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06-May-2020 05:00
There is some dispute as to whether or not an under-age bride can leave her family's custody and be transferred to her husband's custody, if she has not yet reached puberty.Some evidence supporting both sides can be seen in the following narrations from Muhammad: Sahih Bukhari Volume 7, Book 62, Number 65 Narrated 'Aisha: that the Prophet married her when she was six years old and he consummated his marriage when she was nine years old. According to Shia Hadith: Ali (r) said ‘Had Umar not banned Mut’ah then the only person to fornicate would have been a disgraceful person, since Mut’ah is easy, and one can attain the objective, there would have then been no need to indulge in haraam acts.It is clear that if Mut’ah’s abrogation was Sahih then Jabir would not have opposed Omar, and that if Islamic prophet outlawed it, the Companions would not have practiced it during the reign of Abu Bakr.And those of whom ye seek content (by marrying them), give unto them their portions as a duty. Nikāḥ Misyaar is a nikāḥ for Sunnis carried out via the normal contractual procedure, with the specificity that the husband and wife give up several rights by their own free will, such as living together, equal division of nights between wives in cases of polygamy, the wife's rights to housing, and maintenance money ("nafaqa"), and the husband's right of homekeeping, and access etc.And there is no sin for you in what ye do by mutual agreement after the duty (hath been done). The difference between this and Mut'ah is that Mut'ah has the condition of a definite time period.One of the main reasons for this would be the potential questioning of paternal lineage.
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Conversion is optional for the woman, but she is nonetheless charged with having a proper understanding of her respective faith as well as engaging in its true and thorough practise.If this requirement cannot be fulfilled, then he can only marry one woman.
