Nikah: A Comprehensive Guide

“Nikah is a contract that two people will live together forever.”

Such was the opening I wrote down to my fiqh class in 1995. It’s simple and profound. Nikah is the Islamic marriage contract. It’s not temporary in nature. It encompasses specific conditions, rights and responsibilities that are adhered to by the contracting parties. This comprehensive guide will explore the concept of nikkah in Hanafi fiqh, detailing its principles and conditions and the rights and obligations of the spouses.

Definition and Importance of Nikah

In Hanafi fiqh, nikaah is defined as a contract that legitimizes the intimate relationship between a man and a woman and establishes their mutual rights and obligations. It is considered a highly recommended act, being a sunnah of the Holy Last Messenger Muhammad, peace be upon him. It therefore holds significant importance in the life of a Muslim. The primary objectives of nikah include:

Bearing children to ensure the continuation of the human race in a fit environment.
Emotional, physical, and spiritual companionship between the spouses.
Moral safeguard of the two parties by providing a lawful means to fulfill their desires.
Social stability of the family structure, which is the cornerstone of a healthy society.

Conditions and Requirements of Nikah

Several conditions and requirements must be met for a nikah to be valid. These include the presence of the contracting parties, the offer and acceptance, witnesses, the dowry (mahr), and the absence of legal impediments.

Contracting Parties: The nikah contract requires the presence of two primary parties—the bride and the groom. Both parties must be of sound mind, have reached the age of maturity (puberty), and consent to the marriage willingly. In Hanafi fiqh, the consent of the bride is essential, and her silence can be interpreted as consent if she is a virgin. For a previously married woman, explicit verbal consent is required.
Offer and Acceptance: The nikah contract involves an offer made by one party and acceptance by the other. This exchange can be performed verbally or in writing. The offer and acceptance must be clear and made in the presence of witnesses.
Witnesses: The presence of at least two adult male witnesses or one male and two female witnesses is mandatory for a valid nikah. These witnesses must be Muslims of sound mind and reputable character. Their role is to attest to the validity of the marriage contract.
Dowry (Mahr): The groom must provide a dowry (mahr) to the bride as part of the nikah contract. The mahr is a gift or payment that the bride has the right to receive, and it can be in the form of money, property or any other valuable item. The key here is that it should be something valuable, not a bottle of perfume or a set of books. The dowry should be something the bride can redeem or use to her advantage in case of divorce or death. Marriage without mahr is invalid. It is due whether the bride accepted Islam or was born as a Muslim. The mahr is determined by mutual agreement between the bride and groom and can be paid immediately or deferred.
Absence of Legal Impediments: The nikah must not violate any legal impediments, such as consanguinity (close blood relationship), foster relationship (through breastfeeding), the lack of prior marital dissolution for the bride or the intention to have a temporary marriage.

The Nikah Ceremony

The nikah ceremony is actually very simple, but it can be as grandiose as the parties desire. It doesn’t need special clothes or appearance, only that the statement of dowry is made with the offer and acceptance for the bride and groom. The person officiating should also have two witnesses with him. A sermon may be given and a contract can also be signed.

Rights and Responsibilities of the Spouses

Nikah establishes mutual rights and responsibilities for both the husband and wife. These rights and responsibilities are intended to create a balanced and harmonious marital relationship.

Rights of the Wife in Nikah

A wife is due the following from her husband:

Financial Maintenance: The husband is obligated to provide for the wife's financial needs, including food, clothing, shelter, and medical care, according to his means and their mutual agreement.
Mahr: The wife has the right to receive the dowry stipulated during the wedding. This is her exclusive property and cannot be taken away by the husband.
Companionship: The wife has the right to companionship, love, and respect from her husband. The husband is expected to treat her kindly and fulfill her emotional and physical needs.
Justice: If the husband has more than one wife, he is required to treat all his wives with fairness and justice, providing equal financial support, time and attention.

Rights of the Husband in Nikah

Respect and Obedience: The wife is expected to respect and obey her husband by supporting his decisions, remaining faithful to his wishes and maintaining family harmony.
Household Management: The wife is responsible for managing the household affairs, including taking care of the home and raising children. This is done with the financial support and knowledge of the husband.

Termination of Nikah

The intention when getting married is that the couple will stay together forever. It is not to gauge compatibility or to have a marriage of convenience that lasts a few months. However, there are cases where there is no possibility to fulfill the rights of the bride or groom. In these cases, the nikah can be terminated. In Hanafi fiqh, marriage can be terminated through various means, including divorce (talaq), annulment (faskh), and separation (khula'). Each method has specific conditions and procedures that must be followed:

Divorce (Talaq): Talaq is the unilateral right of the husband to dissolve the nikah. It can be pronounced up to two times, in public or private, and the husband can reconcile afterwards. If it is pronounced three times the divorce is irrevocable. A divorced wife must observe a waiting period (iddah) before she can remarry. The iddah period serves to ascertain whether the wife is pregnant and to ensure clarity in lineage.
Khula': Khula' is a form of divorce initiated by the wife to a judge, where she offers compensation to the husband in exchange for her release from the marriage. The compensation usually involves the mahr. When the husband agrees to the khula', it is typically finalized through a legal process.

Each of the four schools of thought, including Hanafi, contain their own specific legal rulings on nikah and divorce, although the principles are all the same. People are encouraged to follow one of the four jurists and to see a qualified scholar on marriage to avoid mixing schools in an attempt to justify one’s own opinion or desires.

Each school of thought is a comprehensive and well-defined institution initiated by those who dedicated their lives to the detailed study of Islam. Their dedication is what helps couples along the journey of this sacred covenant that establishes a lawful and harmonious union between a man and a woman. The goal is to promote moral integrity, social stability and companionship built on mutual respect, love and faith. Blessings on your journey.

-Noora Ahmad, guest blogger on Hijabi Bride, received her master’s degree from International Quranic Open University.