. Unfortunately, it is impossible for everything to be absolutely good in the world.” (Münazarat, p. 69)

After these brief explanations, let us move on to the questions:

Answer 1:

1. A man cannot be married to as many women as he wishes at the same time. Islam has set a limit for men in this regard.

2. Marriage with four women is not commanded. It is not fard or wajib to marry four women.

3. During a marriage contract, the woman has the right to stipulate that the man she will marry cannot marry another woman.

4. Being married to more than one woman means increasing responsibility and burden for the man. Those who cannot ensure justice between their wives even though they are able to do so will have violated the rights of their spouses.

“To orphans restore their property (When they reach their age), nor substitute (your) worthless things for (their) good ones; and devour not their substance (by mixing it up) with your own. For this is indeed a great sin. 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.” (an-Nisa, 4/2-3)

In the verse above, Muslim men are advised to marry one woman. Acting fairly is a must. If a man fears that he will not be able to act fairly if he marries more than one woman, he should prefer to be married to one woman. Otherwise, the person will be in danger of violating others’ rights. Sins and violation of rights lead a person closer to hell.

5. Islam does not address a single society or a single time period. Islam is a universal religion. During wars, the number of women may be much higher than the number of men in countries. It may become necessary for a man to marry more than one woman in order to protect women, prevent them from being raped, ensure their livelihood and avoid fornication. In fact, it was observed in history that in such cases, women asked the country’s administrators to allow men to marry more than one woman.

6. It is compatible with human nature that Islam allows marriage with four women. Approaching the issue only from an emotional perspective will lead to wrong results. Islam is a religion that human logic can understand and easily accept. One of the most important purposes in marriage is to ensure the perpetuation of the human race. Women’s pregnancy period ends after a certain period of time. When a man gets older and wants to have a child, his wife cannot do it; so, he may try illegitimate ways. Marriage with more than one woman was allowed to prevent that danger.

7. Men can become sexually aroused even at the age of sixty or seventy. Women’s sexual potency weakens after a while. It is one of the indicators that the nature of women and men are not the same. Therefore, some men may be in danger of committing fornication.

In addition, women need less sexual intercourse than men because they are not as easily aroused as men. In other words, men feel the need for sexual intercourse more than women in a year. Women have menstrual days and the husband and wife cannot have sexual intercourse during those times. Since the husband may be in danger of committing fornication in that case, he is given the right to be married to more than one woman.

8. The woman may be infertile; she may have a disease that prevents her from having sexual intercourse, or she may be so disabled that she cannot have sexual intercourse, but the husband and wife may not want to separate from each other. When a man is married to more than one woman, his marriage to his infertile, sick or disabled wife continues, and the man can have a child with another woman. As the man is granted the right to marry more than one woman, he does not have to divorce his wife who is infertile, sick or disabled in order to have children.

9. A single woman who is known to be infertile and too ill to have sexual intercourse, or who is disabled to the extent that she cannot have sexual intercourse, may also want to get married to the man she loves. Thus, it is ensured that such women do not remain single, come under the protection of men and are cared for by men. Marriage with more than one woman is a blessing for women with sexual disabilities.

10. The high number of adultery and prostitutes in Europe, which objects to marriage with more than one woman, shows that Islam’s allowing marriage with more than one woman is a decree compatible with human nature.

Answer 2:

Islam’s attitude toward monogamy or polygamy has been discussed by members of other cultures and religions that have officially adopted and legalized marriage with one woman, and the following objections and criticisms have been put forward:

Objection:
When a married man marries another woman, the mutual love and affection between the spouses is replaced by feelings of hatred, jealousy, grudge and revenge. A woman under the influence of those emotions neglects her domestic duties, attempts to take revenge on her husband, and for this reason she may be engaged in many negative deeds, from wastefulness to cheating on her husband.

Answer:
Although Islam does not exclude emotions, it has established the family on the basis of logic and benefit, not on emotions. This choice is not aimed at killing people’s emotions, but rather at pushing them to the background and giving them to the control of reason and faith. Emotions, tendencies and most psychological attitudes are formed and changed by suggestions and education; the feelings and tendencies of an Islamic woman regarding the issue in a society where marriage with more than one woman is common are not the same as those of women in societies where marriage with one woman is valid. The evidence of this phenomenon is the different understanding and attitude between Islamic and Western societies regarding the fornication of men and women. While Islamic women do not react negatively toward women legally married and men married to more than one woman, they have a negative attitude toward fornication and prostitution committed by both women and men with the opposite sex or the same sex, and they strongly condemn this act, considering it shameful and sinful.

As a result of this socio-psychological situation, all kinds of adultery and fornication have become common in Western societies, and even legislative proposals and legal regulations have been made to legitimize it.

In Islamic communities, second spouses want to become second spouses of their own free will, and if first spouses do not want a partner, they have the right to stipulate it while making the marriage contract. Historical experience has shown that in Islamic families, if there is more than one woman, behaviors such as waste, revenge adultery, and neglect of family duties rarely occur.

That women do not want a second husband is due to an innate (natural) feeling of jealousy, as well as, perhaps more effectively, an acquired state of consciousness and will depending on social, psychological, economic and legal factors.

Objection:
Experience throughout history shows that men and women are approximately equal in number; a man’s marrying more than one woman disrupts this natural and inherent equality and balance, and is against what is natural.

Answer:
The claim that nature makes men and women equal and that this equality will be disrupted if marriage with more than one woman is allowed is not true.

Women have priority in terms of being physiologically and psychologically ready for marriage; in hot regions, girls reach this maturity at the age of nine while boys must wait until they are sixteen.

In so-called civilized countries, it is becoming more and more difficult and rare for girls to retain their virginity until they reach the legal marriage age, which is another evidence that they are already ready for marriage.

When a calculation is made based on this, the following result will appear:

If there are a thousand boys who have turned sixteen and a thousand girls who have turned nine in a given year, ten generations of boys and fifteen generations of girls will be biologically ready for marriage by the age of twenty-five, which is the legal marriage age. In that case, the number of girls in terms of biological puberty could - hypothetically - double that of boys; this case shows the preparation of two girls for one man by the hand of nature (in accordance with the sunnah of Allah).

The average life expectancy of women is longer than that of men and the age at which men have children is longer than that of women. When those two average age differences are considered together, on average, there are fifty women who can have children compared to one hundred men who can have children.

Events that cause death, especially war, bring about more male deaths. Therefore, at the end of some major wars, women in society could not find men to marry and requested permission from their governments for men to marry two women.

The claim that polygamy will cause social problems based on the equal number of men and women can only be considered if all or most men marry more than one woman.

However, the conditions imposed by Islam for marrying a second woman are met by a few, not most, men. Experience has revealed that there is not a shortage of women in places where polygamy is practiced, but a shortage of single men in places where marriage with one woman is legalized.

Objection:
Allowing marriage with more than one woman will lead men to lust and insatiability, giving priority to sexual satisfaction.

Answer:
The rules of decency and upbringing that Islam has introduced for women cause their sexual feelings and powers to be less developed and aroused compared to men.

In addition, due to nature, women’s periods such as menstruation, pregnancy, puerperium and breastfeeding keep them away from sexual life for one third of their married life.

In addition, when the importance that Islam attaches to the increase in the number of the ummah, it becomes inevitable that it will be permissible for a man to marry more than one woman when necessary. Islam has done so; it has not prohibited marrying more than one woman but it has not made it fard, wajib or mustahab either.

People become fond of things from which they are prohibited. Even if a Muslim man does not actually marry, he gets rid of this “prohibition” psychology by knowing that he has the opportunity to marry another woman.

Objection:
The balance of four women against one man in marriage is degrading to the honor and dignity of women; since even Islam has introduced the balance of two women against one man in matters such as witnessing and inheritance, four women in marriage destroys the balance.

Answer:
It is clearly seen in both religious texts and practices of exemplary periods how Islam values women and how it cares about the protection of their rights.

Conditional permission to marry more than one woman is not negatively related to women’s rights and values; the justification for this permission is based on religious, social, economic and moral necessities.

In practice, the injustice of men married to multiple women, the discord between the fellow wives, the turning of houses in such families into hellholes, and the beautiful relations between people turning bad are all cases in point. However, the cause of that bad and evil practice is not the law (shari’ah), but the Muslims who apply it - or rather, those who do not apply it.

Let us consider democracy; although it produces good results in the West, it exists in name in the East, but it does not actually exist. In many places, democracy was abandoned and communism was adopted; this time peace, justice and happiness were sought for humanity, but the practice did not comply with the theory; and those who could not find what they expected there started to return to democracy again.

Therefore, in order to make a correct evaluation about a legal, social or political system, it is necessary to distinguish between the system itself and its implementation, and not to attribute the faults of one to the other.

Human systems are made fit for purpose through radical changes. There is no radical change in Islam; there are immutable rules, but no matter what rule is applied, if an unnatural negative result occurs, it is possible to stop the application.

In this sense, polygamy, which is merely a permissibility can generally be prevented by the Islamic administration if it is abused and produces negative consequences; it does not mean changing the law (shari’ah); it is just like an individual who is afraid of not being able to fulfill his conditions and prefers to stay married to only one woman.

Today, in our country and in societies similar to ours, marriage with one woman has become a custom and tradition. When a man gets married to another woman, it affects, upsets and devastates the first woman, her children and her surroundings more than it did in other ages and societies.

A believer must have reasons other than pleasure to engage in a behavior that would upset people so much.

Answer 3:

For detailed information and evaluations regarding the issue, we recommend you read the following article:

Marriage to More Than One Woman in Islam

The Status in Ancient Tribes

Marriage with more than one woman is a permission confirmed by the verses of the Holy Quran.

“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.”¹

 The verse above states that marriage with more than one woman is a permission given out of necessity for believers.

Those who oppose Islam’s principle of polygamy have acted upon the view that “Muhammad was the first one to establish this principle that is against women” and have used this issue as a means of intense propaganda against Islam. However, marrying more than one woman existed in the world long before the Prophet Muhammad (pbuh). In other words, this tradition was valid in all Eastern tribes. In China, a person whose wife was infertile could marry a second wife. In fact, anyone who wanted to have many children could marry more than one woman. However, the women who came later were under the command of the first woman. In fact, according to the Liki law in China, a man could marry 120 women. Likewise, the Babylonians, Assyrians, Persians and Brahmans, who were Asian tribes, could marry as many women as they wanted.²

On the other hand, marrying more than one woman is accepted as a principle in Jewish law. According to the Torah, the Prophet Moses (Musa) did not object to marriage with more than one woman; besides, he did not even impose a limit on the number of women to marry. However, in Judaism, polygamy turned the family into a matriarchal family headed by the mother. In other words, polygamy divided the family into subgroups headed by the mother. This division into subgroups was so precise that children born to the same man by different wives could marry each other. However, this practice was banned afterwards. It is also worth saying here that the poor people who belonged to the Jewish religion had to be content with single marriage, not because it was prohibited by religion, but for socio-economic reasons.³ The Prophet Solomon had about 70 free women and about 300 slaves as his wives. The Prophets Jacob (Ya’qub), David (Dawud) and Solomon (Sulayman) did not object to marriage with more than one woman.⁴

There is no decree that prohibits marriage with more than one woman in Christianity. Although it is claimed that Christianity, unlike Judaism, adopts monogamy, it is not certain because in the early periods of Christianity, no consul opposed polygamy. However, only the ruler named Charlemagne banned polygamy only for priests. Even Martin Luther approved marriage with two women. On the other hand, some Christian sects have accepted marriage with more than one woman as a principle. Anabaptists even recommended polygamy in 1531 AD. Mormons also accept polygamy as a divine institution.⁵ Accordingly, it can be said that the current ban on marriage with more than one woman in Christianity was imposed later.

It is known that Egyptian Pharaohs had many wives. Pharaohs could often even marry their own sisters. However, in the family of Pharaohs, there was usually one legitimate wife from the royal dynasty; others were not considered legitimate. While the legitimate woman had many rights, illegitimate women did not have those rights.⁶

According to ancient Iranian religions, a man who wanted to marry more than one woman had to pay a certain compensation to the women as a surety fee. It can be said that Mut’a (temporary) marriage, which is considered permissible only in the Shia sect today, is inherited from such a tradition. However, there was no article in Persian law prohibiting marriage with more than one woman. Similarly, marriage with more than one woman was common among Indians and ancient Greeks.

Marriage with more than one woman was also common among pre-Islamic Arabs of Jahiliyya. As a matter of fact, when Ghaylan b. Salama embraced Islam, he was married to ten women. The Messenger of Allah (pbuh) said to him: “You can choose only four of these ladies.”⁷ Likewise, when Qays b. Harith became a Muslim, he was married to eight women.⁸ This man probably also chose only four of his wives. According to the narration of Anas b. Malik, when a man from Thaqif, who was married to ten women, became a Muslim, the Messenger of Allah (pbuh) said to him: “Keep four of these wives with you and let the others go.”⁹

Distortion of Historical Facts

Based on the tradition of marriage with more than one woman in ancient tribes, we can say that Islam did not increase the marriage tradition from one to four; on the contrary, it abolished the tradition of marriage with multiple women and limited the number to four in cases of necessity and with a permissibility that expresses license. Despite those historical facts, Islam has been subjected to unfair attacks as if it rejects marriage with one woman and has made it mandatory to marry four women. Campaigns carried out under the control of some atheists who are enemies of Islam have sometimes reached a level of declaring Islam as misogynistic, using marrying more than one woman as an excuse. Some extremist people who did research in the field of theology made forced interpretations of the verse by radically denying marriage with more than one woman, in order to ingratiate themselves with those heretics or to defend Islam.

In fact, Islam accepts marriage with one woman as a rule, and marriage with more than one woman (up to four) as an exception and a case of necessity. When we examine some Islamic countries where Islamic family law is implemented, we see that the situation is like that. So much so that, in some Islamic countries where Islamic law is not implemented in all social life, restrictions have been imposed on marriage with more than one woman, considering the public interest.

Our main purpose in this article is not to defend the tradition of marriage with more than one woman, but to invite believers and everyone who is interested in the issue to rational reasoning. We argue that we should be subject to common sense, not feelings and propaganda on this issue because hostility toward Islam underlies the propaganda about polygamy. This issue is considered good material for those who do not accept Allah, the Quran and the afterlife. Therefore, some circles try to keep the issue of marriage with more than one woman on the agenda in order to find support for their ideas at every opportunity. In this respect, it can be said that marriage with more than one woman, if necessary, is a principle of Islam to be proud of. Necessity manifests itself in several ways.

1. In terms of ensuring justice:

Immediately after verse 3 of the chapter of an-Nisa, which allows marriage with more than one wife, the following statement appears:

“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.” ¹⁰ 

Thus, monogamy is made conditional on “ensuring justice between women”, which is very difficult to fulfill in practice. Accepting the principle of justice as a basis means that marrying more than one woman is an exceptional situation and that men should not resort to this method unless an essential situation arises because injustice is a dangerous element that destroys family peace and order.

“Ye are never able to be fair and just as between women, even if it is your ardent desire: But turn not away (from a woman) altogether, so as to leave her (as it were) hanging (in the air). If ye come to a friendly understanding, and practice self- restraint, Allah is Oft-forgiving, Most Merciful.”¹¹ 

On the other hand, when the verse above, which is included in the same chapter, is examined carefully, it will be understood how difficult, even almost impossible, it is to ensure justice between women. This shows that marriage with more than one woman is not essential, but a necessity.

Undoubtedly, what is important in justice is to act fairly in providing sustenance and complying with the law of marriage. However, it is almost impossible to act fairly in the issue of loving, sympathizing and tending, which is a hearty and spiritual activity, as in providing sustenance. The decree in the verse, “Ye are never able to be fair and just as between women, even if it is your ardent desire” mentions justice in this sense. As a matter of fact, the Prophet (pbuh) was afraid of committing injustice due to this inevitable tendency and orientation, that is, due to the different bond he felt toward some of his wives, and asked for forgiveness from Allah as follows: “O Allah! This is justice from me. My Allah! Do not hold me responsible for the justice that you have but I do not have.”¹²

It can be seen that the essence of the verse commanding justice between one’s wives is to strictly prevent cruelty by respecting the rights. The Messenger of Allah (pbuh) also gave the following warning to people about ensuring justice between wives:

“If a man has two wives and favors one of them over the other, he will come on the Day of Resurrection with one of his sides paralyzed.”¹³

There is a contradiction between allowing up to four marriages, demanding equality and justice among women, and, on the other hand, emphasizing the difficulty of ensuring justice among women. According to the interpretations of the verses, although the permission to marry four women is legal, the issue of ensuring justice is left to the conscience of the man. On the other hand, contemporary thinkers and scholars give priority to ensuring justice regarding marriage with more than one woman, and accept that it cannot be achieved by men; thus, they express the opinion that allowing polygamy is for a temporary and limited purpose.¹⁴

However, it is a fact that it is not possible to suddenly eliminate polygamy, which has become an established tradition in the Islamic society, and it is an indisputable fact that the restrictions imposed by the Quran on polygamy are aimed at improving the ethics of the society. Thus, the permission to marry up to four women remained at a legal level. In other words, although marriage with more than four women was considered immoral and prohibited, being able to marry four women remained a permission in case of necessity, but it was regarded as neither wajib nor sunnah. Unfortunately, the issue of polygamy is always portrayed by the enemies of Islam as a commandment of Islam.  

2. In Terms of Protecting Women’s Rights

According to Said b. Jubayr and Qatada, who are among tafsir scholars of Tabiun, the verse allowing polygamy was revealed to protect the rights of women. According to them, before Islam, insulting orphans was not easily accepted and was considered a great evil. However, women whose husbands died were not given any human rights. Women were treated rudely and insulting them was not condemned by society. That is why Allah warns believers not to do like the Arabs of Jahiliyya, to respect women’s rights just as they respect the rights of orphans, and not to treat women unfairly.¹⁵

According to the verse, a man cannot marry more than four women. If he does not act fairly between the women he marries, he cannot marry more than one woman. In that case, contrary to the claims, the verse does not encourage polygamy but limits it. Whoever tries to marry more than one woman without ensuring justice will have disobeyed Allah. However, it is also wrong to claim that polygamy is prohibited in Islam based on the difficulty of the required justice because the Quran clearly allows marrying more than one woman as long as the spouses are treated fairly. However, given that it is quite difficult to fulfill this condition, it is possible to understand that marrying more than one woman is not recommended in the Quran unless it is necessary.

3. In Terms of Orphan Children

Before the verse that renders marriage with more than one woman permissible, Allah attracts attention to the situation of orphans. Undoubtedly, if children whose fathers were martyred in the war are left unattended and if they get into trouble, it means that the society will be in a bad situation. It is considered a duty for the entire society to raise orphans as decent human beings. It is necessary to keep the property inherited from their fathers under protection until they become of age. The orphans who are cared by society and their close circle will understand that their fathers who were martyred in the fields of jihad did not die in vain and that they sacrificed their lives for the sake of Allah. Immediately before the verse that allows marriage with more than one woman, Allah states the following:

“To orphans restore their property (When they reach their age), nor substitute (your) worthless things for (their) good ones; and devour not their substance (by mixing it up) with your own. For this is indeed a great sin.”¹⁶ 

After this verse comes the verse that allows marriage with more than one woman: “If 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.” What Allah means in this verse is this: “If you are afraid of making a mistake in terms of protecting orphans, who are members of society, tie them to yourselves by marrying their mothers for a purely humanitarian purpose. Thus, you can protect their rights better.”¹⁷ Thus, when marrying the mothers of orphans is intended to protect their rights better, more than one marriage may turn out to be a necessity.

When we examine it carefully, we will see that the Quran seriously warns the guardians who undertake to raise orphan children to protect their property and wealth. The statement “and devour not their substance (by mixing it up) with your own” shows it clearly. Essentially, the issue of protecting the property of orphans was brought to the agenda in Makkah. The following is stated in the Quran:

“Come not nigh to the orphan’s property except to improve it, until he attains the age of full strength.”¹⁸

The verse above emphasizes that it is essential to spend the orphan’s property for his benefit.

During the Madinah period, it was emphasized even more strongly. The following is stated in the Quran:

“They ask thy instruction concerning the women say: Allah doth instruct you about them: And (remember) what hath been rehearsed unto you in the Book, concerning the orphans of women to whom ye give not the portions prescribed, and yet whom ye desire to marry, as also concerning the children who are weak and oppressed: that ye stand firm for justice to orphans. There is not a good deed which ye do, but Allah is well-acquainted therewith.”¹⁹ 

The verse above expresses what a humanitarian duty it is to marry the widowed mothers in good faith in order to protect helpless orphans. In addition, this verse clearly shows that questions about polygamy were asked when the situation of orphan girls was being discussed.

Aisha (ra) says that the verse about orphans (an-Nisa, 4/3) was revealed to eliminate a bad habit that was common in the Era of Jahiliyya. According to a narration, the guardians of the orphaned girls wanted to marry those orphans if they were beautiful or rich, taking advantage of their orphanhood in order to keep them under their control. After they got married, they used to treat them very rudely. Because of this bad tradition, some believers hesitated to marry orphan girls after becoming Muslims. Thereupon, the Quran advised them to marry other halal women, up to four, instead of orphan girls, if they were worried about being fair. In another verse of the same chapter, Allah commands Muslims not to marry orphan girls just to consume their wealth and to treat the weak fairly.

4. In Terms of Women Who Cannot Have Children

The main purpose of marriage is to have children. This issue has been accepted unquestionably since ancient times. Imagine a family that wants to have a child but cannot have a child due to an illness in the woman: What should the spouses do in such a situation? There are two ways for such a family that wants to have a child and hence experience the natural love of children: Either the man will divorce his wife who cannot bear children and make a new marriage or he will have a second marriage without divorcing his wife. Undoubtedly, divorce carries personal and social risks for both men and women. Moreover, it is a known fact that many women who cannot have children look for new wives for their husbands.²⁰ A wise woman who cannot have children would definitely consent to a second marriage, but she would never want to disrupt the family order.

5. If the Woman Is Ill

Imagine a woman who has a disease that cannot be cured: A man should not be expected to continue his life alone with such a woman, in human, legal and social aspects. A man whose wife is so sick will either divorce his sick wife and marry, or have a second wife. It is certain that divorcing a woman while she is sick would be a monstrous act. On the other hand, in civilizations that do not allow second marriages, it is not difficult to predict what difficulties a man whose wife is constantly sick will have.²¹

6. In terms of preventing adultery

Some men may be sexually stronger than their wives. Moreover, it is certain that the situation of such a man who cannot have sexual intercourse with his wife during periods such as menstruation, pregnancy and puerperium will be even worse.

In such a situation, a man with little patience is likely to commit adultery. However, a second wife will protect him from adultery and will also preserve his moral values. According to Islam, adultery is a great immorality. The fact that adultery has ceased to be a crime and become a normal act in countries that prohibit polygamy is important in terms of showing the level of morality.

7. Why is more than one marriage prohibited for a married woman?

Some people who lack the understanding of honor and chastity want to distort the issue by asking, “Why can a woman not have four husbands, but a man can have four wives?” in order to denigrate the Islamic principle of marriage with four wives. However, as we have stated before, the purpose of marriage is to perpetuate the human race in a correct lineage. No intelligent person doubts that this phenomenon is necessary for humanity. However, it is very difficult for a woman who has sex with more than one man to give birth to a child of the right lineage. Moreover, apart from the prostitute women who are excluded by society and literally punished, there is no sane woman who would accept being in a relationship with more than one man as humane. Even women who are forced to fall into such situations hide their situation and do not want it to be known to others.

If we consider the issue from the perspective of proper preservation of the human race, the issue becomes clearer because there is nothing more secure and happy for a person than knowing his ancestry, his mother and father. The abundance of children of unknown family origin in the West is one of the main reasons that increase crime rates because such children lack self-confidence and self-happiness; they have less awareness of responsibility toward society. It is unfortunate and shameful for humanity that some scientists consider the issue of women having relationships with many men within the framework of women’s rights, as opposed to polygamy in cases of necessity, and write about it in their books.

8. Arguments of Those Who Object to Polygamy

The arguments of those who object to the principle of polygamy in Islamic law can be summarized under three main headings.

a) Spread of Immorality:

According to them, marriage with more than one woman is a phenomenon that causes bad traditions to spread in society because the love of women who see their husbands marrying more than one woman turns into a feeling of revenge; and those women, who think they have been victimized, try to respond in kind. This situation causes adultery and prostitution to spread in society.

However, Islam does not base its decrees on feelings and emotions. On the contrary, it has all its decrees approved by sound reason. It does not mean that Islam cancels feelings. However, feelings may vary. In other words, a person’s feelings may vary depending on the education he receives. The fact that an action that is considered good in one society is considered bad in another society is clear evidence of it. The education in Islam raises the woman to such a level that her taking revenge on her husband and retaliating against him due to such emotions is almost considered as something that never happens. 

For several centuries, the Western woman has adopted monogamy and has become accustomed to not wanting women other than herself in her home. However, the same Western woman cannot prevent her husband from having relationships with other women without marriage. As a result of this, Western centers had to partially allow adultery by accepting the natural right of men to be in love with another woman. I wonder if a Western woman would accept this with peace of mind if she heard about her husband having an affair with another woman. However, according to Islam, the woman who gets married later usually gets married with the consent of the first spouse in polygamy. In other words, forced second and third marriages are very rare.

b) Violation of Natural Balance:

According to their claims, polygamy disrupts the natural balance in the universe because men and women were created in numbers close to each other. Marriage with more than one woman can upset this balance.

In fact, marriage contracts between people are not based on the equality of men and women because the age at which men and women reach puberty is different. In hot regions, it is possible for girls to reach puberty at the age of ten, while this age is 15-16 for boys. It can be said that natural laws prepare women for marriage earlier. As a matter of fact, according to statistics made in Western European countries, the number of girls remaining virgin at the age of 18, which is considered the legal age of puberty, has dropped below twenty percent. Moreover, the number of women in the world has always been greater than the number of men. The most obvious reason for it is that women are more resistant to diseases than men.

c) Feeling of Lust

According to their claims, permission to marry more than one woman leads men to lust and self-indulgence, that is, to satisfy only their desires.

However, those who know the education and moral system brought by Islam cannot claim such a thing because Islam has taken many measures to prevent men and women from committing adultery. The most important of them is hijab, which keeps men and women at a distance from each other. Allah states the following in the Quran: “Nor come nigh to adultery.”  This command introduces measures to prevent adultery. Everyone who is a Muslim will understand many things when they think about this commandment. Undoubtedly, by complying with this command of the Quran, it is possible to keep the eyes away from haram and the ears not to be filled with useless things that provoke the soul. Women and men not dressing in a way that provokes lust, women avoiding tabarruj (indecency), in the words of the Quran, and not allowing unnecessary mixing of men and women in homes and places where they are supposed to be together are also considered among the measures that prevent fornication.

Allah introduced privacy to Muslims’ homes with those verses and similar ones. It is forbidden to enter someone else’s house without permission. Men and women are warned to protect their eyes in verses 27–31 of the chapter of an-Nur. Women are prohibited from exposing their ornaments to non-mahram people. And finally, women are ordered to cover their heads to keep away from fornication.

Undoubtedly, in a society that acts in accordance with the commands of the Quran, obsessions such as fornication will be at a minimum because the religion of Islam can keep human sexual impulses under control through worship and abstinence from haram things. In Western societies, on the other hand, relations between men and women are not like ours. For example, a woman there can sleep with whomever she wants, and neither the legislator nor society criticizes her. In our country, since unmarried relationships are considered fornication by religion, such deeds are rightfully considered immoral by society.

Conclusion

It can be said that one of the main factors that keeps fornication to a minimum in the Islamic society is the shari’ah’s permission to marry more than one woman because a man who resorts to polygamy when necessary does not stoop to inclination towards immorality and prostitution. It is possible to say the opposite for Western societies. Responding to Western civilization’s claim that polygamy is not beneficial for humanity, Badiuzzaman Said Nursi states the following in brief:

“Indeed, if the purpose of marriage was only to satisfy lust, polygamy would have been contrary to it. But as is testified to by all animals and corroborated by plants that ‘marry’, the purpose and aim of marriage is reproduction. The pleasure of satisfying lust is a small wage given by Divine mercy to encourage performance of the duty. Since in truth and according to wisdom, marriage is for reproduction and the perpetuation of the species, since women can give birth only once a year, and can be impregnated only half the month, and after the age of fifty fall into despair, and men can impregnate till a hundred years old, and thus one woman is insufficient for one man, civilization has been compelled to accept numerous houses of ill-repute.”²²

As a matter of fact, a Western researcher said, “No other factor has driven Christian society to prostitution more than the church’s prohibition of marriage with more than one woman.” It can be seen that the permission given by Islam for marriage with more than one woman is a facilitating principle that protects family morality, if applied in cases of necessity. Civilizations that do not accept this principle have been forced to establish prostitution houses throughout the country, in almost every province, which push the youth of that province to immorality. Those societies, which supposedly reject polygamy, have legally accepted the immoral practice of having relationships with many women.

Abstract

Islam accepts marriage with one woman as a rule, and marriage with more than one woman (up to four) as an exception and a case of necessity. Our main purpose in this article is not to defend the tradition of marriage with more than one woman, but to invite believers and everyone who is interested in the issue to rational reasoning. We argue that we should be subject to common sense, not feelings and propaganda on this issue because hostility toward Islam underlies the propaganda about polygamy. This issue is considered good material for those who do not accept Allah, the Quran and the afterlife. Therefore, some circles try to keep the issue of marriage with more than one woman on the agenda in order to find support for their ideas at every opportunity. In this respect, it can be said that marriage with more than one woman, if necessary, is a principle of Islam to be proud of. Civilizations that do not accept this principle have been forced to establish prostitution houses throughout the country, in almost every province, which push the youth of that province to immorality.

Footnotes:

1. an-Nisa, 4/3.
2. Amir Ali al-Hindi, Markazul-Mar’ati Fil-Islam, p. 36; Egypt, 1912.
3. TDV İslam Ansiklopedisi, II, 197; Ist. 1988.
4. Mustafa as-Siba’i, al-Mar’atu Baynal-Fiqhi wal-Qanun, p. 7; Egypt, 1965.
5. TDV İslam Ansiklopedisi, II, 198.
6. Umar Rida Kahhala, az-Zawwaj, I, 98.
7. Hakim Nisaburi, al-Mustadrak, II, 192; Beirut, no date.
8. Suyuti, ad-Durrul-Manthur, III, 429; Beirut, 1985.
9. Malik, Muwatta, Talaq, 76.
10. an-Nisa, 4/3.11. an-Nisa, 4/129.12. Bayhaqi, Sunan, VII, 298.
13. Tabrizi, Mishkatul-Masabih, II, 196.
14. Fadlur-Rahman, Ana Konularıyla Kur’an, p. 123.
15. Suyuti, ad-Durrul-Manthur, II, 428.
16. an-Nisa, 4/ 2.17. Muhammad Abu Zayd, az-Zawwaj Fil-Quran, p. 25; Egypt, 1346 H.
18. al-Anam, 7/152; al-Isra, 17/34.
19. an-Nisa, 4/127.20. Muhammad Hamdi an-Nashshar, al-Mar’atu Fil -Islam, p. 46; Egypt, 1911.
21. Mustafa as-Siba’i, ibid., p. 85.
22. Bediüzzaman Said Nursi, Sözler, Yeni Asya Neşriyat, Germany 1994, p. 373.

(see Musa Kâzım YILMAZ, Köprü Magazine, 2011, Issue 113)

- In Islamic fiqh, the age of puberty is related to age and menstruation, as well as being strong enough for sexual intercourse. It is a well-known fact that the difference of bodies causes different states regarding the issue.

- Therefore, Islamic scholars state that it is not permissible to hand over a little girl who is too weak to have sexual intercourse to a man - though it is permissible to marry her - rather than taking the concept of “puberty” into consideration. (al-Mawsuatul-Fiqhiyyatul-Kuwaytiyya, 30/122; Hashiyatud-Dassuki, 2/298; Mughnil-Muhtaj, 4/373; Kashshaful-Qina’, 5/186)

Therefore, the vast majority of fiqh scholars argued that the guardian could marry the child under his guardianship off - whether or not she was mumayyiz (discerning minor) without obtaining her consent provided that it was useful for her but that she would stay with her family until she reached the age of puberty since the actual marriage life could not be started. (al-Fatawal-Hindiyya, I, 287)

So, making the marriage contract does not mean entering the nuptial chamber. For example, a child can be married off and such a marriage contract is valid according to most of the scholars. However, until the girl reaches the age of puberty and accepts marriage, actual intercourse is not permissible. According to Abu Hanifa, that age is “seventeen”.

Some early period fiqh scholars such as Abdullah b. Shubruma, Uthman al-Batti and Abu Bakr al-Asam, stated that parents were not authorized to marry minors off on the grounds that they did not know the meaning and nature of marriage and had no need for marriage in any way. (Sarakhsi, IV, 212)

That view was preferred in the 7th article of the 1917 Ottoman Law of the Family Decree.

A third party must be present with the parties who meet with the intention of getting married. Otherwise, "khalwah", that is, "two people being alone in seclusion", occurs, which is not permissible. This meeting includes talking, chatting, and expressing their demands and requests from each other because the level of thought and culture of the parties, their stammering or stuttering (if any), or the tone of their voices become more evident when they talk.

After a while following those meetings and conversations, the opinions and impressions of the parties about each other become clear. After a short time, they make their decision. Religious permission exists for only one meeting. Meeting three or five times is far from seriousness; besides, it is not beneficial for the health of the family to be established.

The view of the Shafii madhhab on the issue is remarkable in that it shows the dignity and seriousness of the family institution. The man who wants to marry must see the girl before becoming a suitor. However, the girl and her family must not be aware of it. This is more appropriate in terms of the honor of the girl and her family. If he likes the girl, he can become a suitor; thus, neither the girl nor her family will be hurt. That is the reasonable and applied view. This view is confirmed by the hadiths indicating that it is permissible to look at the girl with or without her permission.

It is clear that it is permissible for a man to look at the woman he wants to get married in the meetings before the marriage or at any other woman as long as there is no lustful feeling.

The decree regarding forced sexual intercourse is not exclusive to concubines; the same decree applies when a man forces himself on his free wife against her will.

So, what is the decree?

Forcing a woman into sexual intercourse against her will is abuse and a form of torture. Islam does not permit abuse or torture of slave women or free women. Both parties should act with patience, understanding, and mercy.

The verse is understood without any difficulty as “those who do not menstruate because of a fault even though they are of age” and it should have been understood like that.

In different geographies and cultures, there may be customs of marrying girls who have not yet menstruated; that must have been why some tafsir understood it that way.

Islam has adopted the principle of protecting life and health as a principle, and the purpose of marriage is to establish a family and reproduce.

Marrying young girls actually is both harmful to health and contrary to the purpose of marriage.

There is no drawback to a man who has not married before marrying a widow with children. Besides, the state of the woman he will marry is important. It might sometimes be better to marry a widow. The parties are to decide about it. As a matter of fact, when the Prophet (pbuh) was 25 years old, he married Hz. Khadijah, who was a widow aged 40. All of his other wives except Hz. Aisha were widows.  

However, a man can prefer an unmarried woman if possible. However, this is an advice; it is not binding.

When I got married, the Messenger of Allah (pbuh) asked me,
"What kind of a woman did you marry (a widow or a virgin)?" I said,
"I married a widow." He said,
"Why did you not marry a virgin? You would play with her and she would play with you." [Bukhari, Nikah 10; Muslim, Rada 54, (715); Abu Dawud, Nikah 3, (2048); Tirmidhi, Nikah 4, 13 (1086, 1100); Nasai, Nikah 6, 10 (6, 61-65)]

Uwaym Ibn Saida narrates:

"The Messenger of Allah (pbuh) said,

"Marry virgin girls. Their mouths are sweeter, they are more fertile and they would show consent to less."

The sweetness of their mouth is understood as follows: "They speak decently since they are shy; they do not utter offensive and bad words against their husbands." The hadith praises the attribute of fertility of women.

It is said that what is meant by a woman showing consent to less can be "related to material needs like eating, drinking and garments as well as sexual intercourse." The following is also stated: "A widow may have had plenty of material things from her previous husband. When she cannot find the same things or better things from her new husband, unpleasantness may occur." (Prof. Dr. İbrahim Canan, Kütüb-ü Sitte Şerhi)

A marriage for a certain period is called mut'a marriage. This marriage is haram in the religion of Islam.

Click for additional information:

Will you give information about Mut'a marriage? Is it permissible?

Marriage is the most valuable institution after religion; it is given to man to provide him with peace in the world and the hereafter. For, men and women, who were created with different natures and abilities, can meet their needs only by establishing a home through marriage and attain the happiness of the world and the hereafter.

Badiuzzaman Said Nursi states the following regarding the issue:

“What satisfies man’s needs most is to have a heart corresponding to his heart so that both parties will exchange their love, enthusiasm and pleasure and help each other related to distressing and sorrowful things.” (İşaratü’l-İcaz, the interpretation of verse 25 of the chapter of al-Baqara)

However, this eternal companionship, which starts with the marriage contract, includes some problems and trouble along with joy. It is essential for the spouses to get on well and to act harmoniously in order to put up with those problems.

The first prerequisite of harmony is being religious. For, “what completes spiritual harmony, hearty familiarity and intimate knowledge with the woman and makes apparent and artificial friendship sincere is the woman’s being purified and cleansed of bad morals and unpleasant traits.” (İşaratü’l-İcaz, ibid)

However, that is not enough because marriage is an institution with heavy responsibilities. What gives a person the power to fulfill his responsibilities in marriage is only his spouse, to whom he is attached with love.

Man will endure the troubles of marital life and male-female companionship only with a heart that corresponds to his heart, that is, a spouse that he will love heartily and with whom he will be happy and peaceful.

Therefore, two people who want to live together with love until the end of their lives should love each other in all aspects; they should like each other physically and they should feel an affinity for each other in the first meeting.

Besides, a person who finds his/her spouse beautiful/handsome will remain faithful and will not seek anything in others.

Therefore, according to Islam, it is essential for the husband to be equal to the wife while choosing a spouse.

This equality should be in all aspects if possible, primarily in religion and in other preferred aspects if not possible. Physical equality and beauty are among them.

However, physical beauty might not be an important criterion for everyone because the expectations of men and women from marriage are different; the expectations and priorities of individuals from marriage are also different.

While physical appearance is important for some, occupation, human nature, origin, education, economic situation, family, etc. are for more important for others.

Therefore, a person must determine his expectations from marriage, priorities and sine qua nons along with the characteristics he wants in his spouse before choosing a spouse.

One should not prefer those who do not meet his expectations because the biggest problem that awaits couples after marriage is the disappointments they experience and reaching a point of no return.

One of the aims of the engagement period in our culture is to enable the couples who want to marry to get to know each other and understand each other and to feel whether their hearts are close or not.  

In this regard, the couples who want to marry should listen to their hearts and intuitions without being under the pressure of the environment.

If they feel a problem, they should think about it again.

Are the reasons for this problem in them prejudices or the effect of the environment, another candidate in mind, or escaping from marriage by using some things as excuses? Or does he not feel warmth in his heart toward his would-be spouse not think she fits him?

If you can answer these questions easily, it is best to listen to the voice of your heart and trust the power of intuition given by Allah because sometimes our hearts and intuitions can see what the mind cannot see.

However, if you make a preference by accepting religiousness as an essential and indispensable measure, content yourself with your share, think that there are aspects in everything and keep in mind the Quranic verse stating that there may be good aspects in the things that we do not like; take care of your spouse and family. For, those who content themselves with their shares will be comfortable and find peace; and we hope they will attain the bliss in both worlds.

A person cannot marry the brother of his/her milk sibling. There is a general rule regarding the issue “A person who is breastfed is haram for the offspring of the person who breastfeeds him/her.” That is, a child who is breastfed cannot marry the descendants of the woman who breastfed him/her.

We were asked a similar question before and gave the following answer:

“In the articles 7 and 8 of the “Family Law Decree” (like a law), issued with the approval of the sheykhulislam in the last years of the Ottoman State (1917), the following is stated:

Article 7:

No one can marry a boy who has not reached the age of 12 or a girl who has not reached the age of 9.

Article 8:

When a girl who has reached the age of 17 applies to marry a man, the judge informs her guardian of the matter, and if the guardian does not object or if no objection is deemed valid, the judge permits the marriage.

In other words, when a girl who has turned seventeen wants to marry a boy (she acts as a party to the marriage herself rather than through her guardian, she herself says yes), her guardian must be informed; even if the guardian objects, this objection must be legitimate. Otherwise, if she is forced to and has no other option, she can bypass her guardian and apply directly to the marriage registry to get married.”

Sexual intercourse is not permissible with a partner (girl) who has not reached puberty.

Our Prophet (pbuh) allowed women who did not love or want their husbands to separate from them.

According to some ijtihads, a girl who was married off while still a minor, even by her guardians such as her father or grandfather, has the right to accept or reject that marriage when she reaches puberty (Khiyarul-Bulugh).

The Act of Marriage is a contract, a settlement and an agreement; it has certain conditions. If any of the conditions is not fulfilled, that Act of Marriage will not be valid.

1. The individuals who wish to get married have to be ready by person or by their duly appointed representatives.

2. The statement of both parties’ own will to get married. Both parties have to state that they accept the Act of Marriage by saying “I have accepted”.

3. The permission from the guardian of the girl. This rule applies to all the sects except the Hanafi sect.

4. The presence of the witnesses. These witnesses have to be two (2) men or one (1) man and two (2) women who have reached the age of puberty and who are sane. So, it means there has to be at least one (1) man as a witness.

There is another condition apart from the conditions mentioned above; the announcement of the marriage. This rule applies to the Maliki sect only. However, it is stated in the Ottoman Family Law Decree that the marriage contracts not registered by the district judge (qadi) will be considered void and the official marriage is strictly emphasized.

We do not consider it appropriate to have a religious marriage before a civil marriage. We regard it necessary to have a civil marriage as well as a religious marriage especially for the protection of women's religious and worldly rights.

As a matter of fact, it is stated in the Ottoman Family Law Decree that the marriage contracts not registered by the district judge (qadi) will be considered void and the official marriage is strictly emphasized.

They prefer religious wedding so as not to commit any sins when they are alone. However, after doing that, they might find themselves in a very hard situation.

When a woman and a man, with or without the permission of their family, get married in the presence of witnesses, that marriage will be valid and unless the man divorces the woman, the woman cannot get married with someone else. In this regard, this is very dangerous. As a matter of fact, we receive dozens of questions regarding this matter. For example, “I had a religious marriage contract with a guy; he does not divorce me. What should I do?” “I got married with someone else before getting divorced from my other husband. Is it regarded as adultery?” We encounter so many horrific problems. As a result, incidents that are impossible to compensate occur. That is why, we never approve of religious marriage without an official marriage.

A man who acted in anger from time to time, which he would regret afterwards, came to the presence of Muhammad (pbuh) and asked him:

- Tell me about a deed that would get me to heaven so that I can do it and go to heaven!

The Prophet’s reply was very brief and clear:

- Overcome your anger; do not act upon; it will be enough for you!

Yes, anger is not an ordinary and simple state; as a matter of fact, a man who cannot overcome his anger will pull the trigger and kill a human being without hesitating. After that, he will regret throughout his life.

Due to such results of anger, the Prophet (pbuh) frequently warns us:

He warned the people around him by saying:

- If you want do something good that would take you to heaven, do not act upon your anger, overcome your anger, curb it, and stay away from provocations that would lead to anger.

The most important thing to know about anger, which always leads people to regret, is that there are various kinds of anger. Some people think that anger is just a nervous violence.

However, there is a type of anger which is the outcome of a sexual provocation and this type of sexual anger has more dreadful results than the temper type of anger which will make someone to kill another by pulling the trigger without any hesitation.

Furthermore, because the sexual anger would have more dreadful results compared to a temper-driven anger, Muhammad (pbuh) warned us to stay away from such views and environments that would provoke our sexual anger, and advised us not to exceed the limits of privacy; he even gave us a striking warning among his other warnings about this matter:

- A person whose sexual instincts have been aroused will be same as a person who has lost all or two-thirds of his mind. It means a person whose sexual instincts have been aroused and turns towards rebellion will take any risk without thinking.

When two strangers from opposite sexes come eye to eye, face to face in solitary places, it will pave the way for sexual anger to be aroused slowly. At first, innocent conversations, then shaking hands and holding hands; then, such a time will come that the waves of the sexual tension will drift the parties to such points they will start to see impossible things as possible. Just like the girl on the phone who was desperately seeking for guidance and help.

A girl over the phone was asking me on the other end of the line:

- We would like to have a secret religious marriage with my schoolmate, what do you think?

My response was definitely a harsh reaction:

- I am against every sort of suicide. A girl trying to secretly get married without the permission of her parents at the beginning of her life by risking her life is most probably the same as committing suicide. Maybe not for the boy, but for the girl the result is not any different than a suicide.

-She insisted on asking if there was no other way?

I said, “Yes there is and it is very easy.”

She got excited:

- Please tell me about it at once.

- Make an official marriage contract. So, you can save yourself and your family from a great devastation.

- But that is impossible now. Neither my family will give permission nor our school and age will allow us for such a thing.

- So, neither your age and school nor your parents will allow you to do such a thing. How do you dare to have a secret religious marriage and what is the reason for this rush?

- We have been friends for a long time. We have got used to each other. We seem to be unable to think of these obstacles ahead of us; so, we are ready to take the risk of having a religious marriage.

Yes, not avoiding becoming eye to eye with a stranger and exceeding the limits of privacy will make the parties unable to think of the results of their actions. They risk making mistakes that they will regret for the rest of their lives. They will make not only themselves but also their families miserable.

Besides, according to Shafii sect, religious marriage cannot be performed without the permission of the guardians. According to Hanafi sect, if the parties are not equal (do not match), the guardians do have the right to oppose and separate them.

In addition, it is against the law to have a religious marriage prior to the official marriage.

However, the ones who are drifted away by the sexual anger and temptation cannot think of these obstacles.

The education, guardianship and tutelage are established in fiqh/shariah with certain decrees; it is not valid to change them by stipulating otherwise.

Thursday evening is the beginning of Friday and prayers are acceptable on Friday; therefore, we are advised to say prayers on that night and on Friday. It is not necessary to read the supplication "Salatan tunjina" that night. This supplication can be preferred due to its virtue.

A nikah is made only once and it is not broken unless a divorce occurs. Therefore, renewing nikah is not necessary. Repentance and asking for forgiveness made in many places with renewing nikah are good things. However, renewing nikah is not religiously appropriate due to two aspects:

1. Since renewing nikah is a marriage contract both the husband himself or his deputy and the wife have to be present. If the husband is appointed as proxy by his wife, it is enough. However, the majority of the congregation who renew nikah is not appointed as proxy by their wives.    

2. In nikah, two witnesses that will hear the marriage words are necessary but while renewing nikah in the mosque, everybody follows the imam and repeats his words; nobody hears the words of others; therefore, no religious nikah is regarded to have been made.

(Halil GÜNENÇ, Günümüz Meselelerine Fetvalar, II/130)

"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 that which your right hands possess. That will be more suitable, to prevent you from doing injustice." (an-Nisa, 4/3)

The Interpretation of the Verse:

Oh guards! Do not attempt to change the clean nice goods of the orphan that you keep with your bad goods. 

The goods of orphans are haram and dirty for you. Your goods are halal and nice. Therefore, do not attempt to change the goods of the orphan that are haram for you with your halal goods. Keep the goods of the orphans as they are. If it is necessary to sell some of them in order to protect them, sell them at their market price so that you will not be accused. At this point, there are decrees about the movable and immovable goods, and durable and non-durable goods among the movable goods. 

Do not ignore the goods of orphans by looking after your goods well; look after their goods as well as your goods and even better than your goods.

Do not grab the goods of orphans, which will cause your destruction by eliminating your nice goods because of that.

Do not act gluttonously and impatiently by devouring the goods of orphans, which are haram for you, by not waiting for your goods.  

Tafsir scholars explained these meanings one by one. To sum up, protect the goods of orphans through all means. And do not devour them by adding them to your own goods; that is, do not waste them and do not benefit from them. For, each of them is a big sin.   

YATAMA: It is plural of the word yatim (orphan) like "nadim and nadama". Or, it is the plural of the plural. "Yatim" is derived from "yatam" which means alone. As a matter of fact, a unique pearl is called "durr al-yatim" (the pearl that is the only one in the mother-of-pearl). With this thought of the meaning of being alone, a child whose father died is called yatim; to become a yatim is expressed with the word “yutm”. Therefore, lexicologically, this word can be used for both young and old children. For, the meaning of being alone without a father is permanent. However, traditionally, it is used for the children who have not reached the age of standing on their own feet. In this aspect, the word “yatim” is related to the meaning of weakness, especially weakness of the mind and lack of thought. Therefore, the word yatim can be permanent lexicologically and traditionally on the people who reach the age of puberty but do not become sane; the women who are left as widows are also called yatim. As a matter of fact, the Messenger of Allah states the following in this sense:

"Permission is asked from a yatim (widow) woman." (Abu Dawud, Nikah 23, 25)

It is definite that this permission cannot belong to a small child. Another hadith regarding the issue is as follows: 

"Fear Allah about these two weak people: Yatim and woman." (Munawi, Faydul-Qadir, I/128)

It shows the weakness aspect of yatim. However, an adult man who is not sane and whose thoughts have not formed fully is not called a yatim; a male person is called a yatim only when he is a child or near childhood but a woman is called yatim at an old age when she leaves her father and her husband.

"There is no yatim state after puberty." (Abu Dawud, Wasaya 9)

It is understood from the hadith above that not the lexicological or traditional meaning but the religious decree matters, which indicates that a person is not yatim after puberty.

In that case, when the words YATAMA and AYTAMUN are used, boys or girls (children) whose fathers died as well as women who are without husbands can be understood. They need mercy and it is necessary to fear Allah about them.

In general, apart from the goods of yatims, the lives and honors of yatims and also the lives and honors of women, who are regarded as yatims in one sense, need to be protected the most. 

Therefore, (...) if you fear that ye shall not be able to deal justly with the orphans, that is, if you fear that you will not be able to pay attention to justice and honesty in terms of their lives, honor and goods, -you will and must definitely fear such a big sin- (...) marry women of your choice, two, or three, or four.

It will be a means of protecting them from harms and dangers, and yourselves from oppression and transgression. In general, women will be saved from desolation and being left unprotected. You will be freed from falling into fornication, other sins and injustice.  

However, it is necessary to ensure justice among women and not to treat one of them differently from the other. Therefore, (...) if ye fear that ye shall not be able to deal justly (with them) –which you should fear- (...) marry only one woman; -since it is pronounced as “u” in Ja’far qira’ah - then only one woman is enough. Or, you can have your female slaves. This, that is, marrying one woman, is more appropriate so that you will not do injustice and wrong. It is definitely easier to observe the rights of only one woman. It is more probable not to fall into trouble in it. It is understood from this sentence that it is more appropriate in terms of not falling into poverty and helplessness, that is, your economy; it was thought as (TA’ULU, TA’ILI) and this meaning was shown as a necessity of the issue.  

Firstly, it is seen that there is a condition here: "If ye fear that ye shall not be able to deal justly with the orphans." The order to marry was based on it with the addressing (FANKIHU). Therefore, it is necessary to know the forms of tafsir that came through narration in order to understand the meaning of this condition and the occurrence of this order:

1. As it is narrated in Bukhari and Muslim, Urwa b. Zubayr said,

"I asked Hz. Aisha the meaning of the divine verse (...).Hz. Aisha said,

"My sister’s son! This is the orphan who is under the protection of her guard and they are partners in terms of goods. He likes her goods and beauty and wants to marry her without acting justly about her mahr. He does not give her the amount of mahr that others will give her. In this verse, the guards like these are prohibited from marrying orphans that are under their guardianship unless they pay them the highest mahr and they are advised to marry other women that they like."

Hz. Aisha continued as follows:

"After this verse, people asked the Messenger of Allah fatwas about it. Thereupon, Allah sent the following verse:  

"They ask thy instruction concerning the women. Say: Allah doth instruct you about them: and (remember) what hath been rehearsed unto you in the Book, concerning the orphans of women to whom ye give not the portions prescribed and yet whom ye desire to marry, as also concerning the children who are weak and oppressed: that ye stand firm for justice to orphans. There is not a good deed which ye do, but Allah is well-acquainted therewith." (an-Nisa, 4/127)

This is the verse from the Quran starting with (WA IN KHIFTUM...).  The verse (WA TARGHABUNA...) indicates the fact that they do not desire to marry orphans when they lack beauty or wealth. Since they did not desire to marry these orphans, they were prohibited from marrying the orphans whose wealth and beauty they liked unless they acted justly and observed their rights." (Bukhari, Wasaya 21)

In Muslim, in the narration reported from Hz. Aisha, from Urwa and from Urwa’s son, Hisham, Hz. Aisha said, 

"The verse starting with (WA IN KHIFTUM...) was sent down for the following case: A man is the guard of a girl who is an orphan and is her inheritor. The orphan has some wealth but she has nobody else to protect her and to help her marry. This man, who is her only guard, wants her wealth and does not marry her off to anybody; he prevents her from marrying, harms her and does not treat her well. Therefore, Allah says, (...) ’I have rendered so many things halal for you; leave that orphan.’"

The relation of this interpretation with the previous verse with the meaning "Give the orphans their wealth and do not harm them because of their wealth" is clear. Zuhri and Rabi also interpreted it like that. Abu Bakr ar-Razi preferred this view in Ahkamul-Qur'an and stated that it was reported from Ibn Abbas. The guards that can be thought to marry like that may be cousins who are non-mahram.

2. The following two sentences were reported from Ibn Abbas:

"Men were limited with four women due to the goods of orphans. For, a man was able to marry as many women as he wished due to the wealth of orphans. Allah prohibited this." (Suyuti, II/427)

Hasan b. al-Hasan, one of Tabiun tafsir scholars, said something similar:

"The guards used to marry the orphans who were under their guardianship. However, they married these girls because they liked their wealth, not the girls themselves. Therefore, they did not treat them well and expected their death in order to get their inheritance; they were prohibited from doing it."

3. When the previous verse (WA’TUL YATAMA...) was sent down, the guards feared that they would not be able to act justly and that they would commit sins; therefore, they started to avoid being guards. At that time, they could have ten, more or fewer women as their wives and they could not observe their rights and they could not act justly. Therefore, the verse addresses them as follows:

"If you fear that you will not be able to treat orphans justly and hence avoid being their guards, fear that you will not be able to treat your wives in general justly and marry as many women as you will be able to observe their rights, which is maximum four."(Suyuti, II/428)

Qatada and Suddi said this by reporting from Ibn Abbas. However, this narration is based a condition as follows: The previous verse must have been sent down before it and it must have been common. However, its decree appears related to the verses after it (an-Nisa, 4/5-6). This necessitates that they must have been sent down together. Therefore, the reason in terms of this meaning is not the verse that is mentioned; it is stated that even in the Era of Jahiliyyah, Arabs regarded deeds against orphans as sins but not against women; Ibn Jarir Tabari reported like this from Suddi and Qatada.

Sa'id b. Jubayr said,

"People used to act in accordance with the traditions of Jahiliyyah unless they were informed about an order or a prohibition. They asked the Messenger of Allah a question about orphans. Allah sent down this verse: (WA IN KHIFTUM...) It means fear that you will do injustice to women just as you fear about orphans and marry as many women as you will be able to act justly."

4. The following is reported from Ikrima:

"A Qurayshi man used to have several wives and orphans. When his wealth ended, he would start to use the wealth of the orphans. Therefore, this verse was sent down: (WA IN KHIFTUM...)A man used to marry four, five, six and ten women. Another man would say why I should not marry like him. Then, he would grab the wealth of the orphan and marry another woman with this wealth. Therefore, men were prohibited from marrying more than four women." (Suyuti, II/427)

Fakhruddin Razi says this is the view that is closest to the reality: “When a person marries many women, his expenses will definitely increase; due to this need, the guards could grab the wealth of orphans; thus, it seems that Allah warned people against marrying many women." (Fakhrur-Razi, IX/178) He preferred this view. However, this preference was also criticized. For, regarding the reason for prohibition as the worry of grabbing the wealth of the orphans only and not thinking of the orphans themselves and the issue of treating women justly in the main reason along with regarding them as guiding mean not to give the right of the profound and various wisdoms behind the revelation of this verse. Besides, it cannot be accepted that the same drawback does not exist in the issue of female slaves.

In addition, it is not accepted by everybody that the presence of the verse here aims directly to reduce the number of the women and that it first and foremost aims to prohibit more than four women. Although it is an order to limit marrying with at most four women in this verse and the prohibition of more than four is therefore definite and it is certain that the number in Jahiliyyah tradition is decreased, it is also clearly understood that a style of increasing the permission from one to four as Hz. Aisha says, ’I have rendered so many things halal for you...". Therefore, prohibition of decrease and increase is not based on a phrase but an indication. The statement of Ibn Abbas reported above only expresses that decreasing this number and prohibiting the extra is definite.

5. Some tafsir scholars said, “When a man found a rich and beautiful orphan, he would marry her at once; thus, sometimes a man had more wives than he could look after and protect their rights. The verse beginning with (WA IN KHIFTUM...) is about them. It says, 

"If you fear that you will not be able to deal justly with the orphans and women, marry the other women that you like."

Qadi Baydawi preferred this view too. However, as Abus-Suud criticizes it justly, the text of the Quran is not suitable for it.   

For, in this case, the order and encouragement "marry other women" will be meaningless. Minhunna (from them) should have been used instead of minannisa (from the women).

6. Mujahid said its meaning was as follows:

"If you fear that you will not be able to treat orphans justly, fear fornication and marry women of your choice, two, or three, or four so that you will not risk committing a haram deed."

This interpretation includes a great reality and shows that the meaning of avoiding fornication forms an important principle in the meaning of the rights of the orphans and treating women justly, that the permission to marry more than one woman is related to this wisdom and that there is a radical struggle against the evil of prostitution and fornication. Thus, it is seen that some of those narrations show the reason for the revelation of the verse and some of them show the wisdoms and benefits of the revelation of the verse.

Accordingly, each of them is important in terms of one view. The whole of those narrations shows the probable meanings of the verse or the meanings it includes. The narration that shows the reason for revelation the most clearly is the narration of Hz. Aisha. The real reason for the revelation of the verse was the fact that orphans were prevented from marrying others because they were rich or beautiful, that they were forced to marry their guards in return for a low mahr, that they were harmed bodily and financially; thus, the orphans who were not rich or beautiful were not demanded and they fell into debauchery. Therefore, the verse included the prohibition before the order and the wisdom behind the revelation of the verse was the treatment of women justly.

Thus, limitation of marrying more than one woman includes some wisdoms and benefits; and permitting marrying more than one woman includes the wisdoms and benefits of preventing the women from falling into debauchery and increasing the mothers that will give birth to children.  

We explained above that even the widows were called yatim (orphan). It is obvious that the verse is definitely related with the wisdom and aim of the treatment of women justly whether they are young orphans or women that were married unconditionally. Therefore, that the reason for revelation is special does not make it necessary for its meaning and decree to be special so, if the word orphans are dealt with in a general meaning covering widows too even if it does so indirectly in (WA IN KHIFTUM...), the decree and wisdom of the verse will be considered more clearly.   

It means, this verse which is related to guards, husbands and to a certain extent special interests, involves the public and public interest along with them in terms of decree, wisdom and reason for revelation. Therefore, the issues related to marriage include rights of Allah and public rights along with personal rights. Therefore, marriage is both a right and a duty. It is both a transaction and worship.

After attracting attention to relatives and orphans, who deserve mercy and compassion the most clearly, Allah agitates the feeling of justice under the excitement of both of the fine feelings and determines the issue of marriage, which is the development law of life and human happiness and which is related to financial issues, and all of the subtleties of the relationship that exists between woman and man from the creation and that has aspects of right and duty and that covers expansion in one aspect and limitation in another aspect; He generally encourages men to protect women and prevents men from oppression, injustice, immorality and prostitution. 

Allah tells you that the rights of women and orphans and protection of these rights are among general duties, that marriage is an important principle regarding the issue, that marrying more than one woman, which is reasonable, is a necessity of the rights of women and the honor of women, that this should be applied with justice and in turns in a way that will not harm the aim of treating them justly, and that the men who fear that they will not be able to observe these rights fully and will commit injustice should marry only one woman or find female slaves enough since marrying more than one woman encumbers heavy burdens and duties on men; thus, He states that you are people who fear that you will not be able to observe the rights of orphans and women in the presence of Allah’s orders that warn you and that you should act in accordance with this detailed explanation. This is the meaning of the condition starting with (WA IN KHIFTUM...): "If you fear that ye shall not be able to deal justly with the orphans."

The following question can come to mind here first: What if that condition does not exist? Such a condition is not possible here according to the real meaning of fear. For, not to fear injustice about orphans means unbelief. Therefore, it brings about a contradiction for a believer to think that the condition (WA IN KHIFTUM) does not exist. It is clear that the punishment when this condition does not exist is unbelief. From this point of view, this condition does not limit the order; it supports the order.

However, this is not the case if "if you fear" (WA IN KHIFTUM...) metaphorically means “if you know you will think it will be injustice”. It is possible to assume that this condition does not exist. Thus, it is known that the orphans will not be wronged and that their wealth, lives and honor will not be harmed. To determine what will happen if injustice is not thought will be a decree about the opposite meaning of the verse; therefore, it will be an issue of ijtihad to state it. Hz. Aisha showed a way of solution based on the reason for revelation. In logic, if the first clause in a conditional proposition does not occur, the next clause does not have to fail; therefore, if the fear mentioned above does not exist, it does not mean that marriage with one or more than one woman cannot take place. Therefore, none of the mujtahid imams and tafsir scholars said that this condition stated a decree except the mahr of young girls mentioned by Hz. Aisha in terms of jurisdiction. The condition of fear in both senses are related to the heart; therefore, they express a decree in terms of being religious, not in terms of jurisdiction. For, if a person who knows that he will not be able to act justly marries more than one woman, he will be a sinner since he does not avoid injustice. However, in marriage, this marriage does not become invalid and is not broken like marrying more than four women. Judicial decrees like nafaqah (alimony) and lineage will occur. If he avoids injustice after marriage, he will gain thawabs.

Then, what is the meaning of the order (fankihu: marry)? Since the order apparently means wajib, those who follow the madhhab of Zahiriyyah say this order is wajib and therefore, it is fard al-ayn to marry for any person who is sexually potent and who can afford to marry. Most of the Ahl as-Sunnah scholars agree that it is fard al-ayn to marry for a person who feels horny, who faces the risk of fornication and who can afford to look after his family; however, they do not generally say that it is wajib to marry. According to Hanafis, it is wajib if a person feels horny and it is normally sunnah al-muakkadah base on the following hadith: 

"Marriage is my Sunnah. Anyone who turns away from my Sunnah is not from me." (Bukhari, Nikah 1; Muslim, Nikah 5)

It is makruh to marry if a person fears that he will wrong his wife. There are some Hanafi scholars who clearly say it is fard al-kifayah; it is not fard for everybody but it is fard for the ummah. It means if the whole ummah gives up marrying, they will be sinners. We understand this from the verse. If it is assumed that the whole ummah gives up marrying and even if all of them worship all the time, it is a fact that the whole ummah will disappear. It is obvious that none of them will get rid of the punishment of having a bad intention against the continuation of Islam. Therefore, it is a duty to help those who get married in all aspects. The transactions for marriage should be made easy, not difficult. For, to make marriage difficult means to make fornication easy. 

To sum up, the order (fankihu: marry) is close to the evidence of being wajib related to some conditions and mandub related to other conditions. To marry is better than to remain single with the intention of nafilah worshipping. Imam Shafii says marriage is mubah. He decreed that it was more virtuous and better to remain single with the intention of nafilah worshipping than getting married. Its detailed explanation belongs to the science of fiqh.  

Marrying more than one woman:

It is definite that it is only a permission in general and it is makruh if there is a worry of injustice. However, the verse states that it is mandub to marry more than one woman in some cases and even wajib; the most common case is the risk of prostitution and fornication for both men and women. In accordance with the expression (MATHNA, WA THULATHA WA RUBA'A: two, and three, and four), this permission is up to four women. According to the language, when you say,  "Share these apples to this group in twos and threes and fours", it is understood that some people will be given two, some three and some four apples.

However, some scholars of Zahiriyyah madhhab imagine that these numbers should be gathered in one person due to the conjunction wa (and) between the numbers and ignoring the article al (the) and regarded their sum, nine as the limit. Zahiris do not accept reasoning and consensus; they act contrarily to the tradition of Islam dating back to the era of the Prophet and the agreement (consensus) of the religious imams and mujtahid fiqh scholars. The Prophet is not included among those who are addressed by the verse but it might have been a true view if they had interpreted the number nine as peculiar to the Prophet. Otherwise, it would mean two times two, two times three and two times four, which would reach the number eighteen, not nine.

On the other hand, some Shiites of Rafizis overstepped the mark by claiming that these numbers do not mention any limitations, that they show their general meaning and that these numbers like in twos, threes and fours strengthen this general meaning. They followed their own desires and wishes. "Allah forbid!"

Contrary to what you state, those who marry after flirting become less happy; the type of marriage in which marital conflicts are seen the most is marriage after flirting.

The man and woman try to appear in the best way to each other before marriage and it ends after marriage. Since a person cannot appear in the best and cutest way all the time, the couples start to act naturally. In that case, they accuse each other by saying, "You were not like that before; you changed after marriage. You are not interested in me as much as you used to."

Those who marry without flirting feel all the excitement and love during the marriage, not before marriage; so their marital life becomes more harmonious and healthier.

How many times do you think a woman or a man will try flirting before marriage in order to understand pre-marital experience and sexual harmony? He/she will try someone; if it is not successful, another one, another one… This is not ethical and moral at all.

Every man and woman want themselves to be the first man/woman for their spouses in their life. Otherwise, there will not be trust and security in their marriage; the previous relationships of the spouses will cause trouble.

A person’s family, especially his parents, are the people who love him/her the most.

Our Lord commands us in the Quran to treat parents well, but He does not specifically say, ‘Treat your children well’ because it is already inherent in man’s nature.

With very few exceptions, which are usually due to mental disorders, mothers and fathers want only the well-being of their children.

Due to the experience of their age, parents give advice to their children on some issues that their children do not, cannot or perhaps do not want to see; their children might not like it.

Therefore, it is necessary to consider the issue well.

If our parents do not agree with us on an issue, especially on a very important issue such as marriage, we must listen to and understand them very well.

It is proven by experience that the predictions of the parents regarding the issue turn out to be true in general. Although it is too late, their children tell their parents how right they were years later.

Therefore, it is certainly necessary to love the person you are going to marry but it is not enough.

- Does the person you will marry fulfill his/her duties toward Allah?

- How can a person who neglects his duties toward Allah be an ideal spouse or parent?

What are the thoughts or reservations of your parents and the parents of your future spouse regarding the issue? They are also very important. Everything should be spoken clearly.

If the foundation is solid and if the parents show consent, the rest will be much easier to handle.

Everything else is material; in other words, it is easier for the couples who fulfill their duties to serve and worship Allah, who get married with the consent of their parents and who form a real close family to overcome the ups and downs of the world.

Therefore, we advise you to consider the issue again through this perspective, without prejudice and calmly try to understand why your parents think like that by talking to them.

You should do so without delaying your duties as a servant to Allah, asking Him for help, and turning toward Him with patience and trust...

Mariya (ra) stayed with the Prophet Muhammad (pbuh) as his concubine and became the mother of Ibrahim (Abraham).

“O Prophet! We have made lawful to thee thy wives to whom thou hast paid their dowers; and those whom thy right hand possesses out of the prisoners of war whom Allah has assigned to thee…” (al-Ahzab, 33/50)

In the verse above, the women who were halal for the Prophet are stated as two groups: the free women whose mahrs were given and the concubines who were included in the booty of war.

It is understood from the verse above that the Prophet (pbuh) took some concubines into his family. According to the information given by the sources, among the concubines the Prophet (pbuh) took as war booty, he freed Safiyya and Juwayriyya - by giving them mahr - and married them as free women. He included Rayhana and Mariya, who was given to him as a gift by the Egyptian ruler Muqawqis, in his family as concubines (see Ibn Kathir, Mawardi, Baghawi, Samarqandi, Qasimi, Ibn Ashur, Alusi, Maraghi, the interpretation al-Ahzab, 50; Qurtubi, al-Ahzab: interpretation al-Ahzab 28-29).

Regarding the issue that Mariya was included in the family of the Prophet (pbuh) as a concubine, (see Tabari, Samarqandi, Ibn Juzay, Razi, the interpretation of at-Tahrim, 1).

According to Islamic decrees, there are three bonds of marriage between the spouses. One of those bonds is broken off with a divorce. When three of them are broken, it is not religiously permissible for them to continue their marriage. 

The spouses who are divorced by the court officially are regarded to have been divorced by one irrevocable (bain) divorce. (as-Sa‘îdî, Hâshiyat al-‘Adawî, Vol. 2, p. 41)

When the spouses that have been divorced by the court want to marry again, they have to make a new marriage contract. In that case, their marriage continues with two bonds if they have not been divorced before. 

Divorce takes place after the divorce decree of the court. If the woman wishes, she can marry the man she has been divorced from with a new marriage contract or another man - after waiting for her iddah (about three months). (Şeyhîzâde, Majma‘ al-Anhur, Vol. 1, p. 464)

According to the vast majority of scholars, including the imams of the four madhhabs, it is permissible to marry a girl who has not yet reached puberty to a suitable person. Their evidence for it is as follows:

a. The phrase “and for those who have no courses (it is the same)” in the verse, “Such of your women as have passed the age of monthly courses, for them the prescribed period, if ye have any doubts, is three months, and for those who have no courses (it is the same)” (at-Talaq, 65/4) indicates that girls who have not yet menstruated can also be married.

b. The verse “Marry those among you who are single…” (an-Nur, 24/32) does not specify any age limit, which indicates that marriage is possible even before reaching the age of puberty.

c. Aisha (ra) narrates: “When I was six – or in another narration, seven – the Prophet (pbuh) married me; and when I was nine, he had intercourse with me.” Bukhari, Muslim, and Ahmad b. Hanbal narrated this hadith. (See Naylul-Awtar, 6/120).

d. It is known that some of the Companions of the Prophet, including Ali, married off their daughters who were considered very young.

e. Sometimes, marrying off a young girl may be for a certain reason. The father may marry his daughter off out of concern that if he misses a suitable suitor, she may never find another one like that. A certain reason is a religious justification. (See W. Zuhayli, al-Fiqhul-Islami, 7/179-180).

Additional Information:

- According to the view accepted by Islamic scholars, the age of puberty is determined by menstruation for women and ejaculation for men. The beginning of menstruation for women is around nine years of age (twelve years for men). Women and men who have reached this age are considered mature and responsible. If those conditions are not observed, the age of puberty is considered to be fifteen years. (See Raddul-Muhtar, 1/306-307; Jazari, al-Fiqhu alal-Madhahibil-Arbaa, 1/123-127; Zuhayli, ibid, 1/456).

- Some scholars consider the age of puberty to be seventeen for women and eighteen or nineteen for men. (See Mabsut, 7/260-Shamila).

- In warmer regions, puberty and marriage age begin earlier than in other regions.

- According to the vast majority of scholars, the first limit for menstruation is nine years old. Menstruation signifies that an environment suitable for the fetus/child is being prepared. This ontological/biological preparation is also an ontological document indicating that a menstruating woman is eligible for marriage.

- In light of all this information, it can be said that the marriage of Aisha at the age of nine can be interpreted in two ways:

Firstly, in Arabs, girls’ ages were counted after they started to menstruate. Therefore, the information in the narrations should be evaluated accordingly. Besides, there is information indicating that Aisha married when she was seventeen or eighteen years old.

Secondly, if we consider it beginning from birth, it is both in accordance with the customs of the time and highly ethical from the perspective of ontological divine law.

Besides, the practice of ‘young girls marrying at a young age’, which was considered ethically normal and perfectly natural within the conditions and cultural context of that era, being deemed abnormal and criticized in today’s modern world, a world governed by rational thought and cultural values is something that any fair-minded historian, sociologist, or anthropologist would not find reasonable even if religious considerations were set aside.

The way modern children perceive the natural norms of human nature, accepting them as either natural or abnormal according to the norms of their social environment and cultural mindset, is similar to this: In many societies around the world, it is considered natural and inherent for men to choose their spouses and propose marriage while the opposite is regarded as abnormal.

On the other hand, in many tribal cultures identified by anthropologists, women make the choice of spouse and propose marriage while men play a more passive role. In fact, those two situations show that both are inherent in human nature. Thus, what is often considered moral value judgments are the product of a perspective shaped by habits, not a healthy mindset.

In this context, the fact that early marriage of girls is not frowned upon in the Arabian Peninsula indicates a permissible practice that each culture and community can apply in accordance with its own norms. Therefore, it would be wrong to infer from this divine permission that early marriage of girls is appropriate and acceptable in places where these norms are not widespread and cultural values have not been formed; similarly, it would be a product of unhealthy mindset to conclude that it is wrong for a girl to marry in a society where the cultural ground is suitable, under conditions where she will not experience trauma and will perceive it as perfectly natural. Indeed, in Turkey, many people’s grandmothers were married at the age of fourteen or fifteen a couple of generations ago, and this was considered perfectly natural, but now, due to changing norms, it is regarded as an extremely bad wrongdoing.

In conclusion, it can be said that divine decrees are given within this broad scope of halal and haram, taking into account every era, every society, all kinds of changing norms and cultural values; however, in practice, it is appropriate for societies to apply the decrees closest to their own norms within that broad scope, according to their own moral structures.

- There may be some true aspects in the example. 

However, it is definitely not appropriate to make it a general rule because there are so many men who mingle with women but who cannot understand the real nature of the women they choose when they decide to marry. On the other hand, a man who has not mingled with women might understand the real nature of a woman he sees for the first time.

Both cases are possible and take place. The elements like the mind, thought, prudence and knowledge of psychology of a person play an important role in it. Besides, Allah’s predestination is in question. It is impossible to escape from what is predestined.

"…Live with them (women) on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great deal of good." (an-Nisa, 4/19)

We can perceive an indication showing that married men should show consent to their qadar from the verse above.  

- The following hadith addresses men:

"A man should not hate and nurse a grudge against his wife. Even if she has some characteristics that he does not like, she also has characteristics that he likes." (Muslim, Rada, 61)

Men are asked to show respect to the family by acting patiently, sensitively, solemnly and by being free from their own desires; in addition, attention is attracted to the fact that it could be their qadar.

- Badiuzzaman Said Nursi’s following address to women is valid for men too:  

“If it is your fate to have a husband who is unsuitable for you, be content with your fate and resigned to it. God willing, he will be reformed through your contentment and resignation. But to apply to the courts for a divorce, which I have heard of recently; that is not in keeping with the honor of Islam and this nation’s good name.” (Lem'alar, p. 203)

Men may have married women that they do not like. They should not divorce them at once. Divorce is an exit door in Islam to prevent life from being a prison. However, it is necessary not to misuse it and to try to improve the marriage. 

- In terms of causes, according to Islam, it is appropriate for spouses to see each other, to look at each other’s faces, speak and even test - each other’s intellect.

The meetings for the future spouses can be arranged a few times legitimately, without allowing them to remain in a closed place alone. What they call “flirt” enables carnal desires to be active. It is necessary to avoid it.

To sum up, it is appropriate for a person to see his/her future spouse himself/herself first, and to make his/her mother sister to see him/her then and to consult sincere people after that. After acting in accordance with the advice of the hadith “Prefer religious ones; you will not have trouble”, one should rely on Allah and show their consent to qadar by signing for their life.