Nikahnama Or A Conditional Marriage Contract

by admin | May 25, 2021 | Opinions

Reviewed and Approved by:

Dr. (Moulana) Sayed Salman Nadvi

(Rtd. Prof. of Islamic Studies, Univ. of Durban, S.Africa)

Prepared by:

Mufti Inamullah Mahaziri,( Chief Mufti Iqra Darul Qaza Mumbai)

(Moulana) Mohammed Shoaib Koti (Member Iqra Darul Qaza)

Mrs. Uzma Naheed (Director: Iqra Education Foundation, Mumbai &

Member Iqra Darul Qaza)

Consultants:

Advocate: Late Mr. S.M.A Kazmi

Moulana Muhammad Salman Nadvi ( Durban ( south Africa)

Mufti Barkatullah ( London)

Explanation of Terms Used in Nikahnama:

1. First party/ One Part: The representative or supporter or witness from the Bridegroom’s side.
2. Second party/ the other Part: The representative or supporter or witness from the Bride’s side.
3. A’qid:  One party to the agreement (The Bridegroom)
4. A’qida: Second Party to the agreement (The Bride)
5. Mehr-e-Mo’ajjal : Upfront payment of Mehr (Dower)
6. Mehre-Muwajjal: Deferred payment of Mehr (Dower)
7. Eijaab: Person initiating agreement.
8. Mankuha: The wife (with whom the marriage agreement was made.
9. Al Muqir

PLEASE CANCEL WHICHEVER IS NOT APPLICABLE UNDER A, B & C BELOW

1. Unmarried:

I _______________________________________________ hereby clarify that this is my first Nikah and I do not have any wife or a woman in my Nikah as of now. I own full responsibility to the consequences in case I am proved wrong subsequently.

____________

Signature                                                                                                      Date:————-

————————    OR   ———————–

1. Married:

I, ____________________________________________ hereby declare and put on record that I am have married earlier and my wife is dead/ divorced (strike out whichever is not applicable). As of now I have no spouse. I own full responsibility to the consequences in case I am proved wrong subsequently.

____________

Signature                                                                                                 Date:————-

———————–    OR   ———————-

1. Married with Wife/ Wives:

I, ____________________________________________ hereby declare and put on record that I am married and have One/ Two/Three spouse already. I also declare that:

1. That this is my second/third/ fourth Nikah.
2. That I have physical ability and financial resources to take of all my wives including the one I am marrying now.
3. That I have taken permission from my existing wife/ wives for this (proposed) marriage and that I have made adequate arrangement for all the needs including their house for my existing wife/wives.
4. That I have adequately made separate arrangement for housing for my new wife and all her needs.

I own full responsibility to the consequences in case I am proved wrong subsequently.

____________

Signature                                                                                         Date:————-

CONJUGAL RIGHTS IN ISLAM:

RIGHTS OF HUSBAND:

After the Nikah both spouses have various rights against each other. A few of them are enumerated here:

1. After the Nikah the husband has right to consummate the relationship and it is binding for woman.
2. Wife to take care of the needs of the husband and to keep him happy
3. Wife to take care of the children, wealth and to avoid extravagance.
4. Wife to keep her needs within the income of her husband and should not demand/ insist for more then what husband could afford.
5. Wife to preserve her chastity and honor.

RIGHTS OF WIFE:

1. Husband to take care of all the humanly needs of the wife including food, housing, clothing
2. Husband to protect and support her in solving all problems she might face.
3. Husband to take adequate care or her and provide for reasonable treatment during her illness, if any.  To send her to her mother’s home during illness is unethical and unacceptable.
4. To live with her with love, peace and harmony and avoid rancor
5. Beating wife, shouting in anger, insulting, making fun and inflicting mental torture and inhuman treatment is to be avoided by the husband.
6. Husband will not coerce wife to do illegal, immoral and un-Islamic act.

—————-o———–O———–o—————

COVENANT:

 Terms and Conditions agreed to by both the parts

By A’qid – (Husband):

I hereby sincerely agree and undertake to abide by all the rules relating to rights of a wife in Islam some of which are enumerated below:

1. I shall not inflict physical harm to my wife any time.
2. As per my economic status I shall provide all the needs including housing, food and clothing etc., to my wife.
3. I shall not leave my wife unnecessarily for a long period unless it is warranted by the nature of my work or it is necessary by the force of circumstances.
4. I shall not leave my wife for a long time in her mother’s house against her will and wish.
5. In case of difference of opinion/ tiffs I shall restrain myself and keep patience.
6. I shall never utter triple Talaq in one sitting nor would I give Talaq in isolation.
7. I shall not indulge in any act of violence, inhuman behavior, and wrongful confinement against my wife.
8. I shall not indulge in extramarital/ illicit relationship with other/s.
9. In case of rancor where we are unable to resolve the differences I shall use the procedure of appointing arbitrator (one from the each side) to facilitate resolving in issue between us).
10. I shall not force her to do any act which is unlawful, immoral or against the spirit of Islam.
11.  I shall not demand any thing (cash or kind) from my In-Laws. I shall not use coercion to extract anything from her relatives.

In case I decide to divorce her I shall use Ahsan form of Talaq.

____________________________

SIGNATURE OG BRIDEGROOM                   Date:_____________________

By A’qida (Wife):

I hereby sincerely agree and undertake to abide by all the rules relating to rights of a husband in Islam some of which are enumerated below:

1. I shall not refuse or oppose my husband for any lawful demand made by him. On the contrary I shall abide by all such requests and wishes willfully.
2. I shall not allow any person to enter my house whom my husband does not want to.
3. I shall preserve my chastity and modesty and shall remain faithful to my husband.
4. I shall protect my husband’s wealth and property to the best of my ability and shall avoid extravagance while spending money of my husband.
5. I shall avoid all such acts which are disliked by my husband or that make him angry.
6. I shall not force him to provide something which is beyond his sources / income.

_____________________

SIGNATURE OG BRIDE                                  Date:_____________________

Witness (1) ……………………………

Witness (2) ……………………………

Since both the partieshave agreed to the terms and conditions mentioned in this Nikahnama, the marriage is hereby solemnized today .

Seal Darul Qaza                                                Signature of Qazi

Mumbai, dated …………..
NIKAH NAMA  (Aqd e Nikah)

This Nikah is solemnized today dated………………..between the under mentioned parties: at……………………………

I as One Part (A’qid): Mr.. (Name of the Bridegroom) ______________________________

Aged ……….years,   Address___________________________________________

_________________________________________________phone No. : ………….

AND I as The Other Part ( A’qida): Miss. ___________________________________                                                                                           (Name of the Bride)

Aged _______years,   Address:____________________________________________

Phone No. :____________________    Do hereby accept all the terms and condition mentioned herein  and do hereby agree and undertake to abide by all of them.

MEHR

CONDITIONS

Since both the party to this Nikah are Muslims and they have agreed to abide by all the terms and conditions mentioned herein without any coercion the Nikah between the above named has been solemnized as per Islamic Shariah. It is now incumbent upon both the parties to this Nikahnama accept and abide by following terms and act accordingly:

1. Both the Parties to this Nikahnama have accepted and agreed to abide by all the terms/ conditions and other details given in this Nikahnama.
2. Husband will pay at least _______% of the Meher (Cash or kind) before consummating the marriage.
3. In case of divorce the Mehr will be payable immediately irrespective of whether it was Mu’ajjal (Immediate) or Muwajjal (Deferred) and the husband will not delay its payment
4. (a) In case the Husband pronounces triple Talaq in one sitting (Talaq-e-Mughalliza) than the Mehr amount would be doubled as penalty and the husband agrees to pay it immediately.

(b) the wife will have a right on husband’s property/ies/ asettes to the extent of her      dues under this marriage contract and shall have right to possess/occupy the same      till  all her dues including Mehr are paid in full.

5. The husband shall not ask or force wife for any unlawful, immoral act or an act, which is forbidden in Islam.
6. The wife will have full and exclusive rights on all the gifts whether received in cash or kind from her parents or other relatives. The husband shall have no right whatsoever to use or dispose them off without express consent of the wife.
7. (a) Either side shall not torture each other, mentally or physically under any pretext.

(b) Either side shall not insult, intimidate each other or involve in inhuman behavior

(c ) In case the wife goes to her parent’s house and remain there for unduly long time  without the consent of her husband, this would be construed as violation of this  agreement that will tantamount to breach of contract.

(d) Similarly, if the husband leaves his wife to her parents’ house for unduly long        time  without  consent and will of the wife this would also construe as violation of this  code of conduct that will tantamount to breach of contract.

(e) If either side indulges in extra marital/ illicit relationship with another man/             women, this will be construed as extreme mental torture and will tantamount to breach of contract.

8. If the husband marries another woman/ takes another wife than he will allow his existing wife (second party to this agreement) to continue to reside in the same house in which she used to reside. He shall also take care of her needs like food, clothing, medication , hospitalization etc. And he will make separate arrangement from the new/ second wife.
9. In case of differences/ tiffs/ rancor, both the side will follow the rule of Quran and will abide by the ruling of the two arbitrators (one from each side) appointed by them for this purpose.
10. In case of divorce, (i) the husband will pay maintenance (food/clothing/housing etc) to the divorced wife during Iddat period. (ii) the divorced wife will have the right to keep children with her (boys/s till 7years age) and the husband shall have to pay the maintenance of the children including educational and medical expenses even when the children are staying with divorced wife. (iii) and all the expenses including maintenance, education, medical and marriage expenses of girl/s will be born by the father even though the girl/s is/are staying with her/their mother the divorced wife.
11. In case of discrepancies as to the meaning/ explanation or interpretation of any of the clauses mentioned herein, the opinion of an established and reputed Darul Qaza or Imarat-e-Shariyah would be acceptable and abiding by both sides.
12. In case of litigation all such legal actions will be subject to the jurisdiction of the court/s where the wife lives.

ARBITERATION:

In case of differences between the two sides, each spouse will appoint an arbitrators (One from each side) who will try to resolve the issues failing which they will facilitate to and help both sides reach decision on following issues:

• Amount and mode of payment of Maintenance (Nafqa) by the husband to wife during Iddat
• Payment of Mehr or its arrears if any.
• To ascertain the details of Wife’s property or gifts etc., that she had received from her parents and relatives and to ensure that they are in possession of wife.
• Reasonable sum in cash or kind as per Quran (Mata-e-Ma’roof)
• Custody or children and payment of their maintenance/ education/ marriage etc., by the husband and periodical meeting of children with their father.

Note: In case of difference among Arbitrators, a third arbitrator will be appointed with the consent of both sides.

Tafweez-e-Talaq : DELEGATION OF RIGHT OF TALAQ

The husband hereby delegates to his wife under this contact his right to pronounce single “Talaq-I Bain” on her . The wife owes to use this right judiciously.

Possible grounds for Tafweez-e-Talaq

Husband delegates the right to his wife to pronounce one Talaq-e- Bai’n on her on one any of the following grounds:

1. Absence of conjugal rights for continuously for six months or more
2. Non Payment of sustenance continuously for six months or more
3. Physical torture
4. Drinking

___________________                                                                      ______________

Signature of Bridegroom                                                                    Signature of Wife

Place:___________________                                                 Date__________________
CERTIFICATE OF MARRIAGE

Date………………….                                                                            No:………………….

Since both the partieshave agreed to the terms and conditions mentioned in this Nikahnama, the marriage is hereby solemnized today .

Seal Darul Qaza                                                Signature of Qazi

 First Original…….For husband

Second Original….For wife

Third Original…….For Qazi