Wednesday, July 29, 2009

Women's Rights in the

Women's Rights in the
Islamic Prenuptial Agreement:
Use Them or Lose Them
by Rabia Mills


And among His Signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquility with them, and He has put love and mercy between your (hearts): verily in that are Signs for those who reflect. [Qur'an 30:21 Yusuf Ali translation]

A great deal of heartache can be avoided by a woman in her marriage if she, as the bride-to-be, agrees to and signs a carefully considered Prenuptial Agreement (also known as a Marriage Contract or Domestic Contract) that guards her rights before entering into wedlock. This is the crucial first step which will guarantee her rights throughout her marriage, because if problems should arise later on in the marriage, ignorance of the law will not be allowed as an excuse for the woman's failure to secure her rights. The Prenuptial Agreement can also guarantee a woman many of her Islamic rights, which can be enforceable by law(1) even if she lives in a western country. Arguably women's Islamic rights are more fair and equitable than the secular woman's rights in the west, so it makes sense to know just what her Islamic rights are and how they can be relinquished should she neglect to claim them before marriage.(2) A great deal of misinformation abounds concerning the Prenuptial Agreement and women's Islamic rights. Insha'Allah, this article will set the record straight, as much as possible, about what her Islamic rights are, and how to protect them with a carefully considered Prenuptial Agreement.

For the most part, we will address the western Muslim woman who is not only required to obey the Shar'iah, but who must also comply with the secular laws of her own country. However, we will touch briefly upon a few major issues which affect women living in Eastern countries where polygyny (3) and other such Muslim laws are extant. Because of the diversity of laws from country to country, we can only discuss the Muslim woman's rights in a general as opposed to specific fashion.

To be enforceable by law, a Prenuptial Agreement must also comply with the laws of the country (as distinct from the Islamic Law of the Shar'iah) in which it is drawn up and signed. This will guarantee that the agreement will be legally binding on both the husband and the wife, and should problems should later arise, the spouse will have protection under the law of his or her own country. It is therefore advisable for the couple to have at least a rudimentary understanding of the laws of their own respective countries in which they live.

Ideally it would be more advantageous for the couple to consult both a legal specialist in their own particular country and also a specialist in Islamic Law to help draw up their contract. We would suggest that the Prenuptial Agreement or Marriage Contract be drawn up by a religious leader in your community (i.e. the Imam of your local mosque might be able to help) and then checked over by each of the bride and groom's respective lawyers. Muslim lawyers -- if available - would be preferable.


The Prenuptial Agreement - points to consider in your marriage contract

It is impossible in an article of this nature to cover all of the possible inclusions which could conceivably go into the Prenuptial Agreement, so we will focus mainly on those points which have a bearing on protecting a Muslim woman's Islamic rights.

(a) Polygyny

If a woman does not feel that she could allow her husband to marry more than one woman at the same time, then Islam allows her the right to refuse him permission to do this at the outset of their marriage, however, she must indicate this preference in the Prenuptial Agreement or she will forfeit this right under the Islamic Law. If she is uncertain as to whether or not she will be opposed to her husband marrying a second wife later on, then she could include that in the agreement and thus make it binding upon her husband that he must consult her at that time and that he must then abide by her wishes. To say nothing, however, could possibly invite more pain than gain as far as her desires are concerned.

In the West, polygamy (4) is illegal. Even so, the woman may still request that her husband not marry a second wife, and put this in the contract. This sort of request would be considered spurious in the Prenuptial Contract because men in the west are already forbidden polygyny. Nonetheless it might still prove to be a useful addition to the contract at this time because later on the couple might possibly move to a country where polygyny is legal.

Although polygyny is illegal in Canada, if a person marries more than one wife anyway, then the second wife is cut off from access to her legal rights as a wife completely (i.e. inheritance, mahr, alimony, child custody, recognition as being a wife, etc.) because the second marriage is not legally recognized whatsoever by Canadian law authorities. Therefore she will not be treated equally under Canadian law to the first wife, who could easily go to a recognized legal authority to enforce her marital rights. The second wife will have no legal recourse whatsoever from Canadian law. So this is a strong argument against Muslims marrying a second wife in a country like Canada which will neither recognize nor enforce her Islamic legal rights when it comes to polygyny. Interestingly enough, it appears that the Canadian government is not entirely opposed to polygyny when it comes to immigrants. If the husband and his wives have already been married off of Canadian soil and should they immigrate to Canada, then the extra wives will be accorded equal protection under Canadian law as the first wife.

In any case, it would be a good idea to include a clause agreeing that the marriage will not be polygynous, if this is BOTH their preferences, for clarification between the two spouses and the Muslim community. It has already been mentioned that there is always the possibility that the couple could someday live in some other country that does recognize polygyny. So the couple may want to be clear on this point.

(b) Mahr

This is the dower, or gift from the groom to the bride, of either a fixed financial amount or even a property amount and it is usually given immediately at the time of the marriage. However, either some of it or all of it may be deferred until a later time where it would become payable to the wife either upon the death or divorce of her husband. This is her Islamic right. Therefore the details of its payment should be set out very clearly in the Prenuptial Agreement for this right to be accorded to the western Muslim woman. (i.e. that a certain portion of the dower will be paid at once or within a stated period, and the remainder upon the dissolution of the contract by either death or divorce.) For example, the bride could settle an appropriate amount of dower to cover the demands of life after either a divorce or the husband's death, or she could arrange for an annuity, or a fixed monthly amount payable to her upon the occurrence of either of those two events, so long as the Canadian rule against perpetuities is not contravened. There doesn't appear to be anything in Islamic law that prohibits a wife from looking after her own interests in this way in Canada.

In the U.S.A., however, Prenuptial agreements which "facilitate divorce or separation by providing for a settlement only in the event of such an occurrence are void as against public policy." This appears to mean that according U.S. law, a woman cannot claim her dower in the event of divorce, even though she had agreed to this in her Prenuptial Agreement. So ladies, be forewarned about this issue if you happen to live in the U.S.A. [for more information click here ].

(c) Divorce

In Islam, divorce is permitted when serious differences arise which cannot be resolved through reconciliation. However, it has to be the last resort, for the Prophet p.b.u.h. has described divorce as the most detestable of all lawful things in the sight of God. Now divorce is probably the last thing in the world that a couple would want to consider when negotiating their Prenuptial Agreement, but since Islamic divorce law is far more reasonable and equitable than Western divorce law, it would be wise to commit to the Shar'iah in your Prenuptial Agreement and in the early stages of marriage. Furthermore, this is the time when a woman may claim many of her Islamic rights.

There is a misguided notion both among western nations and even among Muslims themselves that under Muslim law a woman will get nothing from her husband towards her maintenance and living expenses beyond her probationary period of Iddat. This is a very simplistic notion and is clearly misleading.

In Islam the husband may unilaterally divorce his wife at any time, without specifying any reason, and a woman may do the same as long as she acquires this right when contracting her marriage. She can do this by negotiating and demanding that the prospective husband delegate to herself (or her nominated agent) the right to divorce herself at any time without assigning any reason.(5) It should be borne in mind that the procedure relating to the pronouncement of divorce can vary depending upon which school of law is followed by the husband and wife.(6) The prospective wife can also have the husband's right to divorce her curtailed in many other ways - all by demanding and having the required legal conditions included in the marriage contract - and these conditions would be just as enforceable in a court of law as any conditions of a civil contract.

In fact, the modus operandi, even in a so-called bilateral marital breakdown situation (i.e., where both the husband and the wife mutually agree to divorce) is always for one of the two spouses to take the initiative to call the marriage off. So, in reality, marriage breakdown situations almost always entail unilateral decisions and motivations. Therefore, given that there is often an unavoidable, unilateral dimension in initiating divorce proceedings, one could argue that to let either of the two spouses have the unilateral right to divorce the other will save both of them from endless argumentation and bickering that could ultimately lead them to very expensive and emotionally charged court litigation.

Currently, if you live in Canada, the couple must first legally separate for a period of one year before divorce will be granted. It is a very complicated process and each spouse is advised to retain his or her own lawyer. At the moment, a Canadian Muslim couple cannot obtain a divorce in Canada according to Muslim Law. However, there are things which can be done to minimize the trauma and legal expense as long as BOTH the husband and wife are willing to compromise. Moreover, it would be very useful if they both had agreed to and signed a Prenuptial Agreement which had set out various prearranged issues such as child custody, maintenance, etc. and so if both the husband and the wife were willing to abide by this agreement, then the divorce could actually proceed quite smoothly.

(d) Financial Independence

According to Muslim Family Law, the responsibility for the wife's maintenance (nafqa) always remains with the husband. The wife has no corresponding obligation to support her husband. The Muslim law principle which has been jealously guarded and enforced by Muslim law courts is that a woman's property is hers alone. Period. Consequently, any property which a Muslim wife contributes towards the 'family's assets' (i.e. all the property accumulated during the marriage) remains hers alone and is not subject to division or sharing by the husband in the event of a marriage breakdown (unless otherwise agreed upon between the husband and wife). In other words, under the Muslim Law, her 'Net Family Property,' remains hers alone and with no corresponding obligation to share with her husband (unless both husband and wife have agreed to share). This is not the case in Ontario law. So to ensure that a woman's Islamic rights are protected in Canada, particularly with respect to the matrimonial home provision of the Ontario Law, it is suggested that both the husband and wife consult a specialist (i.e. lawyer who specializes in Ontario Family Law if they happen to live in Ontario) so as to explore with this lawyer the legal possibilities of accommodating the couple's wishes, as much as possible, by finding ways and means to legally circumvent the (Ontario) law with regards to the obligatory special equal sharing of the matrimonial home provision.(7)

It appears that in the U.S.A., the Prenuptial Agreement can successfully redefine each spouse's property as either separate property or community property, so the wife can specify her financial independence and ownership of property at this time. [For more details click here ]

(e) Education and Employment

Muslim women may restate their God-given Islamic rights to education and independence to work (employment, business, professions, etc.) in the Prenuptial agreement at this time which could be used beneficially both in Muslim as well as non-Muslim countries. Women in the west have already been accorded these rights by law, although in practise the husband may or may not approve of a wife either working or getting a higher education. So it would be prudent for both the husband and the wife, either in the West or the East, to be clear on this issue so as to prevent discord and unhappiness in the marriage.

The Prenuptial Agreement may also provide for religious education and upbringing of the children in accordance with Islamic Law and traditions.

Conclusion

The Prenuptial Agreement can be likened to an 'insurance policy' for both Western and Eastern Muslim couples; and for the Muslim woman who wishes to adhere to the principles of Islam, she would be well advised to carefully consider her options. The couple may not necessarily consider themselves to be very religious in practice at the present time, but this could change many years down the road because one simply cannot know one's future. So it would be a good idea to cover all your bases as it were when considering your Prenuptial Agreement.

Whether you are a woman living in an Eastern Muslim country, or a woman living in a Western secular country, a carefully considered Prenuptial Agreement will prove to be an important asset to your marriage because (and most couples don't know this) the standard Marital Contracts that Mosques use, often do not claim those rights for women that are hers and these could be lost if not agreed upon in her Prenuptial Agreement. Particularly for women who live in Eastern Muslim countries, you cannot assume that because your country is governed for the most part by Muslim Law that your Islamic rights will be specified in this standard contract or that your rights will be protected if need be by your country's law. This may not be the case.

The reason why the importance and the practical need for a Prenuptial Contract seems to be ignored by such a large segment of the Muslim population is simply beyond comprehension. This lack of appreciation for the need for a Prenuptial Agreement seems to become even more appalling if one, as a Muslim, would recognize the fact that the Muslim marriage (Nikah/aqd) is itself a civil contract. It contains the basic ingredients of a regular everyday civil contract! The whole matrimonial relationship is based upon mutual agreement and consent of both the husband and the wife. From this point of view then, whoever said "a marriage contract is like is like a blank cheque on a joint account containing almost unlimited funds" really knew what he was talking about. Just as either the husband or the wife may decide to increase or decrease the funds held in their joint account, so too can they add any number of mutual rights and obligations into their Marriage/Prenuptial Contract. Nothing is carved in stone - everything can be changed, altered and amended. All that is required is a certain amount of good will and a sincere desire to live happily ever after.

Among His signs is [the fact] that He has created spouses for you from among yourselves so that you may console yourselves with them. He has planted affection and mercy between you; in that are signs for people who think things over. [Qur'an 30:21 T.B. Irving Translation]



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1. As long as they do not contravene the laws of the country in which the contract was drawn up.

2. Even in a secular western sense, the Prenuptial Agreement is considered a useful tool because it imposes clear obligations and duties on the spouse, and this in turn can lead to less conflict and friction and can also cultivate peace and harmony within the marriage.

3. Polygyny = polygamy in which a man has more than one wife at the same time.

4. Polygamy = having more than one wife or husband at the same time.

5. In other words, a wife may acquire from her husband the authorization to divorce herself from him at any time without assigning any reason. This is called delegation of authority/authorization by the husband to the wife, leaving it as her option to do what she likes, known as mashiat.

6. For example and without going into great detail, Imam Abu Hanifah is of the opinion that a divorce cannot be declared without a good reason. This means that as long as the marriage has no problems of compatibility, etc. divorce cannot be given. Imam Abu Hanifah is also of the opinion that the thrice repeated pronouncements of divorce cannot be made all at once. This means that there must be a gap of one menstrual period between each pronouncement of divorce despite his acknowledgement that even under these circumstances, the divorce will still be technically enforceable. This opinion of Imam Abu Hanifah is a minority opinion and as such does not enjoy the status of a generally accepted legal opinion (fatwa). If the husband and wife prefer to follow Abu Hanifah's minority opinion, then they are free to insert a clause to this effect in the Prenuptial Agreement.

7. This matrimonial home provision in Ontario seems to be so high handed in imposing its regime that one could probably successfully challenge its constitutionality on the grounds that it is against the Right to Freedom of Religion which is guaranteed by the Charter of Rights and Freedoms.

Sunnahs of the Waleemah

Sunnahs of the Waleemah

Importance of the Wedding Feast

The husband must sponsor a feast after the consummation of the marriage. This is based on the order of the Prophet (peace and blessings of Allaah be upon him) to one of his companions , Abur-Rahman ibn 'Auf (r) to do so, and on the hadith narrated by Buraida ibn At-Haseeb (r), who said: "When 'Ali (r) sought the hand of Faatimah (r) ,the Prophet's daughter, in marraige, he said that the Prophet (peace and blessings of Allaah be upon him) said: "A wedding (and in another version "a bridegroom") must have a feast." The narrator said: "Sa'ad (r) said: '(a feast) of a sheep.' Someone else said: 'Of such and such a quantity of corn." [Ahmad and at-Tabaraani: Its isnaad is acceptable as al-Haafiz Ibn Hajr says in Fathul-Baaree: 9/188]

The Sunnahs of the Wedding Feast

The following should be observed with regard to the wedding banquet:

First: It should be held ('aqb - Fathul Baaree: 9/242-244) three days after the first wedding night, since this is the tradition of the Prophet (peace and blessings of Allaah be upon him) which has reached us. On the authority of Anas (r) who said: "The Prophet (peace and blessings of Allaah be upon him) entered upon his wife and sent me to invite some men for food." [al-Bukhaaree and al-Baihaqi].

Also on the authority of Anas (r), he said: "The Prophet (peace and blessings of Allaah be upon him) married Safiya (r), and her freedom was her dowry. He gave the feast for three days." [Abu Ya'laa and others: Hasan].

Second: One should invite the righteous to his banquet whether they be rich or poor. The Prophet (peace and blessings of Allaah be upon him) said: "Do not be the friend of any except believers, and have only the pious eat your food." [Abu Dawood, at-Tirmidhee and others: Saheeh].

Third: If one is able, he should have a feast of one or more sheep. Based on the following hadith, Anas (r) said: "Abdur-Rahmaan (r) came to al-Madeenah, and the Prophet (peace and blessings of Allaah be upon him) assigned Sa'ad ibn Ar-Rabee' al-Ansaariy (r) as his brother. Sa'ad took him to his house, called for food, and they both ate. The Sa'ad said: "O my brother, I am the wealthiest of the people of al-Madeenah (in another version: "... of the Ansaar"), so look to half of my property and take it (in another version: "... and I will divide my garden in half"). Also, I have two wives (and you, my brother in Allaah, have no wife), so look to which of mine pleases you more, so I can divorce her for you. Then upon the completion of the prescribed waiting period, you may marry her." 'Abdur-Rahmaan said: "No, by Allaah, may Allah bless you in your family and your property. Show me the way to the market-place."And so they showed him the way to the market-place and he went there. He bought and he sold and he made a profit. In the evening , he came back to the people of his house with some dried milk for cooking and some ghee. After that some time elapsed, until he appeared one day with traces of saffron on his garments. The Prophet (peace and blessings of Allaah be upon him) said to him: "What is this?" He said: "O Messenger of Allaah (peace and blessings of Allaah be upon him), I have married a woman among the Ansaar." The Prophet (peace and blessings of Allaah be upon him) answered: "What did you give her for her dowry?" He answered: "The weight of five dirhams in gold." Then, the Prophet (peace and blessings of Allaah be upon him) said: "May Allaah bless you, give a feast if only with one sheep." 'Abdur-Rahmaan said: "I have seen myself in such a state that if I were to lift a stone, I would expect to find some gold or silver under it." Anas said: "I saw after his death that each of his wives inherited one hundred thousand Dinars." [Al-Bukhaaree, an-Nasaa'ee and others].

Also on the authority of Anas (r) he said: "I never saw the Prophet (peace and blessings of Allaah be upon him) sponsor such a wedding feast as the one he gave for Zainab. He slaughtered a sheep and fed everyone meat and bread until they ate no more." [Al-Bukhaaree, Muslim and others].

It is allowed to give the wedding banquet with any food which is available and affordable, even if that does not include meat. This is based on the following hadith narrated by Anas (r): "The Prophet (peace and blessings of Allaah be upon him) stayed between Khaibar and al-Madeenah for three days during which he had entered with his wife Safiya (r). Then I invited the Muslims to his Wedding feast. There was neither meat nor bread at his feast. Rather, leather eating mats were brought out and on them were placed dates, dried milk, and clarified butter. The people ate their fill." [Al-Bukhaaree, Muslim and others].

It is commendable for the wealthy to help in the preparations for the wedding feast based on the hadith narrated by Anas (r) about the Prophet's (peace and blessings of Allaah be upon him) marriage to Safiya (r): "Then, when we were on the road, Umm Sulaim (r) prepared her (Safiya) for him (the Prophet and brought her to him at night, and so the the Prophet (peace and blessings of Allaah be upon him) awoke the next morning a new bridgegroom. Then he said: "Whoever has something, let him bring it." (In another version, he said "Whoever has an excess of provisions, let him bring it.") Anas continues: "And so the leather eating mats were spread out and one man would bring dried milk, another dates and another clarified butter and so they made Hais (hais is a mixture of the above three things). The people then ate of this hais and drank from pools of rainwater which were nearby, and that was the wedding feast of the Prophet (peace and blessings of Allaah be upon him)." [Al-Bukhaaree, Muslims

The Waleemah (Wedding Feast) in Islam

The Waleemah (Wedding Feast) in Islam
By Nurul Aiman - reprinted from Mukmin.com


The waleemah is a food reception which follows the consummation of marriage, to make the marriage 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.

The companion Anas reported that the Prophet SAW saw a trace of yellow on Abd Ar- Rahman Ibn Auf, and asked what is this? He answered: "I got married". Then, the Prophet SAW said,

"May Allah make it a blessing for you. Have a waleemah, even with only a sheep." [Bukhari, Muslim, Tirmizi, Abu Dawood and Maalik]

Since marriage is such a joyful event for the whole Muslim neighborhood, playing tambourines and having decent and allowable singing are recommended during the celebration. According to Aishah (r.a), it is a sunnah of the Prophet SAW to announce a marriage and to make it in the mosque.

Once, Aishah organised a wedding feast for a woman who wed a man from Al-Ansaar. The Prophet SAW advised Aishah to do some entertainment due to the tradition of Al-Ansaar.

We must keep in mind, however, that the marriage celebrations should not violate any Islamic law. The word entertainment in the Islamic context should not be misinterpreted.

People who attend the celebrations should not mix in any un-Islamic way. Both men and women should wear proper Islamic dress during the celebration, and the songs they sing should not contain any obscene words or words that violate the Islamic code of decency and manners. Islamic standards must be upheld regardless of the type of occasion one is participating in.

Some people have begun practicing traditions which are completely against Islamic teachings. The tradition of bringing a musical band and female dancer to dance before men is prohibited in Islam. Another un-lslamic tradition is the use of a gold ring by the groom; this was prohibited by the Prophet SAW. Silver rings are allowed for men and women, while wearing gold ornament is allowed for women only.The tradition of trading rings is borrowed from other societies, and Muslims are told not to imitate non-Muslims in such traditions.

A groom should not feel obligated to have an extravagant marriage celebration, as this is a financial burden which could leave him in debt for years to follow. This could in turn discourage men from getting married. Marriage is an occasion for presenting the new family with gifts by relatives and friends. Gifts that are given with sincerity and consent strengthen the love between people.The Prophet SAW said,

"Exchange gifts, strengthen your love of one another." [Tirmizi]

One should always keep in mind the real reason behind giving gifts -- to strengthen the mutual relationships between people. Therefore, gifts should be affordable and given to others voluntarily. Unfortunately, most have forgotten this and the gifts have become burdens on those who give them; this weakens relationships between people instead of strengthening them.

People today write down what others have given them and the prices of such presents and then feel obligated to buy that person a gift equal in value. This is completely un-Islamic, and it does not follow the teachings of the Prophet SAW. Some vary in their social positions and have different financial statuses, and feeling obligated to buy a gift equal to that presented would soon end close relationships between people of different economic backgrounds. This will in turn build social barriers.

Finally, congratulations are offered to the bride by the women around her and by her relatives and friends; the groom is congratulated by other men. The best of congratulations is that reported by Abu Hurairah that the Prophet SAW said to people who got married:

"May Allah make it a blessing for you and a blessing to you, and bring you together with all that is good." [Tirmizi, Abu Dawood and Al-Hakim]

Marriage is a sacred bond between two people people. It binds not only hearts of two persons, but two distinguished extended families. Indeed, a good start in a whole new life as a husband and wife will serve as a strong foundation for the coming future.

The Basics

The Basics
A wedding without frills still keeps the thrills
(Zawaj.com Editor's note: this article was originally written for a non-Muslim wedding site, so some of the advice may not be appropriate for Muslim weddings, but it still has lots of great ideas about how to save money on a wedding.)

Marrying is pricey, but creative couples can reduce expenses without cheapening the big day. These tips can help you beat the averages as you map your matrimony.

By Adriane G. Berg

The average wedding in the United States now costs more than $15,000, according to Bride's magazine. But the two of you can beat the averages, if you're willing to be creative and do your homework. Here is a quick guide of strategies and sites to get more information:

Use the Web to plan your wedding
There are now dozens of Web sites that offer everything from tips to worksheets to links to professional consultants who can help coordinate your wedding for far less than the going rates. Here are some of the best sites that we found, with short descriptions:

Website Description Best Feature
Wedding
Channel Planner and gift registry site Allows couples to create a website
Bridal
Planner Wedding planner site Budget worksheet and help on creating calendar, gift registry and cost estimates
Bridal Tips.com Tips on all aspects of weddings Best site for general wedding advice
USA Bride Planner and gift registry site Planner timeline and honeymoon ideas
The Knot Gowns and an online planner Online wedding planner (checklist)


You also can use wedding software (which costs $30 to $75) to get a realistic idea of the total cost of your dream wedding. The best programs take you through each component, as would a high-priced wedding planner. The programs allow you to plug in costs in your area, and then calculate taxes and gratuities. They also allow you to print out the invitation list and prepare your thank-you notes. You can track gifts, register RSVPs, track accommodations and transportation for out-of-town guests and even plan showers and bachelor parties.

What these programs can't do is make your wedding truly individual and special. You have to supply the personality. Memorable weddings are all about themes, colors and surprises. The more unusual your concept, the less you'll have to spend to make the day a winner.

Know how to cut costs
Here are a few quick ideas on how to trim costs without making the event seem "cheap":

Think carefully about whom you need to invite. Make two lists, with "must-haves" and "maybes." Cut silly frills and invite more guests. Those imprinted napkins that cost 70 cents apiece go right into the garbage.
Keep the wedding dress simple. The more ornate, the more you'll have to pay for your dress. An off-the-rack wedding dress (yes, they do exist) can cost less than $200. You could use the same philosophy that the grooms and ushers have followed for years: Rent the dress. Check out the local consignment shops. At a shop in New York, I recently bought a Bob Mackie wedding dress that originally retailed for $6,000 and I had it altered to be a formal gown. I paid $55.
Plan the wedding for any day but Saturday. Saturdays are the most popular -- and expensive -- days to schedule events in ballrooms or other reception areas. Think about using a community center, a university-owned reception hall or some other less-expensive public building to stage your reception.
Plan your wedding in one of the off-peak months. Nearly 40% of each year's formal weddings occur in May and June, so everything from reception halls to catering services are more willing to negotiate fees during the non-summer, non-holiday periods.
Carefully select the types of food and drink you'll serve. Choose less-expensive entrees, such as chicken instead of beef or seafood. Pasta is a fine, less-expensive dish. On the drinks side, cases of the same beverage are cheaper than a variety of drinks. Food with a theme can be more memorable than yet another trendy buffet or a heavy sit-down dinner. Have a smaller decorated cake for the formal cutting, but then have a larger, less-expensive sheet cake to supplement for serving guests.
Compare prices of photographers and know what you really want handled by the professional. A professional photographer or video crew can run into the thousands of dollars. Have the professional photographer shoot the ceremony and the formal photos, while you have friends and guests take the candids and reception shots. If you hire a video crew, shoot only the wedding.
Consider using a disk jockey rather than live musicians. Or, if you prefer the atmosphere of live musicians, replace the expensive wedding orchestra with a chamber music trio from a music school, for a sedate, formal affair.
Use flowers that are local and in season. Special orders can run up a bill fast. Use multiple, less-expensive flowers in bouquets. If it's an outdoor wedding, you may not need any flowers other than the ones for the wedding party.
Use invitation stationery that's light enough when assembled for delivery that it doesn't require more than one stamp.

How To Help Muslims Get Married

How To Help Muslims Get Married
Tips for Parents and Imams


Sad but shocking reality: the divorce rate amongst Muslims in North America is one of the highest in the world.

According to New York-based Muslim sociologist Ilyas Ba-Yunus, Muslims in Canada and the U.S. have a divorce rate of 33 percent.

The world’s highest is the general U.S. population’s of 48.6 percent, followed by the United Kingdom’s of 36 percent.

Many assume divorce means problems began in the course of the marriage, whether it was communication breakdown or irreconcilable differences.

But there are many difficulties that lead to divorce which could have been avoided right from the beginning. This could have happened if individuals, parents, guardians and Imams had played their role right when communication between two Muslims seeking marriage began.

Below, we give you some tips and advice of what you can do:

HOW PARENTS CAN HELP:
The older woman noticed her instantly.

The twenty-something girl was an American Muslima, her white skin and Caucasian features bore testimony to that. She was perfect for her dear son Muhsin.

As she walked closer to her, she noticed the young woman talking to someone of a darker complexion.

The woman rushed up.

“Assalamu alaykum,” she said smiling at the American Muslima.

“Wa alaykum as Salaam,” replied the sister and her friend in unison, both a bit startled by the enthusiasm and ardor with which they were being greeted.
“I would like you to marry my son,” said the woman barely inches away from the American Muslima, and making no eye contact at all with her friend.

“But, but why,” she stammered.

“Because you are white and you are wearing a Jelbab. You will make a perfect wife for my Muhsin!”

(This is based on a true story, in which the ethnicity of two of the people involved has been changed

*******

While some would be surprised at the candor and bluntness of the older woman in the above-mentioned scenario, such scenes are not uncommon. Many parents seem to think approaching a prospect out of the blue will “reserve” this person for their son/daughter.

If you as a parent want to play an effective role in helping your children seek the right mate, things have to be done differently.

1.Understand your role

Your role as a mother or father is not to be the final arbiter of your child’s marriage. This may be how marriages were arranged “back home” in a Muslim country, but it is not the Islamic way. Nor is this way acceptable to most Muslims who have grown up in the West.

That said, the parents have a tremendous responsibility in the process. They:

a. suggest individuals as prospective spouses
b. thoroughly screen and check proposals, call references
c. act as the third party between the two candidates

2. Talk to your kids about what you both want

Winnipeg, Canada-based Muslim social worker Shahina Siddiqui says parents have to sit down with their kids and openly discuss what kind of husband or wife s/he is looking for.

You may live in the same household as your children and think you know them inside out, but many parents are shocked to find their kids’ ideas about who they want to marry can be drastically different from what they expected.

Marrying cousin X or Y from “back home” may just not be acceptable.

Or the nice boy or girl from the local cultural community who is highly educated and very well-off financially may be of little interest to a son or daughter because of their lack of Islamic knowledge and practice.

Open-mindedness and clear communication may reveal a side of your kids that may be hard to swallow. However, you must remember that marriage primarily affects the two people involved in the relationship. They must like the person they are marrying.

3. Clearly outline the rules of meeting a potential mate

Siddiqui says parents must set boundaries as to how and when they will meet prospective candidates.

Too often, Muslims stray by thinking seeking a mate is an excuse to engage in dating. Dating occurs when a man and woman spend time alone together. This is usually not with the intention of getting involved in a long-term or serious relationship. It is just to “have fun”. There is no little to no serious discussion of future plans and/or the intention to marry.

Dating can occur amongst two Muslims seeking marriage if they want to go out alone, with no third party present to “get to know each other”. This can also develop through hours of unnecessary phone or e-mail conversations.

Setting the boundaries of meeting a prospective mate is your responsibility as a Muslim parent.

The rules to remember include the following: the meeting must be chaperoned so the two are not alone together, both prospective partners are lowering the gaze and both are sticking to the topic in the course of discussions (for more explanation of some of these points see the article 6 Etiquettes of Seeking a Spouse at www.soundvision.com).

One suggestion Siddiqui gives in this regard is to avoid late night meetings between prospective candidates and chaperones because at the end of the day, people are tired, their defenses are down. For this kind of a meeting, all parties need to be very alert.

4. Give an allotted time for the meeting

Meetings between prospective spouses must not last for an extremely long time, like being away most of the day to meet this person. Parents should give an allotted time for the two to meet and talk.

5. Investigate thoroughly

One of the reasons for many divorces is the lack of proper investigation of a prospective marriage partner before marriage.

Parents have this heavy responsibility of finding out as much as possible about the individual who will possibly spend the rest of their life with their son or daughter.

Investigation does not mean just asking two or three family friends or community members. Deeper digging is necessary.

The case of one Imam’s daughter in the U.S. serves as a chilling example.

This Imam asked a Muslim brother to check out a boy who was seeking marriage with his daughter. On the surface, all seemed fine. But upon further investigation it was discovered that he drinks alcohol. This fact was also confirmed by two other Muslims. The mediator in this case told Sound Vision that he never would have guessed, looking at the boy, that he drinks.

Aneesah Nadir, Director of Social Services for the Arizona Muslim Family Health and Social Services in Tempe provides another good way of fact checking on a proposal.

One sister she knows received a proposal from a brother who lived in a different city. To check this prospective mate out, one of her relatives went to the mosque this person attends and observed and talked to him without him knowing he was her relative. Her relative found the brother unsuitable and let her know about this.

6. Be honest

Parents as well as individuals looking for a spouse must be honest with regards to their credentials, background and other pertinent details about their personal lives.

Inflating your son or daughter’s educational credentials, for example, will only backfire when checking reveals this is untrue.

7. Take your time

Siddiqui stresses the importance of not rushing a son or daughter into marriage. If you find someone for your son or daughter at a two-day Islamic conference, for example, and this is the initiation of the process, more time must be given to checking facts and references.

Ideally, she says references should always be asked for and checked out before meeting in person. And this goes for boys and girls.

8. Never Be pushy

(Another true story)

A young Muslim sister, practicing, Hijab-wearing, bright (she was studying at one of America’s most prestigious universities) stepped in front of a moving train in Chicago and killed herself.

Why?

Because her parents refused to listen to what she was looking for in a husband. They wanted to hand pick and completely decide who she would spend the rest of her life with.

This incident is an extreme example of the kind of pressure some parents apply to get their kids to marry the “right one”, often in complete variance with what the young man or woman is looking for.

Needless to say, this is not condoned by Islam. Neither is suicide as a way out of difficult situations.

Another form of pressure is put on those who are given a proposal. It is not uncommon to see sisters or their parents pursued by the parents of others who are interested in their son or daughter. This can even reach the level of harassment at times.

Forced marriages are not only unIslamic. They pose a danger to your children’s future, as well as that of your grandchildren. Would you want your grandchildren to experience the pain and emotional turmoil of a divorce which could have been avoided if both parties had had more say in the choice of a partner?

HOW IMAMS CAN HELP
Imams in North America do more than deliver a weekly Khutbah and lead prayer. They are, whether they and others realize it or not, responsible for their community’s emotional and psychological well-being as well.

So Imams don’t just officiate marriages. They have to become involved with them as well. This role can take three main forms.

1. Being a guardian for sisters

Alhamdulillah, a large number of those converting to Islam are women. Most of these sisters should and do seek marriage with a Muslim. The problem though, is that they don’t have the family support needed in seeking the right mate. In most cases they have been cast out of their families because of their conversion to Islam, or they just don’t want non-Muslim family members involved in their marriage decisions.

This is where you, as an Imam, must step in .These sisters need to have a third party to advise and mediate on their behalf. Being new to the Muslim community, they don’t usually know who is who and can be easily deceived. These Muslim women must be protected against abuse and deception on the part of men who may take advantage of their lack of knowledge of the community.

Imams should not wait for a sister to approach them. Once you see such a Muslima inquire discreetly if you can help in this important area of her life. She may feel shy asking you directly, so you may have to take the first step.

2. Vouching for good brothers

An Imam is a great reference for a brother who regularly attends a mosque and is Islamically involved. Helping practicing, honest and decent brothers marry with your “stamp of approval” will possibly increase their chances of getting married. Many Muslim women’s parents and third party will feel a sense of assurance if an Imam vouches for a brother than if a friend or relative does.

3. Providing the right information

The Imam is also the best person to ask to confirm someone’s Islamic practice. A brother may say he attends Mosque X in city Y, but this can only really be confirmed by the Imam there, who knows, for example who attends which prayers in congregation, who comes only at Juma or only on Eid.

As well, Imams are often asked for help by Muslims in their mosque and are keenly aware of their problems at some level. This can also help a third party seeking information about a prospective candidates who attends your mosque.

4. A note about Gheebah (backbiting)

While backbiting is generally forbidden by Islam, marriage investigations are an exception to this rule.

As an Imam, you may be told information about a person in confidence: financial problems, family abuse, drug and/or alcohol consumption, etc. While these and other problems should remain the business of the individual who has told you in general, in the case of marriage, you must provide complete information about someone you know has a problem.

If a father wants to know about the character of a brother who has proposed to his daughter, and you as an Imam know this brother does drugs, drinks, lies or steals, you must tell this father. His daughter’s life is at stake here.

Seeking the right husband or wife is something to be commended for. It is also the responsibility of the Muslim community to help those who are seeking marriage in fulfilling this Sunnah and part of our faith.

Al-Nikah: the Islamic Marriage Ceremony

Al-Nikah: the Islamic Marriage Ceremony
Mohammad Mazhar Hussaini


Mutual Agreement of Bride and Groom
Marriage (nikah) is a solemn and sacred social contract between bride and groom. This contract is a strong covenant (mithaqun Ghalithun) as expressed in Quran 4:21). The marriage contract in Islam is not a sacrament. It is revocable.

Both parties mutually agree and enter into this contract. Both bride and groom have the liberty to define various terms and conditions of their liking and make them a part of this contract.

Mahr
The marriage-gift (Mahr) is a divine injunction. The giving of mahr to the bride by the groom is an essential part of the contract.

'And give the women (on marriage) their mahr as a (nikah) free gift" (Quran 4:4)

Mahr is a token commitment of the husband's responsibility and may be paid in cash, property or movable objects to the bride herself. The amount of mahr is not legally specified, however, moderation according to the existing social norm is recommended. The mahr may be paid immediately to the bride at the time of marriage, or deferred to a later date, or a combination of both. The deferred mahr however, falls due in case of death or divorce.

One matrimonial party expresses 'ijab" willing consent to enter into marriage and the other party expresses 'qubul" acceptance of the responsibility in the assembly of marriage ceremony. The contract is written and signed by the bride and the groom and their two respective witnesses. This written marriage contract ("Aqd-Nikah) is then announced publicly.

Sermon
The assembly of nikah is addressed with a marriage sermon (khutba-tun-nikah) by the Muslim officiating the marriage. In marriage societies, customarily, a state appointed Muslim judge (Qadi) officiates the nikah ceremony and keeps the record of the marriage contract. However any trust worthy practicing Muslim can conduct the nikah ceremony, as Islam does not advocate priesthood. The documents of marriage contract/certificate are filed with the mosque (masjid) and local government for record.

Prophet Muhammad (S) made it his tradition (sunnah) to have marriage sermon delivered in the assembly to solemnize the marriage. The sermon invites the bride and the groom, as well as the participating guests in the assembly to a life of piety, mutual love, kindness, and social responsibility.

The Khutbah-tun-Nikah begins with the praise of Allah. His help and guidance is sought. The Muslim confession of faith that 'There is none worthy of worship except Allah and Muhammad is His servant and messenger" is declared. The three Quranic verses (Quran 4:1, 3:102, 33:70-71) and one Prophetic saying (hadith) form the main text of the marriage. This hadith is:

'By Allah! Among all of you I am the most God-fearing, and among you all, I am the supermost to save myself from the wrath of Allah, yet my state is that I observe prayer and sleep too. I observe fast and suspend observing them; I marry woman also. And he who turns away from my Sunnah has no relation with me". (Bukhari)

The Muslim officiating the marriage ceremony concludes the ceremony with prayer (Dua) for bride, groom, their respective families, the local Muslim community, and the Muslim community at large (Ummah)

Marriage (nikah) is considered as an act of worship (ibadah). It is virtuous to conduct it in a Mosque keeping the ceremony simple. The marriage ceremony is a social as well as a religious activity. Islam advocates simplicity in ceremonies and celebrations.

Prophet Muhammad (S) considered simple weddings the best weddings:

'The best wedding is that upon which the least trouble and expense is bestowed". (Mishkat)

Primary Requirements
Mutual agreement (Ijab-O-Qubul) by the bride and the groom
Two adult and sane witnesses
Mahr (marriage-gift) to be paid by the groom to the bride either immediately (muajjal) or deferred (muakhkhar), or a combination of both
Secondary Requirements
Legal guardian (wakeel) representing the bride
Written marriage contract ("Aqd-Nikah) signed by the bride and the groom and witnesses by two adult and sane witnesses
Qadi (State appointed Muslim judge) or Ma'zoon (a responsible person officiating the marriage ceremony)
Khutba-tun-Nikah to solemnize the marriage
The Marriage Banquet (Walima)
After the consummation of the marriage, the groom holds a banquet called a walima. The relatives, neighbors, and friends are invited in order to make them aware of the marriage. Both rich and poor of the family and community are invited to the marriage feasts.

Prophet Muhammad (S) said:

'The worst of the feasts are those marriage feasts to which the rich are invited and the poor are left out". (Mishkat)

It is recommended that Muslims attend marriage ceremonies and marriage feasts upon invitation.

Prophet Muhammad (S) said:

"...and he who refuses to accept an invitation to a marriage feast, verily disobeys Allah and His Prophet". (Ahmad & Abu Dawood)

Reprinted from Marriage and Family in Islam by Mohammad Mazhar Hussaini

The Westernized Muslim Wedding of Today

The Westernized Muslim Wedding of Today
By Reeaz H Paruk


The Western Whirlwind of Destruction which has been constantly blowing across this country for decades and undermining the morals of the Youth, of more recent times has found new victims in young men Muslim men and women who appear to be voluntarily stepping into its evil path. And whilst this "Tornado of the West" is leaving in its wake a continuous trail of crushed moral values amongst our young brothers and sisters, the parents are openly and unashamedly displaying an attitude of incredible irresponsibility by aiding and abetting the youngsters in their suicidal ventures.

Clear evidence of this gross misbehaviour can be found, for instance, at Muslim weddings and engagement parties where the type of conduct reminiscent of the western way of life is fully exercised in its most naked form, where Muslim men and women, boys and girls, act and do things that have nothing in common with the actions and doings of true Muslims. Indeed, some of the formalities which are considered indispensable (by modern standards) at these gatherings are in diametric conflict with Islam and reminiscent of the times of jahiliyyah (ignorance).

Notwithstanding the fact that western-styled garments are designed primarily to emphasize the shape of the female body and to attract the attention of members of the opposite sex, these immodest apparels are worn by Muslim women who, in anticipation of the opportunity to show themselves off at impending weddings or engagements, start making preparations on a lavish scale by acquiring the more "modern" versions of these abominably styled clothing. What is even more deplorable is the practice of equipping the bride with several of these immodestly designed suits, and subjecting her to a most humiliating display on an elaborately prepared stage after clothing her in an exquisite western wedding gown and obliterating all her natural beauty with western cosmetics. And to ensure perfection in the scrupulously observed rituals of the west, the bride is provided with a retinue of bridesmaids, flower-girls and page-boy, with their faces similarly disfigured with the same satanic object of attracting the maximum of lustful stares. Crowds of people, including fashionably dressed men, are then allowed to queue up to see the "puppet show" and quench their unholy thirsts whilst trampling under their feet all Islamic standards of modesty.

This slaughter of Islamic morals and principles by no means ends here. Some parents even go further and not only permit but actively encourage couples to meet and speak, dine and dance and roam around together in cars in blatant violation of the Sunnah of the Holy Prophet (S.A.W.). These extremely dangerous divergences from traditional Islamic precepts are becoming more and more common, and their perpetrators more and more shameless. In some Muslim weddings, even dancing forms part of these revolting innovations. In the words of Dr E.S. Sonners, ".....social dancing is fundamently sinful and evil.....It is nothing more or less than damnable, diabolical, animal, physical dissipation". It is not certainly not beyond one's imagination to think of the lustful gazes and corruption of the minds of young, impressionable audiences which such diabolical displays are bound to cause. And as an ironical prelude, some invitation cards printed to advertise these most insidious and sinful programmes are headed: "In the Name of Allah.......". What a mockery of Islamic ethics!

The following are some of the practices that are meticulously carried out during matrimonial affairs despite the fact that they are either expressly forbidden in Shariah, or have no bases in Islam:

The engaged couple meet at a public gathering where the boy holds the girl's hand and slips a ring onto her finger whilst the two look romantically at each other. This act is void of modesty and completly foreign to Islamic culture. It is furthermore, a flagrant violation of the Quranic Law of Purdah. It is an evil innovation of the godless west , and those indulging in it should take cognizance of the Prophet's stern warning that "those who imitate others will rise on the Day of Judgement as of them".
The prohibition in Islam of the gathering and free mixing of the sexes is nowhere else more flagrantly violated than at engagement and wedding feasts. Members of both sexes, young and old, are accomodated in the same tent or hall without so much as a curtain partition between them and to add insult to injury, women, including immodestly dressed young spinsters, are waited upon by men. What shameless impudence on the part of the organisers, who appear to be blissfully unaware of the tremendous responsibility which they must shoulder for the resultant decline in the moral standard of the Muslims.
Another very indecent practice copied from the west is the appearance on the stage together of the married couple after the Nikah. Here, the new husband presents his bride with a wedding ring, kisses her, and then (in a growing number of cases) allows his friends to kiss her too! and that in full view of the hundreds of guests! This is indeed the total and tragic destruction of Islamic modesty and shame.
It has become a normal thing at Muslim weddings for the bridegroom to appear before his mother-in-law to be showed with confetti and gifts of rings, ties, hankies, etc. in full view of women guests whose envious eyes and flattering tongues add to the morbidity of the whole act.
The parents take great pride in making a public display of the bride's "trousseau", and advertising all the individual items therein, thus wasting valuable time and effort which could otherwise have been more fruitfully spent in teaching the bride how to conduct herself with credit in her new responsiblities. This show (of the "trousseau") is motivated by the spiritually destructive elements of "riya"(ostentation) and "takabbur"(pride).
A large number of Nikah are performed in a specially rented hall or tent. The Mosque as a central pivot of all Muslim religious activity is often ignored. It is no exaggeration to say that many people regard a Nikah at the Musjid as "inconvient" simply because they are well aware that some of their ill-conceived western rituals are too shameless to be permitted there. However, according to the Tradition of the Prophet(S.A.W.) marriages performed in the House of Allah, immediately preceded and followed by prayers, will attract the maximum of Allah's Blessings, whereas this is not, and cannot, be the case where alternative venues are chosen with the express purpose of facilitating the performance of things Un-Islamic.
Many people are known to be labouring under the misconception that the conduction of marriages on certain specific Islamic dates is contrary to Islamic Law. Such beliefs are not only unfounded, but are also against the grain of common sense. Likewise, the notion that it is incumbent upon the bride to spend her first Ramadaan and Eid after marriage at the parents' home has no basis in Islam.
In recent years, more and more innovatory and satanic western practices have been added by the Muslim commercial elites whose coffers are bursting at the seams as a result of the inflationary trends and economic booms of the past decade. Among these are the European-orientated fashions of printing expensive, pictorially-embossed "thank you" cards, and, more despicably, the insidious practice of a male member of the family escorting the bride arm-in-arm from the comparative seclusion of her home, through the mixed crowd of envious guests, right on to the stage for the ultimate "puppet" show, and all these farcical and morbid, soul-destroying scenes being "shot" for posterity by specially appointed and professionally equipped "video and photography" teams, with a fully fledged and "high ranking" musical band in close attendance! Within the self-same decade, the progressive deterioration of the bride's wedding-day garments from bad to worse in the very latest and obnoxious "see-thru" materials has been causing grave misgivings among the Ulama , many of whom are known to have turned down invitations from close acquaintances for fear of being confronted with scenes too shameless to comprehend. Several more instances can be cited where a great deal of expense and trouble are incurred over acts that are counter-productive of Islamic ethical and moral values. It is a tragic fact that each year hundreds of thousands of Ranks are squandered in the process of upholding and intensifying these senseless, soul-destroying procedures.

"Lo! the squanderers were ever brothers of the devils, and the devil was ever an ingrate to his Lord." (xvii-27) "The best of marriage is one over which the least trouble and expense have been incurred" is a most off-flouted maxim of the Holy Prophet(S.A.W.). The Great Master's sound teachings have been thoughlessly and savagely thrown overboard and substituted by the fast-decaying cultural values of the godless west.

Someone was heard to remark at a recent wedding reception: "Here is part of the reason for the drought....and for escalating Muslim divorce rate....(to heights unknown in previous generations)....and for the downward plunge of the Muslims.... into the abyss of physical and spritual destruction....in this world and the next......"

May Allah grant Hidaayat, to one and all! Aameen

Monday, January 12, 2009