THE PROCESS OF MARRIAGE FROM ISLAMIC PERSPECTIVE
Transcript of THE PROCESS OF MARRIAGE FROM ISLAMIC PERSPECTIVE
INTERNATIONAL ISLAMIC UNIVERSITY OF MALAYSIA
2013/1014
Introduction.
Marriage under Islamic law is the nature of a civil
contract in that it is based on offer ( Ijab ) and acceptance
( Qabul ) between the parties. However it is also an act
commended by the qur’an and the Sunnah of the Prophet (s.a.w),
and the relationship between spouses is mentioned as among
Allah Signs or blessing to mankind :
And among His Signs in this, that He created for you spouses from among
yourselves, that you dwell in tranquility with them, and He has put love and mercy
between your ( hearts ).
Surah Ar-Rum 30:21
The prophet (s.a.w) encouraged young man who can support a
wife to marry, and since poverty, though not necessarily a
barrier to marriage, may cause certain practical difficulties
in the way of getting marriage, advised those who cannot
afford it to resort to voluntary fasting as way to control
sexual desire:
Alqama reported: Allah’s messenger (peace be upon him) said: O young men, those
among you who can support a wife should marry, for it restrains eyes from casting
( evil glances ), and preserves one from immorality, but those who cannot should
devote themselves to fasting for it is means for controlling sexual desire.
Sahih Muslim Kitab An-Nikah Vol. II :3131.
Marriage in Islam does not have the Christian notions of
sacrament as the concept of sacrament implies the
indissolubility of the marital bond, as well as officially by
a priest and benediction of the wedding ceremony as an
essential element to validate the matrimonial union. The
essential elements for a valid Muslim marriage are more
contractual rather than ceremonial or sacramental in
character. like any other contract, a marriage contract can
only be concluded through the two pillars of offer and
acceptance by the two principals or their proxies. There are
more perceptions about the marriage.
Marriage in Islam is Mainly, but not purely in the nature of a
civil contract. A Muslim marriage is essentially a contract
between two parties, but it is contract with significant
religious, moral and spiritual overtones.
Definition of Marriage.
The most commonly accepted definition of marriage is a
process of union between two people to produce a family. In
almost all societies, there are rules that determine the
proper choice of partner such as exogamy, endogamy, etc.
Exogamy suggested that a couple should be from two different
groups, while endogamy suggested that the couple must be from
one same group of the society. In an attempt to understand the
definition of marriage, one must also consider the existence
of perspective/proscriptive points of view. In terms of
exogamy and endogamy, perspective /prospective may emphasize
on social, race, class, caste, or even residential groups.
Although, it is usually heterosexual, the above definition of
marriage does not suggest so. There are some exceptions in
both ancient and modern cultures. In particular tribe in west
Africa, a woman is allowed to marry another of the same sex,
in the modern world, some states or country allow marriage of
the same sex also. However, the function of marriage is more
or less the same regardless of the type, as indicated in the
previous mention definition of marriage, the main function is
to produce a family, but not necessarily biological family.
There are some differences in the definition of marriage in
every society. It seems that marriage is merely social,
however in reality marriage is also involve economic
exchanges. If the woman is highly valued, the man is possibly
required to provide valuable goods in exchange for the women’s
family. The same principal applies when a men is highly
valued. As social sciences grow, the definition of marriage
also evolve, marriage is no longer an obligatory, but it is
triggered by the needs of companionship, sexual regulation,
social status, affection, and more, lines of descendants
( family tree ) may also be included in the consideration.
Marriage in Western Country ( Conventional Societies )
Wedding is a celebration in which couples begin their married life.
Concept and customs of marriage varies between countries, religions,
casts, cultures. Marriage also depends on economic condition of
bride and grooms family. But both Eastern and western marriages has
its own importance. Nuptial is the common adjective of "wedding"
used in zoology.
Wedding rings or wedding vows symbolizes the Western wedding,
whereas wedding chain symbolizes the Eastern wedding. There are many
differences between Eastern and western wedding for example
differences in wedding reception, wedding halls, wedding party and
many other things.
Wedding reception is very common in western wedding ceremonies.
Sometimes receptions are arranged after wedding, some times before.
Commonly receptions arrange in evening times. Dinner in reception is
quite different from other dinners. Western wedding include dance,
music, orchestras, poetry, prayer.
Some traditions of Western wedding represents the bride's and her
father's relationship and her relationship with new family. Some
traditions symbolizes the relationship between husband and wife.
Modern couples are not giving importance to these tradition. Day by
day these customs are vanishing.
Wedding rings plays very big role in every western marriage. Wedding
rings are the sign of expressing one's love and affection to his
beloved. It is the symbol of faith and confidence. The moment of
exchanging Wedding rings between bride and groom is unforgotten
memory in their life. It symbolizes future relationship of couples.
Best man concept is commonly associated with western weddings,
especially in British tradition. Best man is responsible to present
wedding rings during the symbolic moment of exchange of ring/s
between the bride and the groom in front of all guests at wedding
hall.
In western countries, wedding is a great moment which gives a new
life to both bride and groom. Marriage is a precursor to parenthood,
taking the promise of a new generation. This precious moment is
embedded with traditions, customs, celebrations including engagement
and wedding receptions.
In respect to dress of bride, white plays an important role in
ritual of wedding in western culture. As new designs of wedding
gowns are available, today brides may attracted towards these
designs that do not look very traditional. However, the tradition of
wearing wedding gowns in western weddings, has unchanged. There are
different types of Wedding are followed in western culture. They are
Double wedding, Destination wedding, weekend wedding, white wedding,
military wedding, civil wedding, sneak wedding etc.
Double wedding is a single celebration where two arranged couples
meet for two continuous marriages. In some of the countries like
Philippines, Indonesia marriage of two siblings in a year is
recognized as unfortunate and it is declared as "sukob". A marriage
in which couple and their guests travel from one place to another to
attend the ceremony is known as Destination wedding. This type of
weddings are arranged in beaches in the Caribbean islands. It is a
type of wedding in which couples and all their invited guests
celebrate the ceremony during the weekend is known as weekend
wedding. Commonly golf tournaments are arranged in weekend weddings
to entertain guests. The name indicates the color of the wedding
gown, which was highly popular in Victorian period which represent
the purity and innocence of childhood. As grown white color
symbolizes virginity.
A military wedding is a marriage held at a military chapel. In
almost all military weddings the groom wear a military uniform.
Military soldiers and their family members commonly opt for a
military wedding.
Wedding ceremony presided over by ministers, judges, mayors and
other civil authorities or any great personalities. Civil wedding
commonly takes place in local cities, town halls or in front of
judge in court yards. Marrying without consent or approval of
parents or others is known as Sneak wedding
The Proses of Marriage in Muslim Society.
Badui’s Process of marriage in Egypt
The Bedouins of Egypt live mainly in two major locations, the
Western Desert with the five major oases: Siwa to the North,
Bahareya, Farfra, Kharga, and Dakhla, and the Bedouins of Sinai. The
population of the Bedouins of Egypt is estimated to be more than
700, 000 people, representing slightly less than 1% of the whole
Egyptian population. The Egyptian Government has recently given
attention to the needs of the population of the Bedouins and they
started establishing development programs for themThe Bedouins are
famous for their strict traditions that would seem strange to many
people. Among the most interesting habits of the Bedouins are the
marriage ceremony rituals and preparations.
The marriage rituals are different from one Bedouin community to
another. It is even sometimes different from one tribe to another
inside the same community. However, some of these traditions may
appear similar to the marriage customs of the modern community in
some senses.We will try to shed some light on some of the traditions
of the Bedouins concerning marriage and the preparations for the
wedding ceremony.
The choice of the groom
The Bedouin lady, just like any other woman, dreams of her wedding
day, her groom, and her wedding ceremony. However, maybe the Bedouin
women are less opportune than other women around the world.
According to the Bedouins community, when the girl grows up and
reaches the age of marriage, the priority is for her cousin to marry
her. Bedouins have an old saying "her cousin will help her step down
from her horse" as it is a part of the wedding traditions in the
Bedouin community that the bride rides a horse or a camel that
transfers her to the house of her groom during the wedding ceremony
and he has to help her step down the horse.
In some cases, men get interested in women that are not their
relatives, as men in the tribe see other women while they are
getting water or firewood for the use of their family members.
However, the cousin always has the priority to marry the woman.In
the case the woman does not have a cousin, she can marry someone
else after the her father gives his consentEven if the woman does
not approve of marrying her cousin, she usually agrees out of
respect to her father's wish.
The groom's visit to the bride's house
The groom, accompanied by his father and some of the men belonging
to the same tribe, visit the father of the bride at his home to
request to marry his daughter.
One of the important traditions of the Bedouins is to present coffee
to their guests at home. When the coffee is offered to the father of
the groom, he has to put the cup on the ground and clarifies that he
came to ask the owner of the house, the father of the bride, to
enable his son to marry the owner of the house's daughter. The
father of the bride does not drink the coffee until his request is
approved. Then, he drinks the coffee with all the members of the
house singing and chanting happily because their daughter is
officially getting married now.
The dowry
After approving the request of the father of the groom, both parties
agree on the dowry which usually consists of golden jewelry that the
groom offers to his bride. Sometimes, the groom adds some camels and
calves to the dowry to make the bride feel secure concerning her
future, the same as modern day women do in order to feel protected
from any future problems and to enable them to take care of their
family and children if any unexpected events take place. Kinship
usually is a significant matter in identifying the dowry. When the
woman is marrying her cousin, usually her father accepts much less
than what he would have accepted from another man who is not their
relative.
Preparations of the bride
One of the duties of the women of the family of the groom is to get
the bride the cloth for her wedding ceremony dress. Furthermore, a
lady from the family of the groom, usually the mother, has to design
the wedding dress and knit it. They also bring the bride perfumes
and any other items she requires for marriage.The Bedouin bride has
to wear the dress sewed for her wedding day and it is usually an
attractive dress made out of red or green silk.
The bride wears the "Arga" or the golden face cover that hides her
facial features from the people attending the wedding ceremony. She
puts traditional Arab eyeliner, "Kohel" to highlight the beauty of
her eyes and she puts on valuable perfumes and odors.
The Henna Night
The Henna Night is the real beginning of the celebrations of the
wedding. This is the night when the groom gets his hands and legs
ornamented with Henna. Many friends and relatives gather in the
house of the groom to participate in this event
Women who are members of both families participate together in
putting Henna on the hands and the legs of the bride as it is
considered the major makeup tool of the Bedouin bride. This is an
important tradition of the wedding preparations
Rituals of the Bedouin Wedding Ceremony
The Bedouins usually have the habit to choose the 14th or the 15th
day of the lunar month, the Moslem calendar, to organize the wedding
ceremony to have the sky lit brightly with the full moon.The family
of the groom starts slaughtering the sheep in the morning of the
wedding ceremony as a celebration of this special event and in order
to offer their guests with a delicious meal. The youth of the family
are habitually responsible for this task.
The older members of the family of the groom have another task. They
start welcoming their guests at the family house. All the important
leaders of the tribe gather, drink coffee and tea, and present their
congratulations and gifts to the groom and his father.The ladies of
the two families get together in the house of the father of the
bride. They all start chanting and making the "Zaghareed", the
joyful sounds Arab women make with their mouths in happy celebration
events.As soon as the food is ready, the youth of the two families
start transferring it to the house of the father of the groom and
they start organizing the table for the guests. The dishes usually
consist of Fetta with rice, red sauce, and pieces of different kinds
of meats.
The Bedouin bride sits on top of a camel while the ladies of the two
families surround her and sing for her. They all start moving until
they reach the house of the newly married couple. When the bride
touches the ground of her house for the first time, a sheep has to
be slaughtered as a blessing presented to her. As soon as the bride
enters her room in her new house, her friends follow her and they
all start celebrating all night.Each Bedouin community or oasis has
some specific marriage traditions that are different from other
Bedouin communities spread all over Egypt.
In the Dakhla Oasis
One of the traditions of the wedding ceremonies taking place in the
Dakhla Oasis, although it has declined a lot because of economic
factors, is the celebrations of the calves. This event occurs at the
noon of the wedding day when all the people of the tribe gather
their calves, which will be slaughtered, in the largest square of
the village.They position the claves in a circular shape with
colorful pieces of cloth put around their necks. The claves start to
dance to the beats of the drums the people play. All the people
would attend this event as it is considered one of the most
important rituals of the wedding day in the Dakhla Oasis.
Another interesting habit of the inhabitants of the Dakhla Oasis is
that the mother of the bride has to send a breakfast and a lunch
meal to her daughter everyday starting with her first day of
marriage and for a whole week afterwards.These meals have to contain
considerable amounts of stuffed pigeons, especially in the lunch
meal that includes ten stuffed pigeons. The number reaches 71
pigeons in the seventh day of marriage. A stranger habit is that the
family of the groom is prohibited to participate in cooking for the
dinner of the newly married couple.
The Bahareya Oasis
In the Bahareya Oasis, the wedding ceremony goes on for two
consecutive days. The family of the groom has to provide lunch and
dinner to all the people living in the village. The food is to be
put on a round wooden table with eight guests gathering around each
table. The older member of these eight guests is the one that has to
cut the meat in equal proportions for the others.Another feature of
the wedding preparations in the Bahareya Oasis is the "Fateha" when
the father of the groom and the father of the bride have the basic
agreement concerning the marriage of their son and daughter.
The family of the bride has to invite the family members of the
groom for dinner that includes all types of various food and
different dishes that contain a stuffed turkey. A very weird
characteristic of this event is that the groom is prohibited to
attend it because he comes with a number of his friends and
relatives for his own dinner party in the following day.The friends
of the groom have to pay him some money as a compliment that he is
getting married. The newest feature of the Bedouin wedding
preparation is that the bride puts a modernly equipped mobile phone
inside the turkey that is presented to the groom.
The Siwa Oasis
Due to its remote location and cultural difference, the people of
the Siwa are distinguished among other oasis with some special
habits concerning the wedding ceremony and the preparations for
it.The bride has to prepare 45 handmade dresses embroidered with
silk for her wedding ceremony. These dresses are used in three
different consecutive occasions. The first is the wedding night, the
second is the morning of the first day of marriage, and the third
occasion would be the seventh night of marriage, with 15 dresses
used in each occasion.
Another event among the wedding preparations the Siwans marriage
celebrations is the breaking of the firewood that will be used to
cook for the wedding ceremony meal. All the youth of the town
participate in this event as a compliment to the groom as they
gather in front of his house and start breaking the firewood while
singing and chanting.
Another strange habit of the Siwans is that the groom has to present
his mother in law with palm flames or what they call it the hearts
of some palms. The friends of the groom has to cut out more than 20
palms and they break them into little pieces getting the heart of
each palm and collecting them all together to give to their friend,
who in turn gives them to his mother in law.
Another important event takes place in the first morning day of
marriage when all the youth and children of the village gather in a
garden or an open yard to compete in different games. The family of
the groom has to present gifts and presents to the winners of these
competitions.
Matruh
The first event taking place in the wedding preparations for the
Bedouins of Matruh is that the groom has to bring his mother in law
all the ingredients of the wedding feast including a number of
sheep, vegetables, fruits, tea, sugar, and even detergents to clean
the dishes after the wedding ceremony. This event is very important
as it is considered as an announcement of the marriage taking
place.Another important event occurs on the seventh day of marriage
when the bride visits her family for the first time after getting
married. The bride has to take some food and a lot of meat to her
family.The bride has to present the family members of her groom with
some gifts on the wedding night. Usually these gifts are clothes and
valuable golden jewelry.
Marriage in Indian Society
India is the world's seventh largest country. It is rich and diverse
geographically as well as culturally. Indians proudly follow their
customs and traditions in everyday life as well as in festivals and
occasions. Marriage has a very significant relevance to the Indian
society and it is the biggest celebration in an Indian's life. It is
considered a holistic occasion that relates to ceremonies,
traditional vows, social gatherings and a lot of pump & show.
Marriage ceremonies are conducted in vivid ways in various parts of
India. Every region, caste and community has its unique ways of
marriage but the basic essence is uniform all over the country.
The Significance Of Marriage In Indian Society:
Marriage is regarded as a social institution of extreme
importance in the Indian society.
Marriage is a very permanent relationship in India. Compatible
or not, the mindset of Indians does not allow husbands and
wives to part their ways easily, unlike the Western culture,
where divorces are very common.
In India, marriage is not just the union of two individuals;
rather, it is the union of two families.
To Indians, the idea of marriage is specific to heterosexuals,
i.e. two people from opposite sexes are united in an Indian
marriage.
Marriages in India are a social ceremony and not necessarily
legalized always.
Indian society is dominantly convinced to the concept of
‘arrange marriages'. Though Indian folklore and cinema promote
romantic unions to the fullest, arrange marriages are very
prominent in Indian society.
‘Self-arranged marriages' are increasingly common in India. A
couple that is romantically involved generally undergoes the
entire process of arrange marriage to avoid social taunts!
The matching criteria in Indian society for the purpose of
marriage, includes religion, caste, horoscope, profession,
status and physical appearances.
Exchange of photographs/information with prospective matches
is another important step towards marriage in the Indian
society.
In India there is no uniform Civil Code, i.e. Family laws vary
based on religion and state.
In Indian society, the most important thing in one's life is
to marry at right age, to the right person.
Finding The Right Life Partner is really a very difficult thing. The
traditional way of Finding the Right Life Partner was through
newspapers. With the advent of internet, Finding The Right Life
Partner has become an easy and quick process. Online Matrimonial
Sites offer a very user-friendly way to choose from a wide range of
profiles.
Marriage in Indonesia
Muslims around the world all live by and obey the same basic Islamic
laws. Some Muslim traditions, however, are blended with national
traditions varying from country to country, and often even within
areas of a specific country. In Indonesia, for instance, young
people are still bound by Muslim rules when it comes down to
questions such as dating and getting married. Here, as elsewhere,
dating is seen only as a way to get acquainted with one's wife or
husband to be shortly before the wedding takes place.
Meetings always take place in amongst the presence of families to
avoid physical desires taking over and often marriages have been
arranged, although the young couple will usually be concluded in the
final choice of spouse. In any case, they often have next to no time
to really get used to each other. For example the process in west
Sumatera Island Indonesia with specialist named Minangkabau.
Engagement
Maresek, is the first step of the pre-wedding process whereby a
member of the prospective bridegroom's family seeks the courtship of
the prospective bride, eventually leading to mutual agreement. The
planning and implementation of the wedding generally involves a
large number of the family members, especially on the bride's side.
It is customary for the female and her family to be involved in most
of the wedding plans, including making the marriage proposal, as the
Minangkabau culture is matrilineal. The father of the bride has no
say in the marriage proposal, as the decision is the prerogative of
the maternal family of the bride. The mother's family holds
negotiations with the groom's family and decides the terms for the
marriage.
Wedding Ceremony
Minangkabau weddings are an important part of the culture of the
people of the Minangkabau Highlands, and numerous costumes, houses
and related paraphernalia is reconstructed and displayed in local
museums in west Sumatera.The wedding itself usually entails several
ceremonies over a fortnight Costumes are highly elaborate
Minangkabau whose weddings are conducted in a religion other than
Islam are no longer considered Muslim.
Marriage
After marriage, the bride does not go to the groom's house but stays
at her mother's home. The husband shifts to his wife's house with
all his possessions to prove that he is man of substance. The groom
normally brings his own bed, chairs, and other necessities of
comfort for his stay with his wife in her room and in her family
house. However, as per community custom, he stays with his sister
even after marriage and visits his wife's house only at night. Since
women control every aspect of family life among the Minangkabau
community, after marriage men prefer to go outside the country or
outside their village or town in search of greater opportunities for
personal advancement. If they stay at home, they are looked down
upon as weak, docile, and lacking aggressiveness. However, with
changing times and with modernization providing men more
opportunities outside their home or even country, many men prefer to
go out. It is also now a practice that when men move out to cities
where their community is the dominant population, only symbolically
do they visit their mother's house to respect the matriarchal
customs of their society. Culturally, the Minangkabau maintain a
matrilineal society in which women have greater say in matters
related to inheritance, family and its upbringing than do men. The
children take the surname of their mother. Property is shared among
the sisters only.
Finding And Discussion
Based on the process of Marriage in conventional societies and
in Islamic country, there are process in Islamic country
generally not Islamic, however still using some Islamic point
in their process. It is so different with conventional
societies in terms of Akad (Contract) between couple which is
using certificate and have to report to Civil Marriage.
The crucial points which have to discuss is the process of
marriage in Indonesia especially in West Sumatera famously
named Minangkabau. In this societies they using matrilineal
system, or the women ask proposal to men for marriage, and
based on the system in societies the man will be staying at
women’s house. And the important things the person who stay at
house is women, because all the men or their brother should go
out from the house.
The process of Marriage in Indonesia especially in west
Sumatera is similarly with Indo-Pak process interms of
proposal asked by Women, it was caused by the Hind and Buddha
culture that already exist long time before Islam come and
separate their da’wah. In another hand, the process of
Marriage in north Sumatera famously named by Batak or some
called Mandailing, Naturally the culture is slightly same, the
process in this culture is mostly used Islamic points,
although still any point not Islamic.
,
Conclusions
Family is a matter of social and public interest. Most changes
introduced in the regulation of marriage in the latest decades
did not contribute to the well-being of the family. We must be
honest and admit that family is not healthier now than before
the admittance of non-fault divorce, the recognition of civil
effects to almost all kind of unions, and, shortly, the
weakening of marriage.
Certainly, there have been great social changes. Nevertheless,
public powers have also a responsibility on this issue. They
should foster the welfare of the family by promoting means
such as mediation or counseling, easing conciliation of family
and work, instead of developing fast ways to solve problems
that, in fact, become higher.
Some process of Marriages is not Islamic, but still find some
points using Islamic Process, and every culture has their
point of view, why their culture still exist until now, for
example the reason matrilineal culture in west Sumatera is to
protect the wealth heritage and that culture believe for the
person who will be take care their parents is the daughter.
Generally Indonesian culture already be Islamize from the Hind
and Buddha culture for instance the culture in north Sumatera
that familiar named Batak, this culture is opposite of
Minangkabau culture, and it is generally same as like as
Islamic ask in religion.
Batak ( North Sumatera ) costume.
References
1) An-Na’im, Abdullah A. Islamic Family Law in a Changing World. 11
October 2002
2) Blackwood, Evelyn. Webs of Power:Women, Kin, and Community in a
Sumatran Village. 2000
3) Monger,George. Marriage Customs of the world: From Henna to
Honeymoons. 30 November 2004
4) Jones,Gavin W.,Chee,Heng Leng, Mohammad, Maznah. Muslim-Non-
Muslim Marriage:Political and Cultural Contestation in Southeast
Asia. 1 June 2009