Here are my notes
Marriage
• Marriage is legally binding contract between man and woman establishing their intention and mutual commitment to live together according to the teachings of their faith.
• Marriage simple contractual ceremony, imam (prayer) usually present for this happy occasion. Consists of reading from Qur’an and exchange of vows in front of witnesses and prayers.
• Bride doesn’t need as long as she sends her wali or ‘marriage representative’ and two witnesses of her agreement.
• Signing of the Nikah (wedding contract) may predate couple living together and having sexual intimacies in time to come. Gives husband and wife both rights and responsibilities.
• Contract also includes dower or Mahr (wedding gifts) are usually given such as property, jewellery or money.
• Marriage is way in which Islamic society is bound together and is said to be a gift from God.
• “No institution in Islam finds more favour with God than marriage” Hadith (1:175)
• Polygamy (having up to four wives) is allowed by Qur’an but only under special circumstances.
• Men must have women’s permission to marry them, make love equally to them and treat them all equally. Must keep in contact with them so to bring up their children accordingly.
• “Marry women of your choice, two, three or four, but if you fear you will not be able to deal justly with them, then only one” Qur’an (Surah 4:3)
Divorce
• Divorce is allowed but highly disregarded; all attempts at reconciliation must have been tried and have failed.
• “Of all the things which have been permitted, divorce is the most hated by Allah” Hadith.
• Fact most marriages arranged by parent’s means are terrific social pressures for marriage to succeed hence reducing need for divorce.
• Three attempts must be made by three different people before divorce can be obtained.
• A husband can gain divorce (talaq) by repudiating wife three times and repeating the line “I divorce you” in front of three witnesses, a month in between each time.
• Must be a 3 month waiting period (Iddah) to see if wife is pregnant otherwise a divorce can be granted within as little as 31 days if husband is certain she isn’t pregnant.
• A woman receives all Mahr and is entitled to continue living at home and be treated well during the Iddah period. Is a time when both parties have chance to think again.
• If reconciliation occurs within Iddah period there is no need for remarriage.
• Women isn’t restricted to who she can marry after divorce.
• “Do not prevent them from marrying their [former] husbands if they agree among themselves in an honourable manner” Qur’an (Surah 2:232)
• Women may divorce their husbands by asking for a Khul meaning she can have her case presented to a Shari’ah Court.
• Divorce could be because of: adultery, desertion, harm by husband and breaking any part of Nikah (marriage contract).
• Women must give back Mahr if she asks for divorce as husband is innocent of any fault. However if man hasn’t behaved well to his wife, judge may decide he isn’t entitled to anything.
• “Divorced women shall wait for three monthly periods. They must not hide what Allah has created in their wombs” Qur’an (Surah 2:228-229).