Nikah (Muslim Marriage)
i. Definition, Object, and Nature
Definition:
Nikah in Islam is a formal, legally binding marriage contract between a man and a woman. It is a sacred bond recognized both in religious and legal terms, emphasizing the mutual rights and responsibilities of both parties. The word “Nikah” itself means “to marry” or “to unite” in Arabic.
- Legal Nature: In Islamic law, marriage (Nikah) is considered a contract (Aqd) rather than a sacrament, meaning that it is a legal agreement that can be dissolved under certain circumstances. This contract is meant to regulate the relationship between the couple and protect the rights of both parties, including the woman’s right to maintenance, security, and companionship.
- Moral and Social Responsibility: Nikah is not just a social bond; it also carries moral duties, where both husband and wife have obligations to each other. The husband is generally expected to provide for the wife’s financial needs, and the wife is expected to maintain the family and household.
In short, Nikah is a legally formalized, religiously sanctioned agreement that establishes the husband and wife as partners in various aspects of life.
Object of Nikah:
The primary purpose of Nikah is to:
- Establish a lawful relationship: