Rules regarding Matrimony                             

Marriage and Matrimony

Rules regarding Borrowing and Lending (Ariyah)

2353. Ariyah means that a person gives his property to another person for use without asking anything in exchange.

2354. It is not necessary in the case of Ariyah that a formal formula be pronounced. So, for example, a person gives a dress to someone with the intention of lending, and he takes it with the intention of borrowing, it is in order.

Rules regarding Deposit or Trust

(Amanat)

2336. When a person gives his property to another person, and tells him that it is deposited in trust, and the latter accepts it, or without uttering a word, by a simple conduct, the depositor and the receiver both understand and accept the intention, then they must follow the rules of trust or Amanat as will be explained later.

Rules regarding Personal Guarantee for Bail

(Kifalat)

2331. Personal surety or security means that a person takes the responsibility for the appearance of a debtor, as and when the creditor asks for him. A person who accepts such a responsibility is called Kafeel (guarantor).

Rules regarding Surety (Zamanat)

2319. If a person wishes to stand surety for the repayment of the debts of another person, his act in this behalf will be in order, only when he makes the creditor understand by his words in any language, that he undertakes the responsibility for the repayment of the debt, and the creditor also accepts the deal. It is not necessary that the debtor, too, should be agreeable.

Rules regarding Mortgage (Rahn)

2309. Mortgage means that a person effects a conveyance of property to another person as security for money indebted, with a proviso that if that debt is not paid, the creditor may pay himself out of the proceeds of that property.

Rules regarding Hawala

(Transferring the Debts etc.)

2298. If a debtor directs his creditor to collect his debt from the third person, and the creditor accepts the arrangement, the third person will become the debtor. Thereafter, the creditor cannot demand his debt from the first debtor.

Rules regarding Debt or Loan

To give loan is among the things which are Mustahab, on which great emphasis has been laid in the Holy Qur'an and in the Traditions (Ahadith). The Holy Prophet has been reported to have said that whoever gives loan to his Muslim brother, his wealth flourishes, and the angels invoke Divine mercy for him, and if he is lenient with his debtor, he will pass over the Bridge (Sirat) swiftly. And if a Muslim denies his brethren-in-faith a loan, Paradise becomes forbidden (Haraam) for him.

Rules regarding agency (Wakalat)

Wakalat means that a person delegates somebody a task, which he himself had a right to do, so that the other person may perform it on his behalf. For example, one may appoint another person to act as one’s agent for the sale of a house, or for a marriage contract. Since a feeble – minded person, who squanders his property for useless purposes, and a person who has been prohibited by the Mujtahid to dispose of or have discretion on his property, he cannot appoint an agent (Wakil) to sell it.

Persons who have no right of disposal over their own property

2260. A child who has not reached the age of puberty, (Bulugh), has no right of discretion over the property he holds or owns, and the signs of him/her reaching the age of puberty are:

1.A boy becomes Baligh upon completion of his 15 lunar years, whereas a girl become Baligha upon completion of her 9 lunar years.
2.When stiff pubic hair grows.
3.When he discharges semen.