by Mohammad Mazhar
Mutual Agreement of Bride and Groom
Marriage
(nikah) is a solemn and sacred social contract between bride and groom.
This contract is a strong covenant (mithaqun Ghalithun) as expressed in
Quran 4:21). The marriage contract in Islam is not a sacrament. It is
revocable.
Both parties mutually agree and enter into this
contract. Both bride and groom have the liberty to define various terms
and conditions of their liking and make them a part of this contract.
Mahr
The
marriage-gift (Mahr) is a divine injunction. The giving of mahr to the
bride by the groom is an essential part of the contract.
'And give the women (on marriage) their mahr as a (nikah) free gift" (Quran 4:4)
Mahr is a token commitment of the husband's responsibility and may be
paid in cash, property or movable objects to the bride herself. The
amount of mahr is not legally specified, however, moderation according
to the existing social norm is recommended. The mahr may be paid
immediately to the bride at the time of marriage, or deferred to a
later date, or a combination of both. The deferred mahr however, falls
due in case of death or divorce.
One matrimonial party
expresses 'ijab" willing consent to enter into marriage and the other
party expresses 'qubul" acceptance of the responsibility in the
assembly of marriage ceremony. The contract is written and signed by
the bride and the groom and their two respective witnesses. This
written marriage contract ("Aqd-Nikah) is then announced publicly.
Sermon
The assembly of nikah is addressed with a marriage sermon
(khutba-tun-nikah) by the Muslim officiating the marriage. In marriage
societies, customarily, a state appointed Muslim judge (Qadi)
officiates the nikah ceremony and keeps the record of the marriage
contract. However any trust worthy practicing Muslim can conduct the
nikah ceremony, as Islam does not advocate priesthood. The documents of
marriage contract/certificate are filed with the mosque (masjid) and
local government for record.
Prophet Muhammad (S) made it his
tradition (sunnah) to have marriage sermon delivered in the assembly to
solemnize the marriage. The sermon invites the bride and the groom, as
well as the participating guests in the assembly to a life of piety,
mutual love, kindness, and social responsibility.
The
Khutbah-tun-Nikah begins with the praise of Allah. His help and
guidance is sought. The Muslim confession of faith that 'There is none
worthy of worship except Allah and Muhammad is His servant and
messenger" is declared. The three Quranic verses (Quran 4:1, 3:102,
33:70-71) and one Prophetic saying (hadith) form the main text of the
marriage. This hadith is:
'By Allah! Among all of you I am the
most God-fearing, and among you all, I am the supermost to save myself
from the wrath of Allah, yet my state is that I observe prayer and
sleep too. I observe fast and suspend observing them; I marry woman
also. And he who turns away from my Sunnah has no relation with me".
(Bukhari)
The Muslim officiating the marriage ceremony
concludes the ceremony with prayer (Dua) for bride, groom, their
respective families, the local Muslim community, and the Muslim
community at large (Ummah)
Marriage (nikah) is considered as
an act of worship (ibadah). It is virtuous to conduct it in a Mosque
keeping the ceremony simple. The marriage ceremony is a social as well
as a religious activity. Islam advocates simplicity in ceremonies and
celebrations.
Prophet Muhammad (S) considered simple weddings the best weddings:
'The best wedding is that upon which the least trouble and expense is bestowed". (Mishkat)
Primary Requirements
1) Mutual agreement (Ijab-O-Qubul) by the bride and the groom
2) Two adult and sane witnesses
3) Mahr (marriage-gift) to be paid by the groom to the bride either
immediately (muajjal) or deferred (muakhkhar), or a combination of both Secondary Requirements
1) Legal guardian (wakeel) representing the bride
2) Written marriage contract ("Aqd-Nikah) signed by the bride and the groom and witnesses by two adult and sane witnesses
3) Qadi (State appointed Muslim judge) or Ma'zoon (a responsible person officiating the marriage ceremony)
4) Khutba-tun-Nikah to solemnize the marriage
The Marriage Banquet (Walima)
After
the consummation of the marriage, the groom holds a banquet called a
walima. The relatives, neighbors, and friends are invited in order to
make them aware of the marriage. Both rich and poor of the family and
community are invited to the marriage feasts.
Prophet Muhammad (S) said:
'The worst of the feasts are those marriage feasts to which the rich are invited and the poor are left out". (Mishkat)
It is recommended that Muslims attend marriage ceremonies and marriage feasts upon invitation.
Prophet Muhammad (S) said:
"...and he who refuses to accept an invitation to a marriage feast,
verily disobeys Allah and His Prophet". (Ahmad & Abu Dawood)