Mishkat al-Masabih

Chapter 7: The Guardian in Marriage, and asking the Woman’s consent - Section 1

‘A’isha said that the Prophet married her when she was seven, she was brought to live with him when she was nine bringing her toys with her, and he died when she was eighteen. Muslim transmitted it.

Chapter 8: The Guardian in Marriage, and asking the Woman’s consent - Section 2

Abu Musa reported the Prophet as saying, “There is no marriage without a guardian.” Ahmad, Tirmidhi, Abu Dawud, Ibn Majah and Darimi transmitted it.

‘A’isha reported God’s Messenger as saying, “If any woman marries without the consent of her guardian her marriage is void, her marriage is void, her marriage is void. If there is cohabitation she gets her dower for the intercourse her husband has had. If there is a dispute*, the sultan is the guardian of one who has none.” * i.e., among guardians, Mirqat iii. 418 says that if their dispute would keep a woman from being married, they are treated as non-existent.Ahmad, Tirmidhi, Abu Dawud, Ibn Majah and Darimi transmitted it.

Ibn ‘Abbas reported the Prophet as saying, ‘Adulteresses are those women who marry themselves without evidence.” The soundest view is that it does not go back farther than Ibn ‘Abbas. Tirmidhi transmitted it.

Abu Huraira reported God’s Messenger as saying, “An orphan girl should be consulted about herself; if she says nothing that indicates her permission, but if she refuses, the authority of the guardian cannot be exercised against her will.”Tirmidhi, Abu Dawud and Nasa’i transmitted it, and Darimi transmitted it on the authority of Abu Musa.

Jabir reported the Prophet as saying, “Any slave who marries without his master's permission is a fornicator.” Tirmidhi, Abu Dawud and Darimi transmitted it.

Chapter 9: The Guardian in Marriage, and asking the Woman’s consent - Section 3

Ibn ‘Abbas told that a virgin came to God’s Messenger and mentioned that her father had married her against her will, so the Prophet allowed her to exercise her choice. Abu Dawud transmitted it.

Abu Huraira reported God's Messenger as saying, “A woman may not give a woman in marriage, nor may she give herself in marriage, for the immoral woman is the one who gives herself in marriage.” Ibn Majah transmitted it.

Abu Sa'id and Ibn ‘Abbas reported God’s Messenger as saying, “He who has a son born to him should give him a good name and a good education and marry him when he reaches puberty. If he does not marry him when he reaches puberty and He commits sin, its guilt rests only upon his father."Baihaqi transmitted in Shu'ab al-iman.

‘Umar b. al-Khattab and Anas b. Malik reported God’s Messenger as saying that it is written in the Torah, “If anyone does not give his daughter in marriage when she reaches twelve and she commits sin, the guilt of that rests on him." Baihaqi transmitted in Shu'ab al-iman.

Chapter 10: Making a Marriage publicly known, asking Woman in Marriage, and the Condition laid down - Section 1

Ar-Rubayyi‘ daughter of Mu'awwidh b. ‘Afra’ said

The Prophet came and entered when I had been conducted to my husband, and sat on my bedding as you are sitting beside me. Some little girls of ours began to play the tambourine and eulogise those of my ancestors who were killed at the battle of Badr, and then one of them said: “And among us is a prophet who knows what will happen tomorrow." Thereupon he said, “Stop this and say what you were saying.” Bukhari transmitted it.

‘A’isha told that when a bride was conducted to one of the Ansar, God’s Prophet said, “Have you no amusement? The Ansar are delighted by amusement." Bukhari transmitted it.

She said

“God’s Messenger married me in Shawwal and cohabited with me in Shawwal, so which of the wives of God’s Messenger was more beloved by him than I?" Muslim transmitted it.

‘Uqba b. ‘Amir reported God’s Messenger as saying, “The most worthy conditions you fulfil are those by which you make sexual intercourse lawful." (Bukhari and Muslim.)

Abu Huraira reported God’s Messenger as saying, “A man must 'not ask a woman in marriage when his brother has done so already, until he marries or gives her up." (Bukhari and Muslim.)

He reported God’s Messenger as saying, “A woman must not ask to have her sister* divorced in order to deprive her of what belongs to her, but she must marry, because she will have what has been decreed for her."(Bukhari and Muslim.)* The word ‘sister’ is here used in a general sense. The tradition has been explained as referring to one of a man’s wives trying to get him to divorce another, but it probably refers to a woman whom the man has asked in marriage wanting him to divorce his wife before she marries him.

Ibn ‘Umar said God’s Messenger prohibited shighar, which means that a man gives his daughter in marriage on condition that the other gives his daughter to him in marriage without any dower being paid by either. In a version by Muslim he said, “There is no shighar in Islam."(Bukhari and Muslim.)

‘Ali said that at the battle for Khaibar God’s Messenger forbade the temporary marriage (mut’a) of women, and eating the flesh of domestic asses. (Bukhari and Muslim.)

Salama b. al-Akwa said that in the year of Autas* God's Messenger permitted a temporary marriage for three nights, but afterwards he prohibited it. *This was after the battle of Hunain in 8 A.H.Muslim transmitted it.

Chapter 11: Making a Marriage publicly known, asking Woman in Marriage, and the Condition laid down - Section 2

‘Abdallah b. Mas'ud said

God’s Messenger taught us the tashahhud in the prayer and in case of some need, saying that the tashahhud in the prayer is, “The adorations of the tongue, acts of worship and all good things belong to God. Peace, and God’s mercy and blessings be upon you, O Prophet. Peace be upon us and upon God’s upright servants. I testify that there is no god but God, and I testify that Muhammad is His servant and Messenger.” The tashahhud in case of some need is, “Praise be to God from whom we ask help and pardon. We seek refuge in God from the evils within ourselves. He whom God guides if has no one who can lead him astray, and he whom He leads astray has no one to guide him. I testify that there is no god but God, and that Muhammad is His servant and Messenger." And one should recite three verses: “You who believe, fear God as He should be feared, and die only as Muslims;” (Al-Qur’an 3:102). “You who believe . . . fear God by whom you ask your mutual rights, and reverence the wombs. God has been watching over you;” (Al-Qur’an 4:1 which has ‘O Mankind.’). “You who believe, if you fear God and say what is true He will make your deeds sound and forgive you your sins. He who obeys God and His Messenger has attained a mighty success” (Al-Qur’an 33:70).Ahmad, Tirmidhi, Abu Dawud, Nasa’i, Ibn Majah and Darimi transmitted it. In Tirmidhi’s Jami' Sufyan ath-Thauri gave a commentary on the three verses. Ibn Majah added “whom we praise” after “praise be to God”, and “from our evil actions” after “from the evils within ourselves.” After “mighty success” Darimi added that one should then express what he needs. In Sharh as-sunna it is transmitted on the authority of Ibn Mas’ud concerning the form of words for some need, whether marriage or something else.