Tutorial - Nikah PDF

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Explain age for nikah and prohibited nikah. Support your views with juristic views, provisions of IFLA and illustrations.

Nikah meaning is joining together or tiding together. A marriage or a contract legalising the relationship the relationship between a man and a woman. In the case of Khurshidi Bibi v Muhammad Amin stated that marriage among Muslims is not a sacrament, but is in the nature of civil contract. Such a contract undoubtedly has spiritual and moral overtones and undertones, but legally, in essence it remains a contract between the parties which can be the subject of dissolution for good cause. Marriage is considered a religious obligation in Islam. In, An Nur: 32 “…and marry the unmarried among you and the righteous among your male slaves and female slaves…” also in Surah Ar Rum: 21 stated that “…and amongst His signs is that He created for your spouses from among yourselves that you may dwell in tranquillity with them…”. In hadith by Ibn Abbas reported that the Prophet SAW said “when one is married, he secures half of his religion. So let him fear God in the other half” also in Anas bin Malik reported that the Prophet SAW said “marriage is my Sunnah, whoever keeps away from my Sunnah, he is not among me.” Age is not a rukun for nikah. The main part or syurud are baligh which is reaching puberty and rushd (maturity). Baligh is different according to gender, weather and places. Rushd is also similar a person aged 11 years may have a higher level of maturity compared to those aged 15 years. The authority is the nikah between Prophet Muhammad saw and Sayyidatina Aishah r.a who was of Sayyidina Abu Bakar r.a. Many Hadiths explain the different age of Aishah r.a when the nikah was solemnised. However, the Muslim scholars agree that the consummation of the nikah occurred later. The Muslim scholars also agree that at the time of the solemnisation of the nikah, Aishah r.a had reached baligh and the consummation of the nikah occurred after she reached rushd. Nowadays, in Malaysia for instance, there is a minimum age for marriage. However, the court is given the power to determine the proposed marriage involving those under the minimum age. This practice is to be in line with the general issue involving age of marriage and also the invocation of maslahah. Section 8 of IFLA stated that minimum age for marriage which man age is 18 years old while woman age is 16 years old except where the Syariah Judge has granted his permission in writing in certain circumstances. For instance, if there is a woman under 16

years old wanted to get marry the judge would look into a circumstances that the woman go through before it can be approve. Next, prohibited nikah. There are two prohibitions which are permanent and temporary prohibitions. Permanent prohibitions under section 9 of the IFLA is already been stated. Which ground of consanguinity or nasab on section 9((1) of the IFLA where father and mother, grandfather and grandmother, son and daughter, grandson and granddaughter, sister and brother (same parent, same father, or same mother), niece and nephew, aunty and uncle (father and mother’s side). Meanwhile, section 9(2) of the IFLA ground of affinity or marriage Father and mother in laws, step-mother and step-father, step-grandmother and stepgrandfather, daughter and son in law, step daughter and step son and under section 9(3) of the IFLA stated about fosterage (milk relationship) all women and men who cannot marry by consanguinity is also haram to marry by fosterage (Hadith). Quantity of milk, in Mazhab Hanafi and Maliki 1 suckle serves as a nourishment for the child. Mazhab Syafie 5 suckle and Mazhab Hambali 3 suckle. Age of child, Mazhab Hanafi from birth till 2 1/2 years others mazhab birth till 2 years. In Prophet Muhammad saw said “suckling is only valid if it takes place in the suckling period.” By Sahih Al Bukhari. Next, temporary prohibition. Where marry another men’s wife, woman in iddah period, marry 5th wife, pregnant woman and marry 2 living sisters at a time....