Sunday, December 8, 2013

Islamic Marriage Articles, - Al-Nikah

Mutual Agreement of Bride and Groom
Marriage (nikah) is a solemn and sacred social contract between bride
and groom. This contract is a strong covenant (mithaqun Ghalithun) as
expressed in Quran 4:21). The marriage contract in Islam is not a
sacrament. It is revocable.
Both parties mutually agree and enter into this contract. Both bride
and groom have the liberty to define various terms and conditions of
their liking and make them a part of this contract.
Mahr
The marriage-gift (Mahr) is a divine injunction. The giving of mahr to
the bride by the groom is an essential part of the contract.
'And give the women (on marriage) their mahr as a (nikah) free gift" (Quran 4:4)
Mahr is a token commitment of the husband's responsibility and may be
paid in cash, property or movable objects to the bride herself. The
amount of mahr is not legally specified, however, moderation according
to the existing social norm is recommended. The mahr may be paid
immediately to the bride at the time of marriage, or deferred to a
later date, or a combination of both. The deferred mahr however, falls
due in case of death or divorce.
One matrimonial party expresses 'ijab" willing consent to enter into
marriage and the other party expresses 'qubul" acceptance of the
responsibility in the assembly of marriage ceremony. The contract is
written and signed by the bride and the groom and their two respective
witnesses. This written marriage contract ("Aqd-Nikah) is then
announced publicly.
Sermon
The assembly of nikah is addressed with a marriage sermon
(khutba-tun-nikah) by the Muslim officiating the marriage. In marriage
societies, customarily, a state appointed Muslim judge (Qadi)
officiates the nikah ceremony and keeps the record of the marriage
contract. However any trust worthy practicing Muslim can conduct the
nikah ceremony, as Islam does not advocate priesthood. The documents
of marriage contract/certificate are filed with the mosque (masjid)
and local government for record.
Prophet Muhammad (S) made it his tradition (sunnah) to have marriage
sermon delivered in the assembly to solemnize the marriage. The sermon
invites the bride and the groom, as well as the participating guests
in the assembly to a life of piety, mutual love, kindness, and social
responsibility.
The Khutbah-tun-Nikah begins with the praise of Allah. His help and
guidance is sought. The Muslim confession of faith that 'There is none
worthy of worship except Allah and Muhammad is His servant and
messenger" is declared. The three Quranic verses (Quran 4:1, 3:102,
33:70-71) and one Prophetic saying (hadith) form the main text of the
marriage. This hadith is:
'By Allah! Among all of you I am the most God-fearing, and among you
all, I am the supermost to save myself from the wrath of Allah, yet my
state is that I observe prayer and sleep too. I observe fast and
suspend observing them; I marry woman also. And he who turns away from
my Sunnah has no relation with me". (Bukhari)
The Muslim officiating the marriage ceremony concludes the ceremony
with prayer (Dua) for bride, groom, their respective families, the
local Muslim community, and the Muslim community at large (Ummah)
Marriage (nikah) is considered as an act of worship (ibadah). It is
virtuous to conduct it in a Mosque keeping the ceremony simple. The
marriage ceremony is a social as well as a religious activity. Islam
advocates simplicity in ceremonies and celebrations.
Prophet Muhammad (S) considered simple weddings the best weddings:
'The best wedding is that upon which the least trouble and expense is
bestowed". (Mishkat)
Primary Requirements
1.Mutual agreement (Ijab-O-Qubul) by the bride and the groom
2.Two adult and sane witnesses
3.Mahr (marriage-gift) to be paid by the groom to the bride either
immediately (muajjal) or deferred (muakhkhar), or a combination of
both
Secondary Requirements
1.Legal guardian (wakeel) representing the bride
2.Written marriage contract ("Aqd-Nikah) signed by the bride and the
groom and witnesses by two adult and sane witnesses
3.Qadi (State appointed Muslim judge) or Ma'zoon (a responsible person
officiating the marriage ceremony)
4.Khutba-tun-Nikah to solemnize the marriage
The Marriage Banquet (Walima)
After the consummation of the marriage, the groom holds a banquet
called a walima. The relatives, neighbors, and friends are invited in
order to make them aware of the marriage. Both rich and poor of the
family and community are invited to the marriage feasts.
Prophet Muhammad (S) said:
'The worst of the feasts are those marriage feasts to which the rich
are invited and the poor are left out". (Mishkat)
It is recommended that Muslims attend marriage ceremonies and marriage
feasts upon invitation.
Prophet Muhammad (S) said:
"...and he who refuses to accept an invitation to a marriage feast,
verily disobeys Allah and His Prophet". (Ahmad & Abu Dawood) - - -- -
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