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An engagement may be arranged between families for their children, but Islamic requirements for a legal marriage include the requirement that both parties, bride, groom and guardian for the bride , give their legal consent. A marriage without the consent of the bride or performed under coercion is illegal according to the majority of scholars.
In Islam, nikah (Arabic: نِكَاح, romanized: nikāḥ) is a contract exclusively between a man and woman. Both the groom and the bride are to consent to the marriage of their own free wills.
Groom signing the marriage documents in Bangladesh An 1874 Islamic marriage contract. A bride signing the nikah nama (marriage contract).. An Islamic marriage contract is considered an integral part of an Islamic marriage, and outlines the rights and responsibilities of the husband and wife or other parties involved in marriage proceedings under Sharia.
Marriage is an act of Islam [13] and is strongly recommended. [12] [14] Polygyny is permitted in Islam under some conditions, but polyandry is forbidden. [15] In Islam, marriage (Arabic: نِكَاح, romanized: Nikāḥ) is a legal contract between a man and a woman. Both the groom and the bride are to consent to the marriage of their own free ...
In Islam and Islamic law (sharia), marriage (nikāḥ نکاح) is a legal and social contract between two individuals that outlines the rights and responsibilities of the groom and bride. [38] Polygyny is permitted in Islam under some conditions. [39] Both the groom and the bride are to consent to the marriage of their own free wills.
In Islamic law, consent is needed for a valid marriage. [127] Islamic marriage is concluded (but not excluding the bride) between the guardian ( wali ) of the bride and bridegroom, not between bridegroom and bride but her permission is still necessary and her wali, guardian, merely represents her.
Thus, a nikah 'urfi in an Islamic state may denote something similar to a common-law marriage in the west, while in some countries, such as Egypt, a nikah 'urfi is a marriage that takes place without the public approval of the bride's guardians, even though the contract is officiated by a religious cleric and sometimes by a state representative.
However, according to Islamic law and the Hadith, consent is required from both parties before marriage, regardless of the woman's status. [ 77 ] Other scholars have pointed out that the modern conception of sexual consent came about only in the 1970s and so it makes little sense to project it backwards onto classical Islamic law. [ 78 ]