Allah, the Most High, has clarified the rulings of marriage in the Qur’an and the Sunnah in order to preserve lineage, protect honor, prevent harm, and establish justice between spouses. Marriage in Islam is not merely a relationship; rather, it is a legislated contract (’aqd) with specific conditions and requirements that must be fulfilled for it to be valid.
This page gathers what three books say about what makes a marriage valid: The Book of Marriage by Shaykh Muhammad ibn Salih al-Uthaymeen, Tafsir as-Sa’di by Shaykh ‘Abdur-Rahman ibn Nasir as-Sa’di, and Rulings Pertaining to Muslim Women by Shaykh Salih al-Fawzan.
Shaykh Muhammad ibn Salih al-Uthaymeen defines marriage in The Book of Marriage, from his Explanation of Bulugh al-Maram:
According to the definition in Shariah law, it is a meeting between a male and a female in a designated manner. This manner is designated by Shariah in the form of the marriage contract with certain conditions.
This shows that marriage is not based on desire alone, but upon structure, responsibility, and purpose.
Removal of the Practices of Ignorance
Before Islam, the people of pre-Islamic ignorance practiced oppression in marriage. A woman could be inherited, prevented from marrying, or forced into marriage against her will. A man could harm his wife to reclaim what he had given her.
Allah forbade all of this and established justice.
Allah said:
“O you who believe, it is not lawful for you to inherit women against their will… but live with them in kindness.”
(Surah an-Nisa 4:19)
This verse establishes two key foundations:
- Marriage must not be forced or oppressive
- The relationship must be built upon kindness
Shaykh ‘Abdur-Rahman ibn Nasir as-Sa’di explains that living with them in kindness includes:
- Good speech
- Good companionship
- Proper spending
- Avoiding harm
Kind Treatment Within Marriage
Allah also said:
“If you take a dislike to them it may be that you dislike a thing, and Allah brings about through it a great deal of good.”
(Surah an-Nisa 4:19)
This shows that the husband is commanded to be patient and not rush to separation due to dislike. From the explanations:
- A person may develop better character
- Dislike may turn into love
- A righteous child may result
However, this is restricted:
If harm occurs, then remaining is not required.
The Obligation of the Dowry (Mahr)
Allah said:
“And give the women [on marriage] their dowry graciously…”
(Surah an-Nisa 4:4)
From the explanation of Shaykh ‘Abdur-Rahman ibn Nasir as-Sa’di:
- The dowry is obligatory
- It belongs fully to the woman
- It must be given sincerely, not with resentment
If she gives something from it willingly, then it becomes permissible for the husband.
Chastity as a Condition
Allah said:
“They should be chaste, not given to committing fornication or having illicit relationships.”
(Surah an-Nisa 4:25)
And He said:
“[Lawful to you in marriage] are chaste women who are believers and chaste women among those who were given the scripture before you…”
(Surah al-Ma’idah 5:5)
This establishes that marriage must be:
- Based on chastity
- Free from immorality
- Not a cover for unlawful relationships
Lawful Choice in Marriage
Allah said:
“…you may marry other women who seem good to you, two or three or four…”
(Surah an-Nisa 4:3)
And He forbade marriage with:
- Those who commit shirk until they believe
- Those who persist in immorality
Shaykh as-Sa’di gathers the prohibited degrees of 4:23-24 in one summary:
“These verses include those who are mahram (prohibited for marriage) through blood ties, through breastfeeding (from a foster-mother) and through marriage, as well as combinations of relatives to whom marriage at the same time is prohibited. They also describe which women are permissible for marriage.”
Of these combinations, the Prophet ﷺ forbade joining a woman with her aunt. Abu Hurayrah narrated that he said:
“One should not combine a woman, her paternal aunt, nor between a woman and her maternal aunt in marriage.”
(Related by Bukhari and Muslim: Bukhari (5109), Muslim (1408), Tuhfat Al-Ashraf (13812).)
Shaykh Ibn ’Uthaymeen explains:
“This indicates the forbiddance of the simultaneous marriage of a woman and her paternal aunt because this woman will be the niece of the other woman, “nor a woman and her mother’s sister in marriage” because the wife will be the niece of her aunt. Thus, it is not allowed to combine them in marriage.”
This shows that marriage is restricted to what is:
Lawful
Pure
Upright
Marriage in Cases of Hardship
Allah also permitted marriage under specific conditions when hardship exists:
“Marry them with the permission of their masters, and give them their dowries, according to what is reasonable.”
(Surah an-Nisa 4:25)
This shows:
- Permission is required
- Compensation (dowry) must be given
- He cannot afford a free woman, and fears falling into sin
Conditions From the Sunnah
From the Sunnah, the Prophet ﷺ clarified the essential conditions of a valid marriage.
He said:
“There is no marriage except with a guardian.”
(Related by Ahmad and the four Imams, graded as Sahih by Ibn Al-Madini, At-Tirmidhi, Ibn Hibban: Al-Musnad (4/413), Abu Dawud (2085), At-Tirmidhi (1101), Ibn Majah (1881), Ibn Hibban (4077), Al-Baihaqi (7/108).)
And he said:
“Whichever woman marries without the permission of her guardian, her marriage is (Batil) invalid.”
(Related by the four Imams except An-Nassa’i, and graded as Sahih by Abu ‘Awana, Ibn Hibban and Al-Hakim: Ahmad (6/47), Abu Dawud (2083), At-Tirmidhi (1102), Ibn Majah (1879), Ibn Hibban (4074), Al-Hakim (2/182).)
And in another narration:
“There is no marriage except with a guardian and two witnesses.”
(Hadith 983 in The Book of Marriage, which notes: the narration with the addition of the two witnesses is a weak one; the first narration, ‘There is no marriage except with a guardian,’ is Sahih.)
In his explanation of this hadith, Shaykh Ibn ’Uthaymeen draws out its benefits. The first benefit states the condition itself:
“Nikāh is not lawful without a guardian. The presence of the guardian must be stipulated for the lawfulness of nikāh…”
The second benefit states who the guardian must be:
“The guardian must be one of the blood relatives of the woman. A disbeliever cannot act as a guardian for a Muslim woman, even if he is her father.”
Publicizing the marriage is also commanded in the Sunnah. ‘Amir ibn ‘Abdullah ibn az-Zubair narrated from his father that the Prophet ﷺ said:
“Publicize the marriage.”
(Related by Ahmad in Al-Musnad (4/5), Al-Bazzar (2214) and Ibn Hibban (4066); Al-Haithami (4/289) said the narrators in Al-Musnad are trustworthy; also authenticated by Al-Hakim (2/200).)
Shaykh Ibn ’Uthaymeen explains why:
“One of the benefits of publicizing marriage is to differentiate between it and fornication. Fornication is made in secret, but marriage is made in public.”
And he joins publicizing to the witnesses:
“Pay heed that marriage is perfect when it is publicized along with witnesses [to the contract].”
From the explanation in Bulugh al-Maraam, Shaykh Ibn ’Uthaymeen clarifies:
- The presence of a guardian (wali) is a condition for validity
- Publicizing the marriage is commanded, and the contract is witnessed so that the marriage is confirmed and known.
- Marriage must not be secret
The Woman’s Consent
The summary below lists the consent of both the man and the woman among the essential conditions. Shaykh Salih al-Fawzan sets out how the woman’s consent is taken in his book Rulings Pertaining to Muslim Women, in his chapter on marriage and divorce, where he takes up the question of taking a woman’s opinion about her marriage. He opens:
The woman who is to be married is of three types. She can either be under the age of puberty and a virgin, or above the age of puberty and a virgin, or she may not be a virgin. For each woman, there is a separate ruling:
Of the first case, he writes:
As for the virgin under the age of puberty, there is no disagreement between the scholars that her father can marry her to someone without her consent - as consent in her case is not conceivable. This is because Abu Bakr as-Siddeeq, may Allah be pleased with him gave his daughter ‘A’isha, may Allah be pleased with her in marriage when she was six years old, and the marriage was consummated when she was nine years old. Agreed upon.
Of the second case, he writes:
As for the virgin who is above the age of puberty, she should not be married off except with her consent - and her consent is her silence, in accordance with the statement of the Prophet, may the peace and blessings of Allah be upon him: ‘The virgin should not be married off until her permission is sought.’ They said: ‘O Messenger of Allah, how is her permission sought?’ He replied, ‘If she remains silent.’ Agreed upon. So it is necessary to seek her consent, even if her father is arranging her marriage, according to the most correct conclusion of the two opinions of the scholars.
Ibn al-Qayyim stated in al-Hadi [5/96]:
This is the position of the majority of the Salaf and the Madhhab of Abu Haneefah and Ahmad in one of his narrations, and this is the conclusion by which we worship Allah and do not believe in any other. This position is in accordance with the ruling of the Messenger, may Allah bless him and grant him peace, his orders, and his prohibitions.
Of the third case, he writes:
As for the deflowered woman, she should not be married off unless her consent is sought. Her consent, unlike that of a virgin, must be verbal.
And he gives the words recorded in al-Mughni [6/493] on why her consent must be spoken:
As for the deflowered woman, we are unaware of any disagreement among the scholars that her consent is verbal. This is proven by narrated accounts, and by the fact that the tongue is the instrument by which what is in the heart is expressed, and it is the thing that is regarded in any situation where approval is stipulated.
He also quotes Shaykh al-Islam Ibn Taymiyyah, from Majmu’ al-Fataawa [32/39-40], who ties the three cases together and states the guardian’s duty in the choice:
It is not acceptable for anybody to marry off a woman without her consent, as ordered by the Prophet, may the peace and blessings of Allah be upon him. If she is forced to marry, she is not obligated to marry unless she is a virgin under the age of puberty, as her father can marry her off and there is no consent for her. As for the adult woman who is not a virgin, it is not permissible for her to be married off without her consent, neither by her father nor anybody else, according to the consensus of the Muslims (the Scholars). In the same way, it is not permitted to give an adult virgin in marriage by other than her father and her grandfather, without her consent by the consensus of the Muslims. As for her father or her grandfather, it is appropriate that they seek her consent. The scholars have differed regarding whether their seeking of her consent is obligatory or mustahabb (preferred) for them; and the correct position is that it is obligatory. It is obligatory upon the guardian of a woman to fear Allah when he chooses whom to give her in marriage, and he should check the (prospective) husband to ascertain whether he is suitable or not for the girl, as he is conducting the marriage for her benefit and not for his own benefit.
Ibn al-Qayyim’s al-Hadi, al-Mughni, and Ibn Taymiyyah’s Majmu’ al-Fataawa are quoted here as Shaykh al-Fawzan records them in his book, which is in this site’s library; the statements above are his quotations of them, given in his words.
The Conditions of a Valid Marriage
Shaykh Ibn ’Uthaymeen opens his chapter on the conditions of nikah by defining a condition of a contract:
“The condition of a contract is that upon which the validity of the contract is based. The contract will be unlawful if this condition is not fulfilled.”
His example is the guardian in marriage:
“Also, the existence of a guardian in marriage is a condition that makes the contract valid.”
From the Qur’an and Sunnah, as clarified in the explanations, a valid marriage must include:
Essential Conditions:
- A guardian (wali)
- Two witnesses
- Consent of both the man and the woman
Required Elements:
- A dowry (mahr)
- Lawful eligibility (no prohibited relationships)
- Chastity
Required Characteristics:
- Conducted openly, not secretly
- Free from immorality
- Based on responsibility and good treatment
Marriage as a Regulated Contract
From the explanations of Shaykh Ibn ’Uthaymeen:
Marriage is not valid without fulfilling its conditions
It is not based on emotion alone
It must meet the requirements set by Allah and His Messenger ﷺ
If these conditions are not met, the marriage is invalid, even if people consider it acceptable.
Key Lessons
- The conditions of a valid marriage in Islam are clearly defined in the Qur’an and the Sunnah.
- They were legislated to remove oppression, preserve dignity, and establish justice between spouses.
- Marriage is a contract, a responsibility, and a system built upon purity and clarity.
- It is not left to personal desire or cultural practice.
These rulings are from the mercy of Allah, and understanding them is a sign of knowledge. Acting upon them leads to stability in families and righteousness in society. And Allah knows best.
References
The Book of Marriage, from the Explanation of Bulugh al-Maram, by Shaykh Muhammad ibn Salih al-Uthaymeen, Maktabatulirshad Publications USA, First Edition, February 2017, trans. Mustafa Lamei ‘Abdul Hakim al-Misri: Definition of marriage, printed p. 15; Publicizing the Nikah, Hadith 936, printed pp. 159-162; the condition of a wali, Hadith 937, printed pp. 163-168; Hadith 983, printed p. 169; marriage without the guardian’s permission, Hadith 938, printed p. 170; marrying a woman together with her paternal aunt, her maternal aunt, and her sister at the same time, Hadith 992, printed pp. 220-221; Nikah Conditions, printed p. 236.
Tafsir as-Sa’di, by Shaykh ‘Abdur-Rahman ibn Nasir as-Sa’di, International Islamic Publishing House (IIPH), English Edition 1, 2018, trans. Nasiruddin al-Khattab, edited by Huda Khattab: Vol. 2 (Juz 4-6), on Surah An-Nisa 4:3, 4:4, 4:19, 4:23-24, and 4:25, and Surah Al-Ma’idah 5:5.
Rulings Pertaining to Muslim Women, by Shaykh Salih al-Fawzan, Darussalam, Second Edition, June 2003, ISBN 9960-347-29-5, trans. Burhan Loqueman: Marriage and Divorce chapter, “Taking the opinion of a woman about her marriage”, printed pp. 111-114: the three types of woman and the consent ruling for each, Ibn al-Qayyim in al-Hadi, al-Mughni on the verbal consent of the previously married woman, and Ibn Taymiyyah in Majmu’ al-Fataawa on consent and the guardian’s duty, all as quoted in his book.
The book prints the divine name as “Allaah”; on this page it is spelled “Allah”, by the site’s spelling decision.
Further Reading
- The Purpose of Marriage in Islam: why marriage exists and what it is for
- Does Islam Allow Forced Marriage?: consent in marriage, and the ruling on forcing a woman
- How Do You Choose a Righteous Spouse in Islam?: choosing a husband or wife by religion and character
- The Mahr in Islam: the dowry that is one of the contract’s own conditions
- Child Marriages in Islam: the first case of the consent ruling and the scholars’ consensus on it, in full
Verified on 2026-10-26 against the books listed above.