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What Is a Muslim Marriage Contract

The negotiation and signing of the contract is a prerequisite for marriage under Islamic law, and certain conditions must be met for it to be binding and recognized: fortunately, we have a beautiful marriage, so such regrettable thinking is rare. My husband and I are not talking about the signed papers of our marriage contract lying on the floor of a closet in his office. But it remains a reminder of the time when, in my own eyes, I did not ask questions about my rights. An important purpose of the contract is to make sexual intercourse legal. This is supported by various hadiths and quotes: a bride-to-be may include in her marriage contract conditions that require monogamy for her husband or require his consent before marrying another woman. Polyandry is prohibited. A woman cannot have more than one husband at a time. [Citation needed] There is an ongoing debate about whether or not Sharia should be recognized in Western countries such as the United States and Australia, which would allow Nikkah to be recognized as a legal marriage. [80] [81] There are also other elements in Islamic wedding rituals that the study finds difficult to recognize in court, including mahr or dowry. Women who are denied their dowry do not have a clear path to legal challenge in the United States or Canada. [78] Qur`an [60:10] “O you who believe that when you believe that when you believe in women (abandon the enemy and) you seek asylum, you will test them. God is fully aware of their faith. Once you realize that they are believers, you should not return them to unbelievers.

They are not allowed to remain married to them, and unbelievers will not be allowed to marry them. Return the dowry paid by the unbelievers. You don`t make a mistake by marrying them as long as you pay them their dowry due. Do not hold incredulous wives (if they want to join the enemy). You can ask them for the dowry you paid, and they can ask for what they paid. This is God`s rule; He reigns among you. God is omniscient, very wise. [46] The Nikah ceremony is the Muslim wedding ceremony. In Islamic tradition, the marriage contract is signed during the nikah and during this event, the bride and groom say: “Yes”.

Marriage with what is sometimes called care relationships in English is not allowed, although the concept of “care” is not the same as the English word implies. The relationship is the one formed by sucking the breast of a nurse. This is what is meant by “care” in Islam in the following quote. In Islam, it is assumed that the child has the same degree of affinity for the nurse as in blood relations, so that when the child grows up, marriage with those related to the nurse is forbidden to the same extent as with the child`s own mother. But I hadn`t seen the document. When I asked for it, my mother had rejected my request, saying there was no need because she had already gone through it. When I told my fiancé that I wanted to discuss the contract with him, he wondered why I didn`t trust him to do our best. In Panama City, Florida, amidst the conservative Muslim community where I grew up, signing a marriage contract (Kitab/Nikah) was an important event, full of bubbling and nervous excitement. For my friends and I who grew up with the hijab (Muslim head covering), the marriage contract signaled for the first time that a future husband would see his wife`s hair and body, and also the first time that the couple could touch each other, let alone be intimate.

Once all the conditions are met, anyone can conduct Nikah`s ceremony. The bride and groom repeat the word “qubool” or “I accept” three times. Then the couple and the two male witnesses sign the contract that the imam can provide or the couple can get theirs, making the marriage legal under civil and religious law. Cited in (Al Aqad, 2014), the common problem of translating marriage contracts is due to the varieties of synonyms of words in the Arabic legal system, which in the English system have no equivalence to marriage contracts, such as: مهر, شبكه, صداق – Mahr, Shabkah, Sadaq- (dowry), while all these examples are attributed and influenced to the culture and tradition of the Arabic language. [8] According to Islam, men and women have rights over each other when entering into a marriage contract,[41] with the husband serving most of the time by his means as protector and breadwinner of the family. [Quran 4:34] This guardianship has two aspects for both partners: the husband`s first duty is to pay his wife an agreed dowry (mahr or sadaq); This property, which can range from a symbolic sum to a significant amount of wealth, legally belongs to her and she can save, spend or invest it as she pleases. In exchange for payment of the dowry, the husband receives what is called al-nikah milk, al-`aqd milk or al-bud` milk, “the property (or control) of the marriage (or sexual intercourse)/marriage contract/vulva [of the wife]”; This milk is a prerequisite for legal sexual intercourse. Because he has this control, he and he alone can end the marriage at any time unilaterally by means of a declaration of rejection (talaq). If the wife wants to end the marriage, she must either pay for it to obtain her consent (in divorce for compensation, khul`) or, if she has reasons (which vary according to different schools of legal thought), she can apply for a judicial divorce. In March 2017, Salamet Memetimin, a Uyghur and Communist Party secretary for Bekchan Village in Chaka County, Qira County, Hotan Prefecture, Xinjiang, China, was relieved of her duties for taking her Nikah vows at home. [87] In interviews with Radio Free Asia in 2020, residents and officials of Shufu County (Kona Sheher), Kashgar Prefecture (Kashi) said that it was no longer possible to perform traditional Uyghur Nikah wedding rites in the county.

[88] In addition to the usual marriage until death or divorce, there is another temporary marriage, called zawāj al-mutʻah (“marriage of pleasure”)[2](S. 1045) and is only allowed by branch twelve of Shia Islam for a predetermined period of time. [3] [4] (p. 242) [5] There is also Nikah Misyar, a non-temporary marriage with the abolition of certain conditions such as cohabitation allowed by some Sunni scholars. [6] [7] [8] Muslim marriage is a contract, not a sacrament. While it is important for individuals to have legitimate sexual relations and reproduce as the only religiously sanctioned means (now that the cohabitation of slaves is no longer practiced), marriage is a civil agreement entered into by two individuals or those acting on their behalf. (Learn more about consent and forced marriage.) And because it is a contract (“aqd”), it confers legal rights and obligations on each spouse. This short essay will deal with these rights as well as the crucial questions of how and if they can be modified by contractual provisions (shurut, sing. shart). The emphasis here is on “Islamic law” within the meaning of jurisprudence (fiqh), and not, it should be emphasized, on what Islamic marriage should ideally look like according to the Qur`an or prophetic tradition. And in times when my husband and I have heated arguments that lead to malicious arguments, I would have liked to add provisions like child support and financial support to the contract in the event of separation or divorce.

Once all the requirements are met, opt for decoration and seating if the event takes place at home. Nowadays, nikahs are heavily influenced by the all-white marriage of the West, so couples often use white, creams, and gold for simple, elegant décor. Couples often prefer to have seats at the front of the main hall so that guests can face them during the ceremony. It is also advisable to have a small table nearby to sign the wedding document and sweets that will faint immediately after the ceremony. Studies have also shown that even young Muslim Americans who might call themselves “not very religious” adopt the rituals of their faith at important times in the transition — birth, death, and marriage.