Is Nikahnama a Legal Document
“Dower” is the English translation closest to the Islamic meaning of Mahr, as “dowry” refers to the payment made by the husband or his family to the wife, especially to help her in the event of death. However, Mahr differs from the dowry in two ways: 1) Mahr is required by law for all Islamic marriages, while the dowry was optional, and 2) Mahr must be declared at the time of marriage (if a certain amount is promised if not paid immediately), while the dowry is paid only after the husband`s death. Mahr can also be classified as a form of “nuptial wealth”, described by anthropologists as payments from the groom`s parents to the bride`s parents; However, Mahr is paid directly to the bride and not to her parents. [2] In fact, Mahr establishes as her legal property the financial independence of the bride from her parents and, in many cases, from her husband, who has no legal rights over his wife`s Mahr. Until we move towards more women-friendly legislation, the least we can do is be aware of our existing legally recognized rights. My father always said, “Focus on marriage, not marriage.” I think it also requires us to be prepared for the worst, while hoping and working for the best. Since nikah is considered a contract, the consideration is paid on behalf of the bride. This type of document is considered a legal document in the case of a Muslim marriage known as Nikah-nama. The asset or amount is mentioned in sections 13-16 (and article 20) of the Nikahnama. The dowry can be given on the spot (known as Muajjal) or it can be postponed (known as Ghair Muajjal) Marriage (nikah) is defined as a contract involving the procreation and legalization of children. Divorce in Islam can take various forms, some initiated by the husband and others by the wife. The theory and practice of divorce in the Islamic world has varied according to time and place.
[63] Historically, divorce rules were determined by Sharia law as interpreted by traditional Islamic jurisprudence, and they differed by law school. [64] Historical practice has sometimes departed from legal theory. [64] In modern times, when personal status laws have been codified, they have generally remained “in the orbit of Islamic law,” but control of divorce norms has shifted from traditional jurists to the state. [63] Let us also accept that in this day and age, even in India, documents are required at virtually every level, from birth to post-death. Birth certificates are required for admission to schools and virtually anywhere age verification is required. Birth certificates showing the place of birth in India are also considered valid documents to establish the national identity of Indian citizens. Considering that virtually no protests have been raised about the legal status of the birth certificate, it is surprising that the proposed marriage certificate for Muslims has sparked debate. It may take some time for the ongoing debate over the government`s decision to make marriage registration mandatory for Muslims to calm down. Those who oppose this decision have raised a valid point as to why the government does not recognize Nikahnama as an official document comparable to other registration documents. Interestingly, this is one of the few issues on which some Muslim women have strongly asserted their views to demand the registration of Muslim marriages. In this context, if nikahnama is granted the status of registration document, the debate may calm down somewhat, but not completely.
It should be noted that the nikahnama is still recognized as a valid legal document in India, but does not have the same validity in other countries. While the celebration of marriage can be swept under the carpet of social and religious obligations, the Nikah Namaa should always be remembered as a legal contract. That being said, marriage is a term that is vaguely used and has more cultural or celestial connotations than legal ones. Essentially, your Nikah Nama is a civil contract that you are entering into, so much so that even the presence of religious clerics at the time of Nikah is not even mandatory! We founded nikahnama in 2017 after seeing the potential in the idea of making beautiful nikahnamas available to customers again. We hope that our products will help more couples think deeply about their Nikah contract and the values they want to build their marriage on. Too many married couples have only been able to consult their Nikahnama in the brief moments before signing and make big wedding decisions in minutes, and we hope that will change. There is an ongoing debate about whether or not Sharia law should be recognized in Western countries such as the United States and Australia, which would allow nikkah to be recognized as a legally valid marriage. [80] [81] There are also other elements of Islamic marriage rituals that, according to the study, struggle to be recognized in court, including mahr or dowry. Women who are denied their dowry have no clear path to a legal challenge in the United States or Canada.
[78] Section 20 indicates the groom`s financial situation in the form of documents, etc. Fact 4: Even after the dissolution of her marriage, the bride can apply and ask for monthly pocket money and apply for her continuation, and the groom must comply. The Encyclopedia of Islam entry on Mahr states: “According to a Bukhari tradition, the Mahr is an essential condition for the legality of marriage: `Any marriage without Mahr is null and void.` [23] By prior mutual agreement, the Mahr can also be paid in part to the bride, with an amount that the groom gives to the bride upon signing the marriage contract, also Mu`qadamm (Arabic: مقدم, lit.
