The Nikah Agreement

In Islamic law, marriage – or more accurately the marriage contract – is called nikah, an Arabic word already used in the Koran exclusively to refer to the marriage contract. [9] [10] [11] In the Wehr-Cowan Dictionary of Modern Written Arabic is considered nikah as “marriage; The marriage contract Marriage, wedlock.” [12] (At least in some marriages in some Muslim cultures such as Pakistan, there may be a delay between the Nikkah and the Rukhsati — if the husband, after getting a good job and a good home, lets the wife settle in his home.) [13] The marriage gift (Mahr) is a divine disposition. Handing Mahr over to the bride by the groom is an essential part of the contract. “And give women (on marriage) their mahr as (nikah) free gift” (Koran 4:4) Mahr is a symbolic commitment of man`s responsibility and can be paid in cash, goods or personal items to the bride herself. The amount of Mahr is not legally fixed, but it is recommended to moderate according to the existing social standard. The mahr can be paid immediately to the bride at the time of the wedding, or postponed to a later date or a combination of both. However, the deferred Mahr is due in case of death or divorce. One marital party expresses its desire to marry and the other party expresses the taking of “qubul” responsibility in the marriage assembly. The contract is written and signed by the bride and groom and their two respective witnesses. This written marriage contract (“Aqd-Nikah”) was then made public. Most of the section 1-12 document is straight; It`s like filling out a simple form. You should note basic details such as the names of the parties and lawyers involved, age, address, etc. Common misunderstandings about nikah nama are usually related to the remaining clauses.

Once our Nikah contract was ready to be signed, I set up the Prenup. This time, he said yes. I asked what prompted him to change his mind. “It`s something you need to feel safe,” he said. I liked that he could understand my distress, the reason why I wanted the agreement by wishing me the agreement itself. The nikah nama can only be so much; What we really need is better legal certainty in front of land law. The nama nikah itself is a very simple contract, and while you can make additions and certainly there should be more awareness of certain clauses such as the right to divorce and special conditions, all our rights and obligations cannot and should not be defined in a nama nikah. Although higher marriage is allowed in Islam, it is considered in the current scenario as a shameful and unacceptable act for his wife and wali, they were forced to marry in secret (with good intentions and for the sake of Allah), without the consent of his wife, his family and their family to make their relationship hale. The Nikkah was made in the presence of two Muslims (who are foreign to them), and he gave him a mahr and pronounced their Nikah.

No one else is aware of this case and they want to keep it as secret as possible in order to avoid problems in their personal and social lives. They are very understanding and willing to sacrifice everything for the good of Allah. And while some believe that even if this is no longer mentioned in the nikah nama, it is a cross-cutting obligation and that the law has given it at the request of the woman, there can be no harm in having it in writing. It`s better to be safe than to be sad! Women are also reminded that if the husband does not assume responsibility, there is no stigma attached to them in the search for divorce. [Coran 4:128] The Quran reaffirms that justice for women involves emotional support, and reminds men that there can be no withdrawal of gifts of mahr or marriage given to women, unless they are found guilty of sexual immorality [Coran 4:19].