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Home / Islam / Islamic Practice / Indian Muslim News – SHARIAH

Indian Muslim News – SHARIAH

IN THE NAME OF ALLAH THE BENEFICENT AND THE MERCIFUL


nikah nama

(Sanad-e-Nikah)


Presented by: All India Shia Personal Law Board


PREFACE

All over the world marriage is regarded as the sacred social obligation. But Islam has not confined it to social values only but has explained its religious importance also.

Nikah is not only a tool to increase generation but it also helps in character-building, protection from acts forbidden by Quran and formation of a family. The problem is that on the occasion of marriage people talk of religion, but the fact is that society has upper hand in every aspect. And when any issue takes a bad turn, then religion is always blamed for it.

In the Holy Qoran importance and virtues of Nikah have been described in many occasions in very clear terms. In the Hadith (hadees) of Rasool-ul-lah and in the sermons of Imams importance and virtues of Nikah have repeatedly been told.

Both Qoran and Sunnat have ordained better and kind behavior with wife and children.

The Qoran has very explicitly explained the rights of husband and wife. In case of differences, the Qoran has also suggested ways and means to solve the problem. When all the efforts of unity and reconciliation are exhausted, the Qoran has advised talaq but still has condemned it.

The society has made marriage so difficult that today father of every daughter is perturbed.

Frivolous customs and rituals, manjha, mehndi and chauthi are nothing but wastage of lot of money. Demand of big sums of money as Mehr and huge dowry have devastated families. It is necessary that we should seek remedy of our problems in the light of Qoran and Hadith. Emphasizing on the importance and need of the Nikah Qoran says :-

(And this is one of the signs of his command that he created women for you of your own creed so that you live with them happily and developed love and compassion between you.)

(Sura-e-Rome At. 21)

At another place the Qoran says :-

(Perform Nikah of women who have no husband and your obedient slaves (male and female). If they would be hauper, the God by his mercy would made them rich. And the God is very knowledgeable and accommodating).

(Sura-e-Noor At. 32)

Rasool-e-Islam has said :

(Nikah is my sunnat and anybody who goes against it is not from me.)

Islam has given rights to husband against wife and to wife against husband and has declared them life partners, compliment to each other, source of prestige, secrecy and pride.

So in another Ayat the Quran says :

Hun Libas Lakum Wa Antum Libas Lahan.

(Sura Baqar, Ayat 187)

(Aurtein Goya Tumhari Choli Hain aur Tum Goya Unka Daman Ho).

(Man is incomplete without woman and woman is incomplete without man).

Prophet Mohammad has said that it is obligatory on wife to obey her husband. Never disobey him, keep watch on his house and not to give even ‘Sadqa’ from husband’s money without his permission. Likewise Hadith also ordains that it is imperative on husband to provide good food and clothes to wife and to forgive her if she commits any mistake unknowingly.

On another occasion the Prophet has strongly admonished those who ignore the rights of their wives and children.

(Discarded is the person who ignores the rights of his children).

(Wives should be kept with dignity, so the Prophet said).

(Wasail al Shia)

Wives should be kept with dignity, so the Prophet said.

(Anybody who brings wife, he should give her due respect).

(Wasail al Shia)

As far as religion is concerned, it has ordered to keep women with dignity, provide them with basic necessities of life and protection of their rights.

Another evil of the society is that to show their superiority people fix big amounts as Mahr which in the eyes of religion is unpleasant. The Prophet said:

(The best women in my ‘Ummat’ are those who are beautiful and their Mahr is very less).

(Wasail-ul-Shia)

The quran says:

(Behave properly with your wives.)

(Sura-e-Nisa, Verse 19)

Where on one hand against the teachings of Islam, huge amounts are fixed as Mahr on the other not to pay Mahr through the life, is an unpleasant act in the eyes of religion. So Imam Jaffer Sadiq A.S. says :-

There are three types of thieves, those who don’t pay zakat, those who don’t pay Maher of his wife and those to take debt with the intentin not to repay it.

(Behar-ul-Anwar)

In this connection the biggest social evil is that people demand big amounts and huge dowry from bride’s family. One cannot expect more un-Islamic, uncultured and inhuman thing than this evil. Though this ailment has nothing to do with the religion, this is an economic malody. But the sale of bridegroom for dowry is an inhuman act which has no parallel. It is the duty of every member of Muslim society to raise voice against this evil practice.

Since Islam is a practical religion, it has principles to solve issues even in difficult times. If all efforts of reconciliation have failed and there is no possibility of agreement and the mutual trust has finished, the divorce is the last resort. Talaq in Islam is valid but it has been condemned and has been permitted only as a last resort. Imam Jaffer Sadiq says, “Solemnize marriage but don’t give divorce because Arsh-e-Khuda shakes when a talaq takes place.”

On another occasion it is said God loves that house where marriage takes place and dislikes that house where divorce is given. In the presence of these specific instructions it is the duty of every pious Muslim to make utmost effort to cleanse the society from the scrouge of divorce.


CONDITIONS BY THE BRIDE

1. Within the bounds of the Shariah, the bridegroom will not impose unwarranted restrictions upon me.

2. Without any proper reason, he will not refuse me to meet my parents, my siblings and my near relatives.

3. He will not force me to do anything in violation of the Shariah or which may cause me embarrassment in the society.

4. Without authentic evidence he will never make any allegation against me.

5. In case of domestic dispute, I too will have full freedom to present my cause.

6. To fulfill domestic obligations, within the bounds of the Shariah and to improve the economic situation if I wish to work anywhere, he shall not stop me.

7. In matters of upbringing of children and in domestic affairs my opinion shall carry weight too.

8. After the marriage, the groom shall never demand from my parents or me or members of my family any more gifts or cash.

9. The groom shall provide me all essential and lively needs.

10. The groom shall be responsible for the maintenance of the children.

11. If the groom disappears for two consecutive years and does not provide essentials to me, I shall have the right to refer to Hakim-e-Shar’a for divorce the groom should delegate power to divorce to me in this regard.

12. (a) If the groom constantly disappears and does not inquire about me for months together and does not provide for the essential needs and if this state continues for four consecutive years.

(b) Or, if the husband uses physical force and if his action causes danger to my life or limbs, or if he forces me to have sexual relations with other men, under these circumstances the husband will delegate to me the right to divorce him so as to be relieved of physical and mental torture.

13. After consummation takes place, in case of divorce, I shall retain full rights over my mahr. Besides, it being obligatory upon him to return to me all my belongings.

14. If any of the groom’s relatives excessively troubles me, I shall have the right to ask my husband for a separate living arrangement. If this demand is not fulfilled, I shall have the right to refer to the Hakim-e-Sahr’a and his decision shall be binding upon both of us.

15. The groom shall have no right to ask for anything in cash or kind. He will also make no demands as far as reception of barat is concerned.

16. These days the demand for bridal gifts exceeds those given to the daughter of The Prophet SAWW, hence, the mahr should also be more than that of Hazrat Fatima AS and there shall be no insistence upon limiting the amount of mahr equivalent to the mahr of Hazrat Fatima AS.

17. If the groom divorces me at his own will and at that time if I have no other means of maintaining myself and to provide for my necessities, till the time the means of livelihood are acquired by me, the groom shall, as an unrelated helper, provide for my essential needs. Let it be made clear that with this condition I do not intend to interfere with the provisions of the Shariah, rather, this condition is based on humanitarian grounds that a helpless woman instead of having to beg from strangers, why she should not impose this condition binding the person to whom for a long time she had served as spouse.

18. If the groom has any complaints against me, he shall first present them before the arbitrators mentioned in this Nikahnama and shall not directly approach the court.

19. If he agrees to the conditions mentioned above, I consent to marry him.

I hereby declare that I shall not act upon conditions 11 and 12 until I procure five witnesses and have consulted a religious scholar to whose erudite opinion I shall give due weight age.

Signature of the Groom …………………. Signature of the Bride…….……………..

Date …………………..

Witnesses:

1-

2-

3-

4-


CONDITIONS BY THE GROOM

1. The bride shall support me in all matters according to Shariah and social norms.

2. After fulfilling the lawful needs of the bride if I expend my money on my parents or relatives, the bride shall have no right to object.

3. The bride shall not by wasteful expenditure which is beyond my means, land me in debt.

4. The bride shall not have the right to do any thing that would cause a disgrace to me or my relatives in the society.

5. The bride shall not have the right to make any allegations against me without investigation and authentic evidence.

6. If my financial position deteriorates and the bride’s financial condition improves then until such time my economic situation improves, she shall by way of qarz-e-hasana (soft loan) support me, which shall include the maintenance of children also.

7. If the bride has any complaint against me, she will first refer the matter to the arbitrators mentioned in this Nikahnama and shall not directly approach the court.

If the bride accepts the above conditions, I consent to marry her.

Signature of the Groom …………………. Signature of the Bride…….……………..

Date …………………..

Witnesses:

1-

2-

3-

4-

5-

It is not mandatory for both parties to accept the conditions laid down for the bride and the groom in this Nikahnama. However, any condition(s) can be deleted, cancelled or narrowed and on a separate sheet of paper, shall be described in detail and signatures of all concerned affixed.

Similarly, if any conditions are to be added, for example, if the bride works to support her aging parents and minor siblings and she wishes to continue working even after the marriage so that they are not remained unsupported, or the groom immediately wishes to take his bride outside the country or the city or any other conditions can also be included, provided two religious scholars scrutinize them and approve that the conditions do not go against the shariah.


DECLARATION

I, …………………………………… son of ……………………………, residing at ………………………………………………………………………… on this date ……………………….. Corresponding to ………………………….. declare that there does not exist a wife by any previous temporary or permanent marriage/ there exists a wife by previous temporary or permanent marriage.

I have/do not have/child(ren) ………………………………………………………

My monthly income is ……….…………………………………. and the maintenance of ……………………………………… family members is my responsibility.

My educational qualifications are …………………………………………………

My means of income are (with designation) ………………………………………

Signature

Signatures of witnesses:

I, ……………………………………………….., daughter of …………………… …………………………….., residing at …………………………….…, on this date ……………………………………. corresponding to ……………………, after reading the above declaration, am consenting to accept Mr………………. son of ……………………………as my husband. However, if any of the provisions of the declaration are proven false, I shall have the delegated authority to divorce, and if I do not want to live with him, I shall exercise my delegated authority to divorce. However, I will not exercise this right without consulting a religious scholar and my witnesses.

Signature……………………………

Signature of witnesses: ……………………………..

If any of the provisions of this declaration are proven false, then Mrs. . .……… ……………………………………………………… daughter of …………………………… will have the delegated authority to divorce me.

Signature ……………………….


ARBITRATION

Proceedings:

Resolving conflicts through mutual negotiations and to determine through arbitration is a desirable deed in Al-Islam (Surat-u-Nisaa, verse 35). Marital disputes that arise after marriage assume grave proportions because there are no wise counselors involved.

At the time of marriage, five witnesses from the bride’s side will be named. From the groom’s side, five witnesses will be named and the representatives of both parties, usually religious scholars, will also be named. In this way, when an arbitration committee is formed, it can attempt to resolve any dispute that may arise.

If during the dispute, some of the named persons are no longer alive, each party can nominate their own persons and if among the representatives one or both no longer remain alive, each party shall nominate its own religious scholar.

If the bride or the groom have complaints, the arbitrators shall assemble and according to the conditions laid down in the Nikahnama, they shall try for reconciliation between husband and wife.

If the arbitrators of one party do not attend two consecutive times after being called, then at the third time the arbitrators from the other party shall deliberate and determine the issue which shall be binding upon both parties. If despite efforts made by the arbitrators, the case ends in divorce, representatives of both parties or only the woman’s representative or the area’s religious scholar shall go with the woman to the religious scholar who has been appointed representative by Hakim-e-Shar’a and that scholar shall in his presence get the divorce affected.

After the divorce, it shall be upon the arbitrators to get the return of the bridal belongings and remittance of mahr from the groom. If the arbitrators fail in their efforts, the representatives of Hakim-e-Shar’a shall use his influence to get the bride’s belongings.

When all efforts of the arbitrators fail, the matter shall be referred to the court.

Note :

(1) It is preferable that the pronouncement of divorce is affected after the return of belongings and if any item has been deliberately damaged then its cost shall be paid.

(2) The gifts given to the bride and the groom at the time of marriage shall not be returned in case of divorce.

(3) If only one religious scholar represented both parties at the time of the marriage, then in case of dispute, the arbitrators shall nominate another religious scholar so that the proceedings may take place in the presence of two religious scholars.

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