النّكاح - Marriage

• What is the meaning of Nikah?

Nikah literally means sexual intercourse. And in common language, it means a contract between two persons - a male and a female - through which they become husband and wife.

This contract is concluded by the offer from one party / side and acceptance from the other party / side. The offer is called ايجاب (Ijaab) and the acceptance is called قبول   (Qubul).

According to this definition, there cannot be any Nikah between two men nor between two women. Similarly, it is obvious that there can never be any Nikah between an Insaan (human being) and an animal. When we say that there must be ايجاب and قبول for Nikah to take place, it means that if a man and a woman live together for years without ايجاب and قبول, they will not become husband and wife. On the other hand, two strangers can become husband and wife immediately within few seconds by ايجاب and  قبول.

ايجاب and  قبول must take place in front of at least two witnesses. We should not just make Allah Ta’ala and His Rasul (Sallallaahu Alaihi Wasallam) witnesses and perform the Nikah like in movies, where actors and actresses make their marriage in front of their idols without the presence of witnesses. For ايجاب and   قبولto be valid, there must be at least two witnesses, present in person. These two witnesses must be adults, male, Muslim and sane. A man and two women also, suffice for the requirement of testimony. Therefore, the offer and acceptance must be concluded in front of two Muslim men who are adults or a man and two women in a way that the witnesses may hear and may know the identity of the man and woman who are getting married.

Moreover, the man who is getting married should give his wife something that has a commercial value. This is called Mahr or Swadaaq. This can be in the form of cash just as it can be in the form of a certain item or an object. The jewel that the family of the groom gives to the girl can also be offered as Mahr.

There is no limit for the maximum rate of Mahr. However, it is not advisable to demand an exorbitant Mahr. A Nikah with the least expenses and the least Mahr has the most Barakah. Mahr is suggested by the boy or it can also be proposed by the girl. However, in any case, it must be finalised by mutual agreement between the two parties.

The minimum rate of Mahr is 10 dirham that is equivalent to around 31.5 grams of silver. According to a Hadith, Hazrat Ali (Radiyallahu Anhu) said that there is no Mahr less than 10 dirham. It is to be noted that it is a Hadith that has been qualified as a weak Hadith. This may be correct according to a certain Sanad (source). However, the narration which Ibn Abu Haatim reported is a correct Hadith.

[English version of "النّكاح - Mariage" – Al Jamiat – Vol.3 No.7]