NIKAH in a sense is the permission under Divine command for the continuance of human race on earth so that the affairs of the world may be conducted in a systematically planned manner, which is in essence the purpose of creation. The urge between the opposite sexes for a communim is in born in any living creature among the human beings as well as the animals. But the expression of this natural urge, for very special reason, among the human beings has to be ordained and controlled in such a way that distinction between man and animal may be will defined so that any trespass of the laws promulgated in this behalf may be at once detected and put right either through persuasion or by imposition of penalty through the agency of religion at any time of human civilize down the age.
Almighty Allah has permitted union of man and woman and the Holy Prophet (Allah's peace and grace be upon him) has encouraged such a meeting within the defined and well guarded limits. The initial or the very first stage of entering into the life of one another between man and woman is the NIKAH which in the modern terminology is the social contract of entering in to one another life as husband and wife (which words come into existence only after consenting and signing the agreement in a pronounced public assemblage, and under very specific provisos which call for abiding adherence without any let up or willful negligence.
The Holy Prophet (may Allah's grace and peace be upon him) has said addressing the youths, `any one of you who has means to Nikah (marriage contract) should do so as Nikah prevents illicit incursions of heart and eyes and those of you who lack resources for Nikah should keep fast as chicks passion and sensual imbalance. He has also said that one who desire's to meet Allah in a state of purity and cleanliness, he should marry a *** woman. He has said the person who holds dear my way of life, he should follow my sunnat and my sunnat is Nikah. HE has said `the best asset in the world is the virtuous woman'. He further said `one who possesses means (financial resources) to marry but does not marry, he does not belong to us.
PROBLEM:- Nikah means that bind or agreement which makes sexual intercourse and other affairs of life with the woman concerned lawful and permissible.
PROBLEM:- The man should be of balanced sexual temperament (not amounting to animality) but not impotent and if he has means to provide `meher' maintenance of life necessities then for him the Nikah is sunnat-e-Muakkadah (stressed as binding) and to avoid or refrain from marrying is tantamount to committing a sin. If the intent of marriage is to protect one self form Haram (i.e. adultery etc) to follow the sunnat and have children, then the marriage so contracted would also fetch blissful award. But if the intent of matrimonial engagement is largely to satisfy the sexual impulse and sensual desires, then no sawab will accrue out of this marriage.
PROBLEM:- The sexual urge is dominant and it is feared that if in the absence of Nikah he might commit adultery it is essential (wajib) for him to marry, especially when he can afford financial obligation. Similarly if he can not check himself from looking at other women (with passionate desires) otherwise he would have to resort to hand activity, then in such a condition Nikah is wajib.
PROBLEM:- If it is definite that without marriage he will be obliged to seek unlawful means (adultery) to then it is obligatory for him to get married (without loss of time and under excuses of one kind or another).
PROBLEM:- If there is a fear that in the event of not getting married he will not be able to fulfill financial and other domestic obligations, then in such a condition the Nikah will be makrooh, But if he is sure and definite about these habities, then Nikah will be Haram (in consequence) although the Nikal will be permissible under Shariat's law.
PROBLEM:- The following things are mustahab is connection with the Nikah.
- It should be open and announced in presence of people.
- To recite a Khutbah (it may be any khutba, but it is better to recite the khutba which is mentioned in the Hadees).
- It may be held in the Masjid.
- It should be held on a Friday.
- It should be solemnized in the presence of witnesses known for their integrity and justness.
- The woman should be less in age, family line wealth and reputation than those accredited to man but of a higher consideration is respect of beauty, character, moral behavior and virtuous. (It is reported in the Hadees that if a man marries of woman on account of her public status, Allah will bring disgrace for him, and once who marries a woman because of her wealth, Allah will increase his helplessness and dependence, and if a man marries a woman for her being of a higher family stock, his mean ness and worthlessness shall become known very soon. But if a man marries in order to protect himself from indecent gases at other woman and honour the blood relations, Allah will bless the woman and the man with prosperity and righteousness.
Problem:- The Eejab and Qubool are integral parts of the Nikah which means that the woman and the man in their respective turns to ascertain their willingness to enter in to one another's matrimonial relations as husband and wife as the case may be.
PROBLEM:- The tense sequence of EEJAB and QUBOOL should be in the past tense (confirming that the contract has already been entered to and agreed upon mutually. Whatever the grammatical or linguistic formulae may be applied it should not leave any doubt in the mind of about the certainly or definiteness about the issue which is Nikah and its acceptance. That is the reason why the Eejab (proposal) and Qubool (acceptance of the Nikah by both the spousul parties can not be declared or pronounced in the future. Therefore unless the person say "I have accepted the spouse (bride/bridegroom) the nikah will not be valid. To say I will accept (the proposal), will not a confirmation and as such invalid.
PROBLEM:- Two distinct words are enough to confirm a marriage deal viz (1)"Nikah" or the proposal or declaring the intention of marriage and (2) TAZAWWUZ (literally meaning becoming or taking a spouse) which confirms that the man and the woman mentioned in the Nikah have become husband and wife for all practical purposes. Other words indicate the confirmation of the marriage contract are indicative nature and can be used if the intentions are clear and beyond doubt or merely conditional.
PROBLEM:- In the Nikah are not at all objectionable.
PROBLEM:- There are certain conditions in the Nikah to make it lawful in the domain of shariat.
- To be of sound senses (Aqil). If a lunatic or minor boy solemnizes the Nikah, it will not be valid or binding.
- Attainment of maturity (Baligh). If an immature (na'ba'ligh) boy performs the Nikah, it will be valid sulyect to the permission of the vali (guardian or one given authority by the parent as their spokesman and representative).
- Presence of Witnesses. The process of Eejab and Qubool must be conducted in the presence of witnesses who should normally be Two men or One man and two women. The witnesses should be Free (not slave), of sound sense (Aqil) and mature (having attained legal age of majority) who should hear every word of the Nikah (lunatics immature in age or a slave can not stand as witnesses). If the man and the woman solemnizing Nikah are both Musalman, the witnesses should also be Musalman. If a musalamn man marries a woman of another religion having a revealed Book, then a Zimmi Kafir( the non muslim under the protection of as Islamic government, paying Jizya) can also stand as a witness.
PROBLEM:- Only women or eunuchs can not stand as witnesses, unless a man accompanies them as a witness.
PROBLEM:- If the witnesses of the Nikah are transgressors (morally and religiously) a blind or involved in guilty of false accusation against chaste innocent women, the Nikah so performed will be valid, but if any of the marrying couple raises any objection subsequently, then the Nikah will not stand as proven on their evidence.
PROBLEM:- The presence of the witness at the time of Eejab-o-Qubool (Nikah) is essential. Therefore if the Nikah is conducted on the authority of Ijazat (permission by the parents/ guardian /vali) and the witnesses were present at the time of Eejab-o-Qubool but were not present when the permission was given, then the Nikah so conducted will be valid, but in the event of reverse condition, the Nikah will not be in order.
PROBLEM:- Witnesses do not mean only the two persons chosen from the gathering, but all those present there morally are also the witnesses except those whose evidence is not reliable for any of the reasons mentioned above.
PROBLEM:- Witnesses are not essential when taking consent of the woman but if they are present at the time of Nikah, the Nikah will be valid. The need of presence of witnesses while taking consent by the woman is necessary because if at any time the woman denies having given the consent, the evidence of the witnesses will become necessary.
PROBLEM:- The practice at some places in appointing a representative on behalf of the (real) Vakil to obtain the consent of the woman is nor correct as a Vakil (representative of the parent of the bride) can not appoint a representative (Vakil) on his own behalf. In such a case the Nikah becomes useless. The correct procedure would be that the Qazi (who conducts the Nihak), should himself become the representative vakil of the Vali of the bride and personally obtain her consent and do the needful afterwards.
PROBLEM:- Before obtaining consent of the bride the identity of both the persons (man and woman) should be established, for the convenience of the witnesses only then the Nikah will be valid. If the woman is present in the gathering, the Qazi can obtain her consents even by a nod (when in evil). The other way is that the parentage of the woman be announced to establish her identity, similarly the woman should also be informed of the identity of her would be husband, while obtaining her consent.
- PROBLEM:- The Eejab-o-Qubool, by both consenting persons should be done in the same sitting (When arrangements for the same have been made). Any breach or rupture in the conduct of the proceedings which do not allow consent of both man and the woman and making it known to the witnesses and all those present and witnessing the ceremony, will make the will not be correct. Any venue of obtaining silmalneous consent, should be arranged.
- PROBLEM:- The terms of Eejab-o-Qubool should be accepted in full an in every respect especially the amount of Meher etc. Imposing new conditions and accepting some part only will make the Nikah unlawful.
- If the girl its has reached puberty (Baligh) then her willingness / consent is essential. Her vali (guardian) has no right to arrange marriage against her will.
- There should be no oblique or clear reference to some future conditions to finalize the marriage.
- The Nikah and the expression there of must be in relation to the person as a whole with whom marriage is sought and not any part of the body which stand for itself. The poetic or allegorical expression should be avoided as they often lead to misgivings and misinterpretations.