Concepts of Islamic Marriage

1.0 Introduction.

The Muslims do not see the house as a static entity. As the environment for the generation of life, it is itself a living and dynamic entity. Hence ‘waala’ talk of the need to continually build up the house. This task needs a man and woman in order to be accomplished. As a ‘Waala’ saying goes, ‘it needs a man and a woman to build a house’, For whilst the man digs the soil the woman provides the water without which he cannot make the motar for the building’. Here again, we see how, in a nuanced way, the ‘waala’ refer both to the sexual division of labor in the putting up of a physical house and the cooperation of the sexes in the generation of children within the social house. In this way, I have the double reference to the house as a physical and social entity.

Through these statements, ‘Waala’ acknowledge the importance of marriage. However they do not see marriage as establishing a household. ‘Waala’ believe that the House has already been setup by the forebears. It is a task of the descendants to keep the house in existence. Marriage is thus a necessary means of keeping the house a lived through history. Hence a young man is said to ‘take a wife’ (depogaa) into his house whilst a young girl ‘homes a houseband’ (kulisira). Girls are destined to marry outside their own patriling into another person’s house’ and thus educated to help ‘build’ their husbands’ houses even if they are never considered full members in it. Infact, the remaining members of their own patriclan are expected to be responsible and respectable ambassadors of their own families within their husbands’ own. Throughout the world and through out history there have been, and still are, a variety of matrimonial systems each of which is the fruit of inventiveness and adaptation to local circumstances. The

Islamic marriage system is one of them, it has its peculiarities and specific characteristics, carved out by tradition. For the Muslims, marriage is the union of a man and a woman, having in mind the reciprocal services of domestic life and the procreation of children, this union is made possible through the mutual agreement between the kinship group of the man and the woman. Therefore, marriage is not just the affairs of the man and the woman, for the bond that unites them as husband and wife unites at the same time their two lineage groups. Man alone is incomplete and more so the woman, they are like two halves of a ‘Calabash’ which have to be reunited to have a whole ‘Calabash’. The complete human being is the couple (man and woman) and it has been like that since the beginning.

For the two, it is the accession to their true maturity especially if their union results in an offspring; Marriage is the fine threshold to cross on earth in the growth through childhood. Celibacy always conserves something if childish immaturity in the eyes of the society. The relation husband-wife is therefore constitutive of the human being and marriage which creates this relation is thus greatly varied.

1.2 Backgrounds to the study

Islam recognizes values of sex and advocates marriage. Islam does not believe in celibacy. The prophet of Islam has said ‘marriage is my sunnah (that is recommended action of the prophet) and whoever does not follow my sunnah is not true follower ‘(Ibn Haiah Basum Nilah) All has commanded the Muslims to marry. (Quran 24:33) in Islam, marriage is considered as one of the essential element of adulthood in Islamic context. And marriage is also considered as an essentially a contract.

In Islam, both Muslim men and women must satisfy certain conditions before one can go into marriage. The conditions include:

• There must be a clear proposal
• There must be a clear acceptance
• There must be at least the competent.

After satisfying the about conditions, the marriage must be witness by the competent persons from both the man’s family and the women’s family. Respectively. It is necessary to exclude illicit sex and to safeguard legitimacy of progeny. It is recommended that marriage should be widely publicized. The ‘heart’ of marriage is the ‘marriage gift’, little or more, by the bridegroom to the bride. ‘Dowry or marriage gift by bridegroom to the bribe is a symbolic expression of the groom’s cognizance of the economic responsibilities of marriage and of his readiness to assume all responsibilities subsequent to marriage’ Dowry is not any price paid either to wife or family of the wife. Dowry should be estimated according to the circumstances with emphasis on moderation. The prophet (S. A. W.) is reported to have said that ‘the most blessed marriage’ is that which is least costly and most easy’.

Marriage is usually a group affair and the ceremony involves, besides the couple and their immediate relations distant kinsfolk, neighbors and friends. Nor is their involvement limited to the ceremony. It is necessary during the preliminary negotiations which culminate in the ceremony. That is why it is said that

Ghanaian marriage is between families and not individuals. This view has added significance because in our extended system, the interest of the relatives in the marriage means that the two families have become affirnal real kin of the two sides. Nukunya (2003).

According to G. E. kpiebaya ‘the word ‘Bride price’ instead of the usual word dowry for a reason. The word dowry is often used to refer to the practice among many Africans peoples of giving some goods in exchange for a wife, but strictly speaking, dowry is the money, or the property a woman brings to her husband at marriage. In Africa, in general, it is the boy, not the girl who brings money, property and services to the girl’s family.’ In my candle opinion, the ‘Bride price or Bride health is the consideration (thus the benefit to the bridegroom. The consideration paid by the bride should be within the limit of the bride and should be recommended by Islam advocates and confined within the teachings of Islam. The importance of the dowry (bride price, bride health) can not be overemphaised. The bride price is never seen traditionally as payment for the girl, but as an indemnity to the family (kpiebaya), payment of the dowry (bride price, bride health) is a symbolic of the marriage procedure and finally legalize the marriage contract. Once the bride price has been paid by the bride, it confers sexual rights on both parties. Since lslam discourage celibacy. Payments of the dowry also legitimize the unborn children and also the dowry serves as a ‘stabiser” to the marriage for once the girl’s people have receiued it they are not readily prepared to retune it should a breakdown occur. It is therefore in their interest to maintain the marriage’ (G. E. kpiebaaya).

‘Walimah’ is a food reception which follows the consummation of the marriage, to make it public. It is offered by the parents of the married couple, by their friends, or by the newly married couple themselves. Friends, relatives, and neighbors are usually invited. This food reception should be within the means of the couple and recommended by lslam. The companion Anas reported that ‘the prophet (S. A. W. ) Saw a trace of yellow on Abd Ar – Bahaman /bn ‘Awf, and asked: what is this? He answered: l got married. The prophet (S.A.W.) said: may Allah make it a blessing for you. Make a Walimah, even with only sheep.(Al-Bukhari,Muslim,Al-Tirmizi,Abu Dawood and Malik) .

In human life, every human being good through three (3) importance stages in life and each of these stages is marked with celebration and other financial commitment. The stages include:

• Out- adoring ceremony.
• Adulthood and marriage ceremony.
• Death and funeral ceremony.

The celebration of these activities should not bring any hardship to those performing them. Recently, the Islamic marriage institution has turn in to a financial institution where Muslims barrow with ‘collateral security’ and save with a very hard ‘sting conditions.” Those Muslims who has not gotten the said ‘collateral security’ cannot borrow from the Islamic marriage institution.

In conclusion marriage is a religious right for Muslim brothers and sisters and this has been recommended by the messenger of Allah (S.A.W.) and His Companions. Emphasis is placed on the affordability of the ‘Dowry’ (Bride pride).

1.3 Statement of the problem

Allah created men and women so that they can provide company to one another, have one another, procreate children and live in peace and tranquility to the commandments of Allah and the directions of His messenger. Nature has so arranged that man and woman are attracted toward each other. This natural attraction binds them together and leads them to live a common life and form a family. This natural tendency or the instinct of sex, like any other instinct, should be guided to the right direction so that it may be utilized in the service of humanity. In the wake of keen desire to established conjugal relations between them selves, man and woman enter into a contract known as marriage or matrimonial contract. This contract has great importance in human life, for it unites the existence of two persons in many ways. It lays the foundation of the life of a human infant and deeply influences his body, life, thought and future actions. That is why a marriage contract is regarded a sacred by various nations and enough attention has been paid in different legal systems to the question connected with it. Islam has also attached great importance to the question of marriage in its social system. In the holy Quran and the sayings of the holy prophet and the imams we find that marriage has been greatly encouraged. The holy prophet has been reported to have said ‘No institution of island is liked by Allah more than that of marriage’.

Despite the numerous importance marriage in Islamic context. Individual Muslims have tend it into money ventures making it very difficult for afford this huge sum of money to go into marriage.

‘The introduction of new concepts into the Islamic marriage has created difficulties for those who can afford and stand the test of time. The concept include:, showing of identical clothes, hiring of canopies, expensive dowry, hiring of record dance (stero) and among others is an indication that new concepts have been added to the in stilton of marriage besides its traditional concepts due to individual perusal interest. This practices and concepts currently introduced into the Islamic marriage have undermined the integrity of Islam as a religion. I there for urged every meaning, concerned and patriotic Muslim to stand elementally against these practices..’

Mr. Daud Baaba ‘Adidas delivered a paper on Islamic marriage, radio progress current affairs.

1.4 Research question (s)

Main research question

What are the impacts of the commercialization of marriage on Islamic marriage? Sub-question:

How is Islamic marriage contracted?

What are the essential requirements of Islamic marriage?

Are there changes to the essential requirements of Islamic marriage?

What are the impacts of these changes on Islamic marriage?

1.5 Research objective (s)

Main research objective

To assess the impact of commercialization of marriage on Islamic marriage

Sub-objectives

To identify the procedure of Islamic marriage

To identify the requirements of Islamic marriage

To determine the changes in procedure and requirements of Islamic marriage overtime.

To assess the impact of these changes and Islamic marriage.

1.6 PURPOSE OF THE RESEARCH

This research is intended to examine the factors or Circumstances that led the commercialization of the Islamic marriage which currently made very difficult for Young Mushin boys and girls to go into marriage as prescribed by the Holy Book (Quran). The findings the research will be made available to the Islamic Communities and other interested bodies and institutions.

CHAPTER TWO

2.0 Literature review

This chapter will consist of two (2) Termantic areas. Thus theoretical Framework which comprise previous literature undertook by prominent scholars, journals textbooks both published and non-published on:

The procedure on Islamic marriage

The requirements of Islamic marriage

The changes in procedure and requirement of Islamic marriage

The impact of the recent changes in procedure and requirement on Islamic marriage.

The second phase of this chapter is the conceptual framework of the procedures and requirements of Islamic marriage.

Chapter Three

Methodology

3.0 Introduction

This chapter deals with the description of the study design; study Area, Population sampling method, sampling Size. Data Collection Approach, interview. and questionnaire

3.1 Study design

The research design will follow the following pattern, the topic or title, introduction, Background, problem analysis or statement of the problem, the research question, the research objective , Literature Review, Methodology, Findings and discussion of sub-objectives, conclusion, Recommendations and References. Ha win C (1989), Research Design strategies and choices in the design of social research.

Pathways Analysis (Dietz)

3.2 Study Area: WA municipality especially WA township where the practice of the commercialization of marriage on the Islamic Institution is the most affected area. Wa Municipal is one of the nine (9) Districts in the Upper West Region.

3.3 Secondary Data

The researcher intended to collect data from the following sources; papers delivered by prominent Islamic scholars, Islamic scholars who have researched into Islamic marriage, Articles publications and son on.

3.4 Population

The population of the research will be the Muslim community in Wa Township and it environs.

3.5 Sampling Method;

Two main sampling method or technique would be adopted thus; stratified random sampling and purposive sampling procedure

Stratified random sampling:

In stratified sampling, the sampler divides the population into homogeneous unites. That is to say, if the sampler has any reason to believe that the population has many dissimilar elements or individuals,

3.6 Sample Size

The sample size is the number of respondents the researcher will be dealing within the population. Two hundred (200) respondents is targeted

3.7 Data Collection Approach;

The researcher intended to use one main methods which include; and questionnaire. The research findings will be both qualitative and quantitative

3.8Questionnaires

Formal questions will be framed and written down for the respondents to provide the answers. As a method for data collection, questionnaire is and efficient way to collect statistically quantifiable information. The researcher intended to use an open- ended question. Open-ended questions give flexibility in answering questions. Respondents can express themselves as fully as they wish. The researcher intended to administer one hundred and fifty (150) questionnaires.

Network Analysis ( Long 1989, Cees Lewis 1990, Villareal 1990)

PROPOSED BUDGET

Component

Quantity

Unit price

Totals

A-4 Sheet

Five (5)

45.00

22.50

Type setting and photocopy of questionnaire

One hundred and fifty

GH¢7 for type setting (a) 10p per photo copy (a) 100 questionnaires

1050

Field Assistance

Four (4)

50.00

200.00

Digital Camera for research purpose

One 1

350.00

350.00

Final typesetting of thesis work

One 1

200.00

200.00

Photo copy of thesis work

Five (5)

20.00

100.00

Type setting of Interviews questions

Fifty (50)

GH¢7 for the setting

70

Allowance for secretary

One 1

50.00

50.00

Photocopy of interview questions

Fifty

70Gp for 50

3.50

Traveling &Transport for researcher

Five (5) gallons of petrol

5.30

26.50

Miscellaneous

174.00

TOTALS 2,246.50

Note: This Budget is subject to amendment and review depending on the prices of component at the time of the thesis writing

PROPOSED TIME AND COMPLETION OF THESIS

Activity

Time frame

Gathering of Data

December 2010

January 2010

Analysis of data

February

March 2010

Write – up of final thesis

1stApril 2010

30thApril 2010

Submission of thesis to the faculty

1stMay 2010

31stMay 2010