PJIR | Pakistan Journal of Islamic Research - Multan

پاکستان جرنل آف اسلامک ریسرچ

BAHAUDDIN ZAKARIYA UNIVERSITY, MULTAN, PAKISTAN
ISSN (print): 2070-0326
ISSN (online): 2618-0820

رجسٹریشن نکاح کی شرعی حیثیت اور متعلقہ عدالتی فیصلے

  • Shahana Tabassum/
  • Saeed ur Rahman/
  • December 31, 2020
رجسٹریشن نکاح کی شرعی حیثیت اور متعلقہ عدالتی فیصلے
Keywords
Muslim Family Law, Registration Nikah, Muslim Family Law 1961
Abstract

The occurrence of “ Nikah’’  becomes valid vide Shariah-e-Islamia (Islamic Law) the moment  an adult  male, in the presence of two witnesses announces his word “I accept her as my wife for whole of  life’’ and the concerned adult female confirms the same by her saying “I too accept him  as my husband for life long’’. It needs no registration. In this manner, the “Nikah’’ of our Holy Prophet Muhammad (PBUH), the “Nikahs” of his pious companions and other believers did occur. The same process of “Nikah” remained in practice in the blessed period of his Caliphs. Later on, the said practice of “Nikah” was performed during the Caliphate of Ummayad and then the Abbasid Caliphate for a long span of time in all over the Muslim World. After the fall of the Abbasid Caliphate, the Muslim World was divided into many kingdoms, sultanates and emirates and the numerous Muslim rulers of the several dynasties ruled the different regions of the Muslim World as Kings, Sultans and Ameers, but the registration of “Nikah” was not required by their administrative institutions as it is required now a days due to the change in circumstances and situations. The performing of the “Nikah”, in the presence of  two witnesses by the acceptance of an adult male and its confirmation by an adult female went on functional admittedly  with no dispute in it in all schools of  Fiqah (Islamic jurisprudence). In the present time, the economic, administrative, social, political, legal, institutional conditions and values have been changed. Thus, the families (wife, husband and their children) have to face a lot of   difficulties for no registration of   “Nikah” due to complicated circumstances of the recent era. If the registration of “Nikah” is made compulsory, it may help in resolving the aforementioned problems easily. Therefore, most of the Muslim countries have made it the part of their legal system. In this research article, the researcher has argued for the necessity of  the “Nikah” registration in the light of  supporting references from Quranic verses, Prophet’s sayings and some precedent rules of Islamic jurisprudence with the aim to prevent the Muslim individuals, families, state institutions, judicial courts and all other concerns from social, legal,  judicial and administrative complications resulting due to no availability of “Nikah” registration by the relevant institutions constituted by the state in this regard. The researcher has also briefly analyzed two decisions of (Pakistani) Courts regarding Muslim Family Laws in the Islamic perspectives in conjunction with the concerned research.

Statistics

Author(s):

Assistant Professor, Department of Islamic Studies, the Women University, Multan.

Pakistan

  • shahanatabssum4@gmail.com

Ex-Chairman/Professor, Department of Islamic Studies, Bahauddin Zakariya University, Multan.

Pakistan

  • saeedurrehman@bzu.edu.pk
  • 03216322003
  • website

Details:

Type: Article
Volume: 21
Issue: 2
Language: Urdu
Id: 6017a1a30d41d
Published December 31, 2020

Statistics

  • 1188
  • 1089
  • 951

Copyrights

© 2008-2018 Islamic Research Centre, Bahauddin Zakariya University, Multan, Pakistan.
Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.