📖Islamic Practical Laws: Comparative study of Islamic Jurisprudence📖

✅Marriage Contract and its Conditions according to the Five Schools of Islamic Law

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📖Islamic Practical Laws: Comparative study of Islamic Jurisprudence📖

✅Capacity to Enter into a Marriage Contract according to the Five Schools of Islamic Law

All the schools agree that sanity and adulthood (bulugh) are necessary qualities for both the parties to the contract, unless the contract is concluded by the guardian of any of them.

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📖Islamic Practical Laws: Comparative study of Islamic Jurisprudence📖

✅Claim of Marriage according to the Five Schools of Islamic Law

If a man claims having married a woman and she repudiates the claim, or the woman claims so and the man repudiates it, the burden of proof will lie on the claimant and the party negating the claim will take an oath.

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📖Islamic Practical Laws: Comparative study of Islamic Jurisprudence📖

✅The Prohibited Degrees of Female Relations (al-Muharramat) according to the Five Schools of Islamic Law

One of the conditions of a valid marriage contract is that the woman be free from all legal obstacles, which means that she be competent to contract marriage. The restrictions are of two kinds: the prohibition due to consanguinity and those due to other causal factors.

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📖Islamic Practical Laws: Comparative study of Islamic Jurisprudence📖

✅Consanguinity Between Wives a prohibited degree of female relations according to the five schools of Islamic Law

The schools concur that combining two sisters in marriage at the same time is forbidden according to this verse of the Qur'an:

وَأَنْ تَجْمَعُوا بَيْنَ الْأُخْتَيْنِ
...And that you should have two sisters together... (4:23)

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📖Islamic Practical Laws: Comparative study of Islamic Jurisprudence📖

✅Fornication (al-Zina) making the marriage haram according to the five schools of Islamic law

The Imamiyyah have observed: He who commits fornication with a woman or establishes sexual contact with her by mistake, while that woman is either married or is observing the 'iddah period as a result of a revocable divorce, she would become haram for him permanently, i.e. it is forbidden for him to marry her even if she separates from her husband as a result of an irrevocable divorce or death.

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📖Islamic Practical Laws: Comparative study of Islamic Jurisprudence📖

✅Number of Wives; A Prohibited Degrees of Female Relations according to the five schools of Islamic law

The legal schools concur that it is permissible for a man to have four wives at a time, but not a fifth as per the verse:

فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ مَثْنَىٰ وَثُلَاثَ وَرُبَاعَ
... Then marry such women as seem good to you, two and three and four... (4:3)

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📖Islamic Practical Laws: Comparative study of Islamic Jurisprudence📖

✅Li'an the 5th thing prohibiting the marriage according to the five schools of Islamic law

When a man accuses his wife of adultery or denies the paternity of her child, and she denies the charge and he has no proof to offer, it is permissible for him to pronounce the lian against her.
The method of taking the oath of condemnation is that, first the man swears by Allah four times that he is indeed speaking the truth in accusing her, and the fifth time that the curse of Allah fall on him should he be lying. Then the woman will swear four times by Allah that he is lying, and the fifth time that the wrath of Allah be on her if he be speaking the truth.

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📖The Fast of Ashura📖

🍃Some traditions are found in Sunni books to the effect that the Prophet (s.a.w.) on migrating to Medina found the Jews fasting on the 10th of Muharram.🍃

Some traditions are found in Sunni books to the effect that the Prophet (s.a.w.) on migrating to Medina found the Jews fasting on the 10th of Muharram. He asked them why, and was told: "It is an auspicious day; it is the day when God delivered the children of Israel from their enemy (i.e. Pharaoh); and, therefore, Moses fasted on that day." The Prophet (s.a.w.) said, "I am worthier of Moses than you are." Thereupon, he fasted on that day and ordered (the Muslims) to fast.
1. al-Sahih of al-Bukhari, Vol.3; Egypt ed.; p.54
2. Mishkatul-Masabih; Delhi ed.; 1307 A.H.; p.l72
It is noted by the commentator of Mishkatul-Masabih that "it was in the second year, because in the first year the Prophet had arrived at Medina after 'Ashura, in Rabi'ul-awwal."
How much importance was this fast supposed to have may be judged from another tradition narrated in al-Sahih of. al-Bukhari: "The Prophet (s.a.w.) ordered a man from the (tribe of) Aslam: Announce to the people that whoever has eaten should fast the rest of the day, and whoever has not eaten should fast (the whole day), because today is the 'Ashura (10th day of Muharram)."
That very year the fast of Ramadan was ordained and the obligation to fast on 'Ashura was abrogated, as has been claimed in other traditions narrated in the same book. Still, reportedly, it carries much importance as a voluntary fast.
Now let us look closely at these traditions:
First: The Jews had their own calendar and months. There is no logic in saying that they fasted on the 10th of Muharram - unless it could be proved that this date always coincided with a Jewish day of fast.
It was mentioned in my article, "Martyrdom of Imam Husayn and the Muslim and the Jewish Calendars" (Alserat, Vol.VI, No's 3 & 4; Muharram 1401 Nov.1980) that the first month of the Jews (Abib, later named Nisan) coincided with Rajab of the Arabs. W.O.E.Oesterley and Theodore H.Robinson have written that in Arabia "the most important of all the new-moon festivals was that which fell in the month of Ragab (sic), equivalent to the Hebrew month 'Abib, for this was the time when the ancient Arabs celebrated the Spring festival." (Hebrew Religion; S.P.C.K., London; 1955; p.128)

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