Nikah, the Islamic term for marriage, is a fundamental institution in Islam, regarded not merely as a civil contract but as a sacred covenant (mithaqan ghalithan). It serves as the bedrock of the family unit, which is the cornerstone of a healthy and pious society.
The Concept and Purpose of Nikah
In Islam, Nikah is a multifaceted institution designed to fulfill spiritual, social, psychological, and physical needs in a manner that is pleasing to God. It is a relationship founded on love, mercy, and a shared commitment to upholding Islamic values. The Qur’an and Hadith beautifully articulate its core purposes.
1. Companionship, Tranquility, and Procreation: The Qur’an describes marriage as a divine sign and a source of profound emotional and spiritual fulfillment. It states:
“And of His signs is that He created for you from yourselves mates that you may find tranquility in them; and He placed between you affection and mercy. Indeed, in that are signs for a people who give thought.” (Qur’an 30:21)
This verse highlights the primary objectives of marriage: to find sakinah (tranquility, peace), mawaddah (affection, love), and rahmah (mercy, compassion). It is a partnership that allows for the legitimate continuation of the human race, as mentioned in another verse:
“And Allah has made for you from yourselves mates and has made for you from your mates sons and grandchildren and has provided for you from the good things.” (Qur’an 16:72)
2. A Social Responsibility and a Fortress Against Immorality: Marriage is strongly encouraged as a means of protecting one’s chastity and building a morally sound society. The Qur’an commands the community to facilitate marriage for those who are single:
“And marry the unmarried among you and the righteous among your male slaves and female slaves. If they should be poor, Allah will enrich them from His bounty, and Allah is all-Encompassing and Knowing.” (Qur’an 24:32)
This social obligation is reinforced by the famous Hadith of the Prophet Muhammad (pbuh), who directly addressed the youth:
“O young people! Whoever among you can marry, should marry, because it helps him lower his gaze and guard his modesty (i.e., his private parts from committing illegal sexual intercourse etc.), and whoever is not able to marry, should fast, as fasting diminishes his sexual power.” (Narrated by Abdullah ibn Mas’ud, Sahih al-Bukhari)
Thus, Nikah is both a personal fulfillment and a social safeguard, channeling human desires towards a constructive and spiritually rewarding path.
Prohibited Categories for Marriage
To preserve the sanctity of the family, prevent moral corruption, and maintain clear lines of lineage, Islam has explicitly forbidden marriage to certain categories of relatives. These prohibitions are permanent and are detailed primarily in the Qur’an.
1. Prohibition Based on Faith: The Qur’an prohibits believers from marrying polytheists (Mushrikun and Mushrikat) due to the fundamental incompatibility of belief systems and the spiritual danger it poses:
“And do not marry polytheistic women until they believe… And do not marry polytheistic men [to your women] until they believe… Those invite [you] to the Fire, but Allah invites to Paradise and to forgiveness, by His permission.” (Qur’an 2:221)
2. Prohibitions Based on Consanguinity (Blood Ties), Affinity (Marital Ties), and Fosterage: Surah An-Nisa provides a comprehensive list of women with whom a man is forbidden to marry:
“Prohibited to you [for marriage] are your mothers, your daughters, your sisters, your father’s sisters, your mother’s sisters, your brother’s daughters, your sister’s daughters, your [milk] mothers who nursed you, your sisters through nursing, your wives’ mothers, and your step-daughters under your guardianship [born] of your wives unto whom you have gone in. But if you have not gone in unto them, there is no sin upon you. And [also prohibited are] the wives of your sons who are from your [own] loins, and that you take in marriage two sisters simultaneously, except for what has already occurred. Indeed, Allah is ever Forgiving and Merciful. And [also prohibited are] all married women except those your right hands possess…” (Qur’an 4:22-24)
This list establishes three core categories of prohibition:
- By Blood: Mothers, daughters, sisters, paternal and maternal aunts, and nieces.
- By Marriage: Mother-in-law, stepdaughter (from a wife with whom the marriage was consummated), and daughter-in-law. It is also forbidden to be married to two sisters at the same time.
- By Fosterage (Rada’a): Women who acted as a wet nurse are considered “milk mothers,” and their relations become prohibited as if they were blood relations.
Conditions Governing the Validity of a Nikah
For a Nikah to be valid and recognized under Islamic law, several essential conditions (shurut) and pillars (arkan) must be fulfilled.
1. Offer and Acceptance (Ijab wa Qabul): The marriage must be based on a clear, unambiguous offer from one party (e.g., the bride’s guardian or the groom) and a clear acceptance from the other, stated in the past tense to signify a completed contract. This must occur in a single session.
2. The Mahr (Dower): The Mahr is an obligatory gift from the husband to the wife. It is a symbol of his commitment and a right of the wife. It is not a “bride price” but her exclusive property. The Qur’an commands:
“And give the women [upon marriage] their dower [Mahr] as a free gift.” (Qur’an 4:4)
“…So for whatever you enjoy of them, give them their due compensation as an obligation.” (Qur’an 4:24)
The amount of Mahr is mutually agreed upon and should be reasonable.
3. The Consent of Both Parties: Mutual consent is the cornerstone of a valid Nikah. Forced marriage is antithetical to Islamic principles. The Prophet (pbuh) emphasized that a woman’s consent is mandatory. A virgin’s consent may be inferred from her silence out of modesty, but a previously married woman must give explicit verbal consent. (Sahih al-Bukhari 67:42).
4. The Guardian (Wali): In Sunni jurisprudence, the presence and consent of the bride’s male guardian (Wali), typically her father, grandfather, or brother, is a condition for the validity of her first marriage. This is based on the Hadith: “There is no marriage without a Wali.” (Sunan Abu-Da’ud 12:29-31). The Wali’s role is to protect the bride’s interests and ensure she marries a suitable partner, not to compel her.
5. Witnesses (Shuhud): The marriage contract must be witnessed by at least two trustworthy, adult Muslim men (or one man and two women, according to some schools of thought). This ensures public declaration and distinguishes the marriage from a secret affair, a practice condemned in Islam (Sahih al-Bukhari 67:51-52).
Rights and Duties of Husband and Wife
The marital relationship in Islam is based on a framework of reciprocal rights and responsibilities, aimed at fostering a balanced and harmonious life. The Qur’an establishes a principle of equity:
“…And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them. And Allah is Exalted in Might and Wise.” (Qur’an 2:228)
The “degree” is widely interpreted by scholars not as superiority but as a degree of responsibility for leadership and financial maintenance (Qawamah).
Husband’s Rights / Wife’s Duties:
- Respect and Cooperation: The wife is expected to respect her husband’s role as head of the family and cooperate with him in matters that are righteous and just.
- Guarding Honor and Property: She is entrusted with protecting her husband’s honor, chastity, and property in his absence. (Qur’an 33:33)
Wife’s Rights / Husband’s Duties:
- Financial Maintenance (Nafaqah): The husband is solely responsible for providing for his wife’s food, clothing, and lodging according to his means. This is her right, regardless of her own wealth. (Qur’an 65:6)
- Kindness and Good Company: The husband is commanded to treat his wife with kindness, respect, and patience. The ideal relationship is one of mutual consultation and gentle conduct. (Qur’an 4:19)
- Protection and Support: He is responsible for her physical and emotional well-being.
- Spiritual Leadership: The husband should encourage his family towards piety and worship. (Qur’an 20:132)
Both spouses share the duty of creating a loving environment, practicing forgiveness (Qur’an 41:34), and raising children upon Islamic principles.
Law Prohibiting the Ill-Treatment of Wife (Idrar)
Islam unequivocally condemns any form of harm, abuse, or ill-treatment (Idrar) within a marriage. Causing distress to one’s spouse is a grave sin and a direct violation of the sacred marriage covenant. The Qur’an explicitly forbids husbands from harming their wives, particularly in vulnerable situations such as during the waiting period after a divorce pronouncement:
“Lodge them [in a part] of where you dwell, according to your means, and do not harm them in order to straiten them [so they leave].” (Qur’an 65:6)
Although this verse specifically addresses the context of divorce, its principle—the prohibition of causing harm (Idrar)—is a universal maxim in Islamic law (La darar wa la dirar: Do not inflict or reciprocate harm). This prohibition covers physical, emotional, psychological, and financial abuse. Any action intended to pressure, constrict, or mistreat a wife is forbidden. This right to protection from harm is absolute and stands as a testament to the dignity and honor Islam accords to women within the institution of marriage.
References
Primary Sources:
- The Holy Qur’an:
- Surah Al-Baqarah (2): 221, 228-230
- Surah An-Nisa (4): 4, 21, 22-25
- Surah An-Nahl (16): 72
- Surah Ta-Ha (20): 132
- Surah An-Nur (24): 32
- Surah Ar-Rum (30): 21
- Surah Al-Ahzab (33): 33
- Surah Fussilat (41): 34
- Surah At-Talaq (65): 6
- Hadith Collections:
- Sahih al-Bukhari: Kitab an-Nikah (Book of Marriage), Volume 67, Hadith numbers 29, 37, 42, 49, 51-52.
- Sunan Abu-Da’ud: Kitab an-Nikah (Book of Marriage), Volume 12, Hadith numbers 29-31.
