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: 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”. 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. There is disagreement among Muslims on the extent to which these amended contracts address the legal disadvantages faced by Muslim women during marriage and in the event of divorce. If husbands and wives agree that they want to apply traditional rules such as dowry obligations, the marriage contract is an important tool. But for those who are against the general framework of differentiated rights and obligations or against certain male prerogatives, changes to prenuptial agreements cannot solve the problem successfully. Regardless of the provisions attached to the contract, for example, the legal structure of marriage in Islamic jurisprudence presupposes the husband`s constant sexual access to his wife and his right to unilaterally terminate the marriage at any time. To solve these problems, the legal concept of milk, property or control and its place in Muslim marriage must be fundamentally reconsidered – in other words, the fundamental nature of the marriage contract itself. In Islam, marriage is considered both a social agreement and a legally valid contract. In modern times, the marriage contract is signed in the presence of an Islamic judge, an imam or an elder of the trusted community who is familiar with Islamic law.
The process of signing a contract is usually a private matter involving only the immediate families of the bride and groom. The contract itself is known as Nikah. After the wedding, the groom organizes a banquet called Walima. Relatives, neighbors and friends are invited to raise awareness about the wedding. The rich and poor of the family and community are invited to the wedding celebrations. The Prophet Muhammad (s) said, “The worst celebration are those wedding feasts to which the rich are invited and the poor are left out.” (Mischkat) It is recommended that Muslims participate in wedding ceremonies and wedding celebrations by invitation. Prophet Muhammad (s) said, “. and he who refuses to accept an invitation to a wedding feast truly obeys Allah and His Prophet.
(Ahmad and Abu Dawood) Printed with Permission: Marriage and Family in Islam by Mohammad Mazhar Hussaini Once all the conditions are met, anyone can conduct the Nikah 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. Although plural marriage is allowed in Islam, in the current scenario it is considered a shameful and unacceptable act for his wife and wali, they were forced to marry secretly (with good intentions and for allah`s sake) without the consent of his wife, family and family to make their relationship halal. The Nikka was executed in the presence of two Muslims (foreigners for them) and he gave him Mahr and pronounced it Nikah. This issue is not known to anyone else, and they want to keep it as secret as possible to avoid problems in their personal and social lives. They are very understanding and willing to sacrifice everything for the good of Allah. 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.
== References == The focus here is on “Islamic law” in the sense 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. Islamic jurisprudence, as elaborated by various schools of legal thought, considers that the main purpose of the marriage contract is to make sexual relations between a husband and wife legal (halal) and to legitimize the resulting descendants. The marriage contract also sets out other rights and obligations for each spouse. In addition to the basic requirement of “good mutual treatment”, which is not defined by law, these rights and obligations are differentiated according to sex. They are also interdependent: a spouse`s failure to fulfil a particular obligation may compromise his or her right to a particular right. An important purpose of the contract is to make sexual intercourse legal. This is supported by various hadiths and quotations: as with any marriage, someone must suggest that the Nikah process begins. Imam Elturk explains that the woman or man can propose marriage as long as the intention is to marry. While in many cultures it is often more common for a man to make a proposal, in Islam, the woman (or her family) may suggest “as was the case with Khadijah, the Prophet`s first wife, peace and blessings upon him,” Eltürk says. 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. The marriage contract can also determine where the couple will live, whether or not the first wife allows the husband to take a second wife without his consent. .