The nikah — a contract with terms.
An offer, an acceptance, two witnesses, and the mahr, a payment named in the document that belongs to the wife and to nobody else. Conditions can be written into it — the right to divorce, to work, to study — and in several schools they bind.
The nikah is a contract and the tradition is entirely unembarrassed about saying so: offer, acceptance, two witnesses, and the mahr, a payment specified in the document that belongs to the wife personally and not to her family. It can be a token or substantial, immediate or deferred to the event of divorce or death, and it is legally hers. Conditions can be written in — that the husband will not take another wife, that she may work, study, travel, or hold the right to initiate divorce — and in the Hanbali school and modern codes in several countries such conditions bind. Where they are omitted, women lose protections the classical law made available, which is why campaigns across Morocco, Egypt and Pakistan focus on the contract itself. The wali, a male guardian who contracts on the bride's behalf, is required in three Sunni schools and not in the Hanafi, and is one of the sharper points of live disagreement. Most Muslim marriages also require a civil registration that the religious rite does not by itself provide.
The same ground, other faiths
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