DOWRY
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ladies and gentelman
according to coran, is dowry compulsory to conclude marriage? -
ladies and gentelman
according to coran, is dowry compulsory to conclude marriage?I haven't go deep into this issue.
However,
I think based on Chapter 4 - verses 24 & 25, it seems dowry is something obligatory, while the type and the amount don't seem specified.
Salm.
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There are two things, the sadaqawhich is the dowry yes the Qur'an says so. And then after the marriage there the ujur, retributions, which must be paid to the wife.
The tradition has sort of merged both things which are clearly distinct and deprived the wives of the retributions. But the Qur'an specifies both.
Salaam
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I recommend
What does The Quran say on the age of marriage?
The Quran does not state a specific legal age of marriage, however it does give a guideline and mentions situations and conditions that should be considered before marriage
?Determining mutual attraction/compatibility
?Ascertaining whether the potential partner is of similar beliefs/faith
?Discussion of and agreeing to the level of dower and other terms (if any)
?Understanding and mutual acceptance of marriage as a solemn/strong oath/contract
?If male, capable of providing for the family/household
?To have physically matured / post-pubertyIf the marriage is unsuccessful, one should also be capable of undertaking divorce proceedings, e.g. separation period, arbitration, discussion of settlement etc .
AND
To understand the sequence of events, we must fully understand the divorce procedure according to The Quran
?'cooling-off' period for those who swear away from their wives sexually, limited to 4 months *
?after this 4 month 'cooling-off' period, the options are revert to normal relations or divorce/talaq
?post-divorce interim/waiting period is 3 menstruation periods or 3 months, if pregnant it is until they deliver, if widowed it is 4 months and 10 days
?if no sex has taken place after marriage, then no interim period is required after divorce/talaq . Compensation may be due however if dower was agreed upon?during post-divorce interim period, wife remains in the same house, and is compensated by way of maintenance during this period in the same living standard as the husband, each according to their means **
?divorce is automatically retracted if sex between the couple takes place during the interim period ***?if couple reconciles, then divorce/talaq may be retracted twice during interim-period. If divorced a third time it is final unless she marries another then they divorce, only then can original partners re-marry. If the couple fear they will not maintain God's bounds, then wife may give some dowry back to release herself
?if couple still wishes to follow through with the divorce/talaq after the end of the interim period and undergo final separation, then two witnesses are required to complete the process
?exceptions exist, in certain situations
?the onus is upon the person in the wrong to rectify the situation or initiate divorce/release, and it is an obligation upon the contract-breaking party to compensate the otherAs a side note, the last point is also mentioned in traditional Islamic law and sources, see M.Asad's note on 2229. This system would also protect the male if he were to marry a female who only did so for his money or the marital gift then she wished to end the marriage later, because since the contract-breaking party compensates the other partner, she would have to do so accordingly. Similarly, this would protect the female if she were to marry a male who only did so for lustful reasons then wished to end the marriage later, as he would then have to compensate her.
*Also possibly provides a time limit due to a practice of the time in which husbands did not have sex with their wives but also did not divorce them, see 581-4, 334; i.e. leaving them in a state between marriage and divorce. Similar to what is implied by 4129.
**And the same goes for the lesser situation of 'cooling-off' period. Obviously, the wife would not be removed from the home for the lesser serious 'cooling-off' period then brought back just for the post-divorce interim period.
***Inference from 2226 is that resumption of sexual relations is equated to reconciliation, thus no initiation of divorce. Hence, same proviso for post-divorce interim period, i.e. sex = reconciliation.
