Islamic marital jurisprudence
In Islamic law (sharia), marriage (nikāḥ نکاح) is a legal and social contract between two individuals.
[11] This form of marriage was outlawed by Islam, and traditional jurisprudence requires that any man and woman be married prior to sexual intercourse.
[12] Nikah Istibdaa is a marriage ( نکاح استبضاع) in which a husband would send his wife to another person, usually of noble lineage, to have sexual relations with him.
A declaration of the intent to marry and an acceptance of the terms are required as in other forms of marriage in Islam.
[24] According to Shia Muslims, Muhammad sanctioned nikah mut'ah (fixed-term marriage, called muta'a in Iraq and sigheh in Iran), which has instead been used as a legitimizing cover for sex workers in a culture where prostitution is otherwise forbidden.
[30] Interfaith marriages are recognized between Muslims and Non-Muslim People of the Book (usually enumerated as Jews, Christians, and Sabians).
[31] Historically, in Islamic culture and traditional Islamic law Muslim women have been forbidden from marrying Christian or Jewish men, whereas Muslim men have been permitted to marry Christian or Jewish women.
[32][33] Although historically Sunni Islam prohibited Muslim women to marry Non-Muslim men in interfaith marriages, in various parts of the world interfaith marriages between Muslim women and Non-Muslim men take place at substantial rates, contravening the traditional Sunni understanding of ijma.
Sahih Muslim permits marriage once a person reaches sexual maturity (i.e.: menstruation, voice changing, wet dreams) (baligh).
[citation needed] Sexual maturity in Sharia law is typically understood to mean puberty.
The Qur'an explicitly allows Muslim men to marry chaste women of the People of the Book, a term which includes Jews and Christians.
If a girl has not attained the age of puberty, the vast majority of scholars hold that she cannot be married; and many stipulate that it must be in her best interest in order to be considered a valid marriage.
[Al-Bukhari:6455, Muslim & Others] It is reported in a hadith that A'ishah related that she once asked the Prophet: "In the case of a young girl whose parents marry her off, should her permission be sought or not?"
Although the gift is often money, it can be anything agreed upon by bride and groom such as a house or viable business that is put in her name and can be run and owned entirely by her if she chooses.
A Muslim marriage is not a sacrament, but a simple, legal agreement in which either partner is free to include conditions.
Therefore, Sunnis will likely accept the hadith of Muhammad al-Bukhari, while Shia will have their own collections, for example Furu al-Kafi, thus producing different procedures.
It is a strong sunnah (the repetition of an action of Muhammad) and it is recommended to be held the earliest possible day after the Nikah.
The wife has the right to live in separate accommodation with her husband and children, if she does not want to share it with anyone like her in-law or relatives.
While most traditions discourage celibacy, all encourage strict chastity and modesty (see haya) with regards to any relationships across gender lines, holding forth that intimacy as perceived within Islam (encompassing a swath of life more broad than strictly sex) is to be reserved for marriage.
Specific occasions (most notably daytime fasting (see sawm) and menstruation) are times forbidden for intercourse, though not for other ways of touching and being close to one another.
Islam has an open and playful approach to sex[44][45] so long as it is within marriage, free of lewdness, fornication and adultery.
