In this article, we shall study about Nikah, a Muslim Marriage, its procedure, requirements, etc. A marriage, as an institution, promotes man’s advancement and ensures the survival of the human race. The primary goal of marriage is to protect society from immorality and unchastity.

Nikah (Marriage in Muslims):

In Islam, the marriage between a bride and groom is a legal contract but not sacrament is known as Nikah. It is a matrimonial relation and an institution which legalizes the sexual activities between a male and female for the object of procreation of kids, promotion of love, mutual support and creation of families which are considered an essential unit in a society. Every Mahomedan of sound mind, who has attained puberty may enter into the contract of marriage. Taking religious aspect into account Muslim marriage is a devotional act (ibadat). The Prophet is reported to have said that marriage is essential for every physically fit Muslim who could afford it. The run-away marriages where a girl run away with boy and marries him, it is called kifa. Kifa marriage is not accepted in Islam.

Defining Nikah:

• According to Hedaya, Nikah in its primitive sense means carnal conjunction. Some have said that it signifies conjunction generally. In the language of the law, it implies a particular contract used for the purpose of legalizing generation.
• According to Ameer Ali  a marriage is an institution ordained for the protection of society, and in order that human beings may guard themselves from foulness and unchastity.
• According to Justice Mahmood a marriage among Muhammadans is not a sacrament, but purely a civil contract.
• According to M.U.S. Jung, a marriage though essentially a contract is also a devotional act, its objects are the right of enjoyment, procreation of children and the regulation of social life in the interest of the society.
• According to Abdul Rahim the Muhammadan jurists, the institution of marriage as partaking both of the nature of ibadat or devotional acts and muamlat or dealing among men.

Nikah Ceremony:

The Nikah ceremony is one part of several steps of a marriage arrangement considered ideal by Islamic tradition. Nikah among Muslim is a “Solemn Pact” (mithaq-e-ghalid) between a man and a woman, soliciting each other’s life companionship, which in law takes the form of a contract (aqd). According to Mahomedan law a marriage is a civil contract. The husband and the wife and their respective families enter into an agreement whereby the husband’s family pays an amount of money called the (mahr) to the girl and her family and in return, the girl agrees to marry the boy. Therefore, Nikah is a social arrangement.

The proposal consisting of amount of dower (ijab) is made by the bridegroom.  The bride sits behind the pardah with relatives gathered for the nikah. There must be kazi and Two male or one male and two female witnesses. Witnesses convey proposal of the bridegroom to the bride or to guardians in case of minor bride. On hearing proposal, the bride or guardian of minor bride convey their acceptance (Qabbool). In Islam minor marriage is permitted with option of dissolution of marriage at puberty.

At the conclusion of nikah bride and groom recite following statements in Arabic, whose English meaning are:

• The bride recites “I have given away myself in Nikah to you, on the agreed Mahr.”
• The groom immediately says, “I have accepted the Nikah.”

At the conclusion of recitation, the couple becomes husband and wife.

Formalities of a Valid Marriage:

Marriage may be constituted without any ceremonial; there are no special rites, no officiants, no irksome formalities. Nevertheless, following conditions are necessary:

1. Offer on the part of one party to the marriage.
2. Acceptance by the other party.
3. Presence of two witnesses where the parties are Hanafis; no witnesses are required if parties are Shia
4. The words with which the marriage is contracted mum be clear and unambiguous.
5. The proposal and acceptance must both be expressed in one and the same meeting.

Note:

The offer and acceptance may be made by the parties, or by the agents, if both are competent. In case of legal incompetency, like minority or unsoundness of mind, the guardians may validly enter into a contract of marriage on behalf of their wards.

In Shoharat Singh v. Jafri Begum, (1995) 17 BOMLR 13 case, the Privy Council said that Nikah (marriage) under the Muslim law is a religious ceremony.

In Sahabi Bibi v. Kumaruddin, 15 CWN 991 case the Court observed: “ Words of proposal and acceptance must be uttered by the contracting parties or their agents (vakils) in each other’s presence and hearing, and in the presence of two male, or one male and two female witnesses, who must be sane and adult Muslims; and the whole transaction must be completed at one meeting”.

Mahr or Dower:

Marriage in Muslims is a contract and Mahr is its consideration. Under Islamic law, regarding Mahr, consideration means an obligation imposed upon the husband by the law as a mark of respect for the wife. Mahr or Dower is a sum of money or other property to be paid or delivered to the wife. It is either specified or unspecified but in either case, the law confers a mandatory right of Mahr or Dower on wife. It is to be noted that Mahr and dowry are two different concepts. One ensures security and the other is a social evil.

The Mahr (Dower) belongs to wife and she can deal with it in the manner she likes it and neither her husband nor husband’s relations nor even her relations can dictate her in matter of using the Mahr money or property. The Mahr may be paid

• at the time of marriage, or
• after the marriage, or
• even after the death of the husband from the assets of husband.

The concept of Mahr in Islamic law is beneficial for the woman. It ensures financial security so that she is not left helpless after the death of the husband or after the termination of the marriage. 

Iddat:

Iddah or Iddat is an Arabic term which means period of waiting and is observed by Muslim women. It is a period of chastity which a Muslim woman is bound to observe after the dissolution of her marriage due to the death of her husband or by divorce before she can lawfully marry again.  Iddat is one of the customary practices under the Quran which has been recognized through legislative enactment as well. Under section-2(b) of The Muslim Women Act, 1986, “iddat” is mandatory under which divorced/widowed wives have to observe certain restrictions. Section 2(b) of the Act prescribes iddat period to be followed in three different scenarios;

• If the divorced woman is subject to menstruation, then she is required to abstain from remarriage for three menstrual cycles starting from the date at which dissolution of marriage took place.
• In case if the divorced woman is not going through the menstruation period, then she is supposed to observe iddat for three lunar months. And,
• If she is pregnant during the dissolution of marriage, the period of iddat extends till the time she delivers the child or till the termination of pregnancy whichever comes earlier.

Registration of Nikah:

Marriage registration is required in Muslims since a Muslim marriage is considered a civil contract. “Every marriage contracted between Muslims after the commencement of this Act shall be registered as hereinafter given, within thirty days from the end of the Nikah Ceremony,” according to Section 3 of the Muslim Marriages Registration Act 1981. Nikahnama is a form of legal document used in Muslim marriages that contains the marriage’s basic conditions and information.

According to the Muslim Marriages Registration Act 1981, a Nikahnama contains:

1. Place of marriage (with sufficient particulars to locate the Place.)
2. Full name of the bridegroom
3. Age
4. Address
5. Full name of bridegroom’s father
6. Whether father is alive or dead
7. Civil condition of the bridegroom at the time of marriage whether – Unmarried Widower Divorced Married, and if so, how many wives are alive
8. Signature or thumb impression of the bridegroom/Vakil/ Guardian according as the Nikah was performed in person by the bridegroom or through his Vakil or Guardian
9. Full name of Nikah-Khan (that is the person conducting the Nikah Ceremony.)
10. Signature of the Nikah-Khan (i.e person conducting the Nikah Ceremony with date.) 
11. Amount of dower fixed
12. Manner of payment of dower 
13. Name of witnesses with parentage, residence and address

Legal, Social and Religious Aspect of Muslim Marriage:

Legal Aspect of Muslim Marriage:

1. There can be no marriage without consent;
2. Like contract, the Muslim marriage requires the condition of proposal (Ijab) and acceptance (Kabul)
3. As in contract, provisions is made for its breach, to wit, the various kinds of dissolution by act of parties or by operation of law;
4. The terms of a marriage contract are within legal limits capable of being altered to suit individual cases;
5. Consent of the parties is an essential ingredient for a contract. In Muslim marriage also, free consent of the parties to a marriage is required. In other words, the marriage should not be induced by coercion or undue influence or fraud.

Social Aspect of Muslim Marriage:

1. Islamic law gives to the woman definitely high social status after marriage
2. Restrictions are placed upon the unlimited polygamy of pre-Islamic times and a controlled polygamy is allowed;
3. The Prophet, both by example and precept, encouraged the status of marriage. He positively enjoined marriage to all those who could afford it.
4. There is no place for celibacy, like for example the Roman Catholic priests and nuns.

Religious Aspect of Muslim Marriage:

In its ‘ibadah’ (devotional act) aspect, marriage is an act pleasing to Allah because it is in accordance with His commandments that husband and wife love each other and help each other, to make efforts to continue the human race and rear and nurse their children to become true servants of Allah.

Conclusion:

On the basis of Juristic opinion, we can easily conclude, that in Islam, marriage is seen as a civil contract between a man and a woman for the purpose of legitimatizing the intimacy and procreation of children. Unlike other religions, the Mohammedan law does not see marriage a sacrament; but a contract that is entered into by two individuals by signing a document called Nikahnama. The Mahr is a legal right of the bride and an obligation of the groom. It can be a sum of money or property given to the bride by the groom. It can be paid to be at the time of the Nikah or after it. Being a civil contract, the Nikah is not permanent. The couple is not obliged to maintain their relationship onto death but can be broken at any point in time.

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