What Is Tajdeed Al-Nikah?

In Islam, nikah refers to the marriage contract that outlines the rights and responsibilities of both partners. Tajdeed al-nikah, or renewing the Nikah, is when a couple chooses to reaffirm their marriage without going through a divorce, like renewing your vows.

This practice is allowed under certain circumstances. It can help resolve doubts, restore commitment, or repair any mistakes/ made in the original marriage.

There is no timescale for when a Nikah can be renewed and there is no limit on the number of times it can be renewed either.

When Should You Renew Your Nikah?

1. Uncertainty about the original Nikah

Sometimes, couples may have doubts about their original Nikah contract, like missing witnesses or unmet Islamic requirements. In such cases, it is best to renew the Nikah to clear up any confusion and ensure everything is done according to Islamic law.

Verbal Nikah ceremonies are also prevalent in the current climate so couples may wish to renew their Nikah, in writing, with a formal contract being issued the second time.

2. Rekindling the bond

Couples may choose to renew their Nikah to strengthen their relationship, especially after they may have been through a difficult time in their lives or to show commitment to each other after a long relationship. The renewal serves as a fresh start and reaffirms the commitment to each other.

3. Returning to Islam after apostasy

If one spouse leaves Islam and later returns, their original marriage may no longer be valid. To restore the marriage, scholars recommend a new nikah.

4. Clearing cultural misunderstandings

In some communities, misunderstandings may arise regarding the validity of a Nikah. By renewing the Nikah publicly, these misunderstandings can be cleared up, reaffirming the couple’s marital status.

5. After one or two Talaqs

If a person has given one or two Talaqs to his wife then, to reconcile, he is permitted to re-marry his wife through renewal of their Nikah.

Is renewal needed?

A Nikah remains valid if there has been no divorce or annulment. Therefore, renewal is not mandatory. However, couples may choose to renew their Nikah for peace of mind or religious purposes, as mentioned above.

It is good practice to discuss Islamic matters with the Sharia Council via your local mosque.

How to renew a Nikah contract

1. Agreement and Acceptance

Both the husband and wife must clearly agree to renew their Nikah. This shows their willingness to recommit.

2. Witnesses for the renewal

At least two male Muslim witnesses (or one male and two female witnesses) are required for the renewal of the Nikah contract to be valid.

3. Mahr (Dowry) for renewal

A new mahr (dowry) must be agreed upon. It can be like the original mahr or something symbolic, depending on the couple’s choice. The wife can forego any mahr, as she would have with the original Nikah, out of choice.

4. Guardian’s approval

If the wife was unmarried when the first marriage occurred, her Wali (guardian) needed to approve the original Nikah contract. If the couple are renewing the same Nikah, even with new conditions being agreed upon, the Wali’s approval is not needed.

Overlap with religion and law

In Islam, renewing your Nikah is not compulsory, but it can be beneficial in certain situations. It helps strengthen the relationship, clear doubts, and ensure the marriage follows Islamic principles. If you choose to renew your Nikah, make sure to follow all the necessary steps, and engage the services of a specialist Sharia Family Lawyer.

As the renewal of the Nikah may require additional conditions being negotiated and agreed between the couple, it is good practice to obtain expert advice about this. If the Muslim couple have a civil marriage or a religious marriage that is recognised in this jurisdiction, then they will need specialist advice from an expert who understands the nuances of culture and religion.

For example, where the husband and wife are negotiating the terms of the renewed Nikah contract, this may need to be considered by way of a Pre-Nuptial Agreement review with a Post-Nuptial Agreement being executed. The couple will need to carefully consider both Sharia principles and the law of the land.

Navigating Sharia Law in this jurisdiction is a complex area. Our Partner and Head of our Faith and Cultural services, Aysha Chouhdary, has extensive specialist experience in such matters and works alongside the ISC and professionals in other jurisdictions. Aysha is multilingual and can speak Urdu, Hindi, Punjabi, Mirpuri/Pothwari and Arabic. If you would like to discuss your matter further, please contact Aysha at aysha.chouhdary@geldards.com.