Fiqh Series: The Nikah (Marriage) Contract

Fiqh Series: The Nikah (Marriage) Contract

v  There are two essential components to the marriage contract:

1) The offer – “I marry to you (so and so)”

2) The acceptance – the other says, “I accept this marriage” or “I marry her”

3) The permission of the guardian:

A’ishah narrated that the Messenger of Allah () said, “If any woman marries without the permission of her guardian, then her marriage is void, then her marriage is void, then her marriage is void. If he has intercourse with her, then she is deserving of the dower that makes he permissible for him. If there is a dispute, then the ruler is the guardian of one who does not have a guardian.”[1]

The Prophet (peace and blessings of Allaah be upon him) said: “Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid.”[2]

o   The guardian must be free, adult, sane, righteous Muslim who is of the same religion as the woman for whom he is a guardian. The father of the woman has the most right to be the guardian.

4) The presence of witnesses:

A’ishah narrated that the Messenger of Allah () said, “There is no marriage except with a guardian and two reputable (trustworthy) witnesses.”[3]

o   A marriage is not valid without the presence of two, just male witnesses.

 References: 

[1] Recorded by Ibn Majah. Graded Sahih by sheikh albani in Sahih Sunan Ibn Majah

[2] Narrated by al-Tirmidhi (1102), classed as Sahih by sheikh albani in Irwa’ al-Ghaleel (1840).

[3] Recorded by Al-Bayhaqi and Ibn Hibban. Grade Sahih by sheikh albani

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