The rising number of court marriage in the Pakistan is a serious concern and what the Islam tell about it?
Famous novelist and short story writer Ms. Moazzam Tanveer has written on Facebook that when some parents do not allow their older children to marry according to their wishes and impose their decisions on them, some resort to court marriage. They do and rebel against it. forced marriage He has expressed deep grief over the killing of a young couple from Gujranwala who had a court marriage because they were in love and their parents did not allow them to marry. Eventually they had to rebel and go to court. Forced marriage is prohibited in Quran. In Surah Nisa, the Qur'an says: "O you who believe! You forbid women to inherit against their will. Nor should you deal harshly with them." (4:19)
I am not criticizing anyone and have no intention of passing judgment on the heartbreaking incident that took place in Gujranwala. My simple reaction to this killing is deep condemnation and deep sadness.
Some people commenting on court marriage have allowed it and some have opposed court marriage. One person wrote that court marriage is un-Islamic. Therefore, I decided to give a brief opinion on this subject in the light of Islam. For the most part, traditional, reactionary scholars and fundamentalists reject any process that requires time. Because these fanatics do not understand the spirit of the times and ground realities and are oblivious to the importance of ijtihad, they have completely failed to implement and establish the universal and practical aspects of Islam. I have written a chapter on "Islam and Gender" in my book "The Message of Islam" and a chapter on "Women in Islam" in my other book "A Rational Study of Islam".
The first question that arises from this topic in detail is that if court marriage is un-Islamic, then why are these courts in an Islamic country? The constitution of Pakistan says that it is an Islamic state, and no law can be made that is against Islam. the second; We should know that according to the Qur'an, when a woman is divorced, we need two witnesses. We do not need any witness in case of marriage. Marriage is a social contract between a man and a woman. There is no mention of marriage witnesses in the Qur'an. Marriage contracts and registration with witnesses are requirements of our social and state law. These are not Islamic requirements.
The purpose of Walimah (wedding feast) is only to publicize the marriage and include your near and dear ones in your happiness. Walima is not obligatory. This is the act of God. Its sole purpose is to invite people to share in its joy and happiness. Not more than that. If one cannot afford the joy of marriage, there is no religious obligation to celebrate it.
If a girl/woman freely declares her acceptance of a boy/person as her husband three times, it is a legal and Islamic marriage. Islam allows having concubines and having sex with them even without marriage. In a court marriage, the couple declares marriage and signs marriage papers according to Islamic law. How can we say that court marriage is un-Islamic? According to the Quran, extramarital relations are strictly prohibited. Cannot have sex with a married woman. A very serious question is whether a man can enter into marriage with an unmarried girl/woman.
According to the Quran, anyone can have sexual relations with concubines without marriage. There is a difference between a salve lady and a free lady. The Qur'an encourages them to marry concubines/concubines as well as to honor them and protect their future. There is a verse in the Quran about the necessity of marriage. The Holy Prophet (peace and blessings of Allah be upon him) also said that marriage is my Sunnah and he who does not marry is not with me. I want to clarify that marriage in Islam is only a personal contract between a man and a woman. No witnesses or registration required. It is freely accepting each other as husband and wife. A woman says: "I gladly accept you as my husband and offer myself as your wife."
. The man says: "I accept you as my wife". This is a simple Islamic wedding. "Mullahs" (priests) need not be invited to approve or approve marriage contracts. Everyone can read words in their mother tongue. No need to read Arabic words. Is sex forbidden for divorcees and widows? This question is often asked. In my opinion, these women should be married in the same way as our Prophet (peace and blessings of Allah be upon him) married a divorced woman and other widows. It was a good deed. It was to honor and protect such neglected women. In our society, divorcees and widows often do not get a chance to remarry. The reason for this is our inhumane and un-Islamic culture.
Marrying such women is a great piety and virtue. If some of them do not get the opportunity to remarry, does it mean that they are denied sex for the rest of their lives or deprived of this natural impulse? Absolutely not. If official registration and a public marriage with two witnesses is not possible for such women, Islam allows them to take the oath of marriage individually recognizing each other as spouses. This is an Islamically sanctioned marriage. Islamic marriage is not more than that.
This is not adultery. It is illegal, inhumane and un-Islamic to kill a couple after getting married in court. Under these circumstances, I believe that forced marriages are illegal, inhuman and un-Islamic. If some parents do not allow their children to marry of their choice, their court marriage is strictly Islamic.
Islam has a unique version of accepting a life partner with the agreement of both the families. It shows that Islam has no burden on this matter.
In short, you can take any query about your life in which your are facing any difficulty, Islam will guide you properly. This is the beauty of Islam.