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Nikah Center in Chennai

Nikah in Chennai Essay on Nikah among Muslims in India – In the Muslim community Nikah is universal for it discourages celibacy. Islam has almost made it compulsory. Prophet Mohammad also stressed that married life is preferable to unmarried life. Both the main sects within Islam called “Sunnis “and “Shias” consider Nikah almost obligatory. Main Aims and Objects of Muslim Nikah: Muslims call their Nikah ‘nikah’. Nikah among the Muslims is regarded not as a reli-gious sacrament but as a secular bond. The important objectives of Muslim Nikah are – control over sex, ordering of domestic life, procreation of children and perceptual increase of family, and upbringing of children. i. Nikah as a Civil Contract. According to Roland Wilson [1941], “Muslim Nikah is a contract for the purpose of legalising sexual intercourse and the procreation of children.” ii. S.C. Sarkar [1948] has also said that “Nikah among Muslims is not a sacrament but purely a civil contract.” iii. Nikah is a Religious Duty Also. On the basis of the above statement it should not be concluded that the Muslim Nikah does not have any religious significance. Nikah in the Mus¬lim society is a religious duty also. ADVERTISEMENTS: It is devotion and an act of “ibadat” [or religious duty]. It is believed that a person who does comply with it is rewarded in the next world, and he who does not, commits a sin. Hence, Jang [1953] has maintained that ‘nikah’, though essentially a contract is also a devotional act. Characteristic Features or Preconditions of Muslim Nikah in Tamilnadu: The important pre-conditions or characteristics of valid Muslim Nikah called “Nikah” are as follows. 1. Nikah Proposal and its Acceptance in Tamilnadu – Ijab and Qubul: ADVERTISEMENTS: As Nikah is a civil contract in Islam, a proposal for the Nikah and the acceptance of the proposal are essential. The bride¬groom makes a proposal to the bride just before the wedding ceremony in the presence of two witnesses and a “mauvli” or kazi [Muslim priest]. The proposal is called ‘ijab’ and its acceptance is called ‘Qubul’. These two words must be uttered clearly before the assembled persons by the bride and the bridegroom or by their agents of sound mind. It is necessary that both the proposal and its acceptance must take place at the same meeting to make it a “sahi nikah” [or “regular Nikah”]. 2. Capacity of a Person to Contract Nikah in Tamilnadu: This is the second condition of Nikah according to which only adult persons of sound mind can enter into a Nikah contract. Child Nikahs and Nikahs of people of unsound mind are not recognised. However, the Nikah of a minor could be contracted by his or her guardians. 3. Observance of the Doctrine of Equality in Tamilnadu: It is a matter of tradition among the Muslims to have Nikah among equals. Though there is no legal prohibition to contract Nikah with a person of low status, such Nikahs are looked down upon. The run-away Nikahs called ‘kifa’ [girls running away with boys and marrying them on their own choice] are not recognised. Marrying idolators and slaves is also not approved. [Among the sunnis, social inferiority on the part of bride¬groom could be a ground for cancellation of Nikah but not among the Shias]. 4. Preference System in the Male Selection in Tamilnadu: There is traditional insistence on the preferential system in mate selection. For example, a person is expected to give preferences to his cousins and of the cousins, first preference to parallel cousins [chachera cousins or father’s brother’s daughter] and next to the ‘cross cousins’ [mamera cousins or mother’s brother’s daughter’. But these days no such preferences are given to cousin Nikahs. A person can prefer to marry his deceased or di¬vorced wife’s sister. But a widow cannot give preference to marry her deceased husband’s brother. 5. Nikah should be Free from Legal Complications in Tamilnadu: Muslim Nikah can be called “sahi nikah” [valid Nikah] only if it is not against ‘shariah’.

BASHA ASSOCIATES 
No.59,2nd Floor,
Moore Street,Parrys,
Chennai 600001(India).
(Behind parrys Building & B1 Police station, Next to BOHRA Masque)

Phone 044-42174033 , 90255 37111

Mail legalnikah@gmail.com

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