madeenahsh
06-18-2005, 07:30 AM
Asallam aleikum warahmtullahi Wabarakatuh
The Following are authentic proofs. I have taken most of them from the book 'Saheeh Al Jaami' As Sagheer wa Ziyaadatuhu' by the scholar, the Muhadith of our age, Muhammad Naasir ud Deen Al Albaanee. Two of the proofs were taken from It'haaf Al Karaam Ta'leeq Alaa Buloogh Al Maraam by Shaykh Safee Ar-Rahmaan Al Mubaarakfooree.{The one who wrote Raheeq Al Makhtoom} Note that I am using the new edition of Saheeh Al Jaami', so the numbering of the Ahaadeeth is not the same as those from the old version. You can refer to the Tarteeb of Shaykh Zuhayr Shaaweesh to the new edition InshaAllaah.
Here is what was easy for me to compile as proofs for the points I mentioned earlier:
1. THE MUTUAL AGREEMENT
"A Woman is not married until she is consulted, and a virgin is not married until you have her permission." They said, "O messenger of Allaah! And how do obtain her permission? He(Sallallaahu Alay hi Wa Sallam) said: "If she is silent." (An taskuta)
[reported by Abu Hurayrah (r)] [Bukhaaree, Muslim, Abu Daawood, and an-Nisaa'ee]
Shaykh Al Albaanee reports it in Mukhtasar Saheeh Muslim no. 602
He makes the takhreej of it in Irwaa Al Ghaleel no. 1727
He declares it authentic in Saheeh Al Jaami' vol. 2, no. 7470
2. THE WALEE
"There is no nikaah, except with a Walee." (Laa nikah illaa bi walee)
[reported by Ibn Abbas (r)] [Ahmad, Abu Daawood, an-Nisaa'ee, At-Tirmidthi, it was authenticated by Imaam Al Haakim - this particular chain is from Abi Moosaa] [It comes from another authentic chain in Ibn Maajah from Ibn Abbaas (r)]
Shaykh Al Albaanee makes the takhreej of it in Irwaa Al Ghaleel no. 1839
He decalares it authentic in Saheeh Al Jaami' vol. 2, no. 7555
NOTE: So both chains are authentic.
b. "There is no marriage except with a Walee, and the Sultaan is the Walee for whomever there is no Walee."
[reported by Aa'ishah(r)] [Ahmad, Ibn Maajah]
Shaykh Al Albaanee declares it authentic in Saheeh Al Jaami' vol. 2, no. 7556.
3. THE WITNESSES
"There is no marriage except with a Walee, and trustworthy witnesses." (Wa Shaahidee 'Adl)
[reported by Umraan, and Aa'ishah(r)] [Bayhaqee]
Shaykh Al Albaanee makes the takhreej of it in Irwaa Al Ghaleel no.'s 1839, 1858, 1860
He declares it authentic in Saheeh Al Jaami' vol. 2, no. 7557
b. "There is no marriage except with a Walee, and two witnesses."
[reported by Abi Moosaa] [At-Tabaraani in Al Kabeer]
Shaykh Al Albaanee makes the takhreej for it in Irwaa Al Ghaleel no. 1839, 1858.
He declares it authentic in Saheeh Al Jaami' vol. 2, no. 7558.
4. THE CONTRACT
In It'haaf Al Karaam, I found the following:
(1018) And from Mu'aawiyah ibn Hakeem from his father that he said, "I said, 'O Messenger of Allaah(Sallallaahu Alayhi Wa Sallam), What is the right that one of our wives has over us?' So he said, 'Feed her when you eat, clothe her when you wear clothes, and do not strike her on the face, and do not revile her or make hijrah from her, except in the house.'
[recorded by Ahmad, and Abu Daawood, and Nisaa'ee, and Ibn Maajah, and Bukhaaree with some parts of it being Mu'allaq, and it was authenticated by Ibn Hibbaan, and Imaam Al Haakim] Shaykh Mubaarakfooree also considers it to be Saheeh. It can be found on p. 304 of It'haaf Al Karaam.
5. THE DOWRY
"The best dowry is the most easy."
[reported by 'Uqbah Ibn Aamir] [Abu Daawood, Ibn Maajah, it was authenticated by Imaam Al Haakim]
Shaykh Al Albaanee makes the Takhreej for it in Irwaa Al Ghaleel no. 1923
He declares it authentic in Saheeh Al Jaami' Vol. 2, 3279
The following is taken from It'haaf Al Karaam p. 307:
Chapter: The Dowry
(1027) From Anas(r) from the Prophet (Sallallaahu Alayhi Wa Sallam) that he freed Safiyyah, and made her manumittance, her dowry. [Agreed Upon] Shaykh Mubaarakfooree mentions that there are some Fiqh differences among the scholars regarding manumittance as a dowry, but the overall presence of a dowry in marriage can be established from this authentic Hadeeth in general. And Verily Our Lord The Most High Knows Best.
Replymab3901
06-19-2005, 02:09 PM
:sl: , Maarshallah that was turely lovely. Allhamduillahi i am married and my marriage was purle for deen and Allah the almighty has blessed us both with happiness.... :)
Replymadeenahsh
07-13-2006, 12:15 PM
walykum sallam warahmatullaahi wabarakatuh
Waiyakum
wasallam alykum
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