General ahaadeeth pertaining
to the procedures of marriage.
The ahaadeeth contained in it are basic and are
not intended to be used by the common person to
derive interpretations, rather they are for the
benefit of of readers in general.
The Following are authentic proofs. I have taken
most of them from the book 'Saheeh Al Jaami' As
Sagheer wa Ziyaadatuhu' by the scholar, the
Muhadith of our age, Muhammad Naasir ud Deen Al
Albaanee. Two of the proofs were taken from
It'haaf Al Karaam Ta'leeq Alaa Buloogh Al Maraam
by Shaykh Safee Ar-Rahmaan Al
Mubaarakfooree.{The one who wrote Raheeq Al
Makhtoom} Note that I am using the new edition
of Saheeh Al Jaami', so the numbering of the
Ahaadeeth is not the same as those from the old
version. You can refer to the Tarteeb of Shaykh
Zuhayr Shaaweesh to the new edition InshaAllaah.
Here is what was easy for me to compile as
proofs for the points I mentioned earlier:
1. THE MUTUAL AGREEMENT
"A Woman is not married until she is consulted,
and a virgin is not married until you have her
permission." They said, "O messenger of Allaah!
And how do obtain her permission? He(Sallallaahu
Alay hi Wa Sallam) said: "If she is silent." (An
taskuta)
[reported by Abu
Hurayrah (r)] [Bukhaaree, Muslim, Abu Daawood,
and an-Nisaa'ee]
Shaykh Al Albaanee reports it in Mukhtasar
Saheeh Muslim no. 602
He makes the takhreej of it in Irwaa Al Ghaleel
no. 1727
He declares it authentic in Saheeh Al Jaami'
vol. 2, no. 7470
2. THE WALEE
"There is no nikaah, except with a Walee." (Laa
nikah illaa bi walee)
[reported by Ibn Abbas (r)] [Ahmad, Abu Daawood,
an-Nisaa'ee, At-Tirmidthi, it was authenticated
by Imaam Al Haakim - this particular chain is
from Abi Moosaa] [It comes from another
authentic chain in Ibn Maajah from Ibn Abbaas
(r)]
Shaykh Al Albaanee makes the takhreej of it in
Irwaa Al Ghaleel no. 1839
He decalares it authentic in Saheeh Al Jaami'
vol. 2, no. 7555
NOTE: So both chains are authentic.
b. "There is no marriage except with a Walee,
and the Sultaan is the Walee for whomever there
is no Walee."
[reported by Aa'ishah(r)] [Ahmad, Ibn Maajah]
Shaykh Al Albaanee declares it authentic in
Saheeh Al Jaami' vol. 2, no. 7556.
3. THE WITNESSES
"There is no marriage except with a Walee, and
trustworthy witnesses." (Wa Shaahidee 'Adl)
[reported by Umraan, and Aa'ishah(r)] [Bayhaqee]
Shaykh Al Albaanee makes the takhreej of it in
Irwaa Al Ghaleel no.'s 1839, 1858, 1860
He declares it authentic in Saheeh Al Jaami'
vol. 2, no. 7557
b. "There is no marriage except with a Walee,
and two witnesses."
[reported by Abi Moosaa] [At-Tabaraani in Al
Kabeer]
Shaykh Al Albaanee makes the takhreej for it in
Irwaa Al Ghaleel no. 1839, 1858.
He declares it authentic in Saheeh Al Jaami'
vol. 2, no. 7558.
4. THE CONTRACT
In It'haaf Al Karaam, I found the following:
(1018) And from Mu'aawiyah ibn Hakeem from his
father that he said, "I said, 'O Messenger of
Allaah(Sallallaahu Alayhi Wa Sallam), What is
the right that one of our wives has over us?' So
he said, 'Feed her when you eat, clothe her when
you wear clothes, and do not strike her on the
face, and do not revile her or make hijrah from
her, except in the house.'
[recorded by Ahmad, and Abu Daawood, and
Nisaa'ee, and Ibn Maajah, and Bukhaaree with
some parts of it being Mu'allaq, and it was
authenticated by Ibn Hibbaan, and Imaam Al
Haakim] Shaykh Mubaarakfooree also considers it
to be Saheeh. It can be found on p. 304 of
It'haaf Al Karaam.
5. THE DOWRY
"The best dowry is the most easy."
[reported by 'Uqbah Ibn Aamir] [Abu Daawood, Ibn
Maajah, it was authenticated by Imaam Al Haakim]
Shaykh Al Albaanee makes the Takhreej for it in
Irwaa Al Ghaleel no. 1923
He declares it authentic in Saheeh Al Jaami'
Vol. 2, 3279
The following is taken from It'haaf Al Karaam p.
307:
Chapter: The Dowry
(1027) From Anas(r) from the Prophet
(Sallallaahu Alayhi Wa Sallam) that he freed
Safiyyah, and made her manumittance, her dowry.
[Agreed Upon] Shaykh Mubaarakfooree mentions
that there are some Fiqh differences among the
scholars regarding manumittance as a dowry, but
the overall presence of a dowry in marriage can
be established from this authentic Hadeeth in
general. And Verily Our Lord The Most High Knows
Best.
