In the name of Allah,
Nikah is Mustahabb for anyone who needs to get married, is interested in getting married, and has the money to support both his wife and the Mahr. In addition, he is aware that if he does not get married, he will not do forbidden things.
It is not advised (Makrooh) for such a person to marry who has an interest in marriage but cannot afford to support his wife. Similarly, it is Makrooh for someone who is physically incapable of being married. In this situation, he should devote himself to worship and fasting to maintain his chastity and purity.
It is obligatory (Waajib) for a person who is capable, has the resources, and believes that if he does not get married, he will perform an unlawful act[i].
Shaykh ul Islam Ibn taymiyaah (R.H) said,
“If one is in need of marriage and he fears committing a sin by leaving it, one may prioritize getting married over performing obligatory hajj.”[ii]
It is forbidden to marry someone who has no interest in being married and who is aware that he will not uphold his spouse’s rights.
It is unlawful for someone to be married if they are aware that he will violate his wife’s rights.
The Dhaahiri [Literalist] Opinion
The Literalist school of thought regards marriage as fardh ‘ain, or individual duty. The following verse from the Qur’an and the Prophet’s hadith are two of the examples they use[1].
[And marry off the single among you and among the righteous of your male and female slaves. If they are poor then Allah will supply their needs from His generosity. And Allah is expansive, knowing. (22) And let those who do not find marriage hold back until Allah grants them of His generosity]. An-Noor: 32-33
The following hadith of the Prophet (salla Allah aliahi wa sallam) appears to be an order to everyone who is able to get married:
[O young men, whoever among you has the ability, let him marry]. [Bukhari & Muslim].
The most prevalent viewpoint appears to be that marriage is – overall – recommended (mustahabb) and not obligatory.
Ibn Masud said,” If I would longer for no longer than ten days, I would marry lest I fall into the trial.’’ Ibn Abbas said to Sai’d ibn Jubayr, “ Marry since the best of this nation married to several women.”[iii]
When a woman enquired about the rights of a husband,
The Prophet (peace and blessings of Allaah be upon him) said: “It is not right for any human being to prostrate to another; if it were right for one human being to prostrate to another, I would have commanded women to prostrate to their husbands because of the great rights that they have over them. By the One in Whose hand is my soul, if a man were covered from head to foot with weeping sores oozing pus, and his wife were to come to him and lick his sores (to clean them), this would not fulfill the rights he has over her.’”[iv].
The women said, By Him who has sent you with the truth, I will never get married.” So the Prophet (PBUH) said,” do not marry them off except with their permission.[v]”
This hadith further proves that marriage is not obligatory due to some legal excuse.
[1] Fiqh of Marriage, Jamal Zarabozo, Page 10
[i] ACCORDING TO THE SHAAFI’EE MADHAB, Moulana Yusuf Laher, page 7
[ii] Summary of Islamic Jurisprudence Vol 2, Dr Salih Al Fawzaan, Page 352
[iii] Fiqh of the Muslim Family, A manual in Islamic jurisprudence. Hasan Ayyub, Translated by Al falah Staff members. Page 2
[iv] Reported by Imaam Ahmad, 12153; Saheeh al-Jaami’, 7725
[v] Ibn Abi Shaybah in his musannaf. Quoted in simplified in Islamic Jurisprudence based on the Quran and sunnah vol 2, compiled and translated by Muhammad M Abdul Fattah Dar Al Manarah, page 704