To Discover the World of Marriage as Per Shariah Law

Anthropology Essay #1

The purpose of the following is to discover the world of marriage as per Shariah Law- the governance of the Islamic religion and Islamic world. This investigation will discuss the societal aspect in anthropology and the misconstructed idea between culture vs religion. Research has shown that although most Islamic marriages are based on the premise of Shariah Law, external cultural and traditional factors have influenced the way in which these marital ceremonies are acted. It too reflects on the importance of sex, celibacy and rights in Islam, as well as the downlook on divorce in the name of Allah (God).

1995-2017. “Components of an ideal Islamic Marriage”. Al-Islam website. Accessed February 27, 2017. https://www.al-islam.org/islamic-marriage-syed-athar-husain-sh-rizvi/components-ideal-islamic- marriage#nikah-ceremony .

The components in this article reflect on the ways of a marriage ceremony in Islam as per Shariah Law. This marriage ceremony i s known as a Nikkah. A Nikkah is a binding commitment between a man and woman on which they take each other on as husband and wife in the name of Allah (God). A woman's Mahram(s) are the males in her life whom are unmarriageable to her. This being her father, brother, grandfather, son or uncles (parents brothers). Before the Nikkah ceremony, and at the time of the engagement, “The girl’s consent is necessary and has to be taken by he r representative, directly” ( Components of an Ideal Islamic Marriage, 1995) . This representative usually lies in the hands of her first mahram- her father - and if her father is not present or deceased, it will then fall onto one of her other Mahrams. The Nikkah ceremony goes as follows: “ According to Shariah, the wife-to-be says, ‘An Kah’tu nafsaka a’lal mah’ril ma’loom’ “I have given away myself in Nikah to you, on the agreed Mahr.” Immediately, the man (bridegroom) says, ‘Qabiltun Nikaha’. “I have accepted the Nikah”. With these pronouncements, they become husband and wife.” ( Components of an Ideal Islamic Marriage, 1995).

Sham, Shahzad Iqbal. “Some Aspects of Marriage and Divorce in Muslim Family Law. Rep. Some Aspects of Marriage and Divorce in Muslim Family Law”. Accessed February 27, 201 7. http://results.pu.edu.pk/images/journal/szic/currentissue_pdf/E-1%20Shehza%20sham%20(Islam ic%20Law%20of%20Marriage%20and%20Divorce).pdf .

T his repor t highlights some of the rules of Dower or Dowry in the Islamic religion. “Dower means the amount of consideration that is paid by the husband to the wife after Marriage (nikah) with her” (Iqbal, p.30). As stated in the Holy Quraan “And give the women (on marriage) their dower as an obligation” (Quran 4:4). Dowry is needed in order to validate the marriage between a man and a woman and is obligatory during the time of the Nikkah. In terms of the minimum amount, there is no exact quantity on how much Dowry must be given. It is entirely dependent on the Mahr Musamma. “Mahr Musamma is that dower on which both the parties have agreed upon as fixed between them” (Iqbal, p.30). There are two different agreements on which the dowry may be given. The first one is the “prompt dower”. Prompt dower is when both parties have agreed on a settlement and the dower must be paid immediately. The second being “deferred dower” is when an agreement has been made for the dower to be given after some period of time. It is also important to note that dowry is a gift from a man to a woman, and is not to be seen as her price or worth.

“The Engagement, Henna and Nikah in Afghan Marriage Customs”. Afghan Marriage Customs website. Accessed February 27, 2017 . http://www.muslim-marriage-guide.com/afghan-marriage-customs.html

In the Afghan culture, the marriage ceremony or Nikkah for those apart of the Islamic religion, obscures slightly from that of the Quranic teachings of Shariah Law. This article discusses the celebration of a marriage in the communities of Afghanistan. The basic principles of Shariah Law are taken, such as the father's permission, women's acceptance of the marriage and the dowry. W here it begins differing from religious beliefs is the celebratory events. “The Afghan marriage customs demand that the festivities are spread over three days. The ceremonies are conducted between 6 p.m and 2 a.m.” ( The Engagement, Henna and Nikah in Afghan Marriage

Customs ). Although Shariah Law does not permit the days of celebrating, culturally,