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Shariah Law – 2

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Reliance of the Traveller

SHARIAH ON MARRIAGE

 

The following are exerts from the Islams handbook on Shariah Law

Chapter M in the Reliance of the Traveller.

 

m3.4 The third integral is the (A: bride’s guardian

since a woman may not conduct her own marriage. The Prophet said.
“Let no woman marry a woman to another or marry herself to another.”
The marriage agreement is not valid without a guardian who is:
(a) male;
(b) legally responsible
(c) Muslim;

 

GUARDIANS WHO MAY MARRY A VIRGIN TO A MAN WITHOUT HER CONSENT
m3.13 Guardians are of two types, those who may compel their female charges to marry someone, and those who may not.
(1) The only guardians who may compel their charge to marry are a virgin bride’s father or father’s
father, compel meaning to marry her to a suitable match (def: m4) without her consent.
(2) Those who may not compel her are not entitled to marry her to someone unless she accepts and
gives her permission. Whenever the bride is a virgin, the father or father’s father may marry her to
someone without her permission

 

m6.7 It is unlawful for a Muslim man to marry:

(1) a Zoroastrian woman;
(2) an idol worshipper;
(3) an apostate from Islam (murtadd, def: o8);
(4) or a woman with one parent who is Jewish or Christian, while the other is Zoroastrian.
(5) (N: It is not lawful or valid for a Muslim man to be married to any woman who is not either a
Muslim, Christian, or Jew; nor is it lawful or valid for a Muslim woman to be married to anyone besides a Muslim.)

 

 

Note: There is no legal ground for a wife to accuse her husband of rape as she is obligated to provide herself to his fancy

THE WIFE’S MARITAL OBLIGATIONS
m5.1 It is obligatory for a woman to let her husband have sex with her immediately when:
(a) he asks her;
(b) at home (O: home meaning the place in which he is currently staying, even if being lent to him or
rented);
(c) and she can physically endure it.
(d) (O: Another condition that should be added is that her marriage payment (mahr, def: m8) has
been received
THE WIFE’S RIGHT TO INTERCOURSE
m5.2 (Imam Ghazali:) One should make love to one’s wife every four nights, as is fairest, since the
number of wives one may have is four, and one may wait this long to do so, though one should make
love to her more or less than this, according to the amount she needs to remain chaste and free of want
for it.

 

Evidence of Pedophilia in Shariah Law

m8.2 A guardian may not marry his prepubescent daughter to someone for less than the amount
typically received as marriage payment by similar brides, nor marry his prepubescent son to a female
who is given more than the amount typically received. If he does either of these, the amount stipulated is
void and the amount typically received is paid instead (O: in both these cases, as a necessary condition
for the validity of the marriage contract).

See also Chapter N about wet-nursing.

n12.1(a) the milk comes from a female at least nine years old, whether it is occasioned by sexual
intercourse or something else;

 

Taking Turns with Wives

m10.5 A husband with more than one wife is not obliged to spend his nights with them in turns but may
keep away from them (A: all) without sin. But he may not begin spending the night with one of them
unless he chooses her by drawing lots. Whenever he spends the night with one wife, he is obliged to spend nights with the others, giving equal time to each one. When a husband intends to begin staying
with his wives (A: after an intermission or absence), the wife whose lot is drawn is the first with whom
he spends the night. All are included in taking turns, whether a wife in her period or postnatal bleeding,
one who is ill, or one who cannot have intercourse because of a vaginal birth defect.

m10.6 If the husband wants to take one of his wives on a journey with him, he may not do so unless he draws lots to see who it will be. If he draws lots (A: and takes the winner with him), then when he returns, he does not need to make up the turns which the other wives missed while he was on the
journey. If he did not draw lots but just chose a wife to travel with him, this is a sin, and on his return
he must give equal time to the other wives for the time they missed.

 

m10.9 If a man marries a new wife when he already has another, he interrupts the succession of turns to spend time with the new wife. If she is a virgin, then he stays with her seven days and need not make them up with the other wives. If she is a nonvirgin, then he may choose to either spend seven days with her and make up (O: to the others the number in excess of three days), or spend three days with her and not make up the time with the others.

 

DEALING WITH A REBELLIOUS WIFE

m10.11 When a husband notices signs of rebelliousness in his wife (nushuz, dis: p42) (O: whether in
words, as when she answers him coldly when she used to do so politely, or he asks her to come to bed
and she refuses, contrary to her usual habit; or whether in acts, as when he finds her averse to him when
she was previously kind and cheerful), he warns her in words (O: without keeping from her or hitting
her, for it may be that she has an excuse. The warning could be to tell her, “Fear Allah concerning the
rights you owe to me,” or it could be to explain that rebelliousness nullifies his obligation to support her and give her a turn amongst other wives, or it could be to inform her, “Your obeying me [def: (3) below] is religiously obligatory”).

If she commits rebelliousness, he keeps from sleeping (O: and having
sex) with her without words, and may hit her, but not in a way that injures her, meaning he may not (A: bruise her,) break bones, wound her, or cause blood to flow. (O: It is unlawful to strike another’s face).
(3) It is obligatory for a wife to obey her husband as is customary in allowing him full lawful sexual
enjoyment of her person. It is obligatory for the husband to enable her to remain chaste and free of want
for sex if he is able. It is not obligatory for the wife to serve her husband (dis: w45.1); if she does so, it
is voluntary charity.
(4) If the wife does not fulfill one of the above-mentioned obligations, she is termed “rebellious”
(nashiz), and the husband takes the following steps to correct matters:
(a) admonition and advice, by explaining the unlawfulness of rebellion, its harmful effect on married
life, and by listening to her viewpoint on the matter;
(b) if admonition is ineffectual, he keeps from her by not sleeping in bed with her, by which both
learn the degree to which they need each other;
(c) if keeping from her is ineffectual, it is permissible for him to hit her he believes that hitting her will bring her back to the right path, though if he does not think so, it is not permissible. His hitting her may
not be in a way that injures her, and is his last recourse to save the family;
(d) if the disagreement does not end after all this, each partner chooses an arbitrator to solve the
dispute by settlement, or divorce.)

Surah 4:34

…As to those women on whose part ye fear disloyalty and ill-conduct, admonish them (first), (Next), refuse to share their beds, (And last) beat them (lightly); but if they return to obedience, seek not against them Means (of annoyance): For Allah is Most High, great (above you all).

 



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