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Nikah

Nikah muslim law

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Shahid Javed
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13 views3 pages

Nikah

Nikah muslim law

Uploaded by

Shahid Javed
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
Download as pdf or txt
Download as pdf or txt
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Q) Define Nikah. What are the kinds of Nikah?

What are the essentials elements


of Nikah.
Ans- The Arabic word “ Nikah”( marriage) literally means “the union of sexes”
and this term in law means “marriage”.
The Prophet says “marriage is my sunna and those who don’t follow this way of
life are not my followers…..”. There is no mockery in Islam.
Necessity of Marriage.
• To increase the family.
• To bring about an order in the family.
• To create a sense of responsibility to the mind of the husband towards the
wife and children.
• To bring up or raise virtuous children.

Nature of Muslim Marriage.

• According to some jurists, Muslim Marriage is a civil contract.


• According to some jurists Muslim Marriage is a religious act.
• A Muslim marriage is considered to be a civil contract because of the
following reasons-
1) In case of Muslim marriage there is an offer or proposal or Ijab made by
one party to the other party.
2) In case of Muslim marriage, there must be an acceptable or Qubul.
3) As soon as the offer is accepted, there shall be an agreement between the
parties.
4) A Nikahnama shall be required to put their signature or thumb
impression in the Nikahnama.
Therefore , we can say Muslim Marriage is a civil contract.
• A Muslim marriage can also considered to be religious act because of the
following-
1) Muslim marriage is considered to be as “ Ibadat” or devotional act or
religious act.

Essentials of Valid Marriage –

• There must be an offer (Ijab) and acceptance( Qubul).


• The parties must be competent.
• There must be no legal disabilities.

Offer and Acceptance.

• There must be an offer(Ijab) by one party to the other party .


• The offer must be accepted(Qubul) by other party.
• As soon as the offer is accepted there shall be an agreement between the
parties.
• The Qazi may prepare a Nikahnama and it shall be signed by the party.
• The offer and acceptance must be made in the presence of witnesses.

Competent parties.

It is essential that the party to the marriage must be competent. The parties
must possess the following qualification –
• He/ she must be sound minded.
• He/ she must attained the age of puberty or the age of majority.
According to Sunni law, the age of majority to get marriage shall be 15
yrs for both boys and girls.
According to Shia Law , shall be less than 15 years.

No legal disabilities.

Legal disabilities means the existence of certain circumstances under which


the marriage is prohibited. This prohibition are as follows-

• Absolute incapacity- It arises from consanguinity, affinity and fosterage.


• Relative Incapacity- It arises from some causes which means the marriage
as invalid only so long cause which create the bar exist , when the bar is
removed, the marriage will become valid.
The following are the causes which render a marriage invalid-
Poligamy, absence of proper witnesses etc.
• Prohibitory Incapacity- It arises from the following case – Polyandry.
• Directory Incapacity- This may arise from marrying a women who is
pregnant, prohibition of divorce, marriage during pilgrimage, marrying with
a sick man.

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