nikah
Nikah is a contract for the legalisation of sexual intercourse and the procreation and legitimation of children. It requires an offer (ijab) by one party and acceptance (qubul) by the other at the same meeting, competent parties (puberty and sound mind), and free consent. Under Hanafi law two male witnesses (or one male and two female) must be present; Shia law does not require witnesses.
No writing or religious ceremony is essential, though a nikahnama is usually written. Mahr is an incident of the contract. Depending on the defect, a marriage may be valid (sahih), irregular (fasid) or void (batil).
Example
The nikah was valid because the offer and acceptance were made at one sitting before two adult Muslim witnesses.
In Indian law
- Section 2, Muslim Personal Law (Shariat) Application Act, 1937
See also
ijab and qubul · mahr · batil marriage · fasid marriage
Read more in the study notes
- Development of Muslim law and its schools (Family Law II - Mohammedan Law)
- Sources of Muslim law (Family Law II - Mohammedan Law)
- Who is a Muslim: birth, conversion and apostasy (Family Law II - Mohammedan Law)
- Muslim marriage: nature, essentials and kinds (Family Law II - Mohammedan Law)
- Polygamy, child marriage and the option of puberty (Family Law II - Mohammedan Law)
- Talaq and the modes of dissolution of a Muslim marriage (Family Law II - Mohammedan Law)