Similarities between Nikah and Contract

February 18, 2023

1. An offer and an acceptance. Muslims view marriage as a legally binding agreement between two people. Marriage is created by ijab-o-qubul, which is by proposal and acceptance, much like any other contract.

2. The offer and acceptance must be expressed in non ambigous language. They need to be clear and indicate an ongoing relationship rather than one that will end later.   Both the proposal and the acceptance must be made at the same meeting.

3. Permission.The free will and consent of the parties to a marriage must be present, and there cannot be any force, undue influence, or deception. Consent may be express or implied.

Shia Law – According to Shiaits, witnesses are not necessary.

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4. Capacity,  e very Muslim who has reached puberty and is of sound mind is capable of entering into a marriage contract. When a person reaches puberty, they are ready to engage in sexual activity and can procreate children. In Muslim law, puberty and majority are synonymous. It is assumed to occur at age 15.  Only the guardians of lunatics and young people who have not reached puberty are allowed to marry them. Even though such a marriage is legal, it can still be annulled.

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