Conditions of a Valid Islamic Marriage Contract

Marriage (nikah) in Islam is a sacred contract between a man and a woman that legalizes their relationship and establishes mutual rights and obligations. The Prophet (peace be upon him) said: "Marriage is my sunnah; whoever turns away from my sunnah is not of me" (Sunan Ibn Majah). Unlike in some other traditions, the Islamic marriage is a civil contract with religious dimensions, not a sacrament. For this contract to be valid, specific conditions must be met, and the four schools of jurisprudence provide detailed guidelines.

Essential Elements (Arkan)

The essential elements of a valid nikah are: the offer (ijab) and acceptance (qabul), expressed clearly in the past tense using words that indicate marriage (such as "I marry" or "I give in marriage"); the presence of the bride and groom (or their authorized representatives); and the wali (guardian) of the bride. The Hanafi school is unique in allowing an adult woman of sound mind to contract her own marriage without a wali, though it is strongly recommended. The Maliki, Shafi'i, and Hanbali schools consider the wali an absolute condition, based on the hadith: "There is no marriage without a wali" (Sunan Abu Dawud).

Witnesses

The presence of witnesses is required by all four schools. The Hanafi, Shafi'i, and Hanbali schools require two male Muslim witnesses of sound mind. The Maliki school considers witnesses recommended at the time of the contract but requires the marriage to be publicized (announced); a secret marriage is invalid even with witnesses according to the Malikis. The wisdom behind witnesses is to protect the rights of both parties and to distinguish a legitimate marriage from illicit relationships. The Prophet (peace be upon him) said: "Announce the marriage" (Sunan al-Tirmidhi).

The Mahr (Dowry)

The mahr is a mandatory gift from the groom to the bride, and it is her exclusive right. It can be money, property, or anything of value, and can be paid immediately (mu'ajjal) or deferred (mu'ajjal). There is no maximum limit, but the Prophet (peace be upon him) encouraged moderation: "The best of marriages are those which are easiest" (Sunan Abu Dawud). The mahr is not the "price" of the bride; it is a gift honoring her and a symbol of the husband's commitment. The Hanafi school sets a minimum mahr at 10 dirhams of silver, while the other schools have no minimum as long as it has some value. A marriage contracted without mention of mahr is still valid, and the bride is entitled to the mahr al-mithl (comparable mahr of women in her family).

Prohibited Marriages

Islam prohibits marriage between certain categories of people. Permanent prohibitions include: marriage to one's mother, daughter, sister, aunt, niece, mother-in-law, daughter-in-law, foster-mother, and foster-sister (based on Quran 4:23). Temporary prohibitions include: marrying a fifth wife (while already married to four), marrying two sisters simultaneously, marrying a woman during her iddah (waiting period), and a Muslim woman marrying a non-Muslim man. A Muslim man may marry a woman from the People of the Book (Jewish or Christian), though many scholars advise caution, especially in non-Muslim countries where the children's Islamic upbringing may be at risk.