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The marriage contract
29 segments in 16 recordings · 2016 to 2022 · 0 verified · 22 checked positions · fiqh/marriage-contracts · Feed
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Click a year to jump to itLatest answer · 10 Dec 2022
10 Dec 2022video
LatestHow did Abu Hanifa solve the case of two brides sent to the wrong grooms?
Where Sufyan al-Thawri advised divorces, a waiting period and remarriage to the original spouses, Abu Hanifa had each man marry on the spot the woman he had spent the night with, sparing a waiting period and jealousy.
machine9 min 12 s32:42on YouTube
Earlier answers · 28 · newest first
2021 · 1
13 Apr 2021Monday Nights with Mufti Abu Layth
Is child marriage legal in Western countries?
No: Mufti Abu Layth says Western ages of consent cluster around sixteen and do not allow an adult with a child, and imams should condemn child marriage with one voice.
machine3 min 57 s2:01:53on YouTube
2020 · 5
22 Sep 2020Monday Nights with Mufti Abu Layth
Can a Muslim woman marry a non-Muslim man?
Mufti Abu Layth holds that such a nikah would be valid, though not meeting every condition, but advises couples to think hard because faith often becomes a conflict once children arrive.
machine9 min 39 s1:05:38on YouTube
24 Aug 2020Monday Nights with Mufti Abu Layth
Is a secret nikah allowed?
A secret nikah that deceives the woman is exploitation he condemns, but a low-commitment marriage both adults openly agree to is, he says, permissible.
machine3 min 51 s2:23:11on YouTube
19 Apr 2020MindTrap with Mufti Abu Layth
Can a past relationship or an accidental touch make my spouse haram for me?
Mufti Abu Layth says Hanafi fatwas of hurmat al-musahara that dissolve marriages over a premarital relationship with an in-law or an accidental touch destroy families, and that the Maliki school does not hold the ruling.
machine6 min 30 s1:07:01on YouTube
19 Apr 2020MindTrap with Mufti Abu Layth
Is a marriage between a Muslim and a non-Muslim valid?
Mufti Abu Layth says he holds that a nikah between a Muslim and a non-Muslim would be valid, especially for converts whose spouses remain non-Muslim; both say quoting recorded minority views gets them accused of opening Pandora's box.
machine5 min 13 s1:23:10on YouTube
8 Mar 2020From the Mind of a Mufti
Did the Prophet marry his cousin?
Mufti Abu Layth says the Prophet's marriage to Zaynab bint Jahsh, a relative only through her mother, is unlike families where everyone marries cousins; he also says marriage without a wali is valid.
machine3 min 37 s2:16on YouTube
2019 · 11
4 Nov 2019From the Mind of a Mufti
Is mut'ah (temporary marriage) haram?
Mut'ah is not haram in his understanding: the reports prohibiting it are contradictory and it is very hard to prove haram. Nobody is obliged to do it, and much of the hostility to it is anti-Shia sentiment.
machine8 min 47 s0:03on YouTube
2 Aug 2019From the Mind of a Mufti
How did classical scholars treat intersex people (khuntha) and their right to marry?
Classical scholars ruled that a khuntha, an intersex person, can neither marry nor be married, which Mufti Abu Layth calls cruel, absurd and a failure of scholarship to give a truly Islamic answer.
machine6 min 30 s5:12on YouTube
25 Jul 2019Ponderings on the Holy Quran
Did Imam Malik allow marriage to be consummated with a girl who was not yet nubile?
No: Mufti Abu Layth says Imam Malik's fatwa was clear that sexual relations with a wife are haram unless she is nubile. Scholars who read 65:4 to include girls were men influenced by the patriarchy of their age and were wrong, while others such as Ibn Ashur, al-Samarqandi, Abu Hayyan and al-Alusi did not read it so.
machine2 min 39 s27:19on YouTube
10 May 2019video
I converted to Islam but my husband didn't. Do I have to leave him?
No: he agrees with scholars such as Abdullah bin Bayyah that a convert wife may stay with her non-Muslim husband, and vice versa. Telling converts to leave their spouses is home-wrecking.
machine5 min 09 s1:18on YouTube
10 May 2019video
What does the word nikah actually mean?
Linguistically nikah means sex; technically it is the marriage contract, a relationship of exclusivity with mutual rights.
machine3 min 48 s5:09on YouTube
10 May 2019video
Do converts have to redo their marriage after becoming Muslim?
No: a non-Muslim marriage valid by its own rules is valid in Islam, and converts were never asked to repeat their nikah. The Prophet's daughter Zaynab and her husband are an example.
machine6 min 28 s8:57on YouTube
10 May 2019video
Did Islam invent marriage?
No: Aisha's hadith lists four kinds of pre-Islamic marriage, and the ordinary one of proposal and acceptance continued with Islam's approval.
machine4 min 59 s15:25on YouTube
10 May 2019video
Which verses forbid or allow marrying non-Muslims?
Al-Baqarah 221 and the verse on the emigrant women are cited against intermarriage, while al-Ma'idah 5 allows marrying Christian and Jewish women. Imam Malik disliked it because a husband may not stop his Christian wife bringing pork and wine home.
machine6 min 53 s20:24on YouTube
10 May 2019video
Did any early scholars allow marrying Zoroastrians or idol worshippers?
Yes: some companions and early scholars allowed relations with Zoroastrian and even idol-worshipping women. Same-faith marriage was stressed because early Islam needed stable Muslim families, and it remains strongly encouraged.
machine5 min 46 s27:17on YouTube
10 May 2019video
Does Quran 60:10 mean a marriage to a non-Muslim is automatically void?
No: Umar divorced his non-Muslim wives after the verse came down, which shows their marriages had been valid. The verse on the emigrant women was specific to the Hudaybiyya context.
machine3 min 56 s33:03on YouTube
10 May 2019video
Is a marriage between a Muslim and a non-Muslim valid?
Yes, it would be valid, but it is discouraged: Islam strongly encourages marrying within the faith so children are not raised amid conflict. Validity is not the same as being a good choice.
machine6 min 33 s40:48on YouTube
2018 · 8
30 Aug 2018BukhariGate: Issues with Sahih al-Bukhari
The marriage to Aisha at six: consent, and the command to pray at seven
The report that the Prophet married Aisha at six dishonours him: Bukhari itself requires a virgin's consent, which a six-year-old cannot give, and the command to separate children's beds at ten contradicts the claim that a nine-year-old had a woman's body.
machine7 min 52 s36:02on YouTube
5 Mar 2018On Love, Romance, and Relationships
Does an exclusive boyfriend-girlfriend relationship count as a nikah?
Mufti Abu Layth does not endorse the idea but calls it a good question that the ulama should discuss. He says the past had simple marriage, unstigmatised divorce and other accepted outlets, whereas Muslims today have only a culturally dramatised, expensive nikah.
machine2 min 37 s10:25on YouTube
5 Mar 2018On Love, Romance, and Relationships
Should I register my nikah as a civil marriage?
Mufti Abu Layth is not sure civil registration is the answer, because he objects to needing the state's permission to leave a relationship. He accepts the financial arguments on both sides, the man's fear of losing half his property and the woman's risk of being left with nothing.
machine5 min 08 s15:37on YouTube
5 Mar 2018On Love, Romance, and Relationships
What should a couple agree before marriage about registering and money?
Have an open conversation before marriage about registration and finances, and if the marriage is not registered the woman should keep her own work, income and property. Saying a woman may not work is cultural and backward, not Islam.
machine3 min 56 s18:10on YouTube
5 Mar 2018On Love, Romance, and Relationships
Rapid-round replies: steroids, state control and prenuptial agreements
Steroids are a matter of legality rather than theology, prenuptial agreements are not legally binding in the UK, and Mufti Abu Layth says he is against state control and favours a hands-off approach to governing.
machine1 min 54 s22:06on YouTube
28 Feb 2018Responding to Refutations
Are witnesses required for a nikah in the Maliki school?
In the Maliki school witnesses are not needed for the nikah to be valid; witnesses or an announcement are needed before consummation. Hamza Maqbool's tweet said Mufti Abu Layth does not represent the school.
machine3 min 54 s5:06on YouTube
28 Feb 2018Responding to Refutations
What do the classical Maliki books say about witnesses in a marriage?
The Maliki authorities he reads hold that a marriage without witnesses is valid unless it is meant to be secret; witnesses or an announcement are required before consummation.
machine9 min 11 s9:00on YouTube
21 Feb 2018On the Prophet Muhammad ﷺ
When and how did Safiyya actually marry the Prophet?
She embraced Islam in the months after Khaybar, became interested in the Prophet herself and married him with her consent, not on the night of the battle. Abu Hurayra reported that nothing was taken from Khaybar but clothing, cattle and sheep.
machine2 min 38 s32:35on YouTube
2017 · 2
11 Jan 2017Mothers of the Believers: The Wives of the Blessed Prophet ﷺ
The ramifications: jurists on marrying a minor, and the conclusion
Aisha was in her late teens, most likely eighteen or nineteen, Mufti Abu Layth concludes. Jurists from early on held marriage impermissible with a girl incapable of it, and the Ottomans set a minimum age of fifteen.
machine11 min 49 s1:02:49on YouTube
11 Jan 2017Mothers of the Believers: The Wives of the Blessed Prophet ﷺ
Why did jurists like Imam Malik let a father marry off his young daughter without her consent?
Marrying off an underage girl is impermissible today. Imam Malik's exception was a contract only, without intimacy, tied to welfare in his own circumstances and not based on a clear verse or report.
machine9 min 07 s2:00:23on YouTube
2016 · 1
21 Dec 2016video
Abu Hanifa and Sufyan al-Thawri on the swapped brides of Kufa
Abu Hanifa's creative answer to two brides sent to the wrong grooms, outshining Sufyan al-Thawri's ruling, shows the scholars were never dull.
machine9 min 32 s45:14on YouTube