The Four Pillars
1. Offer and Acceptance (ijab wa qabul): The marriage is contracted through a formal offer and acceptance, typically: “I give my daughter to you in marriage” and “I accept.” The language must be unambiguous and in the present tense (most schools). Some schools accept past tense as well.
2. Wali (Guardian): Most schools (Hanafi, Shafi’i, Hanbali, Maliki) require a wali — a male relative of the bride (father, then grandfather, then brothers in order) to give her in marriage. If she has no wali, the judge (qadi) acts as wali. The Hanafi school is unique in that an adult sane woman may contract her own marriage, though the judge can dissolve it if the match is unsuitable.
3. Mahr (Bridal Gift): The mahr is a mandatory gift from the groom to the bride; it is her sole property and cannot be touched by her family. The Quran: “And give the women their mahr as a free gift.” (4:4) It may be prompt (mu’ajjal — paid at contract) or deferred (mu’ajjal — payable on divorce or death). A minimum mahr is required in most schools.
4. Witnesses: Two adult, sane, Muslim male witnesses must be present for the contract to be valid. Publicity of the marriage is important — secret marriages are invalid in most schools.
What Marriage Prohibits: Mahram
Certain women are permanently prohibited (mahram) for a man by reason of blood, milk-kinship, or in-law relationship (4:22-24). These prohibitions define the circle of mahram (those with whom marriage is forever forbidden) — and who may therefore be seen without hijab, traveled with as a guardian, etc.
Bohra Marriage Practice
Dawoodi Bohra nikah contracts are conducted under the authority of the Amil (the local religious representative). The marriage is officiated with the traditional Arabic ijab-qabul, and the mahr is specified in the contract. The Bohra nikah emphasizes community witnessing and the communal nature of the covenant. The Syedna’s blessing (dua) for the couple is an important spiritual dimension of the ceremony.
The Prophet’s Advice on Marriage
“Marry women for four things: their wealth, their lineage, their beauty, and their religion — but choose the one with religion, and your hands will be filled with dust [if you don’t].”
“Among the rights of the wife over the husband: that he feed her when he eats, clothe her when he clothes himself, not strike her on the face, and not revile her, and not separate from her except within the house.”
See also: Seerah Khadijah, Seerah Umm Salamah, Fiqh Al Wasiyyah, Fiqh Al Mawarith, Understanding Walayah, Seerah Aisha