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INTRODUCTION
DEFINITION OF NIKAH1.Preliminary-
nikah in pre Islamic Arabia,meant different forms of sex relationship between aman and a woman established on certain terms,in pre Islamic days,women were treated aschattels, and were not given any right of inheritance and were absolutely dependent.it was prophet mohammad who brought about a complete change in the position of women.Prophet mohammad placed woman on a footing of almost perfect equality with men in theexercise of all legal powers and functions
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.under the muslim law marriage is considerd as civilcontract.after the marriage,women does not lose her individuality.she still remains a distinctmember of community.
2.Definition-
The legal contract between a bride and bridegroom as part of an Islamic marriage;the contract of Islamic marriage; Islamic marriage in general. Nikah is an Arabic term used for marriage. It means "contract".The Quran specifically refers tomarriage as "mithaqun Ghalithun,". Which means "a strong agreement".The original meaning of the work 
nikah
is the physical relationship between man and woman. Itis also used secondarily to refer to the contract of marriage which makes that relationshiplawful. Which of the two meanings is intended can be determined by the context in which it isused.As for the definition of marriage in fiqh, the simple definition would go something like this:"A contract that results in the two parties physically enjoying each other in the manner allowed by the Shari'a."Since this only focuses on one aspect of the marriage contract, Muhammad Abu Zahrah (amodern scholar) defines it like this:"A contract that results in the man and woman living with each other and supporting eachother within the limits of what has been laid down for them in terms of rights andobligations."Ibn Uthaimeen takes an even more comprehensive view of the institution of marriage in hisdefinition of it as:"It is a mutual contract between a man and a woman whose goal is for each to enjoy theother, become a pious family and a sound society.”
ESSENTIAL CONDITION OF NIKAH
 Nikah is based on few conditions. When these conditions are fulfilled, then a man and a womanare proclaimed as husband and wife and can live together and carry on their marital duties. Theseare:
Essentials of Marriage
The essentials of a valid marriage are as follows:-
1 Hedaya,p.25
 
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(i) There should be a proposal made by or on behalf of one of the parties to the marriage,and an acceptance of the proposal by or on behalf of the other party. A Muslim marriagerequires proposal ‘Ijab’ from one party and acceptance ‘Qubul’ from the other side. Thismust be done in one sitting.(ii) The proposal and acceptance must both be expressed at once meeting. The acceptancemust be corresponding to what is being offered.The marriage must be effectivelyimmediate. If the Wali says “ I will marry her to you after two months”, there is nomarriage.(iii) The parties must be competent. The two parties must be legally competent; i.e. theymust be sane and adult.(iv) There must be two male or one male & two female witnesses, who must be sane andadult Mahomedan present & hearing during the marriage proposal and acceptance. (Notneeded in Shia Law)(v) Neither writing nor any religious ceremony is needed.
Essentials Explored
Giving free consent to the marriage personally or through a close relative like father (called Wali). A man and woman say in clear voice three times that they accept (name of the person and his/her father name is called) as their husband/wife. The nikah contractrequires the consent of both parties very strictly if they are adults. There is a tradition insome Muslim countries, outside of the religion, to pre-arrange a marriage for youngchildren. However, the marriage still requires consent of the concerned man and womanwhen they reach adulthood when the wedding actually goes ahead.The amount of Haq-e-Mahr (marriage money) is agreed upon, announced, and paid to the bride at the spot or paid in the future.here the concept of marriage is different from other religious marriage.in muslim marriages bridegroom paid the amount of money to the bride,and the amount is known as DOWER.Two adult free men witness the ceremony.or either 1 adult man and 2 women.but in nocondition only women can be the witness of marriage.so as minor and insane person cannot be the witness of marriage in islam.The nikah is publicised/advertised widely.
AIM & OBJECT OF NIKAH
Like anything a Muslim does, marriage should only be undertaken after gaining anunderstanding of all that Allah has prescribed in terms of rights and obligations as well asgaining an understanding of the wisdom behind this institution. Nearly all peoples and allsocieties practice marriage in some form, just as they practice business (buying and selling).Umar ibn Al-Khattab used to expel people from the marketplace in Madina who were notknowledgeable of the fiqh of buying and selling. Likewise, a Muslim should not engage insomething as important as marriage without having understanding of the purpose of marriage inIslam as well as a comprehensive understanding of the rights and obligations which it bringsabout.One of the principles of Islamic Jurisprudence says that: "The default state of all things islawfulness until some evidence shows otherwise." Based on this, if new foods are discovered,
 
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they are considered lawful, unless there is some specific reason or attribute which would make itforbidden for example if it is causes intoxication. Relations between men and women do notfollow this general principle and in fact are opposite to it. The principle is that: "Relations between men and women are forbidden until some evidence shows otherwise."
Procreation (Children)
One of the most important purposes of marriage is to continue and increase the population of theMuslims. Clearly, this goal could be achieved without marriage, but when actions areundertaken in disobedience to Allah, they do not receive the blessing of Allah and the wholesociety is corrupted. The Prophet said:
"Marry, for I will outnumber the other nations by you on Qiyama."
It should be stressed that the goal is not simply to produce any child that will live in the nextgeneration. It is to produce righteous children who will be obedient to Allah and who will be asource of reward for their parents after they die. The Prophet will NOT be boasting before theother nations on the day of Qiyama with children of Muslim parents who left the path of Islam.Thus it is the responsibility of Muslim parents to seek the means of giving their children thetraining and education they need not just to grow, but to succeed as Muslims worshipping andobeying Allah. This obligation may include migration
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, establishing of Muslim communities andschools and other obligations. As the scholars have said in another principle of fiqh:
"That without which an obligation cannot be fulfilled is itself obligatory."Pleasure
Islam is the religion of the
 fitrah
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- the religion which is consistent with the natural instincts andneeds of mankind. It is not like the man-made (of modified) religions which set unnaturalconstraints on people whether self-inflicted prohibition of marriage (nuns and monks, etc.), prohibition of divorce or monogamy. Men are inclined toward women and women are inclinedtoward men. Marriage is the institution which fulfills this desire and channels it in ways pleasing to Allah Most High. Allah mentions this attraction:
“The love of the desires for women, sons, ... has been made attractive to people.”
The Messenger of Allah himself made clear that the attraction between the sexes is somethingnatural and not something to be denied or suppressed - only channelled in the ways pleasing toAllah Most High, saying:
"Women and perfume have been made beloved to me of this world of yours and mypeace of mind is in the prayer."
2 hijrah3 the religion which is consistent with the natural instincts and needs of mankind
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