The Majlis Archive

Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 20 No 06, p.2

A person says that it is not necessary for a written contract for a Nikah because this is not to be found in the Qur'aan and Hadith.

Question

A person says that it is not necessary for a written contract for a Nikah because this is not to be found in the Qur'aan and Hadith. Is he correct?

Answer

The argument that because something is not written in the Qur'aan or Hadith it is not part of Islam, is baseless. There are innumerable masaa-il (rules) of Islam which are not to be found in the Qur'aan or in the Hadith, nevertheless, they are part of Islam. Such issues are based on principles evolved from the Qur'aan and Hadith. The validity of Nikah does not depend on a written contract. The Nikah is contracted verbally. The written contract is for convenience and for future use in different circumstances.

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The Majlis Vol 20 No 06
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