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Ritual

Nikah

Lifecycle Rituals
Origin 610 to 850 CE

The Islamic marriage contract. It is a contract and not a sacrament, and the classical jurists discuss it in the section of the law dealing with transactions rather than with worship. Its requirements are an offer and an acceptance in the same sitting, the consent of both parties, witnesses, and the mahr, a payment from husband to wife which is hers absolutely and is not a bride price paid to her family. The ceremony itself can be very short; the elaborate celebrations attached to it in different regions are custom rather than requirement.

The schools differ on a point that matters a great deal in practice: whether an adult woman marrying for the first time requires a guardian to conclude the contract. The Hanafi school holds she does not and may contract her own marriage, though her guardian may challenge a marriage to a manifestly unsuitable husband; the Maliki, Shafii and Hanbali schools require the guardian's participation for the contract to be valid. Twelver Shia law additionally recognises a fixed-term contract, mutah, which the Sunni schools hold to have been abrogated and do not accept.

Facts
Origins
Origin Period
610 to 850 CE 1
Origin Period
The contract's requirements are settled in the first two centuries of Islamic law 1
Place of Origin
Mecca and Medina, Arabia 2
Historical Origin
An Introduction to Islamic Law traces the marriage contract's legal form to pre-Islamic Arabian custom, retained and reshaped by early Islamic jurisprudence into a civil contract requiring an offer, an acceptance and a specified dower rather than a sacrament administered by clergy. 3
Attributions
Purpose
Nikah is the Islamic marriage contract, concluded through an offer and acceptance before witnesses and typically including a mahr, a mandatory gift from the groom to the bride. 3
Practice
Who Performs It
Lay people 1
Lay people: no religious functionary is required to conclude the contract
Obligation
Recommended and meritorious, not required 5
Frequency
Once, or at a turning point in a life 1
Solitary or Communal
Performed by a gathered group 1
Witnesses are required for the contract to stand
Form
Implements and Materials
Requires an offer and acceptance before witnesses and a mahr, a mandatory gift from groom to bride, rather than any ring exchange or vow of the kind Christian ceremonies use. 3
Meaning
Literal Meaning
Names the Islamic marriage contract itself rather than any single ceremony, a religious and civil agreement that becomes valid once its required elements, an offer, an acceptance, witnesses and an agreed dower, are met, however the surrounding celebration is arranged. 1
Function
Stage of Life Marked
Marriage 4
Status
Standing as a Comparative Category
A standard analytic category in the study of religion 3
Legal Status
An Introduction to Islamic Law identifies nikah as a civil contract under Islamic jurisprudence rather than a sacrament, requiring the free consent of both parties, witnesses and an agreed dower for its validity. 3
Learn More
A Contract, Not a Sacrament

The nikah is the Islamic marriage, and the classical jurists treat it as a contract rather than a sacrament, an agreement, with an offer and acceptance, concluded before witnesses. Its essential elements are the consent of the two parties, the presence of witnesses, and the mahr, a gift or payment from the groom that becomes the bride's own property and financial security. In the practice of most schools the bride's guardian (wali) has a role in the contracting, though the schools differ over how far an adult woman may contract her own marriage.

Because it is a contract, its terms could be negotiated, and stipulations could be written into it. The ceremony itself may be brief and is often conducted by a scholar or official, though no priestly mediation is required; the feast that publicises the marriage, the walima, follows separately. Scholars such as Kecia Ali have examined how the early jurists conceived marriage in terms drawn partly from the law of sale and property.

What Islam Kept from Older Arabian Custom, and What It Rejected

Marriage contracts of a broadly similar shape, offer, acceptance, witnesses, and a payment from groom to bride, already existed in pre-Islamic Arabian custom, and Islamic law is generally understood to have retained that basic contractual structure while reforming specific elements of it, most significantly by making the mahr, the dower, a payment owed to the bride herself rather than to her father or guardian, reversing an arrangement common before Islam in which such payments functioned more like a transaction between the two families than a right belonging to the woman. How much mahr is owed, and whether it must be paid immediately or may be deferred in whole or part until a later point such as divorce, are questions the classical schools answer differently rather than uniformly, so the practical content of a nikah contract varies by school and by region even though its basic form does not.

A more significant and still unresolved rejection concerns mut'ah, a fixed term temporary marriage contract that some historical accounts describe as practiced in the pre-Islamic and early Islamic period; mainstream Sunni legal tradition holds that Muhammad later prohibited this form outright, while Twelver Shia jurisprudence continues to recognize it as valid under specific conditions, a genuine and long standing point of disagreement between the two branches of Islamic law rather than a settled question, and one on which each side considers its own historical account of what was permitted and later withdrawn to be correct.

Connections

Belongs to Tradition

Islam, Religions
Source Marriage and Slavery in Early IslamKecia Ali

Twelver law recognises a fixed-term marriage contract, mutah, which the Sunni schools hold to have been abrogated and do not accept.

Source Marriage and Slavery in Early IslamKecia Ali

Conducted By

Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)

The marriage contract is concluded and registered before a qadi in classical practice.

Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)

Held Differently

Hanafi School, Schools of Religious Law

The Hanafi school allows an adult woman of sound mind to contract her own marriage without a guardian. It is the best known point on which the school parts from the other three.

Source Marriage and Slavery in Early IslamKecia Ali
Jafari School, Schools of Religious Law

Jafari law holds the fixed term marriage, mut'a, valid alongside permanent marriage, where the Sunni schools regard it as abrogated.

Source Marriage and Slavery in Early IslamKecia Ali

Element Of

Source Marriage and Slavery in Early IslamKecia Ali
Source Marriage and Slavery in Early IslamKecia Ali
Source Marriage and Slavery in Early IslamKecia Ali

Native to Region

Arabia, Regions
Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)

Originated In

Arabia, Regions
Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)

Originates in Language

Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)
Sources
1. Marriage and Slavery in Early Islam
Kecia Ali, Harvard University Press, 2010
  • Kecia Ali, Marriage and Slavery in Early Islam
  • On the construction of the marriage contract on the legal model of sale
View the Source
2. The Encyclopaedia of Islam, 2nd edition
P. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.), Brill, 2005
  • Native to Region: Arabia, Stored origin-place property on this entity, cited to this source: Mecca and Medina, Arabia
  • Originated In: Arabia, Stored origin-place property on this entity, cited to this source: Mecca and Medina, Arabia
View the Source
3. An Introduction to Islamic Law
Wael B. Hallaq, Cambridge University Press, 2009Hallaq, An Introduction to Islamic LawView the Source
4. Marriage in Islam (Wikipedia)
  • Lead section: life-stage
    In Islamic law, marriage centers around nikah (Arabic: نِكَاح, romanized: nikāḥ), which is the marriage contract (also known as ʿaqd al-qirān, nikah nama, etc.), or more specifically, the bride's acceptance (qubul) of the groom's dower (mahr); and the witnessing of her acceptance.
  • In Group: Marriage Rites, lead: nikah, the Islamic marriage contract
View the Source
5. Nikah (Wikipedia)
Al-Hidaya fi Sharh Bidayat al-Mubtadi
Burhan al-Din al-Marghinani, 1197Book of marriage: the Hanafi position that an adult woman may contract her own marriage
Sharai al-Islam fi Masail al-Halal wal-Haram
Najm al-Din al-Muhaqqiq al-Hilli, 1277Book of marriage, on the fixed-term contract

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