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Recordings › Can a Nikah with a Non-Muslim be valid? - Mufti Abu Layth Al-Maliki · 10 May 2019 › Segment 4 of 9

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Did Islam invent marriage?

hadeeth ahadith ahaadeeth hadis hadees ahaadith saheeh sahih hadith saheeh hadith sound hadith authentic imam bukhari sahih bukhari saheeh al-bukhari saheeh bukhari imam al-bukhari muftis nikkah nikaah nikah nama nikahnama

Aisha's hadith on the four kinds of marriage before Islam

LessonRecorded 10 May 2019Segment 4 of 9 in the recording2019-05-10-S04

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This segment15:25 to 20:24 · 4 min 59 sGeneral teaching

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No: Aisha's hadith lists four kinds of pre-Islamic marriage, and the ordinary one of proposal and acceptance continued with Islam's approval.

In more detail

Mufti Abu Layth cites a hadith in Sahih al-Bukhari, Book of Nikah, number 5127, in which Aisha says marriage in the Jahiliyyah was of four kinds, one of which is the marriage people still practise today, proposal and acceptance. He says this shows that Islam did not introduce nikah but recognised an existing pre-Islamic practice. He describes, with much joking, the other kinds in the report: a group of fewer than ten men visiting one woman who then names the father, another kind he mentions only briefly, and women who hung flags at their doors, whose children's paternity was decided by an expert in physical resemblance. He concludes that the form that continued was the ordinary one that Islam allowed.

Position stated

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Mufti Abu Layth says Aisha's hadith shows that Islam never introduced nikah but recognised a practice already present before Islam.

In his words

“it shows us that Islam never introduced Mika he never introduced these things these were practices from jahiliyya”

Category: historical claim

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Transcript

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14:47

one that actually said you know that he has kind of like and they had a system that somebody could offer protection and she said well he has my protection nobody should harm him and he wasn't harmed so there's a lot of different rulings people extract from that but the point is that the Anika was still valid and that's important to understand why that shows that even though they weren't Muslim even though the conditions were being met but then Nika was still a valid Nika how else do we know that this is is valid you see there's a hadith in

15:25

vihari people the it's incredible Nika and it's from eyeshadow the lonja who says that Anamika feel jahiliyyah can allow her body and her that it's hadith number 5 1 to 7 in katha Bonica that she says that Nika in jahiliya times was of four categories and then she begins by saying Faneca min her and one of the knickers

16:03

from amongst those four was Nick Ivana's a young is the Naqada people today are still upon so this hadith is really interesting why because it shows us that Islam never introduced Mika he never introduced these things these were practices from jahiliyya the from pre Islam the practices were already there so she says one of the 4 new cars of jahiliyyah is that which people still are still upon today meaning that you go when you proposed and and the other person accepts and so on and that was that one of the Nika the other type seemed to be really

16:42

interesting one was that Nick on our car gives the meal rot that a group of people a gang of guys less than 10 would get together and they're all cooked all enter upon a woman this is why it says I'm not making this up this was one of the jahiliyyah type of and if she got pregnant and gave birth were morally Earl in Barton Tamla are selectively him fellow mr.

17:17

Raj aluminum and him Tony and if she gave birth she would then summon them and they had to all attend it's like the usual suspects they all back now it's like I mean the first time they did they were all like hmm and now that there's a child involved they're like it's the same crew this is the old sober this time right so and then she says cut the rough to melody can i mean i'm murican she says that and the woman would say that you know you know what's happened what you guys have done and now that

17:56

I've given birth and then she would just say to any one of them he's your son and that's he and the guy had no choice if he was from that gang so this was the kind of Elvis not to the kind of gang bang version of but that's that's what it says he's it says that in the right I'm not making that up look it says only right so sir if so that's one type of jahiliyya another type was yes tell me

18:30

unnatural Kathy but this she says were but that was actually the decent women they weren't like kind of prostitutes or anything she says the fourth category was one of women that were prostitutes and they used to have these flags hanging out shut it doors right so so whoever that was the clear symbol that if you that it's all game it's hunting season so whoever wanted could just go and if she got pregnant she would just get them together then she would call a kind of

19:09

specialist that would try to figure out through who kind of resembles so they used to call him to offer these kind of people that would they were really good at seeing things like if the fingers or the the feet or the you know maybe the eyes they resemble a certain person he would that would be an expert he would be like the forensic he would like come in like well well well there's been quite a scene here but that's the kind of job you want as a career that you are

19:45

you being called in but that oh oh you just busy as with the earlier crew you just part of the Royal Rumble I'm going to work today you put on your gown I'm just walking through the streets this is like it's a difficult life this is difficult job but somebody's got to do it the cigar in your mouth anyway people so these were the different kinds of nikka that existed in jure hylia but the one that carried on was the normal one that where

Paragraphs overlapping 15:25 to 20:24. Full text on the recording page.

Cite this segment

Stable id, transcript version and tier are part of the citation. Every change to a transcript is logged.

Mufti Abu Layth Archive, segment 2019-05-10-S04, auto-transcribed, may contain errors. https://muftiabulayth.org/r/c8fjy8mcezm/s/4/ (accessed 1 November 2026)

APA 7
Mufti Abu Layth. (2019, May 10). Did Islam invent marriage? [Video, segment 2019-05-10-S04, auto-transcribed, may contain errors]. Mufti Abu Layth Archive. Retrieved November 1, 2026, from https://muftiabulayth.org/r/c8fjy8mcezm/s/4/
Chicago author-date
Mufti Abu Layth. 2019. "Did Islam invent marriage?" Video, segment 2019-05-10-S04, auto-transcribed, may contain errors. Mufti Abu Layth Archive. Recorded May 10, 2019. Accessed November 1, 2026. https://muftiabulayth.org/r/c8fjy8mcezm/s/4/
BibTeX
@misc{abulayth-2019-05-10-S04,
  author = {Mufti Abu Layth},
  title = {{Did Islam invent marriage?}},
  year = {2019},
  month = {5},
  date = {2019-05-10},
  howpublished = {\url{https://muftiabulayth.org/r/c8fjy8mcezm/s/4/}},
  url = {https://muftiabulayth.org/r/c8fjy8mcezm/s/4/},
  organization = {Mufti Abu Layth Archive},
  urldate = {2026-11-01},
  note = {Segment 2019-05-10-S04, auto-transcribed, may contain errors}
}
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