Concept of Marriage (Nikah): Definition, object and nature

Definition

• Arabic word “Nikah” literally means the union of sex. In law word Nikah means marriage.
• In Ballie Digest’s – “A contract for the purpose of Legalising sexual intercourse and procreation of children.”
• In Heydas defined as – “Marriage is a legal process by which the sexual intercourse and legitimacy of children between men and women perfectly valid and lawful”
• In Ashabah Says – “Marriage is a contract underlining a permanent relationship based on mutual consent on part of men and women.”
• Dr Jung is of opinion that – Marriage, though, essentially a contract is also devotional act. Its objects are right of enjoyment and procreation of children and regulation of social life.
• Prophet of Islam is reported – “Marriage is my son. And those who do not follow this way of life, not my followers”
• Term Nikah has been used for marriage under Muslim law.
• Nikah is a civil contract between two opposite sexes with object of legalising sexual intercourse. The procurement and legitimacy of children and preservation of human race.
• Nikah confess status of husband and wife to parties.

Object of marriage (Nikah)

• Main object of marriage is preservation of human race and establish paternity of child.
• Object of Nikah:
  
  i) Promotion of normal family
  
  ii) legalisation of children.
  
  iii) Legalisation of sexual intercourse
  
  iv) Procreation of legitimate children
  
  v) Restraining sexual passion
  
  vi) Ordering of domestic life,
  
  vii) Increase of family,
  
  viii) Respectability of wife and children,
  
  ix) Upbringing of Virtuous children.

Nature of Marriage

Fyzree considered 3 aspects of marriage, necessary to understand the institution of marriage as Whole:

1. Legal aspect

• Marriage is a civil contract has 3 characteristics,
  
  i. No marriage without consent,
  
  ii. Provision made for dissolution of marriage, contract, either by will of parties or by oppression of law.
  
  iii. Terms of marriage contract are within legal limit. Capable of being altered to suit Individual case.

Aamir Ali’s same marriage under Muslim law is essentially a civil contract. Its validity depends on proposal of one side and acceptance of one side. And competency of person

2. Social aspect

Islamic law gives high status to women after marriage; Restriction is placed by Muslim law upon the unlimited polygamy of pre-Islamic times.

3. Religion aspect

marriage as a basis of society, though it is a contract, also sacred contract, marriage as an institution uplift a man in an it means for continuance of human race. Marriage is a religious duty. Is not empathetical sacrament. Marriage shows traces of having developed out of purchase of bride.

Maulvi Samiullah collected some authorities showing that marriage is not regarded as a mere civil contract, but as religious sacrament