Define the concept of Muslim marriage (Nikah) according to Muslim law.
Definition of Marriage (Nikah)
The Arabic word Nikah (Marriage) literally means the union of the sexes and in law this term means ‘marriage’. The Nikah in Islam has a deeper and a vast approach in terms of carrying out the rights and duties, keeping up religious, social and moral values and fulfilling all obligations that comes with it.
Under Muslim law marriage is a civil contract for legalisation of the intercourse and for legitimation of the children. The word ‘marriage’ has been defined by the different Jurists at different times in a different manner
According to Ashabah, “Marriage is a contract underlying a permanent relationship based on mutual consent on the part of a man and woman.”
According to J. Mohammad, “Marriage among Mohammedan is not a sacrament (sanskar) but purely a civil contract.”
According to Wilson, “Marriage is a contract for the purpose of legalising sexual intercourse, and for procreation of children.”
Baillie, “It is a contract which has for its design or object the right of enjoyment and the procreation of children.”
According to Fitzgerald, “Although a religious duty, marriage is emphatically not a sacrament in Islam. There are no sacraments in Islam. Nor is it coverture.”
According to Hedaya, “Marriage is a contract for the purpose of legalising sexual intercourse, and for procreation and legitimation of
children, and the regulation of social life in the interest of the society by creating the rights and duties between the
parties themselves, between cach of them and the children born from the union.”
On the analysis of the above-mentioned definitions, we find that in the eyes of law, a Muslim-marriage is
a civil contract. The object of the marriage-contract is (a) To provide legal validity to the sexual relationship of husband and wife, and (b) To legalise the children.
It may be botted that without a valid contract of marriage, the relationship between a man and woman is unlawful (zina). Marriage also legalises the children born out of that marriage. Children born out of any union other than a valid marriage are illegitimate. It is, therefore, clear that juridically (i.e., from the point of view of the courts) a Muslim-marriage is a civil contract, and it is not a sacrament. The islamic concept of Nikah has an ideological, spritual, moral and social basis collectively. It has laxity to adjust to the needs, desires, choices and preferences of men and women. We fix the duties and responsibilities as per the capabilities of men and women.
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