FAMILY LAW - II

“Nikah- Concept of marriage among Muslims”

Submitted By: Submitted To:

Ephraim Vishal Minz Dr. Sangita Laha

Roll no: 680 NUSRL, Ranchi

Semester: IV ‘B’
 “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 have 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.
Research Question:

“Nikah”- Concept of marriage among Muslims, Its scope, nature and essentials.

Methodology:

The Research on Nikah would be an exploratory research. Trying to map the origin,
essentials and case laws related to Muslim marriages.

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