1. Nikâh is a great bounty from Allah Ta'âlâ. The affairs of this world and the hereafter are put in order through marriage. There is a lot of wisdom and many benefits in marriage. A person saves himself from sinning and his heart is put at ease. He does not have any evil intentions and his thoughts do not begin to wander and stray. The greatest virtue is that there are only benefits and only rewards in this. This is because a husband and wife’s sitting together and engaging in a loving conversation, joking with each other, etc. is better than nafl salât.

2. A marriage can be executed by just two words, e.g. a person says the following words in the presence of witnesses: "I give my daughter to you in marriage." The person who is addressed replies: "I accept her in marriage." In so doing, the marriage is valid and both of them are lawful husband and wife. However, if the person has several daughters, the nikâh will not be executed by his uttering the words mentioned above. He will have to mention the daughter by name, e.g. he says: "I give my daughter, Qudsiyyah, to you in marriage", and the person replies: "I accept her in marriage."

3. A person says: "Give so-and-so daughter of yours to me in marriage." The father replies: "I give her to you in marriage." In so saying, the nikâh will be valid irrespective of whether he says that he accepts or not. (In other words, it is not necessary for the word "accept" to be mentioned).

4. If the daughter is present and the father says: "I give this daughter of mine in marriage to you", and the person replies: "I accept her", the nikâh will be valid. It will not be necessary to mention her name.

If the girl is not present, it is necessary to mention her name and the name of her father in such a loud tone that all the witnesses are able to hear. If the people do not know the father and there is a strong possibility that by mentioning his name they will still not know whose nikâh is being performed, then it will be necessary to mention the name of the grand-father as well. In other words, such identification is necessary whereby those present immediately know whose nikâh is being performed.

5. In order for a nikâh to be valid, it is also essential for at least two males or one male and two females to be present, to hear the nikâh being performed, and to hear the two words (i.e. the offer and the acceptance) being uttered. Only then will the nikâh be valid. If two persons sit together in privacy and one says to the other: "I give my daughter to you in marriage" and the other person replies: "I accept your daughter", the nikâh will not be valid. Similarly, if the nikâh was performed in the presence of one person only, even then the nikâh will not be valid.

6. If there are no males present, but only females, the nikâh will not be valid even if there are ten females present. Together with two females, one male has to be present.

7. If there are two males but they are not Muslims, the nikâh will not be valid. Similarly, if both are Muslims but both or one of them is immature, the nikâh will not be valid. Similarly, if there is one male and two females but both or one of the females is immature, the nikâh will not be valid.

8. It is preferable to perform the nikâh in a large gathering such as after the jumu'ah salât in a jumu'ah musjid or in any other large gathering. This is so that the nikâh will be well announced and the people will become aware of the nikâh. A nikâh should not be performed in secret and privacy. However, if due to some reason many persons are unable to attend, then at least two males or one male and two females who hear the nikâh being performed in their very presence should be present.

9. If both the man and woman are mature, they can perform their own nikâh. All that they have to do is say the following in the presence of two witnesses: One of them must say: "I am making my nikâh with you" and the other must say: "I accept." In so doing, the nikâh will be valid.

10. If a person does not make his nikâh himself, but asks someone to perform his nikâh with someone, or, he mentions the name of the person with whom he wishes his nikâh to be performed and this person performs this nikâh in the presence of two witnesses - the nikâh will be valid. Even if this person rejects or denies this later, the nikâh will still be intact.

1. Marriage with one's children, grand-children, great grand-children, etc. is not permissible. Nor is marriage with one's parents, grand-parents, maternal grand-parents, etc. permissible.

2. Marriage with one's brothers, uncles and nephews is not permissible. According to the Sharî‘ah, a brother is one whose mother and father is the same, or they have one father but two mothers, or one mother but two fathers. They are all brothers. But if the father is different, and the mother is also different; that person will not be a brother. Nikâh with him will be valid.

3. Marriage with one's son-in-law is not permissible. This is irrespective of whether the daughter is already living with him or not. In all cases, nikâh with him is harâm.

4. A girl's father passed away. Her mother married another person. However, before the mother could even live with her new husband, she passed away or he divorced her. In such a case, the girl can marry this step-father of hers. However, if the mother lived with him, it will not be permissible for this girl to marry him.

5. Nikâh with one's step-children is not valid. In other words, if a man has several wives, then one of the wives cannot marry the children of the co-wives. This is irrespective of whether she had lived with her husband or not. Nikâh with these children is prohibited under all circumstances.

6. It is not permissible for a woman to marry her father-in-law or even the father or grand-father of her father-in-law.

7. As long as a sister is married to her husband, it is not permissible for another sister to marry this brother-in-law of hers. However, if her sister passes away or he divorces her and she completes her iddah, it will be permissible for the other sister to marry her brother-in-law. In the case where the brother-in-law divorces the first sister, it is not permissible for the second sister to marry her brother-in-law until her sister completes her iddah.

8. If two sisters marry one person, the marriage of the sister whose nikâh was performed first will be valid while the marriage of the sister whose nikâh was performed later will not be valid.

9. A man married a woman. As long as he remains married to her, he cannot marry her maternal and paternal aunts and nieces.

10. If the relationship between two women is such that if we had to regard one of them as a man, their nikâh will not be valid, then such two women cannot marry a person at the same time. When one of them passes away or one of them is divorced and completes her iddah, only then will it be permissible for the person to marry the other woman.

11. If a woman and her step-daughter marry a person at the same time, the nikâh will be valid.

12. Adoption is not considered in the Sharî‘ah. By adopting a boy, he does not become one's son. It is therefore permissible to marry one's adopted son.

13. If a man is not one's real uncle but he becomes an uncle through some other distant relationship, marrying him is permissible. Similarly, if a man happens to be one's paternal uncle or nephew through some distant relationship, nikâh with him is permissible. Nikâh with one's cousins is also valid irrespective of whether they are paternal or maternal cousins.

14. Two women who are not blood sisters but are maternal or paternal cousins are permitted to marry one man at the same time. In the presence of such a cousin, another cousin can also marry the same man. The same rule applies to a very distant maternal or paternal aunt. That is, the niece and this distant maternal or paternal aunt can marry the same man at one time.

15. All the relations which become harâm on account of lineage also become harâm on account of breast-feeding. In other words, if a girl is breast-fed by a particular woman, then this girl cannot marry the latter's husband because he will now be regarded as her father. A girl who has been breast-fed by a particular woman cannot marry a boy who has been breast-fed by the same woman. Nor can this girl marry the children of this woman because she is also regarded as a child of this woman. All the maternal and paternal uncles and maternal and paternal nephews who become related due to this breast-feeding also become harâm on this girl.

16. If two girls have been breast-fed by one woman, they cannot marry the same man at one time. In other words, whatever has been explained previously, will also apply to relations based on breast-feeding.

17. A man committed adultery with a certain woman. Now it will not be permissible for her mother or her children to marry this man.

18. Due to the passions of youth, a woman touched a man with evil intentions. It will now not be permissible for her mother or her children to marry this man. Similarly, if a man touches a woman with evil intentions, her mother and her children will be harâm on him.

19. In the middle of the night, a man decided to awaken his wife. However, he mistakenly touched his daughter or his mother-in-law. Thinking them to be his wife, he touched them with the passions of youth. Now, this man will become harâm on his wife forever. There is no way in which she can become permissible for him. It will be necessary for him to divorce his wife.

20. If a boy touches his step-mother with an evil intention, she will become harâm on her husband. There is no way in which she can be halâl for him. If the step-mother touches her step-son with an evil intention, the same rule will apply.

21. A Muslim woman cannot marry a man who belongs to any other religion. She can only marry a Muslim man.

22. A woman's husband divorced her or he passed away. As long as she does not complete her iddah, she cannot marry anyone else.

23. Once a woman marries a man, she cannot marry another person unless and until she is divorced by this person and also completes her iddah.

24. If a woman is not married and she falls pregnant due to adultery, it will be permissible to marry her. However, it will not be permissible to have intercourse with her until she delivers the child. But if the woman marries the same person who had committed adultery with her, it will be permissible for the person to have intercourse with her.

25. If a person has four wives, he cannot marry a fifth woman. If he happens to divorce one of his four wives, another woman cannot marry him until the one who is divorced completes her iddah.

26. The marriage of a Sunnî girl with a Shî'ah man is not permissible according to the majority of the ‘ulamâ.

The person who has the power or choice of getting a boy or girl married is called a wali.

1. The first wali of a boy or girl is their father. If the father is not present, the grand-father becomes their wali. If he is not present, then the great grand-father. If none of them are present, the blood-brother becomes their wali. If he is not present, then the step-brother, i.e. brothers from one father. Thereafter, the nephew, thereafter the nephew's son; and thereafter, the nephew's grand-son. If none of them are present, the blood uncle becomes their wali. If he is not present, then the step-uncle, i.e. the step-brother of their father. Thereafter, the son of the blood uncle and thereafter his grand-son. Thereafter, the son of the step-uncle and thereafter his grand-son. If none of them are present, the father's uncle becomes their wali; and thereafter his children. If the father's uncle, his children and grand-children are not present; then the grand-father's uncle becomes their wali. Thereafter, his children, grand-children, and great grand-children.

If none of them are present, the mother will be their wali. Thereafter, the paternal grand-mother, then the maternal grand-mother and then the maternal grand-father. Thereafter, the blood-sister and then the step-sister, i.e. sisters from one father. Thereafter, the step-brother and then the step-sister who is from one mother. Thereafter, the paternal aunt, then the maternal uncle, and then the maternal aunt.

2. An immature person cannot become a wali of anyone. A kâfir cannot be a wali for any Muslim, nor can a lunatic be a wali for anyone.

3. A mature girl has the choice to marry or not to marry. She can marry whomsoever she wishes - no one can force her to marry a particular person. If she marries a person on her own, the nikâh will be valid irrespective of whether the wali is informed or not, and irrespective of whether the wali gives his consent or not. In all cases the nikâh will be valid. However, if she does not marry a person who is of the same social standing as her, and instead, marries a person who is of a lower standing than her family, and her wali is not happy about this marriage, then the fatwâ in this case is that the nikâh will not be valid.

If she marries a person who is in the same social standing as her, but the mahr that she receives is less then what is normally fixed in her paternal grandfather’s family, then although the nikâh will be valid, the wali will have the right to annul this marriage. The mahr that is normally fixed in her paternal grandfather’s family is known as mahrul mithl. The wali can go to a Muslim court and have such a marriage annulled. However, it should be borne in mind that this right of annulment is only possessed by all those walis whom we had mentioned before the mother. In other words, from the father onwards till the children of the grand-father's uncle.

4. A wali performed the nikâh of a mature girl without asking her or without seeking her consent. The validity of such a nikâh will be dependent on her permission and consent. If she grants her permission, the nikâh will be valid. If she does not grant her permission or is not happy, the nikâh will not be valid. The method of granting permission is mentioned in the next mas'ala.

5. The wali came and informed a young virgin girl that he intends performing her nikâh with a certain person, or that he has already performed her nikâh with a certain person. Upon hearing this, she remained silent, began smiling or began to cry. All these responses of her's will be considered to be a permission and a consent. Now, if the wali performs her nikâh, it will be valid. If he has already performed it, it will also be valid. It is not a prerequisite for her to give a verbal permission. Those who force a girl in giving a verbal permission are in error.

6. At the time of seeking her permission, the wali did not mention the name of her future husband, nor did she have any prior knowledge of him. In such a case, her silence will not be considered to be a form of consent, nor will it be considered to be a form of granting permission. It is necessary to mention the boy's name or some other form of identification whereby the girl can understand that the wali is referring to a particular person. Similarly, if the wali performed the nikâh without mentioning the amount of mahr to her and it was far less than the mahrul mithl, the nikâh will not be valid without her permission. He will have to seek her permission again.

7. The girl is not a virgin, and instead had married previously and this is her second marriage. When the wali asks her or seeks her permission for this second marriage, her mere silence will not be considered to be a form of granting permission. Instead, she will have to give a verbal reply. If she does not give a verbal reply and remains silent, and despite this the wali performs her nikâh, then her nikâh will be in abeyance. Later, if she gives a verbal permission, the nikâh will be valid. If not, it will not be valid.

8. Despite the father being present, the uncle, brother or any other wali sought the permission of a virgin girl. If she remains silent, it will not be considered to be a form of granting permission. Only when she gives a verbal permission will it be considered. However, if the father sent these persons to seek her permission, her silence will be considered to be a form of consent. In short, the wali who is given the first preference in the Sharî‘ah and who has the most right to seek permission from the girl - when he asks her or when someone who has been sent by him asks her, then only will her silence be considered to be a form of consent. If the grand-father had the right of asking her, and instead the brother asked her; or if the brother had the right of asking her and instead she was asked by her uncle, then in such a case her silence will not be considered to be a consent.

9. A wali performed the nikâh of a girl without asking her and without obtaining her consent. After the nikâh, the wali or his messenger came and informed the girl that her nikâh with a particular person has been performed. In such a case, if she remains silent, this will be a permission on her part and the nikâh will be valid. But if someone else comes and informs her, and this person is a pious, reliable person, or two persons come and inform her, then by her remaining silent the nikâh will be valid. But if there is only one person who informs her and he is an unreliable person, then by her remaining silent the nikâh will not be valid. Instead, it will be held in abeyance. When she gives a verbal reply or any other form of granting permission is found, then only will the nikâh be valid.

10. Upon being informed of her nikâh, the girl did not give a verbal reply although it was necessary for her to give a verbal reply. However, when her husband approached her she did not refuse him from engaging in sexual intercourse with her. Even in this case, the nikâh will be valid.

11. The same rules apply to a mature boy, i.e. he cannot be forced into a marriage nor can the wali perform his nikâh without his permission. If his nikâh is performed without his permission, it's validity will be dependent on his permission. If he expresses his consent, his nikâh will be valid. If not, it will not be valid. However, it should be borne in mind that the boy's silence is not considered to be a form of granting permission. He will have to give a verbal reply.

12. If a boy or a girl are immature, they do not have their own choice. Their nikâh is not valid without a wali. If a boy (or girl) performs his nikâh on his own or someone else performs it, it will be dependent on the permission of the wali. If the wali grants permission, the nikâh will be valid. If not, it will not be valid. The wali has full rights over such a boy or girl. He can get them married to whoever he wishes and refuse whoever he wishes. Immature girls and immature boys cannot reject such a nikâh at that time. This is irrespective of whether the girl is a virgin or had been married previously and had also been sent to her (first) husband's home - the same rule will apply.

13. If the father or grand-father perform the nikâh of an immature girl or boy, they do not have the right to reject or repudiate this nikâh even after they become mature. This is irrespective of whether the marriage was executed with a person who is of the same social standing or with a person of a lower class, and irrespective of whether the nikâh was performed with mahrul mithl or whether it was far less than the mahrul mithl. In all cases the nikâh will be valid and they cannot reject or repudiate this nikâh.

14. If a wali other than the father or grand-father performed the nikâh, and it was performed with a boy of the same social standing and the mahrul mithl was also given, then in such a case the nikâh will be valid. However, after reaching the age of maturity, she has the right to endorse this nikâh or to go and complain to a Muslim judge and have this marriage annulled.

But if the wali performed her marriage with a person of a lower social standing or accepted a mahr which was far less than the mahrul mithl, the nikâh will not be valid from the very outset. Similarly, if the wali performed the nikah of a boy with a mahr which was far more than the mahrul mithl of the girl, the nikâh will not be valid from the very outset.

15. A wali other than the father or grand-father had performed the nikâh of an immature girl who also had knowledge of this nikâh. Thereafter, she became mature and until then her husband hadn't had any sexual intercourse with her. In such a case, the moment she becomes mature, she must mention her discontent with regard to marrying this person. She must clearly state that she is not happy. Alternatively, she could say that she does not wish to continue with this marriage. This could be said in the presence of others or in privacy where she is all alone. But she has to mention it verbally. However, by her merely saying this, the nikâh will not be annulled. She will have to go to a Muslim judge, he will annul the marriage, and only then will it be annulled.

Once she becomes mature and allows even a moment to pass in which she does not mention her discontent, she will not have the choice of having her nikâh annulled.

But if the girl did not have any knowledge of this nikâh and only learnt of it after becoming mature, then the moment she is informed, she will immediately have the right to reject the nikâh. If she remains silent for even a moment, she will forfeit this right to reject the nikâh.

16. If her husband engaged in sexual intercourse with her, and thereafter she becomes mature, it is not necessary for her to reject the nikâh immediately after becoming mature or after being informed. Instead, as long as she does not express her consent and happiness, she will have the choice of rejecting or accepting irrespective of how much time lapses. However, if she clearly states that she is happy about this marriage, or her consent is made apparent in some other way such as being in solitude with her husband like any other normal husband and wife, then she will have no choice and this nikâh will become entrenched.

17. The person who is most entitled of being the wali of an immature girl is gone to a foreign country. He is so far away that if the rest of the family had to await his arrival in order to consult him, the girl will lose this opportunity. Furthermore, the person who has come with the proposal is not prepared to wait for so long and it will be difficult for the girl to receive a similar proposal. In such a case, the person who is next in line to become her wali can also perform her nikâh. If he performs the nikâh without consulting the girl, it will be valid. But if the first wali is not very far away, her nikâh should not be performed without consulting him. If it is performed, it will be dependent on his permission. Once he grants his permission, the nikâh will be valid.

18. Similarly, if the second wali performs the nikâh of an immature girl despite the most rightful wali being present, it will be dependent on his permission. For example, if the grand-father performs the nikâh without consulting the father despite the latter being present, it will be dependent on the father's permission. If the right belonged to the brother but the nikâh was performed by the uncle, it will be dependent on the brother's permission.

19. A woman became a lunatic and lost her sanity. She has a mature son and a father as well. If her nikâh has to be performed, her wali will be her son because the son is more entitled of being a wali than the father (father of the woman).

1. The Sharî‘ah has taken great precautions in ensuring that nikâh with an incompatible person or a person of a lower social standing does not take place. In other words, do not perform the nikâh of a girl with a man who is not equal to her in status or who is of no match to her.

2. Compatibility or equality is considered in several factors: (1) lineage, (2) Islam, (3) piety, (4) wealth, (5) profession or occupation.

1. Equality in lineage is that the Shaykh, Sayyid, Ansâri, and ‘Alawi are all equal to each other. In other words, although the status of a Sayyid is more than the others, if the daughter of a Sayyid marries a Shaykh boy; it will not be said that she did not marry someone who is of her family relations. Instead, it will also be regarded as if she has married one of her relatives.

2. In matters of lineage, the lineage of the father is considered and not the mother. If the father is a Sayyid, the son is also a Sayyid; and if the father is a Shaykh, the son is also a Shaykh - irrespective of what the mother may be. If a Sayyid marries a woman who is not a Sayyid, their son will be regarded as a Sayyid. This son will be equal in status to all other Sayyids. Although the son whose father and mother are both from a noble family is respected more, according to the Shariah they will all be regarded as relatives or of the same social standing.

3. The Moghuls and Pathans are regarded as one nation and are not of the same class as that of the Sayyids and Shaykhs. If the daughter of a Sayyid or Shaykh gets married with one of them, it will be said that she married someone who is of a lower social standing than her.

1. Equality in being a Muslim is only considered among the Moghuls, Pathans, and other non-Arab nations. There is no consideration of this among the Shaykhs, Sayyids, ‘Alawis, and Ansâris. A man who accepts Islam and his father was a kâfir cannot be on par or equal to a woman who is a Muslim and her father was also a Muslim. The man who is a Muslim, his father is also a Muslim, but his grandfather was a kâfir; cannot be equal to a woman whose grandfather was also a Muslim.

2. A man whose father and grandfather were Muslims, but his great grandfather was a kâfir will be regarded as equal to a woman whose several forefathers were Muslims. In short, this equality is only considered till the grandfather. Equality beyond the grandfather, such as the great grandfather and beyond him is not considered.

Equality in piety means that a man who does not follow the dictates of the Sharî‘ah - who is a wicked person, a scoundrel, an alcoholic, a shameless person - will not be considered to be equal to a pious, chaste and religious woman.

Equality in wealth means that a person who is an absolute pauper cannot be compatible to a rich woman. If the man is not an absolute pauper, but is capable of giving that amount of mahr that is normally given on the first night and is also capable of giving her maintenance, then he will be regarded to be equal to her in status even if he is unable to give the entire amount of mahr. It is not necessary for the man to be in exactly the same financial position as that of the woman. Nor is it necessary for him to be close to that financial position.

1. Equality in occupation is that, e.g. weavers are not regarded as equal to tailors and are accorded a status that is lower than that of tailors. Similarly, barbers, washermen, etc. are not regarded as being equal to tailors, but are regarded as being lower than tailors.

2. A mad, lunatic person cannot be equal to an intelligent, understanding woman.

1. Once a nikâh is performed, it will be valid irrespective of whether mention of any mahr was made or not. Despite it being valid, one will have to give the mahr. In fact, if a person makes the condition that he will not give any mahr and that he is marrying the woman without any mahr, he will still have to give the mahr.

2. The minimum mahr is 10 dirhams and there is no limit to the maximum amount of mahr. The woman can stipulate as much as she wishes. However, it is not good to stipulate a very high figure. If a person gives an amount less than 10 dirhams or its equivalent, he will have to give the balance as well because mahr cannot be an amount less than the minimum. If the husband divorces his wife (in this case) even before she can come and live with him, he will have to give half of the minimum.

3. A person stipulated R20, R100, R1000, or any other amount according to his financial position. The woman thereafter came and lived with him. He also had sexual intercourse with this wife of his. Alternately, he did not have intercourse with her, but he and his wife were able to meet in privacy where no one or nothing stopped them or prevented them from engaging in sexual intercourse. In both these cases, it will be wajib on the person to fulfil the full amount of the stipulated mahr. If none of the above transpired between them, and one of them passed away, it will still be wâjib to fulfil the entire mahr. Furthermore, if none of the above transpired between them, and the man divorced her, it will be wâjib on him to fulfil half the stipulated mahr.

In short, if the husband and wife meet in privacy, as mentioned above or one of them passes away, the entire mahr becomes wâjib. And if the husband divorces her prior to them being in privacy and seclusion, it will be wâjib to fulfil half the stipulated mahr.

4. If one of them was ill, keeping a fast of Ramadân, in the ihrâm of hajj, the woman was in her hayd or there was someone who was peeping at them or intruding on their privacy, and they met in private or seclusion in any of the above situations, then this privacy or seclusion of their's is not considered. If they meet each other in any of the above situations or circumstances, the total amount of mahr will not become wâjib. If the husband divorces her, it will be her right to receive half the total mahr. However, if the fast was not a fast of Ramadân, instead it was a qadâ, nadhr, or nafl fast, and this was being kept by one of them, then in such a case if they happened to meet in privacy and seclusion, the wife will have the right of receiving the full amount of the mahr. It will be wâjib on the husband to fulfil the full amount.

5. The husband is impotent, however, both of them met in privacy and seclusion. The wife will still receive the full mahr. Similarly, if the husband is a hermaphrodite and they meet in privacy and seclusion and thereafter he divorces her, she will receive the full mahr.

6. The husband and wife met in privacy and seclusion but the wife is so young that she is incapable of sexual intercourse. Alternately, the husband is so young that he is incapable of sexual intercourse. If they meet in privacy and seclusion in such a case, the full mahr will not be wâjib.

7. If no mention whatsoever of the mahr was made at the time of the nikâh, or the nikâh was performed on the condition that the woman will not receive any mahr, and thereafter one of them passed away or they met in privacy - that is regarded as a valid privacy in the Sharî‘ah - even then the mahr will have to be fulfilled. However, in such a case, the mahrul mithl will have to be paid.

In the above case, if the husband divorced his wife prior to being in seclusion with her, she will have no right to receive any mahr. Instead, she will only receive a set of clothing. It is wâjib on the man to give this to the woman. He will be sinning if he does not do so.

8. When giving this set of clothing, only four items are wâjib on the man: a dress, a scarf, a pants, and a sheet which can cover her body from head to toe. Apart from these items it is not wâjib to give any other clothing.

9. The clothing that the man gives should be according to his financial position. If the man is poor, he should give cotton clothing. If he is of a middle class, he should give silk that is of an inferior quality. If he is very rich, he should give silk clothing that is of a very high quality. However, it should be borne in mind that in all these circumstances the clothing that is given should not be more than half the mahrul mithl in value. At the same time, it should not be less than 5 dirhams in value.

In other words, it is not wâjib on the man to give clothing which is very expensive and which exceeds half the mahrul mithl in value. However, it is permissible for him to give clothing that is more than the stipulated amount provided that he gives it happily and out of his own will.

10. At the time of the nikâh no mahr was stipulated. However, after the nikâh, the husband and wife agreed upon a specific amount as mahr. In such a case, mahrul mithl will not have to be given. Instead, the amount that they had agreed upon will have to be given. But if the husband divorced his wife prior to their meeting in privacy and seclusion, she will not have any right of receiving any mahr. Instead, she will only receive the clothing that had been mentioned previously.

11. A person stipulated R100, R1000 or any other amount according to his financial position. Thereafter the husband decided to give more than the original amount that was stipulated. This he did voluntarily and out of his own good will. For example, the stipulated mahr was R100, but he decided to give R150. Whatever additional amount he decides to give will now become wâjib upon him. If he does not give it, he will be sinning. But if he divorces her prior to meeting in privacy and seclusion, he will have to give half of the original amount that was stipulated. The additional amount that he had decided to give will not be calculated.

Similarly, if the wife happily and willingly reduces the amount of mahr, it will be considered to be reduced. If she absolves him from paying the entire amount, it will be absolved. Now she has no right to claim it.

12. If the husband pressurized her into reducing the mahr or instilled some fear into her so that she reduces the mahr, then by her reducing or forgiving her husband, it will not be considered to be forgiven. It will still be wâjib upon him to fulfil the mahr.

13. No cash, gold or silver was stipulated for the mahr. Instead, a small village, a farm or some land was stipulated. This is permissible. The farm, land, etc. that was stipulated will have to be given.

14. A horse, elephant or any other animal was stipulated as mahr. However, a specific horse or a specific elephant was not stipulated. This is also permissible. In such a case an average horse which is not too cheap nor too expensive will have to be given. Alternatively, it's value in cash could be given. However, if an animal was stipulated without specifying the type of animal, this will not be valid. Mahrul mithl will have to be given.

15. A couple got married in an unlawful way and the husband and wife were therefore made to separate. For example, they got married in secret without the presence of two witnesses. Alternately, two witnesses were present but they were deaf and were therefore unable to hear the words that make a nikâh valid. Alternatively, a man had divorced his wife or he had passed away. Prior to completing her iddah, the woman married another man. Or some other form of unlawful marriage had taken place and the husband and wife were therefore made to separate. However, in all these cases, the man did not have any sexual intercourse with this woman. In such a case, she will not receive any mahr. In fact, even if they met in privacy and seclusion, she will still not be eligible to receive any mahr. But if sexual intercourse had taken place, she will receive mahrul mithl. However, if at the time of nikâh some mahr had been stipulated and this mahr is less than the mahrul mithl, then she will receive the mahr that had been stipulated at the time of the nikâh and not the mahrul mithl.

16. A person had sexual intercourse with a woman after mistaking her for his wife. He will have to give her mahrul mithl as well, and this intercourse with her will not be regarded as adultery (zinâ) nor will there be any sin. In fact, if the woman falls pregnant, the lineage of the child will be in order. It will not be tainted and it is not permissible to label the child as being illegitimate. The moment the man realizes that this is not his wife, he should immediately separate himself from her and it will not be permissible for him to continue with the intercourse. It is also wâjib on this woman to observe the iddah. It is not permissible for her to stay with her husband or to engage in sexual intercourse with him. The rules related to iddah will be mentioned in a later chapter - Inshâ’ Allah.

17. If in a certain place or country, the norm is that the entire mahr must be given on the first night, then the woman has the right to demand the mahr on the first night. If she does not ask for it on the first night, she can ask for it whenever she wishes and it will be wâjib on the husband to give it to her. He cannot delay in fulfilling the mahr.

18. The practice in India is that the paying and receiving of mahr is undertaken after divorce or after death. When the woman is divorced, it is only then that she claims her mahr. Alternatively, when the husband dies and leaves behind some wealth, she takes her mahr from this left over wealth of his. If the woman dies, her inheritors claim the mahr. As long as the husband and wife are living together, no one pays the mahr nor does she ask for it. In such a situation, the woman cannot demand the mahr before divorce. However, it is wâjib on the man to give an amount that is normally given in that place on the first night. But if all these practices are not found in any place, these rules will not apply.

19. If the husband does not give the amount of mahr that is normally given beforehand, the wife has the right to refuse him to engage in sexual intercourse with her until he pays that amount. If they engaged in intercourse once, she still has the right of refusing him the next time or the following time if he does not pay the mahr. If he wishes to take her to another city or country, she has the right of not going unless her mahr is paid. Similarly, if the mahr is not paid and the woman wishes to travel to another city or country, or wishes to go to her parents home, and there is a mahram who can take her, then the husband does not have the right to stop her. But once he pays the mahr, she does not have the right to do any of these things without her husband's permission. It is not permissible for her to go anywhere without his consent. As for the husband, he can take her wherever he wishes. It is not permissible for her to refuse him.

20. The husband gave some item (or cash, gold, silver, etc.) to his wife with the intention that it is mahr. Whatever he gives will be regarded as part of the mahr. It is not necessary for him to inform his wife at the time of giving it to her that he is giving her mahr.

21. The man gave an item to his wife. She claims that the item was given as a gift and not as mahr while the man claims that he gave it as mahr. In this case, the husband's claim will be considered. However, if the item was such that it is consumed as food or drink, it will not be considered to be mahr and the husband's claim will not be considered.

1. Family mahr or mahrul mithl is determined in the following way: look at any woman in the girl's father's family who is similar or equal to this girl. That is, if the girl is young, the woman must also be young at the time of marriage. If the woman is beautiful, this girl must also be beautiful. If the woman's marriage had taken place when she was a virgin, this girl's marriage must also take place while she is a virgin. The wealth that this girl possesses at the time of her nikâh, that woman also had possessed the same at the time of her nikâh. The place or locality from which this girl is, that woman must also be from the same place. If this girl is religious-minded, intelligent, well-mannered and educated, that woman must also be the same. In short, this girl whose nikâh is being performed now, must also possess the qualities that that woman possessed at the time of her nikâh,. If they share the same qualities, then the mahr that was stipulated for that woman will be the mahrul mithl for this girl.

2. Women of the girl's father's family refer to the girl's sisters, paternal aunts, cousins (children of paternal uncles), etc. In other words, girls or women who are connected to her paternal grandmother. When determining the mahrul mithl, the mahr of the mother is not considered. However, if her mother is also of the same family as that of her father's, e.g. if her father marries his cousin (paternal uncle's daughter), then the mother's mahr will also be regarded as mahrul mithl.

1. The different forms of marriage in the different religions are recognized in the Sharî‘ah. If both, husband and wife, accept Islam, there is no need to repeat their nikâh. The nikâh that they had performed as kuffâr will still be valid.

2. If the husband or the wife accepts Islam and the other partner does not accept, their nikâh will be annulled. It will not be permissible for them to live as husband and wife.

3. If the wife accepts Islam and not the husband, then as long as the wife does not complete three hayd periods, it will not be permissible for her to marry another person.

1. If a person has more than one wife it is wâjib upon him to treat each one equally. Whatever he gives to one wife, the other wife also has the right to claim something equal to that in value. This rule of equality applies to all types of wives, i.e. whether both were virgins at the time of marriage, both were previously married or one was a virgin at the time of marriage while the other had been previously married. If he spends one night with one wife, he will have to spend one night with the other wife as well. If he spends two or three nights with one wife, he will have to do the same with the other wife as well. Whatever wealth, jewellery, clothes, etc. he gives to one wife, the other wife also has the right to claim something equal to that in value.

2. If a person marries a second woman, the rights of this new wife and the rights of the old wife are the same. There is no difference in rights between the two.

3. Equality is based on spending the night and it is not necessary to spend an equal time with them during the day. If a person spends more time with one wife during the day and less time with the other, there is no harm in this. However, it is wâjib to spend an equal time with them at night. If a person goes to one wife immediately after maghrib, and the following day he goes to the other wife after ‘ishâ, he will be sinning. However, if a person's occupation is such that he works at night and remains at home during the day; for him, the basis of equality will be the day. For example, a night watchman or guard will have to base his equality with his wives according to the day and not the night.

4. There is no equality in engaging in sexual intercourse in the sense that if a person engages in sexual intercourse with one wife, it is not necessary for him to engage in sexual intercourse with the other wife as well.

5. The man has to maintain equality in allocating nights to his wives irrespective of whether he is ill or not.

6. There is no sin in loving one wife more than the other because these matters are connected to the heart and one does not have any control over one's heart.

7. Equality is not wâjib when embarking on a journey. The husband can take whichever wife he wishes. However, it is preferable to cast a lot and to take the wife in whose favour the lot was drawn. In this way there will be no unhappiness or disgruntlement.

1. If a husband who is mature, not a lunatic nor a mad person divorces his wife, the divorce will come into effect. As for the husband who is not mature, who is not in his senses, or is mad, by his divorcing his wife, the divorce will not come into effect.

2. A sleeping person uttered the following words: "You are divorced" or he said: "I divorce my wife." On uttering these words, divorce does not come into effect.

3. A person compelled another person to divorce his wife. He beat him and threatened him that if he does not divorce his wife, he will kill him. Because of this compulsion, the person divorced his wife. Even then divorce will take place.

4. A person was under the influence of alcohol or any other intoxicant and divorced his wife. When he came to his senses, he regretted this action of his. Even then divorce will take place. Similarly, talâq given in anger also causes divorce to take place.

5. Apart from the husband, no one has the right to divorce a woman. However, if the husband orders someone to divorce his (the husband's) wife, this person can divorce her.

1. Only the man has the right to divorce. Once the man divorces his wife, the divorce comes into effect. The woman has no choice in this irrespective of whether she accepts the divorce or not. In all cases, the divorce comes into effect. The wife cannot divorce her husband.

2. The man has the right of issuing three talâqs only, and not more. If he issues four or five talâqs even then only three will be considered.

3. Once the man utters: "I divorce my wife", and utters these words in such a tone that he himself can hear these words, divorce comes into effect. This is irrespective of whether he uttered them in private or in public, and whether his wife heard him uttering these words or not. In all cases, divorce takes place.

4. Divorce is of three types:

The First Type: Is that the nikâh is completely annulled and it is not permissible to live with the man without renewing the nikâh. If the woman wishes to stay with this man again, and the man also agrees to keep her, they will have to have their nikâh performed again. Such a talâq is known as talâqul bâ’in.

The Second Type: Is that if the husband and wife wish to remarry, then after completing the ‘iddah for the first divorce, she will have to marry another person. When he divorces her, she will have to complete the ‘iddah for this second divorce. Only then will it be permissible for her to remarry her first husband. Such a talâq is known as talâqul mughallazah.

The Third Type: Is that the nikâh has not broken as yet. If the husband divorces his wife by uttering the words of divorce one or two times and thereafter regrets his action, it will not be necessary to renew this nikâh. He can live with this wife without performing another nikâh and it will be permissible for them to live as a normal couple. However, if the man divorced her and maintained this divorce of his, i.e. he did not regret his action nor did he decide to continue living with his wife, then the moment the ‘iddah of talâq expires, the nikâh will break and the woman will be separated from her husband. As long as the ‘iddah does not expire, the man has the choice of either keeping his wife or not keeping her. Such a talâq is known as talâqur raj'î. It should be borne in mind that if the husband issues three talâqs, he will not have the choice of keeping his wife.

5. There are two ways in pronouncing or issuing the talâq.

The First Way: Is that the husband clearly utters: "I divorce you" or "I divorce my wife." In other words, he issues the divorce in such clear words that there is no possibility of taking any other meaning from these words. Such a divorce is known as talâq-e-sarîh.

The Second Way: Is that the husband does not utter the words of divorce clearly. Instead, he speaks in very vague terms from which divorce could be deduced and from which some other meaning could also be taken, e.g. the person says: "I have distanced you from me." From this, it could be deduced that he said: "I divorce you" or "I have not divorced you, but I will not keep you with me. Remain with your parents. I will not even bother about you."

Alternatively, he could have said: "I will have no contact with you." "I have no need for you." "You have been separated from me." "I have separated you from me." "I have separated you from my house, go away." "Get out." "Go far from here." "Go away to your parents." "Go away to your house." "I will not accommodate you any longer."

Uttering any of the above words or other words similar to these, in which there is the possibility of several meanings is known as talâq-e-kinâyah.

6. If the divorce is issued in clear terms, divorce will take place the moment the words are uttered. This is irrespective of whether one had the intention of divorcing his wife or not, or whether he issued the divorce jokingly. When a divorce is issued in clear terms, the third type of divorce will take place. That is, the husband has the choice of keeping or divorcing his wife until just before the expiry of her ‘iddah. By uttering the divorce once, only one divorce will come into effect - not two nor three. However, if he utters the divorce three times, or says: "I give you three talâqs", three talâqs will take place.

7. A person issued one divorce. As long as the wife is in her ‘iddah, he has the right to issue her a second or a third divorce. If he issues a second or third divorce, it will be valid and come into effect.

8. A person says: "I will divorce you." Divorce will not take place. Similarly, if he says: "If you carry out a particular action, I will divorce you." Divorce will not take place irrespective of whether she carries out the action or not. However, if the person says: "If you carry out a particular action, you are divorced", then once she carries out the action, divorce will take place.

9. A person uttered the divorce and at the same time said: "’Inshâ’ Allah". Divorce will not take place. Similarly, if he says: "If Allah wills, I divorce you" divorce will not take place. However, if the person uttered the divorce, waited for a while and thereafter said "’Inshâ’ Allah"; divorce takes place.

10. A person called his wife and addressed her as a "divorcee". Divorce will take place even if he says this jokingly.

11. A person says: "When you go to Lucknow (or any other place which he mentions), you are divorced." As long as she does not go to Lucknow, divorce will not take place. Once she goes there, divorce will take place.

12. The person did not clearly state the words of divorce. Instead, he issued the divorce in vague words and terms. If at the time of uttering these words, he had the intention of issuing divorce, divorce will take place. In such a case, the first type of divorce will take place, i.e. talâqul bâ’in. Now it will not be permissible for him to keep his wife without renewing the nikâh. If the person did not utter these words with the intention of talâq and instead had some other meaning in mind, talâq will not take place. However, if it is learnt through some evidence or indication that he had in fact intended divorcing her and that he is lying, then in such a case the woman should not live with him and she should regard it as if she has been divorced. For example, the wife comes angrily to her husband and says: "I cannot live with you any more. Divorce me!" And the husband replies: "Okay, I leave you." In such a case, the woman must consider this to be a divorce.

13. A person says: "I divorce you, I divorce you, I divorce you." Three divorces will take place. Alternatively, he divorces her three times, but in very vague terms. Even then, three divorces will take place. However, if the person had only intended one divorce but had uttered it three times in order to emphasize his point, only one divorce will take place. However, the woman does not know his intention. She should therefore regard it as three divorces.

Before the bride could even go to her husband's home, he divorced her. Alternatively, she went to her husband's home but they did not meet in privacy or seclusion which could be considered to be valid in the Sharî‘ah. This privacy or seclusion was explained in the chapter on mahr. Before they could meet in privacy and seclusion, the husband divorced her. In such circumstances, talâqul bâ’in will take place irrespective of whether the divorce was uttered in clear words or in vague terms. When such a woman is divorced, talâqul bâ’in will take place and she does not have to complete any ‘iddah. Immediately after being divorced, she can marry another person. Furthermore, after issuing one divorce to such a woman, the man does not have the right or choice of giving a second or third divorce. If he does so, it will not apply. However, if in the first time, he says: "I give you two divorces, or, three divorces", two or three divorces will take place. If he says: "I divorce you, divorce you, divorce you", even then one divorce will take place with regard to such a woman.

After the bride's departure from her parents’ home, the bride and bridegroom met in privacy and also engaged in sexual intercourse. Thereafter, if the husband issues one or two divorces in clear terms, talâqur raj'î will take place. If he utters the divorce in vague terms, talâqul bâ’in will take place. In talâqur raj'î he will have the choice of going back to his wife, while in talâqul bâ’in he will not have the choice. However, if he did not issue three divorces, they can re-marry within her ‘iddah (if both of them wish to remarry) and after the expiry of the ‘iddah as well. But if she wishes to marry another person, she can do so only after the expiry of her ‘iddah. But it should be borne in mind that the ‘iddah is necessary in all forms of divorce. As long as the ‘iddah has not expired, a second or third divorce can also be issued.

The bride and bride groom met in privacy and there was nothing to stop them from engaging in sexual intercourse (i.e. nothing from the Sharî‘ah point of view, or from a physical aspect). Despite this, they did not engage in sexual intercourse. In such a case, if the husband divorces his wife, talâqul bâ’in will take place irrespective of whether the divorce is uttered in clear terms or in vague terms. The ‘iddah will also be wâjib on the woman, he will not have the right of taking her back, and she cannot marry another person without completing her ‘iddah. However, she can marry the husband who divorced her within the ‘iddah or even after the expiry of the ‘iddah. The only condition is that three divorces must not be issued.

1. If a man issues three divorces to his wife, she becomes completely harâm for him. Even if they renew their nikâh, it will be harâm for this woman to live with him. This nikâh will not be valid irrespective of whether the three divorces were issued in clear terms or in vague terms. If a woman who has been issued three divorces wishes to live with her first husband and wishes to remarry him, there is only one way in doing this. That is, she will have to marry another person, engage in sexual intercourse with him, and when he dies or divorces her, she must complete her ‘iddah. Upon completing her ‘iddah, she can remarry her first husband. Without marrying a second person, she cannot remarry her first husband. If she marries a second person, but he passed away before he could engage in sexual intercourse with her or divorced her before engaging in sexual intercourse with her, then this will not be considered. She can only marry her first husband when her second husband has intercourse with her. Without this intercourse, she cannot remarry her first husband. Understand this well.

2. There are different ways in issuing three divorces. One is that the person issues them at one time, e.g. he says: "I give you three divorces" or "I divorce you, I divorce you, I divorce you." The second way of issuing three divorces is to issue them over a period of time, e.g. he issues one today, another one tomorrow, and the third one the day after tomorrow. Alternatively, he issues one divorce this month, another the following month, and a third divorce in the following month. However, all these are issued within her ‘iddah. The same rule will apply to all the different forms of issuing the talâq. The right or choice to keep one's wife only remains when a person issues one or two divorces in clear terms and not three. Once he issues three, he has no choice or right to keep his wife.

3. A person issued a talâqur raj'î to his wife. Thereafter he decided to keep his wife. After a few years he became angry over some matter and therefore issued another talâqur raj'î (in which he has the right of keeping his wife). When his anger subsided, he decided to keep his wife and did not let her go. These divorces that he issued will be counted as two divorces. If, at some time or the other, he issues one more divorce, it will total three divorces. Once this occurs, the rules that have been mentioned in mas’ala number one will apply over here as well. That is, she cannot remarry this husband of hers unless she marries another person first.

Similarly, if a person issues a talâqul bâ’in (in which he does not have the right to keep his wife), the marriage will be annulled. Thereafter, he regretted his action and both of them decided to remarry. After some time, he became angry with her again and issued a talâqul bâ’in. After his anger subsided, he remarried her. He thus issued two divorces. If he issues one more divorce, the rule mentioned in mas’ala number one will apply. That is, he cannot remarry her unless she marries another person first.

4. If the woman marries another person on the condition that he would divorce her after engaging in sexual intercourse with her, this person is not bound to fulfil this condition. He can divorce her if he wishes or keep her if he wishes. Furthermore, he can divorce her whenever he wishes - he is not bound by any time limit. It should be borne in mind that it is a major sin and harâm to marry on such a condition or promise. One is cursed by Allah Ta‘âlâ. However, despite this, the nikâh will be valid. If such a nikâh takes place, the second husband has intercourse with her, and thereafter passes away or divorces her, it will be permissible for her to remarry her first husband.

1. Prior to marrying a woman, a person said: "If I marry you, you are divorced." If the person happens to marry this woman, one talâqul bâ’in will take place the moment the nikâh is performed. Now, he cannot keep her without remarrying her. If he said: "If I marry you, you are divorced two times", two talâqul bâ’in will take place. If he issued three divorces, three will take place and it will be talâqul mughallazah.

2. A person made the condition of divorce prior to marriage. The moment the nikâh was performed, divorce took place. He then remarried the same woman. By remarrying her, another divorce will not take place. However, if the person made the condition in the following way: "Each time that I marry you, you are divorced", then each time that he marries her, divorce will take place. Now, there is no way in which he can keep this woman. Even if she marries another person, separates from him, and thereafter remarries the first person, divorce will still take place.

3. A person says: "Whichever woman I marry, she is divorced." Based on this, whichever woman he marries, divorce will take place. However, once divorce takes place between him and a woman and he decides to re-marry her, divorce will not take place this second time.

4. A person addressed a woman whom he had not married as yet saying: "If you carry out a certain action, you are divorced." Such a condition is not considered. If he marries her and she carries out that action, divorce will not take place. This is because there is no way a person can divorce a woman who he has not even married except by saying: "If I marry you, you are divorced." Divorce cannot take place in any other way if the woman is not married to him as yet.

5. If a person addresses his wife saying: "If you carry out a certain action, you are divorced." "If you come near me, you are divorced." "If you enter this house you are divorced." Alternately, he threatened to divorce her on some other condition. In all these cases, if she carries out that action, divorce will take place. As long as she does not carry out that action, divorce will not take place. In all these cases, talâqur raj'î will take place, in which the husband has the right to keep his wife without having to renew the nikâh. However, if the person spoke in vague terms, talâqul bâ’in will take place. For example, he said: "If you carry out a certain action, there will be no relation between me and you." Once she carries out the action, talâqul bâ’in will take place. This is on the condition that when the man uttered these words, he intended divorcing her.

6. If he says: "If you carry out a particular action, you are divorced two times, or three times", divorce will take place according to the number that he specified.

7. A person said to his wife: "If you enter this house, you are divorced." She entered the house and divorce took place. However, within her ‘iddah, he decided to keep her or he remarried her. Now if she enters the house, divorce will not take place. However, if he said: "Each time that you enter this house, you are divorced" or "Whenever you enter the house, then each time you are divorced", then in such a case if she enters the house within her ‘iddah or after remarrying her, a second divorce will take place. Thereafter, within her ‘iddah or after remarrying her, she entered the house for a third time. A third divorce will take place. After this third divorce, it is not permissible for him to remarry her. However, if she marries another person, after separating from him, remarries her first husband, and then enters the house, divorce will not take place.

8. A person said to his wife: "If you carry out a certain action, you are divorced." Before she could carry out that action, he divorced her and separated from her. After some time he remarried the same woman. After marrying her she carried out that action which he had warned her against during their previous marriage. In carrying out this action, divorce will take place. However, if the woman carried out that action after her first divorce and after completing her ‘iddah, but before remarrying him, then by carrying out that action after remarrying him, divorce will not take place. But if she carries out that action after the divorce but within her ‘iddah, a second divorce will take place.

9. A person said to his wife: "If you experience hayd, you are divorced." Thereafter she saw some blood. Upon seeing the blood, we will not pass judgement of divorce. Instead, when she bleeds for three days and three nights, only then will we say that divorce has taken place from the time that her bleeding had commenced. But if the person said: "If you experience one hayd, you are divorced", divorce will take place on the completion of her hayd.

10. A person said to his wife: "If you fast, you are divorced." The moment she commences her fast, divorce will take place. However, if he says: "If you keep one fast or if you fast for the whole day, you are divorced", then divorce will only take place on the completion of the fast. If she breaks her fast, divorce will not take place.

11. The wife decided to go out of the house. The husband said: "Don't go now." She did not pay any heed to him. Upon this, the husband said: "If you go outside, you are divorced." The ruling in such a case is that if she goes outside at that very time, divorce will take place. But if she goes outside later, divorce will not take place. This is because, when the husband stopped her from going outside, he meant that she should not go now, and does not mean that she must not go outside for the rest of her life.

12. A person said: "The day on which I marry you, you are divorced." Thereafter, he married her at night. Even then, divorce will take place. This is because in our normal conversation this means when I marry you, you are divorced.

1. While a person was sick, he divorced his wife. Prior to the expiry of her ‘iddah, he passed away. This wife of his is entitled to receive her share of inheritance from the wealth of her husband. This is irrespective of whether he issued one divorce, two or three divorces. And irrespective of whether he issued talâqur raj'î or talâqul bâ’in - she is still entitled to receive her share of the inheritance. If the husband dies after the completion of her ‘iddah, she will not receive any inheritance. Similarly, if the husband does not die from this illness, but recovers and then falls ill again, even then she will not receive any inheritance. This is irrespective of whether she had completed her ‘iddah or not.

2. The woman asked for a divorce and the husband complied to her request. Even then, the woman is not entitled to receive any inheritance irrespective of whether the husband dies within her ‘iddah or after it. However, if he issues a talâqur raj'î and passes away within her ‘iddah, she will be entitled to receive her share of the inheritance.

3. During his illness, the man said to his wife: "If you go outside, you are divorced a talâqul bâ’in." Thereafter the woman went outside and talâqul bâ’in took place. In such a case she will not receive any share of the inheritance because she is the one who caused this talâqul bâ’in to take place.

The husband (while ill) says: "If you eat any food, you are divorced a talâqul bâ’in" or "If you offer your salât, you are divorced a talâqul bâ’in." In such a case, if the husband passes away within her ‘iddah, she will receive her share of inheritance. This is because this divorce did not take place through her choice. Eating food and offering salât are necessary obligations, how can she leave them out?

If the husband issues a talâqur raj'î and he passes away within her ‘iddah, she will receive her share even in the first example. In short, if she receives a talâqur raj'î, she will receive her share in all circumstances as long as the husband passes away within her ‘iddah.

4. A normal, healthy person said to his wife: "When you go out of the house, you are divorced a talâqul bâ’in." She did not leave the house immediately, but went outside when he fell ill. Due to this sickness, he passed away within her ‘iddah. Even then, she will not receive any share of the inheritance.

5. A normal, healthy person said to his wife: "When your father comes from overseas, you are divorced a talâqul bâ’in." At the time when her father arrived, her husband was ill and passed away in that very illness. She will not receive any share of the inheritance. But if he said the same thing while he was sick, and passed away within her ‘iddah, she is entitled to receive her share of the inheritance.

1. When the husband issues one or two divorces that are raj'î, he has the choice or right to revoke such a divorce before the expiry of the wife's ‘iddah. In such a case, there is no need to renew the nikâh. The woman has no choice in this matter - he can revoke the divorce irrespective of whether she agrees or not. But if he issues three divorces, he has no choice of revoking the divorce as explained previously.

2. The method of revoking the divorce is as follows: (1) he could inform her in clear terms: "I am going to maintain you as my wife and I will not let you go." (2) he could tell her: "I am taking you back into my nikâh". (3) he could inform someone else without informing his wife that he has decided to keep his wife and revoked the divorce. (4) he does not say anything verbally, instead he has sexual intercourse with her, kisses her, fondles her, touches her with the passions of youth. In all these cases, she becomes his wife once again and there is no need to renew the nikâh.

3. When a person decides to revoke the divorce and keep his wife, it is preferable to have a few people as witnesses so that if any differences or problems occur at a later stage, none can deny any claims or make any allegations. If no witnesses are brought, the revocation will still be valid. The object, which was to keep his wife, will be accomplished.

4. If the ‘iddah of the wife has expired and then the husband decides to revoke the divorce, it will not be possible. Now, if the wife agrees and is happy to go back to her husband, the nikâh will have to be renewed. He cannot keep her without remarrying her. Even if he keeps her, it will not be permissible for the wife to live with him.

5. The ‘iddah of talâq for the woman who experiences the monthly menstrual periods is three hayd periods. When she completes three hayd periods, her ‘iddah expires. At the end of her third hayd period, if she stops bleeding on the completion of the tenth day, then from that very moment her ‘iddah will expire and the right of revoking the divorce, which the husband possessed, will be forfeited. This is irrespective of whether the woman has already had a bath or not. However, at the end of her third hayd period, if she stopped bleeding before 10 days, then as long as she does not have a bath or as long as no salât becomes wâjib on her, the husband will have the right of revoking the divorce and she will become his wife once again. But if she has a bath once the bleeding stops or she did not have a bath, but one salât time passed and she did not offer her salât in that time (i.e. qadâ’ of one salât became wâjib on her), then in both cases the right of the husband will be forfeited. Now he cannot keep her without remarrying her.

6. If a person divorces a woman with whom he has not engaged in sexual intercourse as yet, even though he may have met her in private or seclusion, then by divorcing her once, he does not have the right of revoking this divorce. This is because the divorce that she gets in this case is actually a talâqul bâ’in, as has been mentioned previously. Understand this well.

7. The couple met in privacy but the man confesses that he did not engage in sexual intercourse with her. If he divorces her after this confession of his, he does not have the right to revoke his divorce.

8. When a woman receives one or two talâqs that are raj'î (revocable), i.e. in which the husband has the right of revoking his divorce, it is preferable for such a woman to beautify herself and adorn herself with beautiful clothes; perhaps her husband will be attracted towards her and thereby revoke his divorce. But if she knows that he has no intention of revoking the divorce, it will be preferable that when he enters the house he should cough, clear his throat etc. so that if her body is exposed, she could cover it quickly and his sight does not fall on her private parts. Once her ‘iddah expires, she should go and live elsewhere.

9. If the person has not revoked his divorce as yet, it is not permissible for him to take his wife on any journey nor is it permissible for her to go with him.

10. A woman has received one or two talâqul bâ’in, i.e. a divorce that is irrevocable. The rule with regard to her is that if she wishes to marry another person, she should do so after the expiry of her ‘iddah. It is not permissible for her to marry another person within her ‘iddah. But if she wishes to marry the same person (i.e. her husband who has divorced her), she can marry him within the ‘iddah as well.

1. A person takes an oath and says: "I swear by Allah that I will not engage in sexual intercourse", "I swear by Allah that I will never have sex with you", "I take an oath that I will not have sex with you." Alternately, he takes an oath that is similar in meaning to the above-mentioned oaths. The rule with regard to this is that if he does not engage in sexual intercourse with her, talâqul bâ’in will take place on the expiry of four months. Without remarrying, they cannot live as husband and wife. But if the husband breaks his oath within four months and has sexual intercourse with his wife, divorce will not take place. However, he will have to pay the kaffârah for breaking his oath. In the Sharî‘ah, such an oath is called ’îlâ’ (which literally means "oath").

2. A person did not take an oath of not having sex with his wife forever, instead he took an oath that he will not engage in sexual intercourse for a period of four months and said: "I swear by Allah that I will not have sex with you for four months." Even by specifying such a period, ’îlâ’ will be considered and the same rule will apply, i.e. if he does not engage in sexual intercourse with her within four months, talâqul bâ’in will take place. If he engages in sexual intercourse within four months, he will have to pay kaffârah. The rules relating to kaffârah will be explained in a later chapter - ’Inshâ’ Allah.

3. If a person takes an oath of not having sex with his wife for a period of less than four months, ’îlâ’ will not be considered. Even if the oath is taken for just one day less than four months, ’îlâ’ will not be considered. However, if he takes an oath for a specified period (less than four months) and then breaks this oath by engaging in sexual intercourse before the expiry of the specified period, he will have to pay kaffârah for breaking the oath. If he does not engage in sexual intercourse, divorce will not take place and his oath will be fulfilled.

4. A person had taken an oath of four months and did not break it. On the expiry of four months, divorce took place. After the divorce, he re-married the very same woman. After the nikâh, if they do not engage in sexual intercourse for a period of four months, there will be no harm in this and no divorce will take place.

A person had taken an oath forever by saying: "I take an oath that I will not have sex with you" or "I swear by Allah that I will never have sex with you". He did not break this oath of his, on the expiry of four months, divorce took place, thereafter he remarried her and after the marriage they did not engage in sexual intercourse for four months. A second divorce will now take place. If he remarries the same woman for a third time, the same rule will apply over here as well. That is, if they do not engage in sexual intercourse for a period of four months after remarrying for this third time, a third divorce will take place. Now he will not be able to remarry her without her first marrying another person. However, had they engaged in sexual intercourse after the second or third nikâh, the oath would have broken and no divorce would have taken place. However, he would have had to pay the kaffârah for breaking his oath.

5. Furthermore, if three divorces took place in the three nikâhs, thereafter the woman married another person, after being divorced from him and completing her ‘iddah she remarried her first husband, and again he did not engage in sexual intercourse with her. Now, divorce will not take place irrespective of how long he abstains from having intercourse with her. However, if and when he engages in sexual intercourse with her, he will have to pay the kaffârah for breaking his oath because he had taken the oath that he will never engage in sexual intercourse and now he has broken this oath.

6. If a person issues a talâqul bâ’in to his wife and thereafter takes an oath that he will not have sex with her, it will not be ’îlâ’. Now if he remarries her and does not engage in sexual intercourse, divorce will not take place. However, if he engages in sexual intercourse, he will have to pay kaffârah for breaking his oath. But if the person issues a talâqur raj'î and within the ‘iddah he takes an oath that he will not have sex with his wife, it will be ’îlâ’. Now if he revokes his divorce and does not engage in sexual intercourse, divorce will take place after four months. But if he has sex with her, he will have to pay kaffârah for breaking his oath.

7. A person did not take an oath on Allah. Instead, he said: "If I have sex with you, you are divorced." This will still be considered to be ’îlâ’. If he has sex with her, a talâqur raj'î will take place and in such a case, he will not have to pay the kaffârah for breaking his oath. If he does not engage in sexual intercourse, a talâqul bâ’in will take place after four months.

The person says: "If I have sex with you, one hajj, one fast, R1 in charity, one qurbâni, etc. will become incumbent upon me." In all these cases, ’îlâ’ will be considered. If he engages in sexual intercourse, he will have to fulfil whatever oath he had taken and it will not be necessary to pay any kaffârah. If he does not engage in sexual intercourse, divorce will take place after four months.

1. If it is not possible to bring about any conciliation between husband and wife and the husband even refuses to divorce her, it is permissible for the wife to give some money or her mahr to her husband and tell him to let her go in exchange for that money. Alternatively, she could ask him to let her go in exchange for the mahr that he is still owing her. In answer to her request, the husband says: "I let you go." In saying so, one talâqul bâ’in takes place. The man does not have the right to keep her back or to revoke his divorce.

However, if the husband did not answer to her request in that very place and instead he stood up and began walking or, he did not get up but the wife stood up and began walking about, and only then did the husband say: "Okay, I let you go", in such a case this is not considered. The request and the reply to it have to be uttered in one place. Separating from one's husband in such a manner is referred to khula’ in the Sharî‘ah.

2. The man says: "I grant you khula’" and the woman replies: "I accept." Khula’ takes place. But if the woman did not reply at that very place - instead, she stood up or did not even accept his khula’, it will not be considered. However, if the wife remained seated in her place and the man stood up after having said this, and the woman accepts the khula’ after he stood up, even then khula’ takes place.

3. The man says: "I grant you khula’" and the woman accepts. There was no mention of any money or any other monetary compensation on the part of the husband or the wife. Even then, whatever the man was owing to his wife or whatever the wife was owing to her husband will be forgiven. If the man still had a balance of the mahr to pay, it will be forgiven. If the woman has already received the total amount due to her, she does not have to return anything to the man. Despite all this, the man will have to feed, clothe and provide shelter to her until the end of her ‘iddah. However, if the woman had said that she will not even take advantage of these benefits during her ‘iddah, then they will also be forgiven.

4. When granting khula’, mention of monetary compensation was also made, e.g. the man says: "I grant you khula’ in exchange for R100." The woman accepted this. Khula’ will be valid and it will be wâjib on the woman to pay the R100. She will have to pay this R100 irrespective of whether she has received her mahr in full or not. If she had not received her mahr as yet, she will not receive it now because it is considered to be forgiven due to her acceptance of the khula’.

5. If the conflict between husband and wife has been caused by the husband, it will be harâm and a major sin for him to grant khula’ in exchange for money or in lieu of the mahr that he is still owing. If he happens to take any money, it is harâm upon him to utilise it. But if it is the wife's fault alone, he should not take any compensation in excess of the mahr that he had given. Instead, he should grant khula’ in exchange for the mahr alone, and not more than that. If he takes more than the mahr, it will not be a good thing. At the same time, there is no sin in taking more.

6. The woman was not happy about khula’. The man forced her and compelled her to make khula’. In other words, he beat her and threatened her into making khula’. In such a case, divorce will take place but it will not be wâjib on the woman to give any monetary compensation. If the man had an outstanding amount of mahr to pay, this will also not be forgiven (he will have to pay it to her).

7. All the above rules will apply only when the word khula’ was mentioned or the following was said: (1) "Leave my life in exchange for R100, R1000, etc.", (2) "Leave me in exchange for my mahr."

If the above-mentioned was not said and instead, the word divorce was used, e.g. she says: "Divorce me in exchange for R100", this will not be khula’. If the man grants a divorce in exchange for that money, one talâqul bâ’in will take place. In such a case, no rights or debts will be forgiven - neither those that the man has to fulfil nor those that the woman has to fulfil. If the man had not paid the mahr as yet, it will not be forgiven and the woman can claim it. Furthermore, the man will take the R100 from the woman.

8. The man says: "I am divorcing you in exchange for R100." This will be dependent on the acceptance of the woman. If she does not accept, divorce will not take place. If she accepts, one talâqul bâ’in will take place. However, if she accepts after having changed her place, divorce will not take place.

9. The woman says: "Divorce me!" The man replies: "Forgive me from paying your mahr and all the other debts that I owe you, only then will I divorce you." Upon this, the woman replied: "Okay I forgive you." Thereafter, the man did not divorce her. In such a case, nothing will be forgiven and he will still have to pay her all the money that he owes. If he divorces her in that very place, he will be absolved from paying her anything.

10. The woman says: "Give me three divorces in exchange for R300." In reply to this, the man gives her only one divorce. In such a case, he will receive only R100. If he gives her two, he will receive R200. If he gives all three divorces, the woman will have to give R300. In all these cases, the divorces that will take place will be talâqul bâ’in, because the divorce is in exchange for some money.

11. An immature boy and a lunatic cannot make khula’ with his wife.

1. A person says to his wife: "You are equal to my mother.","To me, you are equal to my mother", "According to me, you are equal to my mother", "According to me, now you are similar to my mother or like my mother". In all the above cases, look at the intention of the person and what did he mean by these words. If he meant that she is similar or equal to his mother in respect and piety or that she is absolutely old just like his mother, equal in age to her, etc. then there will be nothing wrong in saying all these things and no rule will be enforced. Similarly, if he did not intend anything at the time of uttering these words or did not mean what he said but merely blurted these words out, even then no rule will be enforced.

However, if the person intended divorce when he uttered these words or intended separating his wife, then one talâqul bâ’in will take place.

The person did not intend divorcing her nor separating her, but merely intended to inform her that: "Although you are my wife and although I am not breaking up this nikâh, I will not have sex with you. I am making sex with you harâm upon myself, you can merely eat, clothe yourself and live with me - that is all." In short, he did not intend divorcing her but merely made sex with her harâm upon himself. In the Sharî‘ah, this is called zihâr.

The rule with regard to zihâr is that this woman will remain in his nikâh. However, as long as the man does not pay kaffârah, he cannot engage in sexual intercourse with her, he cannot touch her with the passions of youth, he cannot fondle her nor kiss her, etc. All this will be harâm. As long as he does not pay the kaffârah, that woman will remain harâm upon him irrespective of how many years pass. Once he pays the kaffârah, they can now live as husband and wife without having to renew the nikâh. The kaffârah for zihâr is given in the same manner that the kaffârah for not fasting is given.

2. If the person engages in sexual intercourse before giving the kaffârah, he will be committing a major sin. He must repent to Allah Ta'âlâ, seek His forgiveness and make a firm resolution that he will not engage in sexual intercourse again without having given the kaffârah. As for the woman, she should ensure that as long as he does not pay the kaffârah, she should not allow him to approach her.

3. If a person equals or likens his wife to his sister, daughter, aunt or any other woman with whom nikâh is harâm forever, the same rule will apply.

4. A person says: "To me, you are equal to a pig." If his intention was that of divorce or separating her, divorce will take place. If he intended zihâr, i.e. he did not mean to divorce her but actually intended to make sexual intercourse with her harâm upon himself, then in such a case no rule will apply. Similarly, no rule will apply if he had no intention at all.

5. If the person does not engage in sexual intercourse for four months or more after pronouncing the zihâr and has not paid the kaffârah as yet, divorce will not take place, i.e. it will not be ’îlâ’.

6. As long as the kaffârah is not fulfilled, it is not harâm to look at the wife or to converse with her. However, it is not permissible to look at her private parts.

7. A person did not pronounce the zihâr forever. Instead, he specified a certain period of time, e.g. he says: "To me, you are equal to my mother for four months or for one year." In such a case, zihâr will be considered for the period that he specified. If he wishes to engage in sexual intercourse within this specified period, he will have to pay kaffârah. If he engages in sexual intercourse after the specified period, he does not have to pay anything and his wife will be halâl for him.

8. Just as in divorce, if a person says ’Inshâ’ Allah immediately after pronouncing the zihâr, it will not be considered and no rule will apply.

9. An immature boy or a lunatic cannot pronounce the zihâr. If they pronounce it, it will not be considered. Similarly, if a person pronounces the zihâr to a woman who is not his wife, it will not be considered. It will still be permissible for him to marry such a woman.

10. If the zihâr is pronounced several times, e.g. a person says: "To me, you are equal to my mother" and he says this two or three times, then each time that the zihâr is pronounced, a separate kaffârah will have to be paid. However, if the person repeated the zihâr merely to emphasize it and did not intend pronouncing several zihârs, he will only have to pay one kaffârah.

11. If a person has more than one wife and pronounces the zihâr to more than one wife, he will have to pay a separate kaffârah for each wife.

12. When pronouncing the zihâr, a person did not use the words: "equal", "similar", "like". Instead, he said: "You are my mother" or "You are my sister". This will not be zihâr and his wife will not become harâm on him. However, to say so is a sin. Similarly, it is not good to address one's wife by shouting: "My sister! Do such and such work for me!" Despite this being a sin and an evil habit, it is not zihâr.

13. A person says: "If I keep you, it's like keeping my mother", "If I have sex with you, it's as though I am having sex with my mother". Zihâr is not considered.

14. A person says: "You are harâm upon me just as my mother is harâm upon me." If he intended divorce, it will take place. If he intended zihâr or did not intend anything, zihâr will take place. Sexual intercourse with her will be permissible after fulfilling the kaffârah.

1. The kaffârah for zihâr is the same as that which was mentioned for fasting. There is no difference between the two. We have mentioned these masâ’il in detail in Part Three of Bahishti Zewar. Please refer to them. A few necessary matters which were not mentioned previously will be mentioned here.

2. If the man has the strength, he should fast consecutively for 60 days. He should not miss any fasts in-between. As long as he does not complete these fasts, he should abstain from engaging in sexual intercourse with his wife. If he engages in sexual intercourse with that wife (i.e. the wife on whom he had pronounced zihâr), he will have to re-commence keeping the 60 fasts. This is irrespective of whether he engages in sexual intercourse with her at night, during the day, intentionally or forgetfully. The same rule will apply in all cases.

3. If a person commences fasting on the first day of a particular month (Islamic month), he should continuously fast until the end of two months. This is irrespective of whether the months are of 30 days each, whereby he completes the 60 days, or whether they are less than 30 days each. In both cases, the kaffârah will be fulfilled. However, if he did not commence fasting at the beginning of the month, he will have to fast for a full 60 days.

4. If the person was fulfilling the kaffârah by fasting and forgetfully engages in sexual intercourse with his wife prior to completing his kaffârah, he will have to repeat his kaffârah.

5. If a person does not have the strength to fast, he should feed 60 poor persons with two meals. Alternatively, he could give them dry groceries. If he engages in sexual intercourse before he can complete feeding all the poor persons, he will be committing a sin. However, he does not have to repeat this kaffârah.

The different methods of feeding poor persons that have been mentioned in Part Three are applicable over here as well.

6. A person had to fulfil two kaffârahs for two zihârs. He gave approximately 4 kilos of wheat to each of the 60 poor persons under the misunderstanding that he is actually giving each person 2 kilos for each kaffârah. Even then, only one kaffârah will be fulfilled and the other will still be outstanding. However, if the person had to fulfil two kaffârahs; one for zihâr, and the other for fasting; then both his kaffârahs will be valid even if he fulfils them together.

When the husband accuses his wife of adultery or rejects a particular child as being his own child, then both the husband and wife have to go to a Shar'î judge. The judge will ask both of them to take an oath. First, the husband will take the following oath: "I make Allah my witness and say that I am speaking the truth with regard to the act for which I have accused her." He should take this oath four times. The fifth time he must say: "If I am lying, may Allah's curse descend upon me."

When the husband completes this, the wife must say the following four times: "I make Allah my witness and say that he is lying with regard to the act for which he is accusing me of." The fifth time she must say: "If he is truthful in this accusation, may the wrath of Allah descend upon me."

Once both of them take this oath, the judge will separate them and one talâqul bâ’in will take place. The child will not be attributed to this husband, but will be given in the care of the mother. In the Sharî‘ah, this oath and counter-oath is known as li'ân.

When a woman's husband disappears or goes missing and it is not known whether he is alive or dead, then such a woman cannot enter into a second marriage. Instead, she should remain waiting in the hope that her husband will return. When she remains waiting until such a time that her husband must have reached 90 years of age, we will give the ruling that he must have passed away by now. Based on this, if a woman is still young and she wishes to remarry, she must wait until her husband's age must have reached 90, thereafter she must complete her ‘iddah, and then she can enter into a second marriage. However, the condition for this is that the ruling that her first husband must have passed away by now will have to be passed by a Shar'î judge.