Engagement in Islam requires several conditions, which we mention as follows: The woman should not be married, which is one of the obvious conditions that prevent the woman from being betrothal. In the event that the woman is the wife of another person, he prevents her betrothal and it is not permissible to propose to her, neither by exposing – any hint – nor by permission, and this ruling is established by the consensus of the scholars without dispute. Because she is a wife, and a woman may not marry more than one man.
The woman must not be in the waiting period of divorce or death. This condition relates to the woman in the waiting period, and it is not without three cases. She is either the waiting period after the death of her husband, or she is the waiting period of irrevocable divorce, or she is the waiting period of a revocable divorce.
In the event that a woman is waiting for her waiting period from death or an irrevocable divorce – that is, a woman who has been divorced three times and is still in the waiting period -; It is not permissible to declare her engagement during the waiting period. Explicitness is what is not tolerated other than marriage, such as saying: I ask for your hand for marriage, and exposing is permissible, which is what is understood from marriage and others, such as saying: If your waiting period ends, tell me.
As for the woman in the waiting period due to a revocable divorce, it is not permissible to be engaged to her, neither by permission nor by exposure, because she is still married to her husband, and the husband has the right to return her to his custody at any time during the waiting period.
That the woman not be engaged, and this condition achieves social security among people. The betrothal of a woman who is engaged to another man is not permissible, whether it is a statement or a hint, and Islam is keen on maintaining social relations between people in a balanced manner and is keen that the feelings of Muslims remain dominated by love and affection.
Therefore, it is not permissible to propose to the fiancée woman, and it is not permissible for her guardian to accept her betrothal from another man if her betrothal is established. The Messenger of God said
The concept of engagement in Islam Engagement is to inform the woman or her guardian of the desire to marry her, and it is the first step before marriage, and it is a promise to marry, and it contains an opportunity for the two families to get to know each other, so each party must respect the engagement, whether the fiancée or the fiancée, marriage is of great importance in Islam so do not It is necessary to prepare for it and create the appropriate atmosphere for that, and among these means is the sermon, which is the prelude to this marriage
Engagement before marriage is a way for both the fiancé and the fiancée to get to know each other, and it allows them to understand the nature of each of them, so that affection and mercy between the two partners after marriage, and Islam is keen on that.
The conditions of the marriage contract in Islam and the contracts in Islamic Sharia have several conditions, which are divided into:
1_ conditions for the convening of the council on which the convening of the council depends, the contract, some of which have been lost since its contract.
2_ Conditions of validity and they are the ones on which the contract depends, all of this contract, all of this contract.
3_ Conditions of their availability in the contract on the site without stopping anyone’s approval.
4_ Conditions of necessity, are the conditions that must be fulfilled in the contract for it to be necessary.
Both parties cannot withdraw from it, and the marriage contract is according to Islamic law. The place of the chicken
First – Conditions of the Contract Form The form of the marriage contract is required (the offer and acceptance) and an explanation of the following:
To be in words that indicate marriage; such as getting married, marrying, owning, selling, donating, and the like, and this is achieved by the presence of a custom or a presumption, It is not required that the formula is in the word “marriage” or “marriage”; Because the lesson is in the discourses and meanings, not in the words and buildings.
That the formula denotes permanence and Tanja, so it is not valid if it denotes anaphylaxis or anticipation; The marriage contract is based on permanence and religious living, shipbuilding; Because it is dependent on a condition that is not immediately fulfilled, and it does not contract.
In return for agreeing to agree to the offer in all respects, for in return for the agreeing, and in return, in return for that in return for the agreeing, the marriage is valid. The guardian said: Sarah married you on a dowry of ten thousand, and the suitor said: You accepted the marriage of your daughter Sajida on a dowry of five thousand, the marriage did not take place.
That the acceptance is related to the offer and this communication takes place with the union of the contract council, that the offer and acceptance take place together in one council without requiring immediacy according to the majority of jurists, unlike the Hanafis who stipulated immediacy. That the obligator does not return to his offer before accepting the other, and this condition, according to the saying of the majority of jurists, disagreed with them in that the Malikis, as they considered that the offer is binding on its owner (the obligator), and it is not permissible to withdraw it before the acceptance of the other party. Conditions of the two parties The conditions of the marriage contract are also required for both contracting parties
That both contracting parties enjoy the capacity, i.e. that they are sane adults, at odds concerning the discerning boy if his guardian permits him.
That they have the right to create the contract, that a sane, rational adult concludes a contract for himself or contracts for his agent to assign him the contract for him, or he is the guardian of one of the suitors to verify guardianship, so that the Sharia gives him the right to establish the contract, and as for the curious who is contracted to someone else without his permission, his contract is not valid. That their consent and choice should be ascertained, as the contract without their consent or the consent of either of them is not valid. That each of them hears and understands the words of the other, and the marriage does not take place if one of the two contracting parties speaks a language that the other does not understand.
That each of the spouses is known and known. If the guardian said: “I have married you to one of my daughters,” and he did not specify her, and he has more than one daughter, the marriage would not take place. That the spouses do not have a reason for the prohibition of marriage, such as if it turns out that they are brothers through breastfeeding, then the marriage will not take place
Conditions of validity: They are what depends on the validity of the marriage contract, and its effects on it, and the contract is invalidated by the failure of one of them, and they are two conditions:
For a woman to marry a man who wants to marry her, it is stipulated that she is not forbidden to him for any reason for the temporary or permanent prohibition. Certification of the marriage contract.
Terms of Required
The meaning of the necessity of the contract: that one of the contracting parties or others does not have the right to annul it after its conclusion, that the contract is devoid of option, and the necessity of marriage requires four conditions
That the father or grandfather be the guardian married to the incompetent such as the insane and the lunatic, or deficient in it such as the young and the small, which is a condition for Abu Hanifa and Muhammad, if the husband was for them other than the father or grandfather, each of them had the right to annul the contract when the impediment was removed.
That the husband is equivalent to the wife, so if a free, adult, sane woman marries herself without the consent of the guardians, and she has an abusive guardian who did not consent to this marriage, then this guardian may request the annulment of the marriage from the judge. That the dowry of the fiancée is the same as the dowry of her female counterparts if a free, sane, adult woman marries herself incompetent without the consent of the guardians.
It shall not be less than the dowry of a proverb if a woman marries herself to a qualified man, and this is according to Abu Hanifa. Guardians have the right to object and request annulment of the marriage unless the husband accepts an increase in the dowry to the dowry of the same, then the guardian does not have the right of annulment, and accordingly either increases the husband to the dowry of the same or separates them. That the husband is free from the defect of cowardice and impurity when the wife is not satisfied with them.
Terms of access
The meaning of the terms of effectiveness are the conditions that must be met in a valid contract; To be implemented and not depend on anyone’s leave, and they are two conditions
That each of the two contracting parties who undertook the establishment of the contract is of full capacity, that is, two sane, free adults, if one of the contracting parties is incompetent; I mean, if he is a lunatic, a distinguished young person, or a slave, then his contract, which is concluded by himself, is valid and depends on the permission of the guardian of the master.
That each of the two contracting parties has a capacity that gives him the right to proceed with the contract.
In advance of it, if the contract of any one of these and he fulfills the conditions of contract and validity, the contract is valid and is suspended on the permission of the person concerned…