FAQ in the category of Marriage-Nikah

1 Does the marriage of two people who stay away from each other for a long time become invalid?

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.

2 Is it permissible to marry a woman without tasattur?

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.

3 Will you give information about marrying a non-Muslim woman and being a witness of marriage?

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)

4 Will you give information about marrying a non-Muslim woman and being a witness of marriage?

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)

5 Is it permissible to marry for a temporary time period without paying any money? It does not fit the definition of "muta marriage", which is forbidden.

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.

6 Is it permissible for people from different madhhabs to marry? Do spouses have to belong to the same madhhab?

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)

7 What is the advice of our religion about marriage?

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.