What is the primary legal meaning of the term 'Nikah' (marriage contract)?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The primary meaning of the term 'Nikah' when used without qualification is the marriage contract. This is the most common usage in the Quran, the Sunnah, and common parlance. The text asserts that this understanding is correct because the term 'Nikah' in the Quran primarily refers to the contract, with the exception noted in the verse concerning a divorced woman remarrying: {until she marries a husband other than him} (Quran 2:230). Furthermore, its meaning is confirmed by its distinguishability from unlawful sexual intercourse (Sifah), as evidenced by the narration that the Prophet (peace be upon him) said, "I was born of Nikah, not of Sifah."
Supporting text
Some scholars, including Al-Qadi, suggest that 'Nikah' is semantically true for both the contract and sexual intercourse. This view is supported by the prohibition against marrying one's father's former wife, which is covered by the verse {And do not marry those whom your fathers married of the women} (Quran 4:22), implying the prohibited status stems from the relationship established by the act of marriage (which includes intercourse). Another view suggests it is literally the act of intercourse, and metaphorically the contract.