Is Marriage just a Contract under Islamic Law?

The Holy Qur’an recognizes ‘nikah’ or marriage as a sacred and vital institution. However, since the distinction between the sacred and the secular is not explicit in Islamic law, marriage is largely considered as a contract, breaking the terms of which could have legal ramifications.

Islamic Law: Basics of a Valid Marriage

The Sharia, a marriage is valid if all these conditions are satisfied:

• There is a clear proposal and a clear acceptance.
• There should be at least two witnesses to the nikah ceremony. This law is established to safeguard the legitimacy of the children by excluding illicit sex. In fact, it is recommended to widely publicize the marriage to avoid legal ramifications in the future.
• There should be a marriage gift (dowry) offered to the bride by the bridegroom. Dowry by the bridegroom is a symbolism of the groom's realization of his economic responsibilities towards his wife post-marriage, and his readiness to assume the same.

Islamic Law: Legality of Meetings before Marriage

A Muslim man is permitted to see the women he intends to propose marriage. This helps to ensure that the man enters into the marriage contract with complete knowledge, and thereby avoid future misunderstandings. However, a man is not permitted in Islam to be alone with a woman for the sake of spousal selection.

Islamic Law: Sharia and the Empowerment of Women

There were no restrictions on the men’s right to marry or divorce under the pre-Islamic law. The Sharia, however, emancipated the women’s power in a marriage. The Sharia states that the girl has full rights to make decisions regarding her marriage. These decisions can not be overridden by the father or guardian’s wishes.

 The Sharia has also bought about a significant tide-over regarding the concept of dowry. Dowry paid by the bride’s father was earlier considered as a bride-price, and is now regarded as a nuptial gift. Moreover, this gift is retained by the bride as part of her personal property. It is noteworthy to mention that while Sharia has reformed several Islamic marriage practices that were downgrading to women, it failed to abolish the practice of polygamy.