Muslim Marriage FAQs
We have compiled a list of frequently asked questions on legal and religious marriage and divorce. These are designed to help individuals understand the law and their rights, enabling them to make informed decisions.
23. Is the Nikah (Islamic marriage) contract a legally binding document?
This depends on what we mean by ‘legally binding’.
A Nikah is generally not legally recognised as a marriage contract under English or Welsh state law. So you cannot enforce it within the family courts. To be legally married in England and Wales, you would need another legal wedding ceremony.
A couple with only a Nikah contract will be classed as ‘cohabiting’ and not married under state law. This has important implications when it comes to taxes, eligibility for certain benefits, parental rights and responsibilities, as well as in the event of a divorce or the death of a spouse.
Under Islamic legal principles, a Nikah is considered a legally binding contract in Islamic law, making the marriage religiously valid. Any terms and conditions included in the Nikah contract are Islamically valid and, in theory, enforceable. However, in practice, they cannot be legally enforced in England and Wales, as there are no Islamic courts. Shariah Councils may act as mediators, but their guidance relies on the voluntary compliance of both parties.
A Nikah is generally not legally recognised as a marriage contract under English or Welsh state law. So you cannot enforce it within the family courts. To be legally married in England and Wales, you would need another legal wedding ceremony.
A couple with only a Nikah contract will be classed as ‘cohabiting’ and not married under state law. This has important implications when it comes to taxes, eligibility for certain benefits, parental rights and responsibilities, as well as in the event of a divorce or the death of a spouse.
Under Islamic legal principles, a Nikah is considered a legally binding contract in Islamic law, making the marriage religiously valid. Any terms and conditions included in the Nikah contract are Islamically valid and, in theory, enforceable. However, in practice, they cannot be legally enforced in England and Wales, as there are no Islamic courts. Shariah Councils may act as mediators, but their guidance relies on the voluntary compliance of both parties.
24. Does a Nikah contract need to be written?
The Nikah is entered into verbally and so it is a verbal contract and can be finalised by the witnesses hearing an offer and acceptance. This means that it is still valid even if it is not written.
However, the best and usual practice is to have a written Nikah contract that sets out all the details of the agreement between the parties, including the mahr and the names of the witnesses. A written record helps to minimise uncertainty and prevent disputes in the future.
It is also advisable for the person conducting the Nikah to verify the identity and eligibility to marry of both parties. This typically involves checking passports or other documents confirming identity and residential address. Where the bride has been married before, documentary proof of divorce is usually required.
However, the best and usual practice is to have a written Nikah contract that sets out all the details of the agreement between the parties, including the mahr and the names of the witnesses. A written record helps to minimise uncertainty and prevent disputes in the future.
It is also advisable for the person conducting the Nikah to verify the identity and eligibility to marry of both parties. This typically involves checking passports or other documents confirming identity and residential address. Where the bride has been married before, documentary proof of divorce is usually required.
25. Who can conduct the Nikah?
Anyone can conduct the Nikah, even the groom himself! However, this is not advisable to ensure there is maximum transparency and oversight.
Both men and women are able to conduct a Nikah ceremony, however, usual practice in many Muslim communities is for men to conduct the ceremony.
Female officiants registered to conduct marriages in many Muslim majority countries.
Both men and women are able to conduct a Nikah ceremony, however, usual practice in many Muslim communities is for men to conduct the ceremony.
Female officiants registered to conduct marriages in many Muslim majority countries.
26. Are pre-nuptial agreements allowed?
Muslims can enter into private contracts and agree upon the terms of that contract (and it is advised by scholars that these should not contravene principles of Shari’ah).
A pre-nuptial agreement can be entered by a couple who legally marries. This can set out a range of provisions including the couple’s agreement on how they will share their assets, care for children, and what happens if they separate or one party dies, etc.
If the couple choose a Nikah-only wedding, they can enter into a cohabitation agreement instead, which set out these agreements.
For either of these contractual agreements, you must obtain legal advice.
A correctly formulated and executed pre-nuptial agreement or cohabitation agreement will be legally enforceable in the civil courts.
As noted above, only certain agreements are enforceable in the state courts, and Nikah contracts are generally not enforceable in this way. The only part of the Nikah contract which may be upheld under civil law relates to the mahr payment. This article provides more details: www.irwinmitchell.com/news-and-insights/expert-comment/post/102ior2/sharia-series-mahr-and-the-english-court-system.
A pre-nuptial agreement can be entered by a couple who legally marries. This can set out a range of provisions including the couple’s agreement on how they will share their assets, care for children, and what happens if they separate or one party dies, etc.
If the couple choose a Nikah-only wedding, they can enter into a cohabitation agreement instead, which set out these agreements.
For either of these contractual agreements, you must obtain legal advice.
A correctly formulated and executed pre-nuptial agreement or cohabitation agreement will be legally enforceable in the civil courts.
As noted above, only certain agreements are enforceable in the state courts, and Nikah contracts are generally not enforceable in this way. The only part of the Nikah contract which may be upheld under civil law relates to the mahr payment. This article provides more details: www.irwinmitchell.com/news-and-insights/expert-comment/post/102ior2/sharia-series-mahr-and-the-english-court-system.
27. Can I include a condition in my Nikah contract requiring my permission before my husband enters a polygamous marriage?
In the UK, being legally married to more than one person is a criminal offence and constitutes bigamy.
Under Islamic law, polygamy is a practice which has historically occurred in Muslim lands and is religiously permitted.
Clauses in the Nikah contract are a matter for the bride and groom to agree including anything relating to polygamy. Therefore, a wife can include a clause requiring her permission.
In the UK, polygamy is unusual and culturally shunned within many Muslim communities. Islamically, it requires the husband to treat wives equally and with justice.
In the Quran, polygamy is referred to as follows:
Surah An-Nisa (4:3): This verse permits marrying up to four wives, but only if the husband can treat them all with justice. If not, it instructs men to marry only one wife as the preferred option.
Surah An-Nisa (4:129): This verse acknowledges that perfect justice between multiple wives is impossible, even if a husband tries. Some interpret this as potentially negating polygamy.
The vast majority of Muslim marriages are monogamous.
Under Islamic law, polygamy is a practice which has historically occurred in Muslim lands and is religiously permitted.
Clauses in the Nikah contract are a matter for the bride and groom to agree including anything relating to polygamy. Therefore, a wife can include a clause requiring her permission.
In the UK, polygamy is unusual and culturally shunned within many Muslim communities. Islamically, it requires the husband to treat wives equally and with justice.
In the Quran, polygamy is referred to as follows:
Surah An-Nisa (4:3): This verse permits marrying up to four wives, but only if the husband can treat them all with justice. If not, it instructs men to marry only one wife as the preferred option.
Surah An-Nisa (4:129): This verse acknowledges that perfect justice between multiple wives is impossible, even if a husband tries. Some interpret this as potentially negating polygamy.
The vast majority of Muslim marriages are monogamous.
28. What is Talaq at-Tafweed and can I include it in my Nikah contract?
Talaq at-Tafweed is the delegation of the right to ask for a Talaq from the husband to the wife. This can be included in the Nikah contract and means that the wife is then able to initiate a unilateral divorce.
This can be a full delegation or a limited one, for example, limited to one talaq or to certain pre-determined circumstances.
This is a way of giving women agency and the ability to free herself from a relationship that she believes has irretrievably broken down. She will also not be required to pay back all or part of the mahr if she uses the right to pronounce Talaq At-Tafweed.
Tafweed At-Talaq is included as standard practice in Nikah contracts in some countries, such as Pakistan.
This condition can also be agreed upon later in the marriage.
This can be a full delegation or a limited one, for example, limited to one talaq or to certain pre-determined circumstances.
This is a way of giving women agency and the ability to free herself from a relationship that she believes has irretrievably broken down. She will also not be required to pay back all or part of the mahr if she uses the right to pronounce Talaq At-Tafweed.
Tafweed At-Talaq is included as standard practice in Nikah contracts in some countries, such as Pakistan.
This condition can also be agreed upon later in the marriage.