|
The contract
Marriage (nikah) for Muslims is a serious and sacred contract between a bride and groom. This strong covenant (see the Qur'an 4:21) is not a sacrament (as marriage is said to be for Christians) and it is not forever binding. A marriage contract can be dissolved and the couple may divorce.
Both the man and woman must freely enter into the marriage contract and both must agree to the terms of the contract. As such, both parties have the right to define the terms and conditions of their marriage contract.
One matrimonial party consents to enter into marriage (ijab) and the other party responds with acceptance of the responsibility (qubul) in the presence of witnesses. A contract agreed upon by the couple is signed by the bride and the groom and their two respective witnesses. This written marriage contract ('aqd-nikah) is then announced publicly.
The nature of the ceremony
In Muslim countries, a state appointed Muslim judge (qadi/qazi) may officiate the nikah ceremony and keep a record of the marriage. However, as Islam does not advocate priesthood, any adult, sane, practicing Muslim can conduct the nikah ceremony.
Marriage (nikah) is considered to be an act of worship (ibadah). While it is also a social event (and often is transformed into a huge cultural activity as well), it is beneficial to keep the ceremony simple, as Prophet Muhammad (peace be upon him) did. The Prophet (peace be upon him) said "The best wedding is that upon which the least trouble and expense is bestowed (Mishkat)."
The requirements of a Muslim marriage
Primary Requirements
1. The man and woman must mutually agree to marry
2. Two adult, sane witnesses must be present
3. A marriage gift (mahr) must be given by the groom to the bride - either at the time of the marriage, at a later date, or some combination of the two.
Secondary Requirements
1. A legal guardian (wakeel) who represents the bride is present.
2. A written marriage contract ('aqd nikah) is signed by the bride and the groom and witnessed by two adult, sane witnesses
3. A qadi (a state-appointed Muslim judge) or ma'zoon (a responsible person who will officiates the marriage ceremony)
4. A sermon (khutba al nikah) is given to solemnize the marriage
The marriage gift
In some cultures, the bride or the bride's family gives the groom money or goods as dowry. In Islam, the opposite takes place. In Islam, it is the groom who is required to give the bride a gift of funds or goods in order for the marriage to take place.
The giving of a marriage gift (mahr) is enjoined by God in the Qur'an. The giving of mahr to the bride by the groom is a crucial part of the contract.
"And give the women (on marriage) their mahr as a free gift" (Quran 4:4)
The mahr is a symbol of the husband's responsibility to his wife and may be paid in cash, property or movable good given to the bride herself. The value of the mahr is not legally specified, however, scholars have recommended moderation. The mahr can be modest or extravagant and may be money, a house, a car, clothing, jewelry, a television, even a Qur'an (the real value of which is inestimable).
The bride's desires and the groom's finances determine the mahr.
The marriage-gift may be paid or given to the bride immediately at the time of marriage, or deferred to a later date, or a combination of both. A deferred mahr becomes due at the death of the husband or if the couple divorce.
The marriage sermon
Since it was the tradition (sunnah) of Prophet Muhammad (peace be upon him), the Muslim officiating the marriage gives a marriage sermon (khutba al nikah) to those assembled. Marriage, responsibility and piety are usual subjects of the marriage sermon.
The marriage sermon will usually begin with the praise of God and a plea for God's help and guidance. The officiant than makes the Muslim statement of faith that "There is no god but God and Muhammad is His messenger."
Traditionally, three Quranic verses (4:1, 3:102, and 33:70-71) and one saying (hadith) of Prophet Muhammad (peace be upon him) form the foundation of the sermon.
The nikah concludes with the Muslim who is officiating saying a prayer (dua) for the couple, their respective families, the local Muslim community, and the larger Muslim community.
The walima
After the consummation of the marriage, the groom holds a banquet called a walima. The community is invited in order to make it aware of the marriage. Following the sunnah of the Prophet (peace be upon him) both the rich and poor of the community are invited to the feast.
Prophet Muhammad (peace be upon him) said: "The worst of the feasts are those marriage feasts to which the rich are invited and the poor are left out". (Mishkat)
And it is recommended that Muslims attend those marriage ceremonies and banquets to which they have been invited.
Prophet Muhammad (peace be upon him) said: "...and he who refuses to accept an invitation to a marriage feast, verily disobeys God and His Prophet." (Ahmad & Abu Dawood)
Reference: "Marriage and Family in Islam" by Mohammad Mazhar Hussaini
|