The Significance of Written Nikkah Contract in Muslim Marriage 

The Significance of Written Nikkah Contract in Muslim Marriage

All the procedure is codified as per rules for a Muslim Wedding which is governed by the Qur'an and Hadith which addresses the family structure in Islam. The Nikah or contract of Muslim marriage gives written proof of the wedding and agreed points between the would-be husband and bride. There are supposed to be 3 copies of the contract: 1 maintained by the mosque where the ceremony was conducted, another with the bride and one more with the groom.

  • Nikah or Islamic Marriage Contract
Marriage is also known as nikah in Muslims. They consider conducting the ceremony in a simple way in a Mosque, as it is thought to be an act of worship. The ceremony of wedding is a religious as well as social activity. Islamic religion promotes ease in celebrations and ceremonies. The future of the marriage is safeguarded by the written marriage proof and its provisions. According to a case study report, women usually face difficulty while establishing they are part of a nikah, in absence of a marriage contract which is in writing and that the couple has consented for a condition which is special. The ‘khutba-tun-nikah’ or wedding sermon is given by the officiating Muslim in the marriage proceedings. A Muslim judge Qadi is appointed by state at the marriage societies who is authorized to do the nikah ceremony and also maintains marriage contract records. The nikah ceremony could be conducted by anyone practicing Muslim who is trusted because Islam never encourages priesthood. The wedding contract documents or certificate are submitted with the local government body and mosque for the record. The wedding is regarded as a contract according to the Sharia law. In that, the parties agree to live as bride and groom based on the guidelines in the Sunnah of the Prophet Muhammad, the Qu'ran and Sharia. The important part of a Islamic marriage contract or nikah is that the groom agrees to make payment to the Muslim brides. This money was regarded as the property of the girl's guardian, in the times of jahiliyyah society which existed before Islam.

  • Essentials of the Nikah
The marriage consent by both the bride and groom is essential which could be in writing or verbally. It is done by ‘qabul’ or the agreement of the proposal and ijab or a marriage proposal which is formal. The ‘Wali’ or a male guardian looking after the best interests of a first-time bride usually represents her in the negotiations of the contract. Still, the would-be bride needs to show her willingness for wedding. The consent of the persons having mental or physical limitation and not in position to comprehend legality will not be held valid. It cannot be taken from individuals like minors, incapacitated and disabled with limited understanding.

  • Mahr 
It is the right of the Muslim bride to get a gift from the would-be husband and it is her property guaranteeing marriage security. If a divorce takes place, still gift remains with the bride which has been directly to her. The property, jewelry, any valuable asset and valuables are the types of the mahr which is offered to the bride.

 
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