The Chapters on Marriage
كتاب النكاح
Chapter 9: Looking at a woman when wanting to marry her
Muhammad bin Salamah said: “I proposed marriage to a woman, then I hid and waited to see her until I saw her among some date palm trees that belonged to her.” It was said to him: “Do you do such a thing when you are a companion of the Messenger of Allah?” He said: “I heard the Messenger of Allah saying: 'When Allah causes a man to propose to a woman, there is nothing wrong with him looking at her.' ”
Mughirah bin Shubah wanted to marry a woman. The Prophet (ﷺ) said to him: “Go and look at her, for that is more likely to create love between you.” So he did that, and married her, and mentioned how well he got along with her.
Mughirah bin Shubah said: “I came to the Prophet and told him of a woman to whom I had to propose marriage. He said: 'Go and look at her, for that is more likely to create love between you.' So I went to a woman among the Ansar and proposed marriage through her parents. I told them what the Prophet had said, and it was as if they did not like that. Then I heard that woman, behind her curtain, say: 'If the Messenger of Allah has told you to do that, then do it, otherwise I adjure you by Allah (not to do so)'. And it was as if she regarded that as a serious matter. So I looked at her and married her.” And he mentioned how well he got along with her.
Chapter 10: A man should not propose marriage to a woman to whom his brother already proposed
the Messenger of Allah said: “A man should not propose to a woman to whom his brother has already proposed.”
the Messenger of Allah said: “A man should not propose to a woman to whom his brother has already proposed.”
Abu Bakr bin Abu Jahm bin Sukhair Al-Adawi said: “I heard Fathima bint Qais say: 'The Messenger of Allah said to me: “When you become lawful, tell me.” So I told him.' Then Muawiyah, Abu Jahm bin Sukhair and Usamah bin Zaid proposed marriage to her. The Messenger of Allah said: 'As for Muawiyah, he is a poor man who has no money. As from Abu Jahm he is a man who habitually beats woman. But Usamah (is good).' She gestured with her hand, saying: 'Usamah, Usamah!?' The Messenger of Allah said to her: 'Obedience to Allah and obedience to His Messenger is better for you.' She said: 'So I married him and I was pleased with him.' ”
Chapter 11: Seeking the consent of virgins and previously-married women
the Messenger of Allah said: “A widow has more right (to decide) concerning herself than her guardian, and a virgin should be consulted”. It was said: “O Messenger of Allah, a virgin may be too shy to speak.” He said: “Her consent is her silence.”
the Messenger of Allah said: “A previously-married woman should not be married until she is consulted, and a virgin should not be married until her consent is sought, and her consent is her silence.”
his father said: “The Messenger of Allah said: 'A previously-married woman can speak for herself, and the consent of a virgin is her silence.' ”
Chapter 12: One who arranges his daughter’s marriage when she is unwilling
that a man among them who was called Khidam arranged a marriage for his daughter, and she did not like the marriage arranged by her father. She went to the Messenger of Allah and told him about that, and he annulled the marriage arranged by her father. Then she married Abu Lubabah bin Abdul-Mundhir.
his father said: “A girl came to the Prophet and said: 'My father married me to his brother's son so that he might raise his status thereby.' The Prophet gave her the choice, and she said: 'I approve of what my father did, but I wanted women to know that their fathers have no right to do that.' ”
a virgin girl came to the Prophet and told him that her father arranged a marriage that she did not like, and the Prophet gave her the choice.
Chapter 13: Marriage of minor girls arranged by their fathers
Aishah said: “The Messenger of Allah married me when I was six years old. Then we came to Al-Madinah and settled among Banu Harith bin Khazraj. I became ill and my hair fell out, then it grew back and became abundant. My mother Umm Ruman came to me while I was on an Urjuhah with some of my friends, and called for me. I went to her, and I did not know what she wanted. She took me by the hand and made me stand at the door of the house, and I was panting. When I got my breath back, she took some water and wiped my face and head, and led me into the house. There were some woman of the Ansar inside the house, and they said: 'With blessings and good fortune (from Allah).' (My mother) handed me over to them and they tidied me up. And suddenly I saw the Messenger of Allah in the morning. And she handed me over to him and I was at that time, nine years old.”
Abdullah said: “The Prophet married Aishah when she was seven years old, and consummated the marriage with her when she was nine, and he passed away when she was eighteen.”
Chapter 14: Marriage of minor girls arranged by someone other than their fathers
when Uthman bin Mazun died, he left behind a daughter. Ibn Umar said: “My maternal uncle Qudamah, who was her paternal uncle, married me to her, but he did not consult her. That was after her father had died. She did not like this marriage, and the girl wanted to marry Mughirah bin Shubah, so she married him.”
Chapter 15: No marriage except with a guardian
the Messenger of Allah said: “Any woman whose marriage is not arranged by her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. If (the man) has had intercourse with her, then the Mahr belongs to her in return for his intimacy with her. And if there is any dispute then the ruler is the guardian of the one who does not have a guardian.”
Aisha and Ibn Abbas said: “The Messenger of Allah said: 'There is no marriage except with a guardian.' ”According to the Hadith of Aishah: “And the ruler is the guardian of the one who does not have a guardian. ”
the Messenger of Allah said: “There is no marriage except with a guardian.”
the Messenger of Allah said: “No woman should arrange the marriage of another woman, and no woman should arrange her own marriage. The adulteress is the one who arranges her own marriage.”
Chapter 16: Prohibition of Shighar
Ibn Umar said: “The Messenger of Allah forbade Shighar. Shighar is when a man says to another man: 'Marry your daughter or sister to me, on condition that I will marry my daughter or sister to you,' and they do not give any dower (i.e. neither of them give other the dower).”