The Islamic Marriage Contract

The marriage (Nikah) contract is a very important element in finalizing the marriage and making a man and a woman lawful for each other. This is probably one of the biggest if not the biggest contract you will ever sign. This is a contract with which you take on a life partner and a start of a family.

There are some very important aspects that everyone must understand of what is included in the marriage contract and what are the conditions and rules pertaining to each section of the marriage (Nikah) contract. Another point to note is that for a marriage contract to be valid it doesn’t have to be written but it is recommended for future reference and to preserve the rights of the husband and the wife.

Elements of the Marriage Contract

6 Conditions

i.    Bridegroom’s Eligibility
a)    Must be a Muslim Male
b)    Should be chaste
c)    Should be sane
d)    Should have attained puberty
e)    May not have a permanent prohibiting relationship for the purpose of Marriage
f)    May not have a temporary prohibiting relationship for the purpose of Marriage
g)    Must accept contract willfully with no compulsion

ii.    Bride’s Eligibility
a)    Must be Muslim, Christian or Jewish Female
b)    Should be chaste
c)    Should be sane
d)    May not be married or still in iddah
e)    May not have a permanent prohibiting relationship for the purpose of Marriage
f)    May not have a temporary prohibiting relationship for the purpose of Marriage
g)    Must accept contract willfully with no compulsion

iii.    Bridegroom’s consent
a)    A verbal consent is sufficient

iv.    Bride’s consent
a)    A verbal approval or consent
b)    A passive approval or consent (passive is considered to be silence. If there are any objections the woman should clearly state her disapproval)

v.    Wali’s (Guardian or Representative) Approval or Consent
a)    A verbal approval or consent
b)    Must be a Male who would look out for the best interest of the Bride

vi.    Presence of two Male Witnesses
a)    Must be Adults and Sane
b)    Must be Trustworthy
c)    The witnesses must hear all details of the contract including the permission given by the bride to the Wali.

2 Pillars

These two portions of the Nikah (marriage) are the two pillars of the contract. This shows the mutual agreement between the two parties to join in the marriage bond. This is stated clearly in well defined words in one sitting in the presence of the witnesses.
i.    The Offering (ijab)
ii.    The Acceptance (qabul)

Obligations

Mahr (Dowry)
a.    It is a mandatory marriage gift to be given by the husband to the wife at the wedding.
b.    Mahr doesn’t have to be specified in the marriage contract but something must be given as a gift to the wife as a gift by specifying that this is her mahr.
c.    The Mahr is solely for the wife and no one else has any right over it.
d.    Mahr can be money, jewelery, property, clothes or any other material things. Mahr can also be non material gifts.

Any other Optional Elements Added to the Marriage Contract

At the time of enacting the marriage contract the two parties can set conditions in the marriage contract as long as they don’t violate any Islamic principles and are permissible and acceptable. The conditions must be agreed upon by both parties. The conditions can later be removed or suspended from the party that put the condition upon the other party and if the condition(s) are violated the person has the right to end the marriage contract. A condition can also be removed or suspended by a judge if the judge finds that it is in violation of Islamic principles.