Fard (mandatory) conditions of nikah



For the validity of nikah must necessarily be two conditions are met: idzhab (offer) and Kabul (acceptance).

Idzhab is a message one side to the other of his desire to enter into the marriage.

Kabul – the acceptance of an offer by the other party.

Act of marriage to be valid, the following conditions must be met.

  1. Should not be any interference for marriage. For example, close relatives can not marry each other, you can not marry a married woman, etc.
  2. Both sides have to reach the age of majority and be sane people. Here we mean the following: young people should understand and be aware of it. Therefore marriage of insane people and minor children shall be considered invalid.

It is allowed to conclude a marriage between 9-10-year-old children, but only if guardians make it for them. If the guardians are absent, persons entering into a marriage with each other, must be sane.

3. Both sides need to hear the words spoken during the act of marriage.

4. During Nikah witnesses must be present. They can be two Muslim men or one man and two women professing Islam. But it according to the instructions in the Hanafi school of thought, while according to the rules of the other three madhhabs both witnesses must be representatives of male and should possess the quality of justice. If a Muslim man to marry a woman of another religion, non-Muslims can be the witnesses.

5. Witnesses must hear all the words pronounced in the act of marriage. Witnesses also need to understand all the words.

6. According to the provisions of the Hanafi school of thought, adult female can not marry without her consent. But according to the rules of the other three madhhabs during nikah most important thing is the consent of the man and the girl's consent is not required.

7. Idzhab and Kabul should occur in one place. For example, if idzhab was made in one place, but the other party left him without answering, and the answer given in another place, this agreement has no legal force.

8. There should not be any controversy. For example, if one side says “I accept you as a wife with a condition of payment, as mahr 50 grams of gold”, and the other side responds”, I agreed to marry you, but this is not enough mahr”, the nikah will be invalidated.

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