if he wishes and decides to do so, through a new marriage contract. He is not compelled to do this by judicial ruling; rather, it is a matter of moral scrupulousness, righteousness, and fear of Allah Most High. Another opinion holds that the marriage is annulled, whether before or after consummation, if these circumstances become known and are established. This is Ibn Nāfi‘’s view and his narration from Mālik.

Before the prospective spouses become favourably inclined towards one another and close to agreement, however, there is no harm in proposing. Nor is there any harm in two, three, or more men seeking the same woman’s hand. It is related that Jarīr ibn ‘Abd Allāh al-Bajalī asked ‘Umar ibn al-Khattāb, may Allah be pleased with him, to seek the hand of a woman from Daws on his behalf. Marwān ibn al-Hakam subsequently asked him to seek her hand on his behalf, and then his son ‘Abd Allāh made the same request.

‘Umar visited her family while the woman was sitting in her tent behind a curtain. He greeted them, and they returned his greeting, welcomed him warmly, and offered him a seat. He praised and extolled Allah Most High and invoked blessings upon His Prophet, peace and blessings be upon him. He then said: “Jarīr ibn ‘Abd Allāh al-Bajalī seeks so-and-so’s hand, and he is the leading man of the people of the East. Marwān ibn al-Hakam seeks her hand, and he is the leading young man of Quraysh. ‘Abd Allāh ibn ‘Umar seeks her hand, and you know his standing. ‘Umar ibn al-Khattāb also seeks her hand.”

The woman drew back her curtain and asked: “Is the Commander of the Faithful serious?” He replied: “Yes.” She said: “I consent to the marriage, Commander of the Faithful. Marry me to him.” So they married her to him, and she bore him two children. Success comes from Allah, glorified and exalted is He.

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Among the recommended practices in marriage are keeping the dower modest and not deferring its payment. It is reported: “The Prophet, peace and blessings be upon him, used to favour marriage in Ramadan in the hope of its blessing.” It was in that month that the Messenger of Allah, peace and blessings be upon him, married ‘Ā’ishah, may Allah be pleased with her. A number of scholars also favoured marriage on a Friday. Success comes from Allah, glorified and exalted is He.

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On the ruling concerning stipulations in marriage

Stipulations in marriage are disliked. Mālik—may Allah Most High have mercy on him—said that, long ago, he had advised a judge to prohibit people from marrying subject to stipulations and to have them marry only on the basis of a man’s religious commitment and trustworthiness. He had a document written to this effect and proclaimed in the markets, and he condemned such stipulations severely.