Answer By law4u team
A Nikah (Islamic marriage) is a legally binding contract between a man and a woman under Islamic law. For a Nikah to be valid, the following essential requirements must be met: Offer (Ijab): The marriage must begin with a clear, unambiguous offer of marriage from one party (usually the bridegroom or his representative). Acceptance (Qabul): The offer must be accepted by the other party (usually the bride or her representative), and this acceptance should be made in the presence of witnesses. The acceptance must be made immediately or without unreasonable delay. Witnesses (Shahada): At least two adult male Muslim witnesses or one male and two female Muslim witnesses are required to be present at the time of the Nikah. The witnesses must be sane, trustworthy, and of good character. Mahr (Dower): Mahr is a mandatory gift from the groom to the bride, which is specified and agreed upon in the contract. The amount or nature of the Mahr should be known and agreed upon by both parties and may be paid immediately or deferred. It is a woman's right and cannot be waived or taken away by anyone. Mutual Consent: Both parties must give their free and full consent to the marriage. There should be no coercion, and both must agree to the terms of the Nikah willingly. Capacity: Both parties must be legally eligible to marry under Islamic law. This includes: Being of legal age (puberty) and mentally sound. Not being closely related (i.e., not within the prohibited degrees of marriage, such as siblings or parent-child). Not being married to another person (unless allowed under specific circumstances, like polygamy). Presence of a Marriage Registrar (in some jurisdictions): In countries like India, the Nikah may be required to be registered under the Muslim Marriage and Divorce Act, 1939 or other local regulations. The marriage may be conducted by a religious authority (like an Imam), but formal registration with a government authority may also be required for legal recognition. No Existing Marital Obstacle: Neither party should be married to someone else, except in the case of a valid polygamous marriage as permitted by Islamic law (which allows a man to marry up to four women under specific conditions). Intention (Niyyah): Both parties must have the intention of a lawful marriage, and the marriage must not be for any unlawful purpose, such as exploitation or deception. In summary, for a Nikah to be valid, it requires a clear offer and acceptance, mutual consent, witnesses, the specification of Mahr, and adherence to legal and Islamic requirements regarding the eligibility of the parties involved.
