MARRIAGE REQUIREMENTS

MARRIAGE REQUIREMENT
 Arkan (pillars) of Marriage

MALE PARTY (HUSBAND)

FEMALE PARTY (WIFE)
GUARDIAN (WALI)
WITNESSES
OFFER & ACCEPTANCE
(SIGHAH : IJAB & QABUL
 Conditions of prospective husband
Muslim-refer surah al-Baqarah; 221
Not in ihram Hajj or Umrah-refer to the hadith of the Prophet
Muhammad
Specific man
Not having 4 wives-refer to an-Nisa; 3
Voluntary and not under duress
A man
He is not prohibited to marry to the woman
Conditions required for a wife
 Ages of parties
Capacity to
enter
marriage

Consent of
Marriage
 Age of Parties
There is no minimum age specified under Shariah
In general: when a person is of full age mature enough able
to comprehend the nature of marriage
And test the orphans until they reach the age of marriage
al-Nisa: 6.
Hadith:
Aishah reported: The Prophet (saw) married me when I was six
years old and I was admitted to his house at the age of nine.
Ibn Hishams version of Ibn Ishaqs Sirah Rasulullah, the earliest
surviving biography of Muhammad (saw) record Aishah as having
converted to Islam before Umar al Khattab, during the first few year of
Islam around 610CE. In order to accept Islam she must be walking and
talking, hence at least three years of age, which would make her at least
fifteen in 622CE
Refer To Section 8 of IFLA
 Future husband with good
job
Quitting school Knows the
General responsibility
To avoid masiat

Reasons for
Certain circumstances
pregnant
Committed zina

Specific To reduce family financial

responsibility
 UNREPORTED CASES
Remy Iskandar Bin Sulaiman
Norazlinawati bt Khairul Anwar
Hanisah Abu Samah
Siti Khadijah bt Md Zamri
Rusmiyah bt Saidi
Hasnida Othman
 Consent to marry
Consent of
The Bride

Consent of
Wali
 Consent of the bride

According to Shafii school, generally the consent

of the bride is required for a marriage
However, a virgin girl may be given in marriage by
her father or her paternal grandfather (wali mujbir)
This right of the father or paternal grand father is
subject to a number of conditions
 EQUALITY IN STATUS
(KAFAAH)
The marriage of a virgin daughter/ al-
bikru solemnized by her father or
paternal grandfather without her
consent, must be to a man who is kufu
to her status otherwise she will have
the right to apply for nullification of
her marriage through fasakh
 What Is Kafaah

Definition:
Having the same status or equality between
the prospective husband and wife
the husband must be equal to his wife, but it
is not necessary that the wife be equal to the
husband since men are not degraded by
cohabitation with women who are their
inferiors.
 The purpose of kafaah is to achieve
equality in social status so that it may
guarantee happiness and peace in
marriage life. It may also avoid the wali or
the wife belittle/ridicule the husband
Majority of fuqaha agree that the scope
of kafaah include freedom, nasab and
profession. As for the Shafiis, the school
adds religion, good akhlaq and absence
from bodily defect as criterias of kafaah
GUARDIAN (WALI)
Consent of Wali
WHO IS A GUARDIAN OR WALI
 Wali is the one who leads the offer of marriage
The wali is authorised to solemnise the marriage on
behalf of the woman or girl
Where the wali refuses his consent or where the woman
has no natural wali, the Ruler/Sultan or a person
delegated by him can be the wali of the girl
According to the Shafiis, a marriage without wali is void-
hadith. Al Baqarah:232. an Nuur: 32
Under the Hanafis, a woman who has attained puberty
can give herself in marriage without the consent of a
guardian al Ahzab:50, Hadith regarding a daughter force
into marriage.
However, a woman who contracts her own marriage must
be to a man who is kufu to her, otherwise the father will
have the right to apply for nullification of her marriage
through fasakh
 Eg. Case Haji Mohamed v Bahrunnasran and
Mazliani
A man with HIV positive is not kufu to a woman
who is healthy.
Other e.g.
Re Huseinah Banoo
 Authorities for Wali By Jumhur
Al-Quran: al Baqarah 2:232
Al-Quran: Al-Nur 24:32)
Hadith of the Prophet Muhammad
;Al-Quran


al-Baqarah: 232
 Continue

...
an nuur:32
_ This verse enjoins marriage and according to the
jumhur, it must be through the wali
 Hadith
There is no marriage without wali
A woman cannot contract her own marriage
only adulterer who contract her own marriage.
Any woman who has married without her
guardian permission, her marriage is void.
What are the conditions to be a wali?
 Conditions
1. Muslim
2. Sound mind
3. Attained the age of majority
4. Voluntarily
5. Not within ihram hajj or umrah
6. Just/not fasiq
7. According to jumhur - a man
 Types of wali

Wali ammah (wali qhair nasab)

Wali khassah (wali nasab)
Wali mujbir (father and grandfather)
Wali ghayr mujbir (eg: brother of the same
father and mother, brother of the same
father, paternal uncle)
 List of priority
1. Father.
2. Grandfather:
3. Grand grandfather
4. Germane brother
5. Brother of the same father.
6. Nephew of the same father and mother
7. Nephew of the same father
8. Paternal uncle of the same father and mother
9. paternal uncle of the same mother.
10. Son of paternal uncle of the same father and mother
11. Son of paternal uncle of the same father
12. Paternal grand uncle of the same father and mother
13. Paternal grand uncle of the same father
14. Son of paternal grand uncle of the same father and mother
15. Son of paternal grand uncle of the same father
If there is no relatives at all, then the wali
will be the sultan as the Prophet said;

The sultan is the guardian for those who

have no guardian
 Statutory provisions

Section 13 of the IFLA, 1984

 Cases
Salmah v Soolong
Re Wan Nursuriyya
Re Husseinah Banoo
Issue of Transfer of Wali mujbir
to ghayr mujbir or wali aqrab to
wali abad
 Conditions For Transfer
1. Wali aqrab is a minor
2. Wali aqrab is insane
3. Wali aqrab is fasiq
4. Wali aqrab is not fit to be the wali e.g.
due to sickness which affects his view
as a normal person
5. Wali aqrab is of different religion
6. Wali aqrab is dead
 Case transfer of Perwalian

Ismail v Aris Fadilah

Transfer of Guardianship From
Wali Nasab to Wali Raja

Conditions For Transfer of

Guardianship
 There is no wali nasab
The wali doesnot fulfill the requirement of being a wali,
and there is no wali abad
Wali aqrab is living far away which is more than 2
marhalah or 96 km
Wali aqrab is in the prison and can not be contacted
Wali aqrab is in the ihram
Wali aqrab is hiding himself declining to solemnize the
marriage
Wali aqrab insists not to solemnize the marriage
Wali aqrab is missing
Wali aqrab wishes to marry the woman and there is no
other Wali at the same rank with him
Cases transfer of wali khas to wali am:

Re Wan Abdul Aziz bin Embong

Azizah bt Mat v Mat bin Salleh
Haji Mohamed v Bahrunnasran dan Mazliani
Hashim v Fatimah
Hussin V Saayah & anor
Azura binti Adna v Mohd Zulkefli bin Salleh
Mohd Azam v Che Norina
Khori binti Ahmad & Abu Samah