Nikkah, in Islam, is a beautiful contract that lawfully joins two souls for lifelong commitment and love. Nikkah is the Islamic marriage ceremony that makes the relationship between a man and woman official under Shariah (Islamic law). Not only does Nikkah fulfill half of the deen, but it also provides a strong foundation for succeeding generations.
Origin Of Nikkah
The concept of nikkah traces its roots back to when Prophet Adam and Bibi Hawwa resided in Jannah. In Surah Baqarah, Allah SWT states, “he warned Prophet Adam to live with his wife in Paradise…” The mention of Bibi Hawwa in this ayah as the wife of Prophet Adam signifies that their nikkah took place in Jannah. This event underscores the importance of nikkah in Islamic society and explains the sacredness of the relationship between a husband and wife.
Significance Of Nikkah
The process of nikkah establishes the most important relationship in society, the relationship between a husband and wife, and provides a strong foundation for the continuation of the human race. It also protects from numerous harms and safeguards from the trap of shaytan. But Islam doesn’t only regard nikkah as a means for sexual gratification; it establishes a contract that comprises social, emotional, and even spiritual responsibilities and duties. It provides a simple framework for the success of society and strengthens the bonds needed to live a fulfilled and happy life.
In Surah Baqarah, Allah SWT states, ‘ both husband and wife are garments for each other.’
This beautiful ayah proves that the relationship between spouses is like a shield for each other against worldly harm. Both are there for each other during hard times and support one another in every endeavor.
Similarly, in another verse of Surah Baqarah, Allah states that ‘he created spouses from among us so we may find comfort in them and between them he placed compassion and mercy.’
This verse underscores the profound meaning of companionship and emotional connection within marriage and fosters an understanding and empathetic environment.
To Whom Can Nikkah Be Done?
The concept of nikkah revolves around the distinctions between mahrams and non-mahrams, which apply to both males and females in society. This differentiation highlights fundamental Islamic principles while stating permissible relationship boundaries within a Muslim society.
Mahrams
Mahrams are those individuals closely related through blood or marriage in such a way that nikkah is forbidden with them under Shariah.
Non-Mahrams
Non-mahrams refer to those individuals who are not closely related, and nikkah with them is permissible under Islamic teachings.
Types Of Nikkah
Nikkah Fard
This is the most common and traditional type of nikkah. Nikkah e Fard establishes a legal and religious union between the bride and groom and states that both parties should fulfil every responsibility.
Nikkah e Misyar
This type of nikkah is less common but still recognized by the Shariah. Nikkah e Misyar is the kind of nikkah that waives certain responsibilities and obligations, such as staying together or having few financial responsibilities. Although this nikkah lessens certain duties, it must still follow every obligatory requirement to be valid.
But because this type of nikkah can be taken advantage of by someone whose religious commitment is weak, the permissibility of this nikkah should be based on the particular circumstances of the couple involved. And if this nikkah is good for the couple, it should be permitted; otherwise, it should be avoided.
Nikkah e Mutah
Nikkah e Mutah, also known as temporary marriage, is the type of nikkah in which the husband marries the wife for a certain period in return for a specific amount of money. This was allowed in early Islam but was later prohibited by the Prophet Muhammad (PBUH).
Faraiz Of Nikkah
Faraiz of nikkah, the obligatory requirements of nikkah, are those without which nikkah isn’t valid. These are as follows:
The Consent Of Both Parties
The bride and groom’s mutual consent is required to make the nikkah valid. Forcing anyone to marry according to their parents’ wishes is strictly prohibited.
Wali Of The Bride
According to Shafi’i, Maliki, and Hanbali schools of thought, the wali (supervisor) of the bride is a requirement for a nikkah to be valid. The wali of a woman is a lawful (mahram) relation who is responsible for the bride’s life before the marriage and represents her at the time of nikkah. This can be a father, brother, or uncle. But if a woman doesn’t have a blood-related wali, a judge or such can be the wali of a woman.
According to the Hanafi school of legal thought, the nikkah of a sane, legal, and adult woman doesn’t require a wali as long as the groom is legal and a good match for her. Conversely, the nikkah is considered invalid if the groom is neither legal nor a match.
Witnesses
During the time of Nikkah, witnesses are an obligatory requirement. At least two male witnesses or one male and two female witnesses are required for a valid nikkah. These witnesses don’t have to be the mahrams of both parties nor do they have to be related to either the bride or groom. Rather, anyone who was present at the time of nikkah and was fit to give testimony is a witness, according to Shariah. But it is not permissible for the wali to be a witness.
The witnesses also fulfill the obligation of ‘announcing a nikkah’, which is obligatory because Prophet Muhammad (PBUH) said so. The reason for this is that illegal relationships are done in secrecy, but because a nikkah is a legal relationship, it should be announced so that people know it is not fornication.
Mahr
The Mahr is the bride’s right, given to her by the groom after the nikkah. Mahr can be given in the form of money or possessions, and the bride can spend it as she sees fit. It is forbidden for anyone else to take the mahr without her approval.
In Surah Nisa, Allah states, ‘give dowry to the women who you have married. But if the bride decides to give up the dowry, then it bears no harm on both the husband and wife.’
In another verse, Allah states that ‘if somebody wants to divorce their first wife and replace her with the second wife, it is strictly prohibited and a sin for the husband to take anything from the mahr of the first wife, even if it was a huge amount of wealth.’
Types Of Mahr
There are two types of mahr’s stated on the nikkah certificate. Both types of mahr are valid and can be paid with the mutual consent of both parties.
Mahr e Mu’ajjal
Mahr e Mu’ajjal, also known as prompt dowry, is the mahr given before the nikkah, at the time of the nikkah, or after the consummation of marriage.
Mahr e Mu’wajjal
Mahr e Mu’wajjal, also known as deferred dowry, is the mahr that can be paid later or when the wife asks for it. But this money becomes payable immediately after death or separation.