Islamic Law on Marriage

A Nikāh is the Islamic marriage contract. It’s a sacred covenant between a man and a woman, making their relationship lawful in the eyes of Allah.

No, forced marriage is not allowed in Islam. Your consent is a crucial requirement for a valid Nikāh.

The schools of thought differ on this:

• • Hanafi: A mature woman can marry without her guardian’s consent.
  • Maliki, Shafi’i, and Hanbali: The guardian’s consent is necessary. However, if the guardian unreasonably refuses, a judge can act as the woman’s guardian.

• Consent of both parties;
• Two male witnesses (or one male and two females in some schools);
• Offer and acceptance (ijāb and qabūl);
• Mahr (dowry/maskāvi);
• Absence of legal impediments to marriage.

Yes, you can attend your Nikāh in person at the mosque. In fact, your presence is important to give your consent.

Mahr is a gift from the husband to the wife upon marriage. It’s a right of the wife and becomes her property. Mahr is known as the “Maskāvi” in Cape Town.

There’s no set maximum. The minimum varies by school of thought, but generally, it should have some value.

Yes, you can agree to receive part of your Mahr immediately (mu’ajjal) and part later (mu’akhar).

Yes, the Nikāh is considered a contract in Islamic law, with rights and obligations for both parties.

It is important to understand that your Islamic marriage contract (or Nikāh contract) and a South African ante nuptial contract are two different things with different legal consequences:

The Islamic Marriage Contract:

• Is a religious agreement based on Islamic law;
• Outlines your rights and responsibilities as husband and wife according to Islamic principles;
• May include details about Mahr (dowry), living arrangements, and other religious obligations;

While very important in your faith and community, it is not automatically recognised by South African law. You will have to approach the South African courts to enforce it, if one of the spouses breaches any conditions.

The South African ante nuptial contract:

• Is a legal document recognised by South African courts;
• Is signed before marriage and must be notarised (officially certified by a legal professional);
• Determines how your assets will be divided if you divorce or if one spouse passes away;
• Can protect each spouse’s personal assets and debts from the other.

To ensure your marriage is fully protected under both Islamic and South African law, you might consider:

1. Having an Islamic marriage contract for your religious needs.
2. Also signing a South African ante nuptial contract before your civil marriage.
3. Registering your marriage with Home Affairs to make it officially recognised in South Africa.

This way, you can honour both your religious beliefs and the legal requirements of your country. It is advisable to consult with both an Islamic scholar and a South African lawyer to fully understand your options and rights.

You can include any conditions that don’t contradict Islamic principles. Common ones include education rights, work rights, and living arrangements.

Yes, you can include the right to initiate divorce (called Talāq al-Tafwīd) in your contract. This occurs where the husband delegates his right of divorce (Talāq) to his wife.

Yes, you can include this condition. If he breaks it, you would typically have the right to seek divorce.

Explicitly state your right to work or study in the contract. Specify that your husband agrees not to interfere with these pursuits.

The husband is responsible for providing food, shelter, clothing, and other necessities for his wife and children, according to his means.

A wife has no Islamic obligation to contribute financially. Her wealth and earnings are her own to use as she wishes.

In principle, yes. If she contributed with the intention of being repaid, she can claim it back. However, if it was given as a gift, she cannot.

Keep detailed records of all contributions, including dates, amounts, and purposes. Consider using a shared spreadsheet or financial app.