CHAPTER I

INTRODUCTION

A. Background

Humans are creatures that have an instinct or desire in themselves. Marriage is

one of the instincts and obligations of a human being. Indeed, Islam has provided
guidance to adherents who will enter the marriage stage, complete with the
procedures or rules of Allah. So those who are classified as worship experts, will
not choose other procedures. But in our society, this is not widely known. Getting
married is an order from Allah. As the following proposition:

"And Allah made for you a partner (husband or wife) of your own kind and made
children and grandchildren for you from your spouse, and gave you good fortune.
Why do they believe in the ignorant and deny the favor of Allah?" (An-Nahl: 72).
As for Islam marriage itself has its own procedures, conditions, goals,
laws, and wisdom. Based on the proposition below is one of the objectives of
marriage:

ِ ‫ت فِي النِّ َك‬

‫اح‬ ُّ ‫فَصْ ُل َما بَ ْينَ ْال َحالَ ِل َو ْال َح َر ِام ال ُّد‬
ُ ْ‫ف َوالصَّو‬

"The division between what is halal and what is unlawful is duff and shaut (voice)
in marriage." (HR. An-Nasa`i no. 3369, Ibn Majah no. 1896. Celebrated by Al-
Imam Al-Albani rahimahullahu in Al-Irwa `no. 1994)
Based on the above arguments clearly God Almighty. Has arranged such a
matter regarding marriage. The perfection of the revelations revealed by Allah
SWT. It has been perfected by interpreters by issuing a proposition that can clarify
marriage without changing the conditions set by Allah.

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B. Formulation of the Problem

1. What is marriage?
2. What are the requirements and principles of marriage?
3. What are the particular descriptions in marriage?

C. The Purposes

1. To find out what marriage is.

2. To reveal the requirements and principles of marriage.
3. To find out the particular descriptions in marriage.

D. The Benefits of the Paper

The benefits of this paper are:

1. The reader can understand the meaning of marriage.
2. The reader can know the process of Islamic marriage.
3. The reader can know the purpose and wisdom of a true Islamic marriage.

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 CHAPTER II

DISCUSSION

A. Introduction of Marriage

Marriage or involvement means that the language is united and put together. In
other words, it can also mean a marriage contract (Ijab Qobul) which legalizes the
relationship between a man and a woman who is not a foreigner and thus
enhances the rights and obligations of both of them to be spoken in words,
according to the rules required by Islam . The word zawaj which is used in the
Koran means a couple which in its use can also be interpreted as marriage, Allah
makes a male partner, legalizes marriage and prohibits adultery.
1. Legal basis of marriage
As with other worship services, marriage has a legal basis which makes it
recommended to be carried out by Muslims. The legal basis for marriage based on
the Qur'an and the Hadith are as follows:
 O people! be careful of (your duty to) your Lord, Who created you from a
single being and created its mate of the same (kind) and spread from these
two, many men and women; and be careful of (your duty to) Allah, by
Whom you demand one of another (your rights), and (to) the ties of
relationship; surely Allah ever watches over you. (QS. An-Nisaa ': 1)
 And marry those among you who are single and those who are fit among
your male slaves and your female slaves; if they are needy, Allah will
make them free from want out of His grace; and Allah is Ample-giving,
Knowing. (QS. An-Nuur: 32)
 And one of His signs is that He created mates for you from yourselves that
you may find rest in them, and He put between you love and compassion;
most surely there are signs in this for a people who reflect. (Q.S. Ar-
Ruum: 21)
2. Law of marriage
According to most scholars, the law of origin is marriage, which means it can be
done or not. When it is finished, it does not get merit, and if that happens it does
not get sin. But I personally think that because the Prophet Muhammad (peace and

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blessings be upon him) did it, it could also mean that the marriage was carried out
in accordance with the deeds performed by him. However, the law of marriage
can be changed to sunnah, mandatory, even illegal, depending on the
circumstances of the person who is married.
a. Sunnah
The marriage law will be changed to sunnah if the person who wants to get
married can be physically, spiritually, mentally or metrically married and can
survive adultery even if he does not get married soon. As the Prophet said:
"Young men, if any of you have the ability to get married, then let him
marry, because marriage can keep one's eyes open and can maintain sex
(honor); and anyone who cannot marry, let him fast, because fasting is its
keeper. "(Narrated by Bukhari Muslim)
b. Wajib (an obligation)
Marriage law becomes an obligation, if the person who wants to do the
marriage wants to get married, is able to get married in terms of physical,
spiritual, mental, and material readiness and he is worried that if he does not
get married soon he is worried about adultery. Then marriage becomes an
obligation for him.
c. Makruh
Marriage law becomes makruh if the person who is going to do the marriage
has not been able in one of the physical, spiritual, mental and material things in
providing for his family later.
d. Haram
The law of marriage will turn to be haram if the person who wants to do the
marriage intends to hurt one of the parties in the marriage, both physically,
spiritually and physically.

B. Requirements and Principles of Marriage

Marriage in Islam has several conditions and harmony that must be fulfilled so
that the marriage is legally valid in the eyes of religion, both legally and siri
marriage. The following are the terms of a marriage contract and harmony that
must be fulfilled in a marriage, for example a marriage without a guardian or
consent granted by law is invalid.

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1. Pillar of marriage
Marriage harmony is something that must be present in the implementation of
marriage, including:
a. The bride and groom candidates
b. The guardian of the bride
c. Two witnesses
d. The sighat marriage consent granted by the guardian of the woman and
answered by the prospective bridegroom.
2. Marriage conditions
The requirements for each pillar are:
a. Prospective husband with the following conditions
 Muslim
 Male sex
 There is a person or a clear identity
 Agree to get married
 Do not have obstacles to get married
b. Wife-to-be with conditions
 Muslim (some say the bride may have Christianity or jewish)
 Female sex
 There is a person or a clear identity
 Agree to get married
 Not prevented from getting married
c. Marriage guardian with the conditions of a marriage guardian as follows
 Man
 Adult
 Have custody of the bride
 Fair
 Muslim
 Healthy Mind
 Not on pilgrimage or Umrah
d. Marriage witnesses in marriage must fulfill the following conditions;
 It must consist of at least two men

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  Present in the process of consent qabul
 Understand the meaning of the marriage contract
 Religion of Islam
 Fair
 Adult
e. Qobul consent with the conditions, must meet the following conditions:
 Performed in a language that is easily understood by both parties by
the contractor and the aqad recipient and witness. The words of the
marriage contract must also be clear and can be heard by witnesses.
The fiqh of marriage or munakahat is one of the sciences that must be studied
and known to Muslims in general so that marriage can proceed according to the
guidance of religious law and avoid things that can cancel a marriage.

C. Particular Descriptions of Marriage

1. Marriage objectives
a. To meet the demands of basic human instincts      
Marriage is human nature, so the legal way to meet this need is by 'aqad
marriage (through marriage), not in a very dirty and disgusting way, like the
way people are now; by dating, cohabiting, prostitution, adultery, lesbi,
homosexual, etc. that have been distorted and forbidden by Islam.
b. To fortify the noble morals and to lower the view      
The main target of the disyari'atkannya marriage in Islam, among others, is
to fortify human dignity from dirty and abominable acts, which can degrade
and damage the dignity of noble human beings. Islam views marriage and
family formation as an effective means to nourish young men and women
from damage, and protect society from chaos.
c. To enforce islamic households      
In the Qur'an it is stated that Islam justifies the existence of thalaq
(divorce), if a husband and wife are no longer able to enforce the limits of
God, as the word of Allah 'Azza wa Jalla in the following verse:

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“Divorce may be (pronounced) twice, then keep (them) in good fellowship or
let (them) go with kindness; and it is not lawful for you to take any part of
what you have given them, unless both fear that they cannot keep within the
limits of Allah; then if you fear that they cannot keep within the limits of
Allah, there is no blame on them for what she gives up to become free
thereby. These are the limits of Allah, so do not exceed them and whoever
exceeds the limits of Allah these it is that are the unjust.” [Al- Baqarah: 229]
d. To increase worship to Allah      
According to the Islamic concept, life is entirely devoted to worshiping
and worshiping only Allah 'Azza wa Jalla and doing good to fellow human
beings. From this point of view, the household is one of the fertile ground for
worship and good deeds in addition to worship and other good deeds, even
relating to husband and wife including worship (alms)
e. To obtain the righteous descent      
Destination marriage among them is to obtain a righteous descendant, to
preserve and develop the descendants of Adam, as the word of Allah
Almighty:

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 “And Allah has made wives for you from among yourselves, and has given
you sons and grandchildren from your wives, and has given you of the good
things; is it then in the falsehood that they believe while it is in the favor of
Allah that they disbelieve?” [An- Nahl: 72]

2. Selection of future husband / wife    

a. Characteristics of future husband     

 believe in and fear Allah swt

 responsible for all things

 have good morals

 religious knowledge in order to be able to guide future wives and children

on the right path

 not severe disease like crazy, AIDS and so on

 diligently working for the good of the household such as finding halal
sustenance for family happiness

b. Characteristics of future wife      

 The woman is righteous         .
 The woman is fertile in her womb. Of course you can know by looking
at a married mother or sister        
 The woman is still a girl, with whom perfect closeness will be achieved
 Obey Allah and obey His Messenger        
 Obeying the husband and maintaining his honor when the husband is
present or absent as well as protecting her husband's property
 Keeping the five daily prayers
 Carrying out fasting during Ramadan
 Wearing the veil that covers all her nakedness and is not to show off
beauty (tabarruj) like a Jahiliyyah woman        
 Have good character        
 Always keep his word spoken        

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  Do not talk and be alone with men who are not mahram because the three
are devils
 Not accepting guests who are not liked by her husband
 Obey both parents in kindness
 Do good to neighbors in accordance with shari'ah        
c. Women who can not be married      
 A woman who is forbidden to marry by a man due to her offspring
(forbidden forever) and is explained in surah an-Nisa: verse 23 which
reads, “Forbidden to you are your mothers and your daughters and your
sisters and your paternal aunts and your maternal aunts and brothers'
daughters and sisters' daughters and your mothers that have suckled you
and your foster-sisters” :
o Mother
o Grandmother of both mother and father
o Daughter & offspring
o In-line sister or one father or one mother
o Daughters to brothers and sisters alike, all the sisters' children
 Forbidden women to marry by men because they are related to blood such
as:
o Mothers that have suckled you
o Grandmother of your maternal aunts
o Foster-sisters
o Daughters to foster-sisters or foster-brothers
o Cousin of mothers that have suckled you
 Women are Muslim to men because they are related to marriage such as:
o Mother-in-law
o Step-mother
o Step-grandmother
o Daughter-in-law
o Stepdaughter and her descents
o Sister-in-law and her descents

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 o Cousin of wife's brother
 Daughter of his wife and the descents

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 CHAPTER III

CLOSING

A. Conclusion
Marriage or involvement means that the language is united and put together. In
other words, it can also mean a marriage contract (Ijab Qobul) which legalizes the
relationship between a man and a woman who is not a foreigner and thus
enhances the rights and obligations of both of them to be spoken in words,
according to the rules required by Islam.
As with other worship services, marriage has a legal basis which makes it
recommended to be carried out by Muslims. The legal basis for marriage based on
the Qur'an and the Hadith are as follows: (QS. An-Nisaa ': 1), (QS. An-Nuur: 32),
(QS. Ar-Ruum: 21).
According to most scholars, the law of origin is marriage, which means it can
be done or not.However, the law of marriage can be changed to sunnah,
mandatory, even illegal, depending on the circumstances of the person who is
married, sunnah, wajib (an obligation), makruh, haram.
Marriage in Islam has several conditions and harmony that must be fulfilled so
that the marriage is legally valid in the eyes of religion, both legally and siri
marriage. The following are the terms of a marriage contract and harmony that
must be fulfilled in a marriage such as pillar of marriage and marriage conditions.
Marriage objectives such as: to meet the demands of basic human instincts, to
fortify the noble morals and to lower the view, to enforce islamic households, to
increase worship to allah, to obtain the righteous descent
The parts in selection of future husband/wife such as: characteristic of future
husband, characteristics of future wife, and women who can not be married.

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 REFERENCES

Al-quran.indonesia-karir.com. 2019. Al-Qur’an online. [online]:

http://al-quran-online.indonesia-karir.com/q1a/2829-2714/An-
Nahl_16_50_5_1_2_2222221231_al-quran-online-indonesia-karir.html

Firdani, Afrizaldi. 2014. Makalah Pernikahan dalam Agama Islam. [online]:

http://aldy-firdani.blogspot.com/2014/01/makalah-pernikahan-dalam-
agama-islam.html

Rosalia, Anggi. 2016. Fiqih Pernikahan: Pengertian, Hukum dan Rukunnya.

[online]:

https://dalamislam.com/hukum-islam/pernikahan/fiqih-pernikahan

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