When Does Ghusl Become Obligatory?

 

Court Marriage

In Islam, the preferred method of marriage is that the parents or guardians arrange the match, and the marriage is conducted publicly with their consent.

Nowadays, many young men and women secretly marry without informing their parents, often through the courts, claiming to have had a "court marriage."

The ruling regarding a court marriage is that if, in the presence of witnesses, the proper offer (Ijab) and acceptance (Qubool) are not verbally exchanged and only court documents are signed, then the Nikah is not valid.

If, after merely completing legal paperwork, the couple lives together as husband and wife, it is considered unlawful, and any children born from such a relationship would not be considered legitimate under Islamic law.

According to the Hanafi jurists, if an adult woman marries someone who is not a suitable match (Kufu') without the permission of her guardian, the marriage is not valid. If she marries a suitable match and all the other conditions of Nikah are fulfilled, the marriage is valid. However, this method is still considered undesirable and contrary to proper Islamic etiquette.

In the present time, court marriages are generally used for marriages involving unsuitable matches; therefore, according to the common Hanafi ruling, such marriages are generally not regarded as valid.

Throwing Dates at a Wedding is Sunnah

At weddings, it is common for people to distribute dried dates by handing them individually to the guests.

However, the Sunnah method is to throw or scatter the dried dates among those attending the Nikah gathering rather than distributing them one by one.

Reference: Khairul Fatawa, 4/585

The Islamic Status of an Engagement

In Islamic law, an engagement is merely a promise. If no formal offer and acceptance take place during the engagement gathering and it is only an agreement to marry in the future, then it remains a promise.

Such a promise should be fulfilled unless there is a valid reason not to do so.

If a legitimate reason arises, the engagement may be broken.

Engagement Ceremonies and Feasts

In some places, engagement has become a formal ceremony where large numbers of relatives, friends, and neighbors are invited, and elaborate feasts similar to wedding banquets are arranged.

The reality of an engagement in Islam is simply that responsible members of both families agree upon the marriage proposal and decide matters such as the Mahr, wedding date, and departure of the bride. A simple meal is permissible, but organizing a formal feast and considering it a Sunnah is incorrect. Doing so with the belief that it is a Sunnah is regarded as an innovation (Bid'ah) and should be avoided.

Islam encourages simplicity on such occasions and discourages unnecessary extravagance. This brings blessings in both this world and the Hereafter.

Reference: Fatawa Usmani, 2/232

Marrying Someone Else After an Engagement

In some places, a complete Nikah is performed during what is called the engagement ceremony, with the offer and acceptance taking place before witnesses through the guardians if the bride and groom are minors.

In such a case, despite being called an engagement, a valid Nikah has already taken place and cannot simply be broken.

As long as that Nikah remains valid, another marriage cannot be contracted. Any subsequent marriage would be invalid.

If no formal offer and acceptance took place before witnesses during the engagement, then it remains only a promise of marriage, and if a valid reason exists, the engagement may be ended and marriage to someone else is permissible.

Returning Gifts Given at Engagement

If the groom's family gave gifts to the bride during the engagement, such as a watch, ring, household items, or food, and later the bride's family refused the proposal, any remaining items may be returned. However, items that have been consumed or destroyed cannot be recovered.

If the groom's family themselves withdrew from the proposal, they are not entitled to reclaim any of the gifts.

Taking Money from Either Family at the Time of Marriage

In some communities, the bride's family demands money from the groom before agreeing to the marriage. Nowadays, it is also common for the groom's family to demand money from the bride's family.

According to Mufti Mahmood Hasan (رحمه الله), if the money is given as a genuine loan with the consent of both parties, it is permissible. However, the marriage should not be used as pressure to obtain the loan.

If the money is demanded solely because of the marriage, then it is considered bribery, is unlawful, and must be returned.

Reference: Fatawa Mahmoodiyah

The Ruling on the Wedding Procession (Baraat)

The purpose of the wedding procession is to invite people to attend the Nikah ceremony.

This practice is established from the actions of the Prophet ﷺ and is permissible as long as it remains within the limits of Islamic law.

However, excessive display, showing off, pride, gathering unnecessarily large crowds, and extravagance are all contrary to Islamic teachings and must be avoided.

The Mahr Belongs Exclusively to the Wife

Whether the Mahr is in the form of cash, gold, silver, property, or any other asset, whether paid immediately or deferred, it belongs exclusively to the wife.

She has complete authority over it. Neither the husband's parents nor any relatives have any right over her Mahr.

Even the husband has no right to sell, use, or dispose of the Mahr without her permission.