Nikah: Qabool hai?
In the news
Pakistani actress, Hina Afridi, married content creator, Taimoor Akbar last week. A video has subsequently surfaced online showing the couple engaged in dialogue, at the time of signing the Nikah (Islamic marriage) contract.
Hina can be seen and heard stating the following in Urdu:-
ہر مہینے آپ مجھے 5 لاکھ روپے دیں گے۔ جس ڈیزائنر سے میں کپڑے لوں، شاپنگ کروں، کہیں بھی جاؤں، سارا آنے جانے کا خرچ آپ کا ہے۔ ہر 6 مہینے بعد آپ مجھے بالی لے جائیں گے اور بزنس کلاس کا ٹکٹ دیں گے۔ جتنی بھی شاپنگ میں کروں گی وہ سب پیسہ آپ کا ہوگا۔ میں اپنا ایک روپیہ بھی نہیں لگاؤں گی۔
Which translates in English to the following:-
Every month you will give me Rs.5 lakhs. Whichever designer clothes I buy, the shopping I do, where I go, all the associated costs are to be borne by you. Every 6 months, you will take me to Bali on a Business class ticket. Whatever shopping I do, all the money to be used is yours. I will not spend any money.
Taimoor simply nods along, half surprised, half smiling, very conscious of the camera facing him. It was not clear from the video whether the conditions had already been incorporated into the Nikah contract and whether any prior discussions had taken place between the parties (or their legal teams) in advance. There is the chance that Hina was jesting but we do now have a, viral, video of the moment, which may or may not be relied upon in the future (at home, or in the Courtroom).
Valid Nikah
A Nikah is a sacred and formal contract of marriage between a man and woman conducted in accordance with Shariah principles.
Conditions for a valid Nikah include the following:-
1. Mutual consent of the Bride and Groom.
2. Proposal (Ijab) and acceptance (Qabool). This is the most essential part of the Nikah and must be clearly communicated.
3. The Nikah must take place in the presence of at least two reliable (trustworthy and not known for lying or wrongdoing) Muslim witnesses (the witness must be a Muslim adult, of sounds mind).
Their role is to confirm that the proposal and acceptance took place according to Islamic guidelines.
4. The Mahr (gift/consideration) provided to the wife as a sign of commitment. The amount and type of Mahr (money, jewellery or something valuable), should be mutually agreed upon and stated in the marriage contract.
Ideally, this is discussed and agreed in plenty of time before the Nikah ceremony. It can be provided immediately (mu’ajjal) or promised for later (mu’akhtar). If delayed, the bride can request it at any time, unless stipulated to be paid at a certain date.
Nikah conditions
The Nikah contract can stipulate various conditions which the man and woman have agreed upon. The conditions can be about financial support, living arrangements, divorce conditions, children and the option for the man to take another wife.
The conditions are intended to protect the rights of both people and to hopefully facilitate the enjoyment of a harmonious marriage. It is important that the conditions are communicated openly and, preferably in advance, so that the couple can make well informed and well-advised (preferably a Family Lawyer working alongside a religious scholar) decisions.
When things go wrong
Recently, an Imam in the UK was handed a suspended sentence of 15 weeks imprisonment for conducting an Islamic marriage ceremony between two 16 year olds as he was unaware that the legal age for marriage in the UK had risen to 18. This case highlights the importance of keeping up to date with, and adhering to, the law of the land when it comes to making these contracts.
Preventative measures
When a Muslim couple seek to marry, they have various religious, cultural and legal aspects that need consideration. For UK couples, there is the additional interplay and overlap between religious and civil marriage laws.
If you require assistance with such matters or would specifically like to discuss the preparation of your Nikah contract (alongside a Pre-Nuptial Agreement if needed), then please do contact us.
Aysha Chouhdary is an experienced, award-winning, Family Law Solicitor and Heads the Faith and Cultural Family Law offering at Geldards. Aysha is multilingual and can speak several languages to include Urdu, Mirpuri, Punjabi and Hindi which can help overcome any communications barriers with clients and third parties. She is committed to providing holistic advice to clients and strives for the best outcome, whilst working alongside the Shariah Council, and international experts, if so required.