Nikah is the Arabic word for ‘marriage’. The nikah papers are written contracts made between two families that establish the terms of the marriage contract. Both the bride and groom’s families need to sign and approve these papers. 

Here’s what you need to know before signing Nikah Nama.

All You Need to Know About Nikah Nama

Nikah is a religious rite in Islam that Muslims perform as a civil contract, a marriage ceremony, and as a religious commitment that creates a permanent bond between the bride and groom.

They may also include the financial arrangements of the husband’s family towards the bride. The groom must provide his parents with a copy of the completed papers after he receives them from the bride’s parents.

After the groom’s family approves the papers, they send these back to the bride’s family. After the bride’s family has accepted the papers, they are submitted to the local Islamic court for approval. If the nikah papers are approved by the court, they are delivered to the bride and groom, who each sign their names on the papers.

Nikkah in Islam

A nikah is a religious marriage ceremony in Islam. The first step in the process is the preparation of the couple. In Islam, a nikah is only valid if the man has the permission of his guardian and the woman has the permission of her guardian.

The nikah is conducted according to strict rules. Both parties dress modestly.

Before the marriage ceremony starts, the bride and groom sit separately. A Qazi or Maulana asks each of them if they accept the other as their spouse with a specified marriage gift for the bride, called Haq Mehr. or  Then, the couple responds “I accept”. The qazi repeats the question three times for both parties and both have to answer three times. Once both parties say “I accept”, nikah is done, and both bride and groom enter a legal relationship.

The word nikah has a spiritual meaning as well. The Holy Quran mentions that the faithful are called on to “obey God and His Messenger and to prostrate (yourself) to God, and God listens to the prayer of those who turn to Him in humility and in faith”.

In Islam, there are certain conditions that must be met for a valid and binding marriage, including that both parties have reached puberty and are healthy and free from any mental or physical disability. It should be noted, however, that the marriage contract is not a contract for the property.

An important point to note is that Nikkah cannot be performed by proxy. If one party does not attend or cannot attend the ceremony, it is not valid.

If one of the partners is divorced before the contract is entered into, it is not valid.

It is important to realize that the husband is the head of the household; he has total responsibility for his wife. He may make decisions regarding her education, employment, etc. However, he cannot divorce her without her consent or take her away from their home.

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What Should the Women Know?

• A nikah is a legal document that designates a woman as a wife or spouse to a man. In some cases, it can also be a document that declares that a woman is divorced from her former husband. It is used to establish a marriage, divorce, alimony, and inheritance rights. It is written either before or after the nikah papers are signed.
• Women need to know that men need to be told that nikah papers are invalid if the husband and wife agree to a different marriage, even if they live together, but they are still legally married. This is true even if the husband and wife want to get married again.
• A nikah cannot be changed or canceled. It is final and must be signed and accepted by the husband. It cannot be changed. If the husband wants to change his mind, he must ask for a halaqah (a divorce that doesn’t involve the man marrying a new wife). A halaqah is valid only if the wife agrees to the divorce.
• The nikah needs to be approved by the Shariah Council of the husband’s religious group, such as the Imam, Rabbis, or Mufti. The Shariah Council must be given a copy of the nikah so that they can ensure that it is appropriate.
• If the husband and wife have a disagreement about the nikah, they can use the Nikah Resolution Committee to help resolve their dispute.
• A nikah can be signed before or after the nikah papers are printed. It is best to sign a nikah before the nikah papers are printed, especially if you have a conflict with the husband or your marriage is ending.
• The husband and wife will sign the paper separately. The husband writes his name on the top left of the paper and the wife writes hers on the bottom right. They both sign the paper together. After they sign, the family puts a stamp on the document and sends it to a government office where it becomes official.
• The family of a woman who wants to get divorced sends her husband’s nikah paper to the government office. It is there that the nikah papers are examined and approved by the court.
• Once the court approves the document, the woman can get married to the man she wishes. If she is ready to divorce her husband, she needs the approval of the court for that as well.
• It is important for a woman to know exactly what she wants before she signs a nikah paper. In fact, a woman must know her rights and responsibilities before signing any legal document. That includes signing a nikah paper.
• When you have a lawyer write a nikah paper for you, he or she will discuss the terms of the contract with you. This ensures that you understand what you are signing and that you understand the consequences of your decision.

Conditions for Nikah to be Valid

For a nikah (marriage) to be valid in Islam, there must be a witness or a witness group.

The minimum number of witnesses required for a nikah (Muslim marriage) is four. However, the minimum is higher if the marriage is between two women or two men. This is because there is a special obligation on women to protect one another.

There are three different types of nikah (Muslim marriage).

• Nikah mut’ah (a temporary marriage that lasts between 3 and 12 months),
• Nikah halala (a marriage contract between a Muslim man and a woman who was previously married to his deceased brother or the man’s brother, and the woman has no option but to marry him), and
• Nikah mutawatir (a marriage that is valid for life).

A nikah mut’ah cannot be registered at the Ministry of Justice. In fact, the only place that is authorized to register a nikah is the Ministry of Islamic Affairs and Endowments. A nikah mut’ah also can’t be registered as a civil marriage.

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What are the Requirements for a Nikah Mut’ah?

1. The husband must give a written statement confirming he wants to marry a specific woman and she must give a written statement confirming she wants to marry him. The marriage contract cannot be longer than 3 years.
2. If the wife is pregnant at the time of the signing of the contract, the couple must wait until the end of her pregnancy to consummate their marriage.
3. The wife must give a written statement confirming she wants to marry the husband at least six months before the date of the wedding.
4. The husband must provide a certificate confirming the death of his previous wife.
5. The husband must not be married before.
6. Both parties must have reached the age of legal consent.
7. The witnesses should be Muslim.
8. They must be present at the time of signing.
9. They must sign the papers and not later than one hour after signing.
10. They must sign in front of the witnesses.
11. The witnesses should be Muslim.
12. Witnesses cannot be the couple themselves.
13. The witnesses can’t be close relatives.
14. Both parties have to be free to enter into the marriage.
15. The witnesses have to be present when the marriage is consummated.
16. Both parties should sign the contract again to confirm they have read and understand it.
17. The witnesses should not be related to either party.
18. Both parties have to agree to the contract and they have to confirm it’s the last contract they’ll ever sign.
19. Both parties have to be free to enter into the marriage.
20. Both parties have to sign the contract and not later than one hour after signing.
21. Both parties have to sign in front of the witnesses.
22. The witnesses can’t be the couple themselves.
23. The witnesses can’t be close relatives.
24. The witnesses can’t be related to the couple.