Nikah in pre Islamic Arabia, meant different forms of sex relationship between a man and a woman established on certain terms, in pre Islamic days,women were treated as chattels, and were not given any right of inheritance and were absolutely dependent. it was prophet mohammad who brought about a complete change in the position of women..
What is Nikha?
The legal contract between a bride and bridegroom as part of an Islamic marriage; the contract of Islamic marriage; Islamic marriage in general. Nikah is an Arabic term used for marriage. It means “contract”. The Quran specifically refers to marriage as “mithaqun Ghalithun,”. Which means “a strong agreement”.
The original meaning of the work nikah is the physical relationship between man and woman. It is also used secondarily to refer to the contract of marriage which makes that relationship lawful.
“A contract that results in the man and woman living with each other and supporting each other within the limits of what has been laid down for them in terms of rights and obligations.”
Ibn Uthaimeen takes an even more comprehensive view of the institution of marriage in his definition of it as:
“It is a mutual contract between a man and a woman whose goal is for each to enjoy the other, become a pious family and a sound society.”
What are conditions of nikha??
There should be a proposal made by or on behalf of one of the parties to the marriage, and an acceptance of the proposal by or on behalf of the other party. A Muslim marriage requires proposal ‘Ijab’ from one party and acceptance ‘Qubul’ from the other side. This must be done in one sitting.
The proposal and acceptance must both be expressed at once meeting. The acceptance must be corresponding to what is being offered. The marriage must be effectively immediate. If the Wali says “ I will marry her to you after two months”, there is no marriage.
The parties must be competent. The two parties must be legally competent; i.e. they must be sane and adult.
There must be two male or one male & two female witnesses, who must be sane and adult Mahomedan present & hearing during the marriage proposal and acceptance. (Not needed in Shia Law).
Neither writing nor any religious ceremony is needed.
What documents are required for Nikha?
Passport Size Photographs - four each of Marrying Persons.
Date of Birth Proof (Municipal Corporation Certificate, X th or XII th Examination Certificate, Passport, PAN Card) of Marrying Persons. If any party is divorcee Certified copy of Decree of Divorce granted by the Court. If any party is widow / widower Death Documents required for the Performance & Registration of court Marriage.
2-4 witnesses with ID & Address proof along with 2 passport size photographs.