MARRIAGE IN ISLAM

The Paper Is Prapared to Fulfill the English Asinggment

Lenturer:

Ayu Hudzaifah, S.Hum. M.Hum.

Arranged:

Waufawidhu Amriy Ilalloh (101210206)

Widya Pratiwi (101210208)

ISLAMIC FAMILY LAW STUDY PROGRAM SHARIA FACULTY

PONOROGO STATE ISLAMIC INSTITUT OF RELIGION 2022

 PREFACE

Praise be to Allah SWT who has bestowed His blessings on the author so that this
paper can be completed. The titled paper “Marriage In Islam” aims to fulfill the assignments
of the course"english"

This paper entitled Marriage In Islam explains the background, Marriage In Islam.

In compiling this paper the author has sought assistance from several parties.
Therefore, the author thanks the following.

1. Dr. Hj. Evi Muafian, M.Ag., as rector of IAIN Ponorogo.

2. Usriya Tasadina,M.pd, as the supervisor of this course.
3. Class friends of HKI I IAIN Ponorogo, who have together with the author
studied and struggled in pursuing knowledge at IAIN Ponorogo.

Ivory is not No cracked. Similarly in this paper. Therefore, constructive criticism and
suggestions the author expects from the readers of this paper.

Ponorogo, 7 April 2022

Writer

ii
 DAFTAR ISI

Contents
PREFACE................................................................................................................................................2
DAFTAR ISI.............................................................................................................................................1
CHAPTER I INTRODUCTION....................................................................................................................1
A. Background................................................................................................................................1
B. Problem Formulation.................................................................................................................1
C. Purpose of the Problem.............................................................................................................1
CHAPTER II LANGUAGE..........................................................................................................................1
A. Understanding Marriage............................................................................................................1
B. Marriage Law.............................................................................................................................3
C. Pillars and Terms of Marriage....................................................................................................6
1. Pillars of Marriage..................................................................................................................6
2. Terms of Marriage.................................................................................................................7
D. Types of Marriage in Islam.........................................................................................................8
1. Mut’ah Marriage....................................................................................................................8
2. Marriage with the Intention of Divorce.................................................................................9
CHAPTER III CONCLUSION......................................................................................................................3
REFERENCES..........................................................................................................................................3

iii
 CHAPTER I
INTRODUCTION

1. Background

Marriage is a sunnatullah for all his creatures be it, humans, animals and even
plants. Because this is a fitrah that cannot be denied. Because by marrying also, living
things can maintain the survival of him and his generation. Marriage is also an event
where in that event, there is an agreement between 2 humans that occurs. In this holy
agreement it can be said to be difficult and easy. Because in this covenant that is said
to be holy according to Islam is a concrete thing. Because basically, marriage that is
said to be a covenant has responsibility, commitment, and affection. However,
marriage is a common and indeed very needed human beings. Seeing the description
above as an opening where Islam says that the law of marriage is sunnah. If the law of
marriage is sunnah then it means that marriage is not a law that becomes mandatory,
makruh, or even haram. The rules or laws of marriage ranging from simple rules to
the hardest or most complicated though, have been regulated for a long time in Islam
as a whole. Because by getting married, also as a way for those of us who can no
longer resist their lust.

2. Problem Formulation

1. What is marriage?
2. How is the law of marriage in Islam?
3. How is the conditions of marriage?
4. What are the various types of weddings?

3. Purpose of the Problem

1. To find out what marriage means.

2. To find out the marriage law in Islam.
3. To know the conditions of marriage.
4. To know the various kinds of weddings?

1
  

1
 CHAPTER II
LANGUAGE

A. Understanding Marriage

The term marriage comes from Arabic, namely (‫)النكاح‬, some say marriage
according to the term fiqh used the word marriage and the word zawaj. In terms of
Indonesia, it is marriage. Today it is often distinguished between marriage and
marriage, but in principle marriage and marriage are only different in attracting the
roots of the word. Marriage is an expression of a contract that is very clear and
summarized on the pillars and conditions. 1
In Indonesian "marriage" comes from the word "marriage" which according to
language, means forming a family with the opposite sex, having sex and having sex.
The meaning of marriage is a contract or bond, because in a marriage process there is
an ijab (statement of submission from the woman's side) and qabul (statement of
acceptance from the male side). In addition, marriage can be interpreted as having
sex2
The scholars of fiqh followers of the four schools (Shafi'i, Hanafi, Maliki, and
Hanbali). In general, they define marriage on a contract that carries ability (for a man
to have sex with a woman) with (beginning in the contract) lafazh marriage or
marriage, or a meaning similar to the two words.3
As for the meaning of marriage in terms of each fikih scholar has his own
opinions, among others:
1. Hanafiyah scholars interpret marriage as a contract that makes marriage make
a man can have and use women including all his limbs to get a satisfaction or
enjoyment.
2. Shafi'iyah scholars mention that marriage is a contract using the pronunciation
‫ ُح حا َككنِن‬, or ‫ك وا ُح ج‬
َ ‫كز‬
َ , which has the meaning of marriage causing couples
to get a pleasure.

1
Wahyu wibisana. Pernikahan dalam islam. Jurnal Pendidikan Agama Islam -Ta’lim Vol. 14 No. 2 - 2016
2
Amir Syarifuddin, HukumPerkawinan Islam di Indonesia Antara Fiqh Munakahat dan Undang-Undang
Perkawinan (Jakarta: Kencana, 2006), 35.
3
Abdurrahman al-Jaziri, al-Fiqh ‘ala Madzahib al-Arba’ah, Beirut: Dar al-Fikr, 1986, Jilid IV, hlm. 212

2
 3

3. Malikiyah scholars mention that marriage is an agreement or agreement made

to get satisfaction without any price paid.
4. Hanabilah scholars mention that marriage is a contract using the pronunciation
َ ‫ ا ِن ْن ن‬or ‫ك ْن ِن و ْن ُح ج‬
‫ك كا حُ ح‬ َ which means marriage makes men and women
can have satisfaction with each other.
5. Saleh Al Utsaimin, argued that marriage is the relationship between men and
women with the intention that each can enjoy the other and to form a righteous
paradise and build a clean society.
6. Muhammad Abu Zahrah in his book al-ahwal al-shakhsiyyah, explained that
marriage is a contract that results in male and female partners becoming halal
in doing bersenggema and there are rights and obligations between the two.4

According to the law Marriage is the inner birth bond between a man and a
woman as a husband and wife with a family form or r umah stairs that are happy and
eternal based on the Supreme Godhead. 5

In KBBI marriage/marriage contracts carried out in accordance with the

provisions of religious law and teachings: living as a husband and wife without -- is a
violation of religion.6

2. Marriage Law

Sources of marriage law

a. The Qur'an

Marriage is a demand of the nature of life and its purpose, among

others , is to obtain offspring, in order to carry out the type of life
contained in QS. Al-Dzariyat:49, QS. Yasin:36, QS.al-Hujurat:13,
QS.al-Nahl:72.

b. Al Hadith

4
https://dalamislam.com/hukum-islam/pernikahan/fiqih-pernikahan
5
Undang-undang repubik Indonesia nomer 1 tahun 1974 tentang perkawinan pasal 1
6
KBBI
 4

Although the Qur'an has provided the provisions of the marriage law in
great detail as mentioned above, but there is still a need for explanations
of the sunnah.7
  From Anas bin Malik radhiyallahu 'anhu, he said that the Prophet (saw)
said:
ِ َّ‫ فَ ْليَت‬، ‫َّج ال َع ْب ُد فَقَ ْد َك َّم َل نَصْ فَ ال ِّد ْي ِن‬
ِ ْ‫ق هللاَ فِي النِّص‬
‫ف البَاقِي‬ َ ‫ِإ َذا تَ َزو‬

"If a man is married, then he has perfected half his religion. Therefore, be
afraid of God in the other half." (HR. Al Baihaqi.8

c. Ijmak Ulama Fiqh

Munakahat fiqh experts give a lot of thoughts, opinions about

marriage based on the Quran and the Qur'an by performing
interpretations and analysis that gave birth to Fiqh law in the field of
marriage.

d. Ijtihad

Things that are not mentioned in the Qur'an or Sunnah, but require
legal provisions with ijtihad for example regarding joint property
obtained during the marriage, marriage of pregnant women due to
adultery, due to the cancellation of engagements, to engagement gifts.
and so on.9

Marriage laws:
a. Mubah
Mubah is the origin of the law of marriage , which is the law against an act that is
allowed to work on it. This act of mubah is not mandatory and nor is it prohibited.
For a bride-to-be whose condition is not pressed to do marriage accompanied by
reasons- The reason that requires to get married immediately , then he may not
marry first. According to Hambali the meaning of mubah in practice as for people
7
Jamaluddin dan Nanda Amalia. Buku Ajar Hukum Perkawinan Lhokseumawe. 2016

8
https://www.popbela.com/relationship/married/windari-subangkit/hadis-tentang-pernikahan-1/8

9
Jamaluddin dan Nanda Amalia. Buku Ajar Hukum Perkawinan Lhokseumawe. 2016
 5

who do not have the desire to marry is permissible , because of the conditions that
He faces not demanding to get married.
b. Sunnah
Sunnah means that if you do a marriage then it is better because he is indeed
appropriate and entered mating time . The point in practice is when someone who
already has the will to marry is supported by him. He already has the ability both
born and inner and if he is not married he is not worried about falling into adultery.
This opinion is expressed by mahzab hanafi and hambali. In dissent , mahzab maliki
said circumcision against people do not like marriage but want to descendants and he
is able to perform obligations by giving rizki halal and Able to have sexual
intercourse . Mahzab shafi'I considers marriage to be the law of sunnah for people
who do it with the intention of wanting to get peace of mind and already want to
have descendents.
c. Mandatory
The law of marriage becomes mandatory for those who are already able by birth
and mind. Coupled with him already has a very urgent appetite to immediately do
marriage feared he commits adultery. Against the conditions that have been
experienced like this in a man, then this is the law to be Mandatory. Explained by
mahzab maliki, as long as he is unable to withstand the act of adultery, then he Must
fast. If he is not willing to fast, then he must immediately marry .
d. Makruh
Marriage becomes the norm when a married man is unable to provide for his
wife even though the woman is in fact richer than the man. Some say that the
man turns out to be a weak person , and some say he is able to marry, but has no
desire to be able to fulfill his obligations . household well .
e. Haram
Haram law to do marriage to someone who does not have the will (intention) and
ability inner birth . This means that the person will not have a sense of
responsibility in his or her home life . This kind of situation in a marriage will
actually cause a large negative impact such as abandoning the wife, collecting
disputes etc. There are also marriages that are prohibited by law if he marries
someone with evil intentions such as to hurt, abandon, or more evil than that . 10
10
Umar Haris Sanjaya and Aunur Rahim. ISLAMIC MARRIAGE LAW. Yogyakarta.2017
 6

3. Pillars and Terms of Marriage

Indeed, the pillars and the conditions have a close relationship, namely the
existence of both of them determines the validity or illegitimacy of a deed. A worship
will not be valid if one of the pillars is not fulfilled. Likewise, a condition of worship
is invalid if one of the conditions is abandoned. However, there is a principal
difference between the pillars and the terms, although it is very subtle. The basic
difference between the pillars and the conditions is that the pillars are in the ritual of
worship itself, while the conditions are not included in the ritual of worship, their
position is before the worship is performed.

4. Pillars of Marriage

According to the jumhur ulama’, there are five pillars of marriage, namely:11
a. Husband
The husband (az-zauj) is the male party who is bound in a contract
that is carried out.
b. Wife
The wife (az-zaujah) is the woman who is bound in a contract that
takes place.
c. Guardian
In a sense, a guardian is a person who has jurisdiction or carries
out a contract with another person with his permission. In the marriage
contract, a woman does not perform the Kabul consent, but is carried
out by the guardian of the woman. So it can be said that the guardian is
the biological father of the bride. Jumhur Ulama such as Ulama’
Malikiyah and Ulama’ Syafiiyah agreed to make the position of
guardian as one of the pillars of the pillars of marriage. And without a
guardian, then a marriage contract becomes invalid.
d. Witness
Number four is a witness. The existence of witness in a
marriage contract is called Al-Isyhad. While the person who is a

11
Ahmad Sarwat, Seri Fiqih Kehidupan (8): Pernikahan, (Jakarta Selatan: DU Publishing,2011) hal. 106-109
 7

witness is called a martyr. A marriage is invalid if there are no

witnesses in the contract. In a sense, a contract is declared valid if
witnessed by two witnesses, or commonly called Syahidaini.

e. Ijab Kabul
Ijab means to determine something. If in the discussion of
marriage, Ijab is a contract submitted by the wife or her guardian either
delivered at the beginning or at the end. While Kabul is to express
approval of the agreed consent. In the ijab and kabul itself, the lafadz
that is pledged does not have to use Arabic, but in a language that is
easy to understand and understand.

5. Terms of Marriage

In order to be called marriage in a relationship that has fulfilled the

pillars above, there must be conditions. The conditions for marriage are as
follows:12
a. The terms for the groom are: Islam; Rida to the marriage; The person
is clear; and there is no syara' barriers.
b. The terms for the bride are: Islam; Rida to the marriage; The person is
clear; and there is no syara' barrier to marriage, whether muabbad or
muaqqat.
c. The terms for the guardian are: Islam; Able to act legally (baligh and
reasonable); Independent; Same religion with the bride and groom;
Man; and Fair.
d. The terms for witnesses are: Islam; Able to act legally (baligh and
reasonable); Two men; Fair; Understand the purpose of the contract;
Healthy hearing; Healthy eyesight; and independence.
e. The terms for the ijab kabul are: The spoken lafadz must be definite;
Does not contain any dubious meaning; and Lafadz will be complete
with the completion of the contract.

6. Types of Marriage in Islam

12
Iffah Muzammil, Fiqh Munakahat (Hukum Pernikahan dalam Islam), (Tangerang: Tira Smart,2019) hal. 9-10
 8

In Islam, marriage has many kinds. For a more complete discussion will be
discussed in the material below.

1. Mut’ah Marriage

Linguistically, the word mut'ah in Arabic comes from the word mataa'
which means pleasure.13 Whereas in terms, mut'ah marriage is a marriage
where in a situation a man says to a woman with sentences such as: "I
enjoy your body for a certain period of time with this money". It is said for
a certain period of time because the marriage relationship will
automatically end when it is due without having to go through a divorce
process.
Initially, mut'ah marriage was permissible, but after that it was
forbidden. The law of permissibility is revoked and replaced with haram.
If we examine further, one of the wisdoms that initially allowed muta'ah
marriage was because the Islamic community at that time was still on a
journey which we termed the transition period, the transition period from
ignorance. So after Islam came and called for his followers to fight and
their distance from their wives was quite a heavy suffering. Those whose
faith is strong will be willing to wait for their husbands to come home, but
those whose faith is not strong will commit adultery. Thus, the
permissibility of mut'ah marriage is a way to overcome the problems faced
by the two groups and is a step towards the enactment of a perfect
marriage law.
According to the opinion of most of the companions, that mut'ah
marriage is forbidden forever, there is not the slightest rukhshah, after the
law is enacted.

2. Marriage with the Intention of Divorce

Marriage with the intention of divorce means that someone is married

by fulfilling all the conditions and pillars of marriage such as the presence
of a guardian, witness, and consent, so that in the view of the Shari'a the
marriage is legal and has justified the relationship between husband and

13
Ahmad Sarwat, Seri Fiqih Kehidupan (8): Pernikahan, (Jakarta Selatan: DU Publishing,2011) hal. 175
 9

wife.14 However, the intention that was embedded in the husband's heart at
the time of marriage was already embedded to divorce his wife in the not
too distant future.

3. Sirri Marriage

Linguistically, the word sirri comes from the Arabic sirr which means
secret.15 Meanwhile, in terms of terms, it seems that different practices and
forms have developed in the community, so it is not possible to determine
the term sirri marriage immediately. Even though it means secret, all
Ulama' agree that the law of marriage without a guardian and no valid
witness is in accordance with Islamic requirements, then the law is haram
and its position is the same as zina.

4. Muhallil Marriage

Linguistically, the word muhallil comes from the Arabic word hallala
which means to justify. Meanwhile in terms, muhallil marriage which is
widely used in the community is marriage whose purpose is only to justify
another marriage, where marriage itself is only used as an intermediary.16
Muhallil marriage, as explained above, is only used as an alibi in order
to return to the first husband by performing a marriage drama. So the
majority of scholars forbid this muhallil marriage.

14
Ibid, hal. 191
15
Ibid. hal 193
16
Ibid. hal 199
 CHAPTER III
CONCLUSION

The term marriage comes from Arabic, namely (‫)النكاح‬, some say marriage according
to the term fiqh used the word marriage and the word zawaj. In terms of Indonesia, it is
marriage. Today it is often distinguished between marriage and marriage, but in principle
marriage and marriage are only different in attracting the roots of the word. Marriage is an
expression of a contract that is very clear and summarized on the pillars and conditions.

Marriage laws: Mubah (Mubah is the origin of the law of marriage), Sunnah
(Sunnah means that if you do a marriage then it is better because he is indeed appropriate and
entered mating time),Makruh (Marriage becomes the norm when a married man is unable to
provide for his wife even though the woman is in fact richer than the man.), Haram
(Haram law to do marriage to someone who does not have the will (intention) and ability inner
birth).

Indeed, the pillars and the conditions have a close relationship, namely the existence
of both of them determines the validity or illegitimacy of a deed. A worship will not be valid
if one of the pillars is not fulfilled. Likewise, a condition of worship is invalid if one of the
conditions is abandoned. However, there is a principal difference between the pillars and the
terms, although it is very subtle. The basic difference between the pillars and the conditions is
that the pillars are in the ritual of worship itself, while the conditions are not included in the
ritual of worship, their position is before the worship is performed.

10
10
 REFERENCES

Abdurrahman al-Jaziri, al-Fiqh ‘ala Madzahib al-Arba’ah, Beirut: Dar al-Fikr, 1986, Jilid IV, hlm. 212

Haris Umar Sanjaya and Aunur Rahim. ISLAMIC MARRIAGE LAW. Yogyakarta.2017

Ibid, hal. 191

Ibid. hal 193

Ibid. hal 199

Jamaluddin dan Nanda Amalia. Buku Ajar Hukum Perkawinan Lhokseumawe. 2016

KBBI
Muzammil Iffah, Fiqh Munakahat (Hukum Pernikahan dalam Islam), (Tangerang: Tira Smart,2019) hal. 9-10
Sarwat Ahmad, Seri Fiqih Kehidupan (8): Pernikahan, (Jakarta Selatan: DU Publishing,2011) hal. 106-109
Syarifuddin Amir, HukumPerkawinan Islam di Indonesia Antara Fiqh Munakahat dan Undang-Undang
Perkawinan (Jakarta: Kencana, 2006), 35.
Undang-undang repubik Indonesia nomer 1 tahun 1974 tentang perkawinan pasal 1
wibisana Wahyu. Pernikahan dalam islam. Jurnal Pendidikan Agama Islam -Ta’lim Vol. 14 No. 2 – 2016

https://dalamislam.com/hukum-islam/pernikahan/fiqih-pernikahan
https://www.popbela.com/relationship/married/windari-subangkit/hadis-tentang-pernikahan-1/8