Marriages

Introduction of Marriage and understanding what is court marriage and what is online nikah, how online nikah is done and what is the procedure of court marriage.

Zia Ur Rehman

8/18/202310 min read

court marriage
court marriage

What is marriage?

Marriage is a socially and culturally accepted union between a man and a woman, with the intention of forming an enduring partnership and sharing their lives together. It is a primary tradition in societies around the world and takes different forms based on cultural, religious, and legal standards. this blog also cover about the online nikah and court marriage in pakistan.

Main fundamentals of marriage include:

Partnership: Marriage involves the mutual agreement and assurance of two individuals to share their lives, experiences, and responsibilities. It is a partnership built on love, companionship, and support.

Legal and Social Recognition: In addition to being a personal and emotional bond, marriage often carries legal and social recognition. Marriage can hold deep religious and cultural significance, often involving ceremonies, rituals, and traditions that reflect the values and beliefs of the couple's religious or cultural background. This recognition can come from religious institutions, civil authorities, and the wider community. Marriage is socially recognized and often celebrated within the community. It provides a sense of belonging and connection within a larger social context.

Commitment: Marriage signifies a commitment to each other's well-being, happiness, and growth. It involves a promise to stand by each other through both happy and challenging times.

Rights and Responsibilities: Marriage comes with a set of rights and responsibilities for both bride and groom. These can include financial support, emotional care, loyalty, and the duty to cultivate any children that may result from the marriage.

Family Building: Marriage often includes the possibility of building a family, either through biological children, adoption, or other means. Raising children together is an important aspect of many marriages. In brought sense, marriage is the basic tool to building a family tree and then tribes which also distributes the humanity in casts. In other sense, marriages are caused of building villages, cities and countries.

Cultural and Religious Significance: In many cultures and religions, marriage has deep cultural and religious significance. It may involve rites, ceremonies, and traditions that reflect the values and beliefs of the community.

Legal Framework: In many countries, marriage has legal implications, such as inheritance rights, tax benefits, and legal recognition of spousal relationships.

Emotional Connection: Marriage often involves a strong emotional bond between the partners. Love, affection, understanding, and emotional support are important components of a successful marriage.

It's important to note that the concept of marriage can vary widely across different cultures, religions, and societies. Some individuals may choose not to marry, while others may opt for non-traditional forms of partnership. In recent times, there has been a growing recognition of same-sex marriages in many parts of the world, reflecting a broader understanding of marriage as a union based on love, commitment, and equal rights for all individuals but Islam does not recognize it and condemns such marriages as this is a serious threat to society.

Marriage in Islam

Marriage or Nikah holds significant importance in Islam as it is considered a sacred bond between a man and a woman, founded on mutual love, respect, and companionship. Islamic teachings emphasize the spiritual, emotional, and social aspects of marriage. Here are some key points about marriage in Islam:

Intention and Purpose: The primary purpose of marriage in Islam is to establish a peaceful and harmonious relationship between spouses, fostering love, compassion, and support for one another. It is also seen as a means to fulfill one's physical and emotional needs within the bounds of Islamic morality.

Legal Requirements: Islamic marriage involves a formal contract, known as the "Nikah." The contract includes the agreement of both the bride and the groom. Witnesses are also required to testify to the contract's validity.

Mahr (Dowr): The groom is required to provide the bride with a gift, called the "mahr," which is a symbol of his commitment and financial responsibility towards her. The mahr is negotiated and agreed upon between the parties involved and can vary greatly.

Consent: The consent of both parties is a crucial element of an Islamic marriage or Nikah. Forced marriages are not valid in Islam. The bride and groom must willingly enter into the marriage contract.

Monogamy: While Islam permits polygyny (a man having multiple wives), it is subject to certain conditions. The husband must treat all wives equally and provide for their emotional, financial, and physical needs. However, most Muslim men choose monogamy due to the requirement of treating wives equally, which can be very challenging. Polygamy is common in Arab countries with good per capita incomes. However, second marriages are generally increasing in all Muslim countries with the permission of marriage registration authorities.

Rights and Responsibilities: Islam emphasizes the rights and responsibilities of both spouses called conjugal rights. Conjugal rights refer to the mutual rights and privileges between two individuals arising from the state of being married. These rights include mutual rights of companionship, support, comfort, sexual relations, affection, joint property rights and the like. Husbands are tasked with providing for the family's financial needs or maintenance, while wives have the right to be treated with kindness, respect, and protection. Mutual consultation and cooperation are encouraged in all matters.

Companionship: The concept of marriage in Islam is often described as a partnership and companionship. Spouses are expected to support and comfort each other, share responsibilities, and help each other grow in faith and character.

Family and Procreation: Marriage is seen as a means to establish a family unit and have children. Raising and nurturing children is considered a noble responsibility, and parents are urged to provide a proper Islamic upbringing for their offspring.

Divorce: Islam acknowledges that divorce may be necessary in certain circumstances, but it is viewed as a last resort. The process of divorce involves specific steps, including arbitration and waiting periods, to ensure that it is not taken lightly.

Modesty and Chastity: Islam places a strong emphasis on modesty and chastity in relationships. Physical intimacy is reserved for the marital relationship and premarital or extramarital relationships are considered forbidden to the extent.

It's important to note that practices and interpretations of Islamic teachings can vary across different cultures and communities. Therefore, while these points provide a general overview of marriage in Islam, specific practices and traditions might differ based on local customs and beliefs.

Marriage in Islam

In Islam, there are primarily two main types of marriages: Nikah and Mut'ah. Each of these types has its own characteristics and rules.

Nikah (Permanent Marriage):

Nikah is the most common and widely recognized form of marriage in Islam. It is a permanent and legitimate contract between a man and a woman with the intention of building a lifelong partnership. The contract is based on mutual consent, understanding, and respect. In a Nikah marriage:

Both partners agree to live together as husband and wife.

The groom offers a dowry (mahr) to the bride, which is a gift that becomes her property.

Witnesses must be present to validate the contract.

The marriage contract can include specific terms and conditions agreed upon by both parties.

Mut'ah (Temporary Marriage):

Mut'ah is a less common and controversial form of marriage within certain branches/Fiqa of Islam, particularly among Shia Muslims. It is a temporary marriage contract that has a predetermined duration or expiration date. Some key points about Mut'ah marriages:

The duration of the marriage is agreed upon in advance, and it can be for a specific period of time.

The concept of Mut'ah is more widely accepted within some school of thoughts of Shia Islam, while Sunni Islam generally does not recognize it as a legitimate form of marriage.

It does not typically involve the same legal and social obligations as a permanent marriage.

Some critics view Mut'ah as a form of legalized prostitution, while advocates argue that it can serve specific social and religious purposes.

It's important to note that the practice of Mut'ah is a subject of debate and interpretation among different Islamic scholars and schools of thought. Many scholars and Muslims do not consider it a valid form of marriage, especially within Sunni Islam. The concept and legality of Mut'ah can vary significantly based on cultural and regional practices as well.

Additionally, regardless of the type of marriage, Islamic marriages are generally expected to uphold certain ethical principles and guidelines, such as mutual respect, consent, kindness, and fulfilling the rights and responsibilities of both partners.

Types of Marriages

In Islam, there are several types of marriages recognized, each with its own rules and conditions. The most common types of marriages in Islam include:

Nikah (Regular Marriage): This is the most common type of marriage in Islam, where a man and a woman come together in a legally recognized contract. The contract outlines the rights and responsibilities of both parties and is typically witnessed by two Muslim witnesses. The groom pays the bride a dowry (mahr), which is a gift from the groom to the bride.

This type of marriages are performed mainly in two ways:

1. Arranged Marriage: The marriage is arranged by the family of groom and bride both with free consent of couple. This marriage is normally done in the presence of many guests including relatives from bride and groom. The ceremonies of such marriages are expensive and normally depend upon the financial position of the parties. The customs are developed into over spending trends. Some people do not exceed the limits upon such ceremonies.

2. Court Marriage: This type of marriage is normally adopted by the couples who are not being permitted by their elders and they are not respected of their free consent to marry. As per sharia and law of every country the free consent of bride and groom is the basic condition of marriage. So such couples who face trouble or hindrance to marry each other or facing threats tends to adopt the court marriage. The law of country protects their rights and permits them to marry each other with their own free consent and will. Such marriages are arranged through family lawyers, legal coordinators, nikah registrar; Nikah Imam usually works in the area of court or court marriage lawyer.

3. Online Marriage (Online Nikah) : When bride and groom are not physically present at the venue of marriage ceremony , or when Groom is not physically present in venue of marriage ceremony or when bride is not physically present at the venue of marriage ceremony or Nikah ceremony or when groom is out of country and bride is in the country, when both bride and groom are out of country, they may get their marriage through online which is being done through internet, video conference call in the presence of witnesses and their appointed Wakils (attorneys). Such marriage is also called, Wakil based marriage. Such marriages are also called Proxy Marriage. Such marriages are also conducted through online nikah service providers. For more details click on

a. How to do online nikah : contact online nikah service provider, provide the identities of both bride and groom, passport copy in case of foreigner, a Wakil appointment letter is signed by the party who is not physically present in the marriage venue and sent through email to the service provider.

b. How much fee of online nikah? The fee is not fixed. It depends upon the case.

c. How much fee of court marriage? The fee is not fixed and depends upon the case.

d. Is online nikah valid in Islam? Yes, it is valid.

e. Is court marriage allowed in Islam? Yes, allowed. An adult couple is fully allowed to get court marriage, Islam do not allow force marriage. The consent and free will of couple is the basic element of Nikah.

f. What is difference between online nikah and court marriage? Online nikah is carried out when one of both of bride and groom are not physically present at the venue of marriage. It also done when the bride or groom is out of country. Whereas the court marriage is carried out where the free consent of the couple is ignored or when they are not allowed by their families, so they have option to get court marriage.

4. Sharia Nikah : refers to the marriage contract conducted according to Islamic law, or Sharia. It is also commonly referred to simply as "Nikah." In Islamic tradition, the Nikah is a formal and legally binding contract that establishes the rights and responsibilities of both the husband and wife within the framework of Islamic teachings. Some people don’t register the marriage with government authorities but such marriages are correct and valid as per Islam. Such marriage is also called Islamic Nikah, Sharia Nikah , Zabani Nikah or Shari Nikah.

Misyar Marriage: This is a type of marriage where certain conditions, such as living separately or not having financial obligations towards each other, are agreed upon. It is often entered into by individuals who want the companionship of marriage but also desire some level of independence.

Mut'a (Temporary Marriage): This is a controversial form of marriage in certain Islamic traditions. It involves a temporary marriage contract with a specified end date. While it is practiced by some Shia Muslims, it is not universally accepted and is considered impermissible by many scholars.

Polygyny: Islam permits a man to have up to four wives simultaneously, provided that he treats them equitably and is able to fulfill the financial and emotional responsibilities towards each wife.

Polyandry: This type of marriage, where a woman has multiple husbands at the same time, is not permitted in Islam. It is not recognized under Islamic law.

Marriage of Convenience (Tahleel Marriage): In some cases, a man might marry a woman with the intention of divorcing her soon after in order to make it permissible for her to marry another man. This practice, known as "Tahleel Marriage," is controversial and is criticized by many scholars.

It's important to note that practices and interpretations can vary among different Islamic sects and cultures. The principles of consent, justice, and mutual respect are generally emphasized in Islamic marriages, regardless of the specific type. It's always recommended for individuals seeking to get married to consult with knowledgeable scholars or religious authorities to ensure they are following the appropriate practices according to their beliefs and the teachings of Islam.

Here are some key elements of a Sharia-compliant Nikah:

· Proposal and Acceptance: The process begins with a proposal (ijab) from the groom and an acceptance (qabool) from the bride. Both parties must be in agreement regarding the marriage.

· Mahr (Dowry): The groom is required to give the bride a gift, known as the mahr, as part of the marriage contract. This gift is the bride's right and is meant to demonstrate the groom's commitment and willingness to support the bride.

· Witnesses: The Nikah contract should be witnessed by at least two adult Muslim witnesses. Their presence ensures the validity and legality of the marriage.

Consent: Both the bride and groom must give their voluntary and informed consent to the marriage. Forced marriages are not considered valid in Islam.

Terms and Conditions: The contract can include specific terms and conditions that the couple agrees upon, as long as they do not contradict Islamic principles.

Legal Recognition: A Nikah performed in accordance with Islamic guidelines is legally recognized as a marriage contract in many countries where Islamic law or personal religious laws are recognized.

Responsibilities: The marriage contract outlines the rights and responsibilities of both spouses, including financial support, companionship, and the treatment of each other with respect and kindness.

It's important to note that while the Nikah is a religiously valid marriage, in some countries, a civil marriage might also be required to fulfill legal requirements. The Nikah primarily focuses on the religious aspects of marriage, while the civil marriage ensures legal rights and recognition in the country's legal system.

Islamic teachings emphasize the importance of treating one's spouse with kindness, respect, and equity, and the Nikah contract is meant to provide a framework that upholds these principles within a marital relationship.