Jurisprudence and Juristic Principles

Al-Mughīrah ibn Shu‘bah (may Allah be pleased with him) reported: I went to the Prophet (may Allah's peace and blessings be upon him) and spoke to him about a woman whom I wanted to engage. So he said: "Go and look at her, for that is more likely to create love between you." I went to a woman from among the Ansār and proposed to her through her parents. I told them what the Prophet (may Allah's peace and blessings be upon him) 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 (may Allah's peace and blessings be upon him) told you to do that, then do it, otherwise I adjure you by Allah (not to do so)." It was as if she regarded that as a serious matter. I looked at her and married her. And he mentioned how well he got along with her.

Muhammad ibn Maslamah (may Allah be pleased with him) reported: I engaged a woman, so I would hide for her among palm trees that belonged to her until I saw her. It was said to him: "Did you do that despite the fact that you are a Companion of the Messenger of Allah (may Allah's peace and blessings be upon him)?" He said: "I heard the Messenger of Allah (may Allah's peace and blessings be upon him) say: 'If Allah casts the desire to engage a woman in the heart of a man, it is Okay for him to look at her.'"

‘Āmir ibn ‘Abdullāh ibn Az-Zubayr reported from his father that the Prophet (may Allah's peace and blessings be upon him) said: "Announce marriages."

Abu Mūsa al-Ash‘ari (may Allah be pleased with him) reported: The Prophet (may Allah's peace and blessings be upon him) said: "There is no marriage except with a guardian."

‘Ā’ishah, Mother of the Believers, (may Allah be pleased with her) reported: The Messenger of Allah (may Allah's peace and blessings be upon him) said: "Any woman who marries without the permission of her guardians, her marriage is void—three times—and if he consummated the marriage with her, she would be entitled to the dowry in return for his copulation with her. If a dispute arises between them, the ruler shall be the guardian of whoever has no guardian."

Ibn ‘Abbās (may Allah be pleased with him) reported that the Prophet (may Allah's peace and blessings be upon him) said: ''A previously-married woman is more entitled to give a decision about her marriage than her guardian, whereas a virgin's permission is to be sought. Her permission is her silence.''

Abu Hurayrah (may Allah be pleased with him) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: “No woman should perform the marriage of another woman, and no woman should perform her own marriage. It is an adulteress who performs her own marriage.”

Ibn ‘Abbās (may Allah's peace and blessings be upon him) reported that a virgin girl came to the Prophet (may Allah's peace and blessings be upon him) and said that her father had married her off although she hated [that marriage]. Therefore, the Prophet (may Allah's peace and blessings be upon him) gave her the choice.

Jābir ibn ‘Abdullāh (may Allah be pleased with him) reported that the Prophet (may Allah's peace and blessings be upon him) said: "If a slave marries without his master’s permission, he is a fornicator."

Ibn ‘Abbās (may Allah be pleased with him) reported: The Prophet (may Allah's peace and blessings be upon him) married Maymūnah when he was in the state of Ihrām and consummated marriage with her when he ended his Ihrām. She died in Sarif.

Yazīd ibn al-Asamm (may Allah have mercy upon him) reported: 'Maymūnah bint al-Hārith (may Allah be pleased with her) told me that the Messenger of Allah (may Allah's peace and blessings be upon him) married her when he was outside the state of Ihrām.' He added: ''She was my maternal aunt and the maternal aunt of Ibn ‘Abbās.’'

Iyās ibn Salamah reported that his father said: "The Messenger of Allah (may Allah’s peace and blessings be upon him) allowed temporary marriage for three nights in the year of the battle of Awtās, then he forbade it.”

‘Ali (may Allah be pleased with him) reported that the Prophet (may Allah's peace and blessings be upon him) said: "May Allah curse the Muhallil and the Muhallal lahu."

Abu Hurayrah (may Allah be pleased with him) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: ''Let a flogged fornicator marry none but his like.''

‘Ā’ishah (may Allah be pleased with her) reported: A man divorced his wife three times, then another man married her and divorced her before consummating the marriage with her. Her first husband wanted to remarry her, and the Prophet (may Allah's peace and blessings be upon him) was asked about that. He said: "No, not until the second husband tastes of her sweetness what the first one tasted."

Abu Hurayrah (may Allah be pleased with him) reported: Abu Hind performed cupping for the Prophet (may Allah's peace and blessings be upon him) in the middle of his head. The Prophet (may Allah's peace and blessings be upon him) then said: "O Banu Bayādah, marry off (your daughters) to Abu Hind, and ask him to marry off (his daughters) to you.' He added: 'If there is benefit in anything that you use for treatment, then it is cupping.'"

‘Ā’ishah (may Allah be pleased with her) bought Barīrah from a household belonging to the Ansār, and they stipulated that they retain the ex-slave's allegiance. The Messenger of Allah (may Allah’s peace and blessings be upon him) said: "Allegiance is pledged to the one who did the favor (of setting the slave free)." The Prophet (may Allah's peace and blessings be upon him) also gave Barīrah the choice (either to retain her marriage or break it), as her husband was a slave. She gave some meat to ‘Ā’ishah as a gift, and the Messenger of Allah (may Allah’s peace and blessings be upon him) said: "I wish you could cook this meat for us." ‘Ā’ishah said: "It was given in charity to Barīrah." He said: "It was charity to her but a gift to us."

Ad-Dahhāk ibn Fayrūz reported from his father that he said: "I said: 'O Messenger of Allah, I have embraced Islam, and I have two sisters as wives!' He said: 'Divorce whomever of them you wish.'"

Ibn ‘Umar (may Allah be pleased with him) reported: Ghaylān ibn Salamah Ath-Thaqafi embraced Islam and he had ten wives from the pre-Islamic period of ignorance, and they all embraced Islam with him. The Prophet (may Allah's peace and blessings be upon him) commanded him to choose four of them.

Ibn ‘Abbās (may Allah be pleased with him) reported: The Prophet (may Allah's peace and blessings be upon him) returned his daughter Zaynab to Abu al-‘Ās ibn Ar-Rabī‘ in marriage after six years without renewing the contract.