We mentioned at the beginning of chapter one about the meaning of marriage and its legal and we will mention in this chapter syar'i conditions that must be met to marry well syahnya laws syar'i arising from it. Indeed it aqad married an expression of 'consent' and 'qobul', which started aqad called 'al-Mujib' and the other party is called 'Cain'. And maybe a 'final offer' of a man or his representative, and could be from her or his representative, as well as 'qobul'.
And the shohih to lafadh 'aqad marriage' is not no mistake it is: ( 'zawwajtuka ...' (I kawinkan you), or (....` ankahtuka ... '(I marry you ... ). When a woman says "Kukawinkan me ...." or his representative said" Kukawinkan ...", then you have been realized 'final offer of one side. If on the other side has to say: (' Qobiltu '(I accept)) , it has happened 'aqad marriage', when you've fulfilled the terms. Among others:
1. As mentioned qobul consent 'maharnya', either in cash or debt. And other conditions mentioned, if any, such as power or protection dijadikannya in the hands of his wife so he could determine when the divorce, or until a certain time limit with the divorce so that ba'in (forever).
2. And most important requirement that marriage is the presence of two independent witnesses, baligh, understanding, Muslims, for Muslim and Moslem marriages, who heard what aqad marriage, and the schools of that was married and Shah aqad if two witnesses are from relatives of husband and wife, as father or brother or son.
B. LAWS AQAD NIKAH
Indeed aqad bond of marriage is solid and strong, as each husband and wife are bound by ties with truth-haqnya, and be a responsible husband to his wife by keeping some of the terms that are not stated here. And the most important laws of this bond are:
Permanent marriage between two men of thought and the second marriage laws, and halal have fun with each other, and be forbidden from his wife's mother, and still heir of both parties (husband and wife).
Obligatory for the husband to marry aqad simply:
1. Giving 'dowry' both in cash and debt
2. Provide with all that stuff, namely: food,
clothing, shelter, etc., to women who marry.
What to do husband over his wife:
1. Assigned to the husband and wife have to educate the good way, because the husband is the leader of his wife.
2. The wife must obey him in things that Mubah and maintain honor and duty to stay at home and not out of his house except with the permission of her husband or because of an emergency.
3. For wives should not prevent the husband the right to have fun with it except for udzur like menstruation.
C. MARRIED TO EXCEPT AND MUSLIMAH MUSLIMIN
We want to explain the law shar 'i about Muslim women married to non-Muslim men and vice versa, because marriage is associated with the conditions and laws. The explanation is as follows:
Muslim Marriage with non-Muslim man
Syar'i already known that it is not permissible for a Muslim to marry non-Muslim men absolutely any religion and belief, including People of the Book. If this happens then the marriage is not valid or false. And does not result in a hukumpun of marriage laws, so do not set nasab child to his father, and do not inherit each other after the death of one of them. This was as in the word of Allah, the Exalted:
[ "And do not marry idolaters (with the women believers) until they believe. Verily the Believers slave is better than the polytheists, even though she allures you."] AI-Baqarah: 221
And most important of these issues we would like to remind the Muslims especially the saints and the women in order to really consider in choosing a husband for not constitute an important thing to be married women with any person, without aqidahnya examine, patterns of thought, and without know whether he is a believer or mulhid, Muslims or People of the Book, pagan or Buddhist.
Lo is the bond of matrimony is a bond barokah hearts and minds, before the bond body and lust. So a Muslim needs to the man who could walk with him, not contradictory between aqidah and religion, so as not to hinder the husband and wife to fulfill his religious obligations. And we see how the husband of heretic, infidel, and his wife dressed mulhid prohibit the closing shame and forced his wife to bare ko! Am a general pool, to face! Angi they perform prayers, fasting, and all religious orders, took a drink khomr, and led to the atrocities. Is that such a good husband?
Is not it better for a woman to not have a husband in her life than marry the man who disbelieve, hard heart like this? Who do not understand the essence of marriage unless it is only lust. Does not the woman asked him why I married a man like this? If he was married because kegantengannya, high position, it is possible for him to get a sholeh Muslim men who have sfat such properties as well. If he already loved her, crazy about him and then to throw the truth then this is a bad girl who leaves his religion and follow syahwatnya.
Marriage Muslim man with a Non-Muslim Women
It is known that the Muslim man may not marry non-Muslim woman unless the People of the Book (Jews and Christians), but that marriage unlawful. Should not marry women mulhid, Buddhist, Hindu, pagan or an apostate from Islam. We nasehatkan also for men to choose a good wife is the true Muslim who loves Allah and His Messenger. Not like the woman who grew up in the environment but have fikrah Muslims who hate and hostile to Islam. Hate to cover genitals (clothed in shar'i), then he is not Muslim. Similarly, women who do not love Allah and His messenger and religious laws so he is not Muslim. Although he was born of Muslim parents.
O Muslim men ..., choose a wife-wives in the best choice and you will not regret it because nothing to regret. And have we mentioned about women marrying bolehnya People of the Book syar'i law, but this needs explanation, as follows:
Those women marrying Muslim People of the Book is makruh under any circumstances. Because it was a better mukminah. And shari'ah mernbolehkan not marry People of the Book except with the requirements, if conditions are not met then it should not even be unlawful.
Among those conditions are:
1. Women's really People of the Book of deeds and the reality. The point is really a Jew or Nashara aqidah (the original). If the woman had separated from Judaism and became kenasroniannya then mulhid (Buddhist, Hindu) is not allowed to marry. This is a very important requirement for the Moslems who be! Teaching in the eastern and western countries who want to get married there. Then obliged him to make sure state women's People of the Book with his actions, so that valid marriage even though it was hateful or makruh.
2. Let the man was a true Muslim, not just Islamic identity card, so as not to give his wife a chance to religion and morality affect children. And no one is able to pretend not to know about the bad effect upon our young people, who live their heathen land he married the women of the country. So how many "Muslims syahwatnya lost in there and fell into such a society that forgot their religion. How many Muslims who lost their authority over their children is caused by bad laws made by their wives. Then become his children when they were infidels Muslim descent. If the condition was like this, then marry pagan women, the law becomes unlawful. Because the damages caused. In summary the shari'ah is not recommended to marry a non Muslim. Even marrying a Muslim untutk advocated in all circumstances. Because she was better meet the rights of husbands and better care for their children as the word of Allah, the Exalted:
( "And do not marry women idolaters, until they believe. Truly believing slave women more than women balk musrik, although he drew attention ') AI-Baqarah: 221