The Book Of Marriage: Part 1: Ibn Hajr’s “Buloogh al-Maraam”, Explanation of Al-Fawzaan

In the name of Allaah, the Most Merciful, the Bestower of Mercy.

Title: Kitaabun-Nikaah (The Book of Marriage) from Shaikh Saalih al-Fawzaan’s explanation of Buloogh al-Maraam min Adillatil-Ahkaam of Al-Haafidh Ahmad Ibn `Alee Ibn Hajr al-Asqalaanee (Born 773H, Died 852H). Shaikh Al-Fawzaan’s tremendous explanation is entitled Tas-heel al-Ilmaam bi-fiqhil-Ahaadeeth min Bulooghil-Maraam and is printed in seven volumes. The following is a translation of this important and very enlightening chapter, adapted in places for brevity and simplicity.

Part 1.

The following is from volume 4, page 303-304.

Al-Haafidh Ibn Hajr (rahimahullaah) said:

In the name of Allaah, the Most Merciful, the Bestower of Mercy.

Kitaab an-Nikaah [The Book of Marriage]

From the explanation of the Shaikh, the `Allaamah, Saalih Ibn Fawzaan al-Fawzaan (hafidhahullaah):

The term Nikaah in the language is Ikhtilaat: To mix two things together. The well-known contract or covenant that takes place between a man and woman: that is refered to as a Nikaah and a union because of the fact that what is mentioned in the Qur’aan from the mention of the term Nikaah, then its intent is a covenant.

Nikaah can also refer to al-wat’u (i.e. sexual relations) because the covenant between a man and a woman permits that. Nevertheless, in both the language and in general usage the term Nikaah refers to a covenant. Allaah, the Most High, stated:

“And do not consummate the contract of Nikaah (`uqdatun-nikaah) until the waiting period prescribed is fulfilled.” [al-Baqarah: 235]

Also the Messenger (salallaahu `alaihi wassallam) said:

“A person in Ihraam (for Hajj or `Umrah) cannot get married (yankihu), nor can he marry someone off, nor can he propose.” [Reported by Muslim, 1409]

So the intent here by Nikaah is a covenant. So a person in Ihraam cannot contract a marriage, not for himself and not for others.

The subject of marriage in Islaam is a mighty affair – Allaah ordained it and commanded with it. The Messenger (salallaahu `alaihi wassallam) commanded with it due to what it contains of benefits, such as the building of a family, and what it contains of mutual benefits of the union between a husband and wife; and what it contains of morality and chastity; and controlling the eyes from gazing and straying; what it contains of of preserving the lineage and the continuation of it and it spreading.

So marriage in Islaam is a mighty institution upon which are established tremendously important benefits that are not hidden. So the Nikaah is a mighty covenant without any doubt, encompassing benefits for the husband and wife, for the family and for the Ummah. These benefits between the couple bring about harmony, companionship, and tranquility in living together – and by that the fulfilment of sexual desires, preservation of the private parts and lowering of the gaze, as is mentioned in the narration to come. So by the Nikaah the family is built, increase in the lineage and offspring which in turn strengthens the Muslim society and community; by way of it cooperation between the spouses is brought about in the affairs of life. So the husband works hard, expending his efforts and spending upon his wife and family. And the wife looks after the affairs of the house – so each of them performs a duty not performed by the other. And from this results offspring by way of whom Allaah benefits the parents and the Ummah – so it that they are huge benefits. For this very reason, marriage is mentioned in various places throughout the Qur’aan and Allaah encourages with it:

“So marry women of your choice, two, three or four, but if you fear that you will not be able to deal justly with them, then marry only one. Or with the captives you possess.” [An-Nisaa: 3]

“And marry those amongst you who are single, and the righteous of your male and female servants. If they be poor, Allaah will enrich them out of His bounty.” [an-Noor: 32]