Nikah: What It Is, Conditions and How It Works
Nikah is the marriage contract in Islam, concluded publicly, before witnesses, with the consent of both sides and a marriage gift to the wife.
In short
- What it is: the marriage contract in Islam
- Required: consent of both sides, a wali, two witnesses, mahr
- Witnesses: two men, or one man and two women
- Wali: the bride's guardian, usually her father
- Mahr: the marriage gift, the wife's own property
- Where: a mosque, a home, any suitable place
- Legal force: on its own it does not replace civil registration
- Duration: the ceremony itself takes minutes
What is nikah
Nikah is the contract by which a man and a woman enter marriage under
Islamic law. It is concluded openly, before witnesses, with the free consent
of both parties and with a marriage gift settled on the wife.
The word is written as nikah, nikaah or nikkah. All refer to the same thing.
Nikah is not the same as registering a marriage with the state. It is a
separate contract, and in most countries it carries no civil consequences
by itself: no automatic inheritance rights, no claim to property, no
maintenance enforceable in court.
For that reason many couples do both — the nikah to satisfy religious
obligation, civil registration to protect the family and any children
in law.
What makes a nikah valid
A nikah is valid when all its conditions are met at once. If one is missing,
the contract is void or disputed.
Consent of both parties
Coercion invalidates the contract. Consent is spoken aloud so the witnesses
hear it.
The silence of a woman who has not been married before is taken as consent
by most scholars. A widow or a divorcee must say so plainly.
The wali
The bride's guardian: her father, and in his absence her paternal
grandfather, brother or paternal uncle.
The schools differ here. The Shafi'i, Maliki and Hanbali schools hold the
wali's participation to be a condition of validity. The Hanafi school allows
an adult woman of sound mind to conclude the contract herself, though the
wali's involvement remains preferable.
If a wali withholds consent to a suitable marriage without good reason, the
right passes to the next guardian in line, or to a judge.
Two witnesses
Two men, or one man and two women. Adults, of sound mind, who understand
what they are witnessing.
A secret nikah without witnesses is held invalid by most scholars.
Publicity is one of the things that distinguishes marriage from an unlawful
relationship.
Mahr
Property or money the husband transfers to the wife. It is her personal
property, not a gift to her family.
The amount is settled by agreement and there is no minimum. It may be paid
at once or deferred. This is covered in detail in [the article on
mahr](/a/mahr).
No impediments
The contract is impossible between close relatives — by blood, by milk
kinship or by marriage. A woman cannot be in two marriages at once; after
divorce or widowhood the waiting period must pass.
What is not a condition
None of these affect validity: the venue, the scale of the celebration,
a nikah certificate, civil registration, the presence of an imam, a
photographer or a banquet.
They are customs and sensible arrangements, not conditions. A marriage
concluded quietly is in no way inferior to a lavish one.
Nikah and civil marriage
The nikah settles the religious side, civil registration the legal one.
Neither replaces the other.
- Basis: Islamic law against the law of the country
- Who takes part: the parties, wali and witnesses against the spouses
and a registrar
- Mahr: required in nikah, not a feature of civil marriage
- Inheritance by law: only with civil registration
- Maintenance through the courts: difficult without registration
- Division of property: by agreement against division under the law
In the United Kingdom this gap has real consequences: a religious-only
marriage leaves the wife without the protections a civil marriage provides.
Check what applies where you live.
How the ceremony goes
The parties, the wali and the witnesses gather. A short sermon is given.
The offer — ijab — is spoken, and the acceptance — qabul — answers it.
A supplication follows. The contract is concluded.
It takes a few minutes. The full order, with preparation, is set out
What to settle beforehand
Differences are better found before the contract than after:
- where the family will live, and whether relocation is possible
- whether the wife will work or study
- living separately or with parents
- views on children and how many
- views on polygamy
- previous marriages, children from them, health, debts
Concealing material facts undermines both the contract and the trust
behind it.
Where to look for a spouse
This was once done through relatives and the local community. Today there
are also services where people state a serious intention from the outset and
set out what matters for marriage.
Our catalogue holds profiles of sisters and brothers
seeking nikah. Search by age, country, city and other criteria; contacts are
not disclosed without the agreement of both sides.
This is a general account. Particular cases — a second marriage, differences between schools, circumstances of earlier marriages, questions of the waiting period — belong with an imam or a knowledgeable person.
Frequently asked questions
It is marriage in Islam — a contract between a man and a woman concluded before witnesses, with the consent of both and a marriage gift to the wife.
On its own, in most countries, no. It does not replace civil registration and confers no rights to inheritance, maintenance or division of property under state law.
Two: either two men, or one man and two women. They must be adults of sound mind who understand what they are witnessing.
Under the Hanafi school an adult woman of sound mind may conclude the contract herself. The other three schools treat the wali's participation as a condition of validity. Ask what is followed in your community.
No. A mosque is common but not required. The contract may be concluded at home or in any suitable place.
None for the contract itself. Many communities issue a nikah certificate, but it is an internal document with no force as a state record.
Being alone together is not approved of for a man and woman who are neither married nor close relatives. Introductions are therefore usually made with relatives present or with a third party.
Nikah is the Islamic contract that creates the marriage. "Marriage" in everyday use often means the civil status recognised by the state, which is a separate matter.