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How does Islamic law treat marriage as a contract between spouses?
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In Islamic law, marriage is fundamentally regarded as a contract between spouses rather than a sacrament. This contract is intended for the legalization of sexual relations and the procreation of children, while simultaneously being viewed as a gift from or service to God.12
Key aspects of this contractual nature include:
- Formation: The essential requirement for the marriage is an offer and acceptance expressed by the parties at a single meeting. It can be constituted without any formal ceremony.2
- Financial Provisions: Upon marriage, the husband is obligated to provide the mahr (dower) to his wife, which serves as a gift to guarantee her financial independence. During the marriage, the husband is responsible for the maintenance and support of his wife, provided she does not reject his authority.13
- Consent and Guardianship: While fathers traditionally have the right to contract their daughters into marriage, jurists emphasize the importance of consent. For instance, an adult woman who is no longer a virgin must provide explicit consent, and in certain schools of law, an adult woman may conclude her own marriage contract.3