Definition Object and Nature of Nikah

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Acknowledgement Exchange of ideas generates a new object to work in a better way. Whenever a person is helped and cooperated by others, his heart is bound to pay gratitude and obligation to them. First of all I would like to thank the all mighty God who is omnipotent. I would also like to extend my sense of gratitude and reverential regard to Mrs. Mona Sharma without her support the project could not have been completed. I would like to give my genial and sincere thanks to my parents for catering all my needs. I would also like to thank each and every element who/which were directly or indirectly instrumental in completion of this project.

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Preface Marriage has been considered as one of the most important social institution. The times when marriage as an institution was nonexistent in the society are marked with utter chaos. Marriage is a universal institution which is present in each and every religion and society in the world. Marriage is known as “Nikah” in Islam. The Qur‟an asserts that “Marriage is the only legitimate way to satisfy ones sexual desire”. The Qur‟an also commands the poor to marry as it is written that God will shower bounty upon such people. Unlike other major religion, Islam doesn‟t believe in celibacy. According to Maulana Ashraf Ali Thanvi Rahmatullah Alaihi of Deoband Darul Uloom through nikah “the affairs of this world and hereafter are put in order”. Muslim scholars are great advocates of nikah and say that each believer should perform nikah as it is virtuous. The project aims at seeing the definition, object and nature of nikah, which is integral to the Islamic social order.

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Table of Contents 1. Acknowledgement…………………………………………………………………..1 2. Preface……………………………………………………………………………….2 3. Introduction………………………………………………………………………….4 4. Definition, Nature and Object of Nikah……………………………………………..5 5. Bibliography………………………………………………………………………….9

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Introduction The fundamental concept of individual liberty and responsibility, which is a corner-stone of Muslim jurisprudence, is incorporated even in the institution of marriage. In Muslim law, marriage depends upon the free volition of the parties concerned, so does its dissolution, though the wife‟s volition in this regard is subordinate to that of the husband, since the Muslim jurists believe that of the two partners the husband on account of his physical and intellectual superiority, has to play a dominant role, and the wife is therefore, so much so that she practically enjoys no marital freedom. Wilson defines a Muslim marriage as a “contract for the purpose of legalizing sexual intercourse and procreation of children”. Marriage is recognized in Islam as the basis of society. It is a contract, but it is also a sacred covenant. Marriage as an institution leads to uplift of man and is a means for the continuance of the human race. Spouses are strictly enjoined to honour and love each other. Prophet asked people to see their brides before marrying them, and taught that nobility of character is the best reason for marrying a woman. In discussing a question of the payment of dower Sir Shah Muhammad Sulaiman C.J. observes: It may not be out of place to mention here that Maulvi Samiullah collected some authorities showing that a marriage is not regarded as a mere civil contract, but as religious sacrament. Hence the saying that marriage partakes of the nature both of ibada(worship ) and muamala(worldly affairs). We will look at the definition, object and nature of nikah in subsequent sections of this project.

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Definition, Nature and Object of Nikah Nikah is defined to be a contract which has for its object the procreation and legalizing of children. Marriage according to the Mohemedan law is not a sacrament but a civil contract. All the rights and obligations it creates arise immediately and are not dependent on any condition precedent such as the payment of dower by a husband to a wife. Ameer Ali cites an ancient text defining the object of nikah as follows: „Marriage is an institution ordained for the protection of society and in order that human beings may guard themselves from foulness and unchastity and and Mahmood J. in the leading case of Abdul Kadir v. Salima observes: „Marriage among Muhammadans is not a sacrament but purely a civil contract and though solemnized generally with recitation of certain verses from the Kuran, yet the Muhammadan law does not positively prescribe any service peculiar to the occasion‟. The objects are therefore are the promotion of a normal family life and legalization of children. It is to be distinguished from the modern notion of marriage by the toleration of a modified form of polygamy. On the other hand, Abdul Rahim says that a Muslim marriage is both in nature of ibadat, a devotional act, and muamalat, a dealing among men. Krishna Iyer J. councurs with the view. In this paper, “Reform of the Muslim Personal Law, he said: “The impression that a Muslim marriage is a mere contract and not, therefore, sufficiently solemn or sacred is another fallacy”. The most remarkable feature of Muslim Jurisprudence is, that even at the beginning of the development of their juristic thought, they squarely the marriage essentially as a civil contract- a concept that developed fully only after the industrial revolution. Thus it is submitted that in its formation the Muslim marriage is essentially a contract, though in its dissolution the dominant position of the husband is recognized. The original meaning of the work nikah is the physical relationship between man and woman. It is also used secondarily to refer to the contract of marriage which makes that relationship lawful. Which of the two meanings is intended can be determined by the context in which it is used. As for the definition of marriage in fiqh, the simple definition would go something like this:

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"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 (a modern scholar) defines it like this: "A contract that results in the man and woman living with each other and supporting each other within the limits of what has been laid down for them in terms of rights and obligations." Ibn Uthaimeen takes an even more comprehensive view of the institution of marriage in his definition of it as: "It is a mutual contract between a man and a woman whose goal is for each to enjoy the other, become a pious family and a sound society."

Like anything a Muslim does, marriage should only be undertaken after gaining an understanding of all that Allah has prescribed in terms of rights and obligations as well as gaining an understanding of the wisdom behind this institution.

Nearly all people and all

societies 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 not knowledgeable of the fiqh of buying and selling. Likewise, a Muslim should not engage in something as important as marriage without having understanding of the purpose of marriage in Islam as well as a comprehensive understanding of the rights and obligations which it brings about. One of the principles of Islamic Jurisprudence says that: "The default state of all things is lawfulness until some evidence shows otherwise." Based on this, if new foods are discovered, they are considered lawful, unless there is some specific reason or attribute which would make it forbidden for example if it is causes intoxication. Relations between men and women do not

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follow 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) On of the most important purposes of marriage is to continue and increase the population of the Muslims. Clearly, this goal could be achieved without marriage, but when actions are undertaken in disobedience to Allah, they do not receive the blessing of Allah and the whole society is corrupted. The Prophet (sas) said: "Ankihoo

fa

inniy

mukaathirun

bikum

al

umam

yaum

al-Qiyama"

"Marry, for I will outnumber the other nations by you on Qiyama." (Ibn Majah Sahih) It should be stressed that the goal is not simply to produce any child that will live in the next generation. It is to produce righteous children who will be obedient to Allah and who will be a source of reward for their parents after they die. The Prophet (sas) will NOT be boasting before the other 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 the training and education they need not just to grow, but to succeed as Muslims worshipping and obeying Allah. This obligation may include migration (hijrah), establishing of Muslim communities and schools and other obligations. As the scholars have said in another principle of fiqh: "Maa

laa

yutimmu

al-wajibu

illa

bihi

fa

huwa

wajib."

"That without which an obligation cannot be fulfilled is itself obligatory." Pleasure Islam is the religion of the fitrah - the religion which is consistent with the natural instincts and needs of mankind. It is not like the man-made (of modified) religions which set unnatural constraints 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 inclined

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toward men.

Marriage is the institution which fulfills this desire and channels it in ways

pleasing to Allah Most High. Allah mentions this attraction: {Zuyyina li an-naasi hubbu ash-shahawaati min an-nisaa'i wa al-baneen...} {The love of the desires for women, sons, has been made attractive to people.} Aal'Imraan:14 The Messenger of Allah himself made clear that the attraction between the sexes is something natural and not something to be denied or suppressed - only chanelled in the ways pleasing to Allah Most High, saying: "Hubbiba ilayya min dunyaakum an-nisaa'u wa at-teebu wa ju'ilat qurratu 'ainiy fiy assalat." "Women and perfume have been made beloved to me of this world of yours and my peace of mind is in the prayer." (Ahmad & others - sahih) The desire of men and women for each other is an urge which needs to be fulfilled. If it is left unfulfilled, it will be a source of discord and disruption in society. For this reason, the Prophet ordered all men who are capable of meeting the responsibilities of marriage to do it: "Man kana minkum dhaa tawlin, falyatazawwaj fa innahu aghadhdh lilbasari wa ahsanu lilfarji

wa

man

laa

fa

as-saumu

lahu

wijaa."

"Whichever of you is capable should marry for it will aid him in lowering his gaze and guarding his body (from sin). As for the one who is not capable, fasting is his protection." (An-Nasaa'i - sahih)

Thus it can be concluded that nikah holds a very integral place in the Islamic world and it is obligatory on the part of evey follower of Islam to perform a lawful nikah.

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Bibliography 1. Muslim Law in Modern India, Dr. Paras Diwan Allahbad Law Agency, Third edition 1985 2. Mulla Principles of Mahomedan Law, M. Hidayatullah , N.M Tripathi Private ltd. 1977 3. Outlines of Muhammadan Law, Asaf A.A. Fyzee, Oxford University Press, Fourth edition

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