Performing the marriage contract between the two festivals
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Fatwa number ( 19802 )
Q: I am a young man at the beginning of my life who has proposed to a girl. After a period of engagement, I decided to perform the marriage contract in the period between the two festivals. However, I encountered a problem, as my fiancée’s relatives spread among themselves that it is not permissible to get married during this period. Consequently, my fiancée’s father was forced to ask the imam of a mosque, and the latter answered him that it is not permissible from the perspective of the Shari'ah. On my part, I asked another imam, and he answered me with the opposite of what the first imam answered.
The matters became confused for me, so I wrote to you. I have every hope of receiving a comprehensive answer to my question, supported by Prophetic hadiths or the consensus of scholars, so that I may be able to convince the fiancée’s family, because I am certain of the permissibility of marriage between the two festivals, but I do not have the scriptural evidence for it.
A: A person may contract marriage with his wife and consummate it on any day of the year, unless he is in the state of ihram for 'Umrah or Hajj, in which case it is forbidden for him during his ihram to contract marriage for himself or for another. As for preventing the marriage contract between 'Id al-Fitr and 'Id al-Adha, or on any other days, there is no basis for it in the Shari'ah. Rather, it is established from the action of the Prophet (peace and blessings be upon him) that he married 'A'ishah in Shawwal and consummated the marriage with her in Shawwal. This is indicated by what the Imam Muslim and others narrated, from 'Urwah (may Allah be pleased with him), from 'A'ishah (may Allah be pleased with her), who said:Sahih Muslim 1423a And al-Tirmidhi and Imam Ahmad in his (Musnad)
and al-Nasa'i and Ibn Majah narrated the same. And 'A'ishah (may Allah be pleased with her) used to recommend that women enter upon their husbands in Shawwal; following the Sunnah of the Messenger (peace and blessings be upon him) and negating what was the practice of the pre-Islamic age of ignorance. And what some of the common people and the ignorant imagine regarding the dislike of contracting marriage and consummating it in Shawwal is false, having no basis. Rather, it is from the customs of the pre-Islamic age of ignorance, where they took an omen as a bad sign from it; because of the meaning of lifting and raising in the name of Shawwal. And Ibn Sa'd said in al-Tabaqat: They disliked it because of a plague that occurred in it, and that was taking an omen as a bad sign and superstition regarding this month. A person should follow what came in the Book of Allah and the Sunnah of His Prophet (peace and blessings be upon him) and his Companions after him, for in that is all good. And he should leave what contradicts that, and stay away from the customs of the pre-Islamic age of ignorance and the sayings of the ignorant, and not pay attention to them. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: I am a young man at the beginning of my life who has proposed to a girl. After a period of engagement, I decided to perform the marriage contract in the period between the two festivals. However, I encountered a problem, as my fiancée’s relatives spread among themselves that it is not permissible to get married during this period. Consequently, my fiancée’s father was forced to ask the imam of a mosque, and the latter answered him that it is not permissible from the perspective of the Shari'ah. On my part, I asked another imam, and he answered me with the opposite of what the first imam answered.
The matters became confused for me, so I wrote to you. I have every hope of receiving a comprehensive answer to my question, supported by Prophetic hadiths or the consensus of scholars, so that I may be able to convince the fiancée’s family, because I am certain of the permissibility of marriage between the two festivals, but I do not have the scriptural evidence for it.
A: A person may contract marriage with his wife and consummate it on any day of the year, unless he is in the state of ihram for 'Umrah or Hajj, in which case it is forbidden for him during his ihram to contract marriage for himself or for another. As for preventing the marriage contract between 'Id al-Fitr and 'Id al-Adha, or on any other days, there is no basis for it in the Shari'ah. Rather, it is established from the action of the Prophet (peace and blessings be upon him) that he married 'A'ishah in Shawwal and consummated the marriage with her in Shawwal. This is indicated by what the Imam Muslim and others narrated, from 'Urwah (may Allah be pleased with him), from 'A'ishah (may Allah be pleased with her), who said:
The Messenger of Allah (peace and blessings be upon him) married me in Shawwal, and consummated the marriage with me in Shawwal. Which of the wives of the Messenger of Allah (peace and blessings be upon him) was more favored by him than I? He said: And 'A'ishah used to recommend that women enter upon their husbands in Shawwal
تزوجني رسول الله -صلى الله عليه وسلم- في شوال، وبنى بي في شوّال، فأي نساء رسول الله -صلى الله عليه وسلم- كان أحظى عنده مني؟ قال: وكانت عائشة تستحب أن تدخل نساءها في شوالand al-Nasa'i and Ibn Majah narrated the same. And 'A'ishah (may Allah be pleased with her) used to recommend that women enter upon their husbands in Shawwal; following the Sunnah of the Messenger (peace and blessings be upon him) and negating what was the practice of the pre-Islamic age of ignorance. And what some of the common people and the ignorant imagine regarding the dislike of contracting marriage and consummating it in Shawwal is false, having no basis. Rather, it is from the customs of the pre-Islamic age of ignorance, where they took an omen as a bad sign from it; because of the meaning of lifting and raising in the name of Shawwal. And Ibn Sa'd said in al-Tabaqat: They disliked it because of a plague that occurred in it, and that was taking an omen as a bad sign and superstition regarding this month. A person should follow what came in the Book of Allah and the Sunnah of His Prophet (peace and blessings be upon him) and his Companions after him, for in that is all good. And he should leave what contradicts that, and stay away from the customs of the pre-Islamic age of ignorance and the sayings of the ignorant, and not pay attention to them. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.