Nikah & Fiqh

In Islam, Nikah (marriage) is a sacred bond between a man and woman, governed by Shariah law. It's a spiritual commitment that meets emotional, social, and religious needs, aiming to provide companionship, love, family, and protection from immoral behavior.
Islamic marriage law, or Fiqh of Nikah, offers a comprehensive guiding framework for matrimony, meticulously outlining essential conditions, rights, responsibilities, and etiquette that govern this sacred union, ensuring a harmonious and spiritually enriching bond between spouses.
1. Conditions for a Valid Nikah

A legitimate Islamic marriage, or Nikah, requires fulfillment of essential conditions to ensure a sacred and lawful union:

1. Mutual Consent: Both the bride and groom must willingly and freely agree to the marriage, without any coercion, pressure, or manipulation. Islam upholds the importance of free will in Nikah, and forced marriages are strictly prohibited.

2. Presence of Witnesses: At least two trustworthy and righteous Muslim witnesses must be present to ensure the marriage is conducted transparently and in accordance with Islamic principles. Witnesses play a vital role in validating the marriage and providing testimony, if needed.

3. Clear Proposal and Acceptance: A formal proposal, known as Ijab, must be made by one party, and its acceptance, known as Qabul, must be clearly stated by the other. This verbal agreement signifies the commitment of both individuals to the marriage.

4. Mahr (Dower) Provision: The husband is obligated to give Mahr, a gift or token of appreciation, to his wife as a symbol of honor, respect, and security. Mahr can be financial or any other valuable asset agreed upon by both parties. This gift is the wife's exclusive right and cannot be taken back.

2. Types of Marriage in Islam

Islam permits Nikah as the only lawful form of marriage but forbids certain unions:

1. Permissible Marriage: A Nikah conducted following Islamic guidelines, with mutual consent, witnesses, and Mahr, is considered a valid and lawful marriage.

2. Forbidden Marriages: Islam prohibits temporary marriages, such as Mut'ah in Sunni Islam, and other unlawful unions, including marrying close relatives who are prohibited in Shariah.

3. Prohibited Marriages in Islam

Prohibited Marriages Based on Kinship

1. A man cannot marry:

2. His mother, maternal or paternal grandmothers

3. His daughter, granddaughters, or further female descendants

4. His sister

5. His niece (sister’s or brother’s daughter)

6. His paternal or maternal aunts

7. His wife’s mother, regardless of consummation with her daughter

 

Prohibited Marriages Based on Marriage Ties

 

1. The daughter of a wife he has consummated the marriage with (regardless of guardianship)

2. The wife of his father or grandfather

3. The wife of his son or grandson

4. The mother or daughter of a woman he committed fornication with

5. A thrice-divorced ex-wife unless she remarried and consummated another marriage

 

Prohibited Marriages Based on Suckling (Foster Relations)

 

1. His foster mother or foster sister

2. Prohibited Combinations in Marriage

3. Two sisters simultaneously (including slave-girls)

4. A woman with her paternal or maternal aunt, or niece

5. Two women who would be prohibited from marrying each other if one were male

6. Exception: A woman may be combined with a stepdaughter from a previous marriage

7. A free man may marry up to four free women but cannot remarry a fourth until the divorced wife’s waiting period ends

 

Prohibited Marriages Based on Religion

 

1. A Muslim man may (though disliked) marry women from the People of the Book (Jews/Christians) but not Zoroastrians or idolaters

2. A Muslim woman can only marry a Muslim man

3. Sabean women are permissible only if they believe in a prophet and scripture; those worshipping planets are forbidden

4. Dissolution of Marriage: When Things Don’t Work Out

While Islam strongly encourages preserving marriage, it acknowledges that sometimes a union may not succeed:

1. Talaq (Divorce by Husband): A man may initiate divorce, but he must follow the prescribed waiting period, known as Iddah, and attempt reconciliation before finalizing the divorce.

2. Khula (Divorce by Wife): A woman has the right to seek divorce if she finds the marriage unbearable, by returning the Mahr or negotiating terms with her husband.

3. Reconciliation First: Before finalizing a divorce, Islam encourages mediation, counseling, and patience to ensure that separation is the last resort.