Analytical Study regarding View Point of Ulama’s on Different Forms of Marriage Contracts in Present Era
عصر حاضر میں نکاح کی مروجہ صورتیں ؛ علماء کی آراء کا تجزیاتی مطالعہ
This study intends at presenting the Islamic judgment on few debatable new forms of marriages such as; Al-Misyar, Marriage over Phones, Marriages on internet and friends’ marriages and also few other forms, wherein, the exact legal conditions of the marriage contract and its essentials in the light of Islamic jurisprudence has been demonstrated. This study not only shows forms of marriages which are in accordance with the spirit of Islamic Fiqh and the legal common contracts; but also highlights some other forms of marriages, wherein, the illegality is involved and denial of the Islamic Scholars is also evident. To tell the truth, the essence of Marriage contract in Islam is basically to protect the family relationships ties from all possible evils. It is of prime importance for every Muslim irrespective of the gender to be aware and vigilant about any mistrust & to consult Ulamas in any undesirable situation. The study tries to explain why Islam emphasized Muslims to enter into Marriage contracts, anticipating it as the strongest bond. This study has provided few findings and recommendations about different forms of marriages such as out of the three forms marriage over telephone, the one wherein only partners without the presence of witnesses offers and accepts the proposal is considered illegal unanimously. Although marriage over internet is established yet it is desired that the same should be avoided as far as possible. The prevalent paper marriage is against the spirit of fiqh as it involves cheating. Due to possible arising of social concerns, marrying a woman from ahl-e-kitab is also not desirable. Tourist marriage is legal however the same is also unwanted as it is not in harmony with the rules of Fiqh. In the early days of Islam Muta’a Marriage was allowed, however the same has then been declared as haram and is still forbidden. Al-Misyar is legal, however the same is not in line with the principles of Fiqh but in order to avoid social distortion and in extreme need the same is allowed to be executed. Friend’s marriage is no alternative to common marriage nor it is in line with the principles of Fiqh, however the same is legal. As marriages and divorce in dramas are executed among supposed characters so the rules of marriage are not bound to apply however the same should be avoided as far as possible.