Nikah and Marriage Concept and current Issue

farhatnoorali · Post by **farhatnoorali** » Wed May 31, 2006 9:59 am

what is nikah or marriage... is it a social contract.. i had read one of Hazir Imam interviews' in which he had said that marriage is a social contract.. does it need to be signed or verbally yes of both bride and groom and witnesses and arabic verses of nikah are good enough to call it legitimate marriage. or in which circumstances verbally consent of both girl and boy fall under definition of marriage by our Ismaili Rules and traditions.

kmaherali · Post by **kmaherali** » Wed May 31, 2006 3:33 pm

There has been discussion on this in this forum under:

Rites and Ceremonies --> Wedding Ceremonies.

You may want to go there.

farhatnoorali · Post by **farhatnoorali** » Wed May 31, 2006 5:23 pm

i need a clarification that what if there is consent from girl and boy plus witnesses and the arabic verses from Quran has been read, but there is no signature done.. does it falls under legitimate marriage or the sign from gril and boy is neccessary for it to be fall under social bound and definition of marriage

logical · Post by **logical** » Fri Jun 02, 2006 1:02 pm

farhatnoorali wrote:i need a clarification that what if there is consent from girl and boy plus witnesses and the arabic verses from Quran has been read, but there is no signature done.. does it falls under legitimate marriage or the sign from gril and boy is neccessary for it to be fall under social bound and definition of marriage

It would be illegal according to existing laws on marriages.

Laws on Nikah differ greatly between shias & sunnis. As do their laws on divorces. Pls consult your mukhi or itreb for proper guidance as per jurisdiction.

farhatnoorali · Post by **farhatnoorali** » Fri Jun 02, 2006 2:32 pm

i think without girl and boy signature marriage is not legitmate, but i had seen marraiges with witnesses and the Arabic nikah verses....it is an issue so what can be done

logical · Post by **logical** » Fri Jun 02, 2006 8:57 pm

farhatnoorali wrote:i think without girl and boy signature marriage is not legitmate, but i had seen marraiges with witnesses and the Arabic nikah verses....it is an issue so what can be done

What you are referring to is the URFI marriage - an undocumented marriage where partners cite arabic verses: 'we got married' . The relationship is carried on in secret. It is popular amongst sunnis of egypt. It is not legally enforcible because no record exists.

Urfi marriage is different from mutah of the 12'er shias which is a term marriage. Mutah is legally enforceable for the caveat entered upon in the contract.

Both are unacceptable under the ismaili tariqa. In the west all marriages have to be recorded / registered in a court of law and licenses obtained. It is, as MHI keeps reminding us, about ETHICS.

farhatnoorali · Post by **farhatnoorali** » Sat Jun 03, 2006 1:05 pm

i had seen undocumented marraiges in ismailis .. like nikah held in wedding hall infront of people but no signs are done from both end though both nikah receiters are witness for the nikah and invitees are there too... and if it is not legitmate then why there are not any action taken... i had argued with people that its not legitimate but no use..

skaswani · Post by **skaswani** » Sun Jun 04, 2006 3:55 pm

ya Ali madad

i dont know where farhatnoorali has seen such thing, may be the signature will be recorded after all fun & other things, afterall we get a MARRAGE CERTIFATES

farhatnoorali · Post by **farhatnoorali** » Mon Jun 05, 2006 10:27 am

i am talking about a fact and a serious matter atleast for me and if without signature the wedding is illegitmate then this serious matter is going on in our jamat, so what could be done about it

kinnare786 · Post by **kinnare786** » Sat Sep 30, 2006 5:48 pm

In Islam marriage is always consider as a Social Contract. You can marry for six day or sixty years it is just a social contract. In christainity marriage is religions responsiblty "until dead do us apart".