Islamic Marriage

Marriage In Islam

In Islam, marriage is considered both a social agreement and a legal contract. In modern times, the marriage contract is signed in the presence of an Islamic judge, or an Imam, who is familiar with Islamic law. The process of signing the contract is usually a private affair, involving only the immediate families of the bride and groom.  The contract itself is known as nikah.

Our clergy can help couples start their journey in life together in accordance with Islamic requirements and laws of Alberta, and developing personalized Nikkah (marriage) contract. It is important that both parties understand the process and be guided through relevant Islamic teachings. The ceremony includes a short reminder of each other’s role, commitment and responsibilities.

Marriage Contract Conditions

Click Here to view the full guidelines to an Islamic Marriage!

Both the groom and the bride must consent to the marriage, both verbally and in writing. This is done through a formal proposal of marriage (ijab) and acceptance of the proposal (qabul). A first-time bride is usually represented in the contract negotiations by her Wali–a male guardian who looks out for her best interests. Even so, the bride must also express her willingness to enter into marriage. Consent cannot be obtained from those who are legally unable to give it–such as people who are incapacitated, minor children, or those who have physical or mental impairments that limit their capacity to understand and consent to a legal contract.

This word is often translated as “dowry” but is better translated as “bridal gift.” The bride has a right to receive a gift from the groom, which remains her own property as security in the marriage. The gift is payable directly to the bride and remains her sole property, even if the marriage later ends in divorce. The mahr can consist of cash, jewelry, property or any other valuable asset. Either full payment or an agreed-upon payment schedule is required at the time of contract signature. The mahr may also be deferred until termination of the marriage through death or divorce; in such an instance, the unpaid mahr becomes a debt against the husband’s estate.

Two adult witnesses are required to verify the marriage contract

Either the bride or the groom may submit contract conditions which, if agreed upon, become legally-binding conditions of marriage. Often such conditions include agreements about the country where the couple will reside,  the wife’s right to continue her education or career life, or visitation arrangements with in-laws. Any condition that is allowable in Islamic law can be made part of the marriage contract, provided both parties agree.