These are eight things. The first, marriage, is the root and rest are
consequences. Each has a linguistic meaning and usage which we will
mention in its proper place. Marriage (nikah) linguistically means
intercourse and is used as a metaphor for the contract. In technical usage,
it is actual for the contract and metaphorical for intercourse. It is used in
custom to mean to mean intercourse as the Almighty says, “Until she
marries a husband other than him,” (2:230) and so it is known from this
that nakaha is used for intercourse between any man and woman.
Marriage in the sense of intercourse is only permitted in the Shari’a by
one of two matters: the contract of marriage or ownership by the words of
the Almighty, “those who guard their private parts – except from their
wives or those they own as slaves, in which case they are not
blameworthy.” (23:5-6) Marriage has four pillars: the wali, the place, the
form and the obligatory dower.
ABOUT THE AUTHOR
Ibn Abī Zayd (922–996), fully Abū Muḥammad ʿAbd Allāh ibn Abī Zayd ʿAbd al-Raḥmān al-Nafzawī ibn Abī Zayd al-Qayrawanī, was a Maliki scholar from Kairouan in Tunisia and was also an active proponent of Ash’ari thought. His best-known work is Al-Risala or the Epistle, an instructional book devoted to the education of young children. He was a member of the Nafzawah Berber tribe and lived in Kairouan. In addition, he served as the Imam (spiritual leader) of one of the mosques that followed the Maliki School tradition. Based on what he wrote in his Risalah regarding the creed, there were many alignments with the Ashari creed. Ibn Abi Zayd notably defended the ashari school in his epistle entitled “Al-Radd ala al-Qadariyya wa Munaqada Risala al-Baghdadi al-Mutazili,” a refutation of the attacks of the MutaziliAli ibn Isma`il al-Baghdadi.
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