NATIONAL UNIVERSITY OF STUDY AND

RESEARCH IN LAW, RANCHI

“NIKAH- CONCEPT OF MARRIAGE AMONG MUSLIMS”

Submitted By: Submitted To:

Shivam Gupta Dr. Sangita Laha

Roll no: 889 Associate Professor-Cum Dean

Semester: IV ‘A’ NUSRL, Ranchi

 “NIKAH” – A SOCIAL CONTRACT

INTRODUCTION:

For Muslims, the institution of marriage is regarded as extremely important Sacrament.

Muslims marriages are contracts of a relatively simple nature which only requires offer and
acceptance in front of two witnesses. Apart from socio cultural practices, Muslim marriages
require little ceremony or ritual to give the marriage legality. In effect it is a civil contract with
religious overtones.

The Holy Prophet said: “Men marry for their property, status or their beauty: but you should
marry for their piety (Ibadat). Thus, marriage partakes the nature of Ibadat (worship) and
muamalat (worldly affairs).

In substance a Muslim marriage is a contract but a sanctified religious contract. Hence Muslim
jurists regard Nikah to be both temporal and religious at the same time. It is not purely a civil
contract or a sacrament but a religious, solemn and sacred covenant for life.

There are several types of Nikah and each has abstract essentials and obligations. The Muslim
marriage is revocable, they may be temporary or permanent but still there is always a provision
of divorce in each kind of marriage.

OBJECTIVE:

 To understand the scope and nature of Laws of Muslim marriage.

 To distinguish between Muslim marriages and Hindu marriages.
 To show the development of Muslim marital Laws through different cases.
 To understand Nikah is real form of contract or sacrament.

RESEARCH PROBLEM:-

In this research paper we can deal with problem related to concept of Nikah in the Muslim law.
We can research about why mehr is so important in Nikah or why witness is so necessary in
Nikah. Nikah is valid form of contract or not. Who can be witness. There are compulsion of three
times of qubul in Nikah? What types of difference exist between traditional type of Nihah and
this time of Nikah. Difference between Hindu law and muslim law. To understand Nikah is
sacrament or contract if contract them why did it not registered, to understand development
through the case and legislature amendment like Shah Bano Case, Shayara Bano case, Triple
talaq amendment and many more. Under Nikah what types of customs followed. In what type of
relation Nikah can be happened. This types of all problem we can discuss through this research
paper.

RESEARCH QUESTION:

 How is Nikah a valid form of contract. IF Nikah is not legally registered.

 Is mahr compulsory in Nikah.
 How many witness is necessary in Nikah and why?
 What is the scope, nature and essentials in Nikah concept of marriage among
Muslims.

HYPOTHESIS:

 Nikah is considered valid form of Nikah with legally registration.

 Mehr is compulsory in Nikah.
 In Nikah ,there are two witness necessary.
 Nikah is contract rather than sacrament.

RESEARCH METHDOLOGY :

Method -In this present project includes only one method:

 Doctrine

Source of data

In this present project has used source of data:

 Books
 Websites
  Statues

LITERATURE REVIEW:

Abhimanyu in his research paper “Nikah-A Social Contract” concluded that “Nikah” amongst
Muslims has been considered as most pious act. In ‘Raddul-Mukhtar’ it has been mentioned as
“there is no act of devotion that has remained prescribed for us, since the time of Adam, upon
him be peace, up to this moment, and which is to be continued in paradise except Nikah (or
marriage) and Imaan (or faith)”. The meaning of marriage is wedlock or the mutual relation of
husband and wife or the institution whereby a man and a woman are joined in a special kind of
social and legal relationship for the purpose of making a family.
Purendra Bjajpei in his paper “Marriage form In Muslim Law” concluded that The Arabic
word ‘Nikah’ (marriage) means “the union of sexes” and in law, this means “marriage”. The
term ‘Nikah’ has been used for marriage under Muslim law. ‘Nikah’ literally means “to tie up
together”. It implies a particular contract for the purpose of legalizing generation. Nikah in its
primitive sense means carnal conjugation.
In Quran, the word Nikah has been used in both senses of sexual connection and of contract of
marriage. Quran prohibits Nikah with a woman with whom their fathers had Nikah. Quran says:
“And marry not women whom your fathers married, except what is past: it was shameful and
odious, - an abominable custom indeed”.
Nikita Khare in her paper “Nature of Muslim Marriage” described that  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 .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.
Naseem Akhter, in his research paper “Marriage in Islam: An Analytical Study with a
Special Focus on Non-Traditional Marriages in India” concluded that Matrimonial is a
permissible agreement between a male and a female in Islam. Own free wills by the both gender
is mandatory to inter in the Islamic marriage. A Female especially has all the rights to choose a
husband for her and no one has the right to force her to marry against her will. However, studies
indicates that the trend like exchange marriage, eloped marriages, cousin marriages, vani, court
marriages, love marriages and forced marriage, etc. are growing day by day in Pakistani Public.
We are discussing the prevailing scenario regarding the trends of now a day kinds of marriages
in this research as well as the instruction of Islam, opinions of the jurisprudence along with the
grounds and motives of such marriages, and perceive them in the view of Islamic teachings to
recognize and classify them to be right or wrong.
CHAPTERIZATION:
 Introduction to Nikah
 Nikah then and now
 Types of Nikah
 Essentials of Nikah to be a valid social contract
 Marriage in Hindu Law vs. Marriage in Hindu Law
 Case Studies
 Analysis
 Conclusion

REFERENCES:

 Wael Hallaq, An introduction to Islamic Law

 Kahkashan Y Danyal, Muslim Law Of Marriage Dower Divorce And Maintenance
 Tahir Mahmood, The Muslim of India, http://www.bhu.ac.in/lawfaculty/blj2006-072008-
09/BLJ_2006/12_M.N.Haque.doc
 Muslim Law in India and Abroad by Tahir Mahmood, Saif Mahmood.
 Abhimanyu , (2016)“Nikah-A Social Contract”: An Introduction to Muslim Women’s
Rights in Windows of Faith: Gisela Webb Syracuse University Press.
 Khare ,Nikita: “Nature of Muslim Marriage” :Delhi Contributions to Indian Sociology,
43(1), 1-33.
 Akhter, Naseem, (2018)“Marriage in Islam: An Analytical Study with a Special Focus
on Non-Traditional Marriages in India”: FWU Journal of Social Sciences, Winter 2018,
Vol.12, No.2, 179-189