MARRIAGE -Nikah
Definition of Nikah:
"Nikah" (Arabic: نكاح) in Islamic law refers to a contractual union between a man and a woman, with the purpose of legalizing sexual relations, procreation, and family life.
MARRIAGE -Nikah
Marriage* (Nikah)
Nikah is a contract for the legalisation of intercourse and the procreation of children'. Ameer Ali defines marriage as institution ordained for the protection of society, and in order that human beings may guard themselves from foulness and unchastity'.In Abdul Khadir Vs Salima, the court held that the marriage is not a sacrament but purely a civil contract. The marriages are remarkable for their extreme simplicity. Formalities: Declaration or offer on the one side. Acceptance by the other.Presence of witnesses.The words must indicate with reasonable certainty that a marriage has beencontracted. The proposal and acceptance must be in one meeting.
Valid Nikah
(i) Capacity : Every Muslim of sound mind who has attained majority can enter into a contract of marriage. The majority is obtained at puberty. This is fixed at 12 for a boy and 9 for a girl. On behalf of the minors marriage consent may be given by the guardians.If the Muslim is married during his minority with the consent of the guardian, the minor has a right to repudiate such marriage on attaining majority, This is called the Option of Puberty. In the case of a girl married during her minority, she can get the marriage dissolved if she can prove that
(a) she was married during her minority with the consent given by .father or guardian.