Marriage & Divorce Series: Rulings, Conditions & Questions

by Abu humayd Saalim Ahmed

There are slides and sheets available with this talk – Marriage & Divorce Series Handouts

Lesson Notes

Lesson 1 covered:

  • What does Nikaah mean?
  • When is marriage Sunnah / Wajib / Mubah / Makruh / Haram?
  • Are you allowed to look at the one you propose to?
  • What are the conditions for courting?
  • When is it forbidden to propose?
  • When you are in a state of Ihraam, can you be a witness?
  • What is the ruling on the one who delays marriage due to his / her studies?

+ Fatawaa from the scholars relating to marriage

Lesson 2 covered:

  • Recap from part 1
  • Who should you marry?
  • More details regarding courting
  • What is the engagement? What is allowed?
  • Are there specific times or places where it is best to perform the Nikaah?
  • What is the Ijaab?
  • What is the dua you should make for the groom and bride?
  • What is the dua when you first meet your wife? What should you do?
  • What is the ruling on forced marriage?
  • What is the difference between a forced and arranged marriage?
  • What is the role of the Wali (guardian)?
  • Can you get married without a Wali?
  • Can the nikaah be done over the phone?
  • Who can be a wali?

+  general advice to one who is about to get married.

Lesson 3 covered:

  • Recap from part 2
  • Conditions of the wali
  • Conditions of the guardian
  • What is the ruling on the guardian of a woman from Ahlul Kitab
  • Conditions of witnesses
  • Women eternally forbidden to marry
  • What is condemnation (Al Li’aan)
  • Women temporarily forbidden to marry

Lesson 4 covered:

  • Recap from part 3
  • Can you marry your cousins?
  • Recap -> What are the conditions of the marriage?
  • Difference between conditions of Nikah and conditions within the Nikah.
  • What types of conditions is it permissible to set?
  • “If you marry me, you can’t take a second wife” – is this a legitimate condition?
  • Can you ask for a divorce if your husband takes a second wife?
  • What is the dowry?
  • Is it a condition to mention the dowry at the time of Nikah?
  • If the husband/wife is infertile what happens?

Lesson 5 covered:

  • Revision of previous lessons

The Waleemah

  • What is the Waleemah?
  • When should the contract be done?
  • Is the Waleemah waajib or Sunnah? What is the proof?
  • What is the wisdom behind the waleemah?
  • What [food] should be served at the waleemah?
  • What are the 5 rights of a Muslim upon a Muslim?
  • If you are invited to a waleemah, is it waajib to attend? What about regular invites?
  • Can you attend if there is music?
  • If you are fasting and invited to a waleemah, should you attend and break or continue fasting? What is the proof?

Living in kindness and goodness with the women

  • It is waajib to be kind to ones wife.
  • Is the woman expected to cook for her husband?
  • A beautiful statement by shaykh Ibn Uthaymeen regarding the dealings between the spouses
  • Remember, how would like the husband of your daughter to treat her?
  • Women have similar rights over men as men do over women
  • What does “goodness” mean in the legislation?

Lesson 6 covered:

  • What are the three types of divorce?
  • What is a Bid’ee divorce vs a Sunnee divorce?
  • What are the rights of the women regarding divorce?
  • What are the circumstances when you can request a divorce?
  • If a husband mistreats his wife, and refuses to allow her divorce – can he be compelled?
  • What is the ruling of the man who beats his wife?
  • What is the ruling on one who belittles and demeans his wife verbally?
  • What is the ruling on the one who hates women?
  • What did ibn Katheer say regarding those who oppress the women?

Lesson 7 covered:

  • What are the 5 rulings that apply to divorce?
  • When is it allowed for one to seek a divorce?
  •  It is not permissible for a believing man to hate a believing woman.
  • When is it mustahhab / waajib for a man to divorce his wife?
  •  What are the categories of divorce?
  • Can a divorce occur via text message?
  • What is the ruling when the wording is indirect?
  • What are the differences between major and minor separation
  • What is Talaaq bid’ee?
  • What is Talaaq Sunnee?

Lesson 8 covered:

The waiting period (the ‘iddah) during the divorce

The Divorce

  • What is the waiting period?
  • Why is the waiting period prescribed?
  • What are the benefits of the waiting period?
  • The waiting period is obligatory, whether it’s separation after Talaaq, khula’ & faskh – while the husband is alive or if the husband dies.
  • What if the marriage was invalid?
  • What if the divorce occurred before seclusion?
  • What if she is pregnant?
  • What is the waiting period of the widow?

Rulings of the waiting period

  • When does the women leave the house?
  • Is there a difference between revocable and irrevocable divorcees?
  • Should the husband still provide for her?
  • Is there a difference between revocable, irrevocable and pregnant divorcees?
  • Can she inherit from the husband during this period?
  • What are the things which are not allowed?