Nikah (Sexual Consummation of Marriage): Difference between revisions

Jump to navigation Jump to search

Nikah (Sexual Consummation of Marriage) (view source)

Revision as of 04:18, 1 December 2013

1,003 bytes added ,  1 December 2013
m
no edit summary
[checked revision][checked revision]
mNo edit summary
mNo edit summary
(7 intermediate revisions by 2 users not shown)
Line 1: Line 1:
This page references and quotes numerous scholarly and/or reliable sources that define or describe the [[Arabic]] term '''nikah''' (or the root n-k-h) as meaning "sexual intercourse", or the contract of ''sexual intercourse'', or [[marriage]] as a contract for ''sexual intercourse'' (for the payment received by the "bride" for nikah, see [[Purpose of the Mahr]]).
This page references and [[Quotations|quotes]] numerous scholarly and/or reliable sources that define or describe the [[Arabic]] term '''nikah''' (or the root n-k-h) as meaning "sexual intercourse", or the contract of ''sexual intercourse'', or [[marriage]] as a contract for ''sexual intercourse'' (for the payment received by the bride for nikah, see [[Purpose of the Mahr]]).
==Definitions==
==Definitions==


Line 39: Line 39:
El Alami, Dawoud. Marriage Contract in Islamic Law. London: Graham & Trotman, 1992.  
El Alami, Dawoud. Marriage Contract in Islamic Law. London: Graham & Trotman, 1992.  
Maghniyyah, Muhammad Jawad. Marriage According to Five Schools of Islamic Law. Tehran: Department of Transliteration and Publication, Islamic Culture and Relations Organization, 1997.}}
Maghniyyah, Muhammad Jawad. Marriage According to Five Schools of Islamic Law. Tehran: Department of Transliteration and Publication, Islamic Culture and Relations Organization, 1997.}}
===Voices of Islam: Voices of life: family, home, and society===
{{Quote|Vincent J. Cornell, Voices of Islam: Voices of life: family, home, and society. Ch. 3, Marriage in Islam (by Nargis Virani), p. 59|Allowable sexual relations in the Qur’an are designated by the term '''nikah, which connotes both marriage and intercourse''' (Qur’an 2:221, 230, 232, 235, 237; 4:3, 6, 22, 25, 127; 24:3, 23, 33, 60; 28:27; 33:49, 50, 53). Marriage prevents sexual frustration and the temptation to sin (Qur’an 24:32).}}
{{Quote|Vincent J. Cornell, Voices of Islam: Voices of life: family, home, and society. Ch. 3, Marriage in Islam (by Nargis Virani), p. 59|TERMS FOR MARRIAGE IN ISLAM
Among Muslims, the most commonly used term for marriage is '''nikah, which literally means “sexual intercourse.”''' As a legal term, nikah denotes the situation resulting from a contract entered into by a Muslim man and a Muslim woman, which legitimizes cohabitation and sexual intercourse between the signers of the contract in the eyes of God and their co-religionists.}}
{{Quote|Vincent J. Cornell, Voices of Islam: Voices of life: family, home, and society. Ch. 3, Marriage in Islam (by Nargis Virani), p. 60|In Muslim countries where Arabic language and culture predominate, '''marriage is referred to as zawaj, literally, “pairing.”'''}}


===J S Schacht===
===J S Schacht===
Line 85: Line 75:


{{Quote|Tove Stang Dahl, The Muslim family: a study of women's rights in Islam, Scandinavian University Press, 1997, p. 52|The legitimate form of sexuality is therefore an outcome of marriage - nikah ('''the concept nikah means both marriage and sexual intercourse''').}}
{{Quote|Tove Stang Dahl, The Muslim family: a study of women's rights in Islam, Scandinavian University Press, 1997, p. 52|The legitimate form of sexuality is therefore an outcome of marriage - nikah ('''the concept nikah means both marriage and sexual intercourse''').}}
===Voices of Islam===
====Nargis Virani: Voices of life: family, home, and society====
{{Quote|Vincent J. Cornell (2007), Voices of life: family, home, and society, p. 59 (Marriage in Islam by Nargis Virani).|Allowable sexual relations in the Qur’an are designated by the term '''nikah, which connotes both marriage and intercourse''' (Qur’an 2:221, 230, 232, 235, 237; 4:3, 6, 22, 25, 127; 24:3, 23, 33, 60; 28:27; 33:49, 50, 53). Marriage prevents sexual frustration and the temptation to sin (Qur’an 24:32).}}
{{Quote|Vincent J. Cornell (2007), Voices of life: family, home, and society, p. 59 (Marriage in Islam by Nargis Virani).|TERMS FOR MARRIAGE IN ISLAM
Among Muslims, the most commonly used term for marriage is '''nikah, which literally means “sexual intercourse.”''' As a legal term, nikah denotes the situation resulting from a contract entered into by a Muslim man and a Muslim woman, which legitimizes cohabitation and sexual intercourse between the signers of the contract in the eyes of God and their co-religionists.}}
{{Quote|Vincent J. Cornell (2007), Voices of life: family, home, and society, p. 60 (Marriage in Islam by Nargis Virani).|In Muslim countries where Arabic language and culture predominate, '''marriage is referred to as zawaj, literally, “pairing.”'''}}
====Ziba Mir-Hosseini: Voices of Change====
{{Quote|Vincent J. Cornell (2007), Vol. 5, Voices of Change, pp. 85-113 (Islam and Gender Justice, by Ziba Mir-Hosseini).|Marriage, as defined by classical jurists, is '''a contract of exchange whose prime purpose is to render sexual relations between a man and a woman licit'''. Patterned after the contract of sale, which served as a model for most contracts in Islamic jurisprudence, it has three essential elements: the offer (ijab) by the woman or her guardian (wali), the acceptance (qabul) by the man, and the payment of dower (mahr), a sum of money or any valuable that the husband pays or undertakes to pay to the bride before or after consummation.<BR><BR>The marriage contract is called '''‘aqd al-nikah (literally ‘contract of coitus’)'''. In discussing its legal structure and effects, classical jurists often used the analogy of '''the contract of sale''' and alluded to parallels between the status of wives and female slaves, to whose sexual services husbands/owners were entitled, and who were deprived of freedom of movement.}}


===Sexuality in Islam===
===Sexuality in Islam===
Line 92: Line 98:
===Women and international human rights law===
===Women and international human rights law===


{{Quote|Kelly Dawn Askin, Dorean M. Koenig, Women and international human rights law: vol.3, Transnational Pub, 2008|In the medieval treatises, marriage was known as nikah, referring to licit sexual intercourse, and the marriage contract was understood as an agreement permitting the husband sexual access to the wife in return for his commitment to pay ...}}
{{Quote|Kelly Dawn Askin, Dorean M. Koenig, Women and international human rights law: vol.3, Transnational Pub, 2008|In the medieval treatises, marriage was '''known as nikah, referring to licit sexual intercourse''', and the marriage contract was understood as an agreement permitting the husband sexual access to the wife in return for his commitment to pay ...}}


===Studies in Modern Islamic Law and Jurisprudence===
===Studies in Modern Islamic Law and Jurisprudence===
Line 101: Line 107:


{{Quote|Muhammad Taqi Amini, Fundamentals of Ijtehad (I.A.D. religio-philosophy), Idarah-i Adabiyat-i Delli, 1980|[...] Imam Abu Hanipha [...] argues that the verse uses the word Nikah and it literally means the ‘union’ therefore it means ‘sexual intercourse’ [...]}}
{{Quote|Muhammad Taqi Amini, Fundamentals of Ijtehad (I.A.D. religio-philosophy), Idarah-i Adabiyat-i Delli, 1980|[...] Imam Abu Hanipha [...] argues that the verse uses the word Nikah and it literally means the ‘union’ therefore it means ‘sexual intercourse’ [...]}}
===Muhaqqiq al-Hilli, the renowned thirteenth-century Shi'ite jurist===
{{Quote|Hilli (1985: 428). Quoted by Ziba Mir-Hosseini in volume five of Voices of Islam, pp. 85-113|Marriage etymologically is uniting one thing with another thing; it is also said to mean '''coitus and to mean sexual intercourse''' … it has been said that it is '''a contract whose object is that of dominion over the vagina''', without the right of its possession. It has also been said that it is a verbal contract that first establishes the right to sexual intercourse, that is to say: it is not like buying a female slave when the man acquires the right of intercourse as a consequence of the possession of the slave.}}


===Muslim women in law and society: annotated translation of al-Tahir al Haddad al-Ṭāhir Ḥaddād===
===Muslim women in law and society: annotated translation of al-Tahir al Haddad al-Ṭāhir Ḥaddād===
Line 141: Line 151:


{{Quote|Harald Motzki, Encyclopaedia of the Qurʾan: Vol 3, Brill, 2003, p. 276|Aims of marriage
{{Quote|Harald Motzki, Encyclopaedia of the Qurʾan: Vol 3, Brill, 2003, p. 276|Aims of marriage
(1) In the Qurʾān, marriage is, first of all, the favored institution for legitimate sexual intercourse between a man and woman...}}
(1) In the Qurʾān, marriage is, first of all, the favored '''institution for legitimate sexual intercourse''' between a man and woman...}}


===Voices of Islam, Vol. 5, Voices of Change===
===Sidi Khalil, the prominent fourteenth-century Sunni Maliki jurist===


{{Quote|Vincent J. Cornell (2007), Voices of Islam, Vol. 5, Voices of Change, pp. 85-113 (Islam and Gender Justice, by Ziba Mir-Hosseini).|Marriage, as defined by classical jurists, is '''a contract of exchange whose prime purpose is to render sexual relations between a man and a woman licit'''. Patterned after the contract of sale, which served as a model for most contracts in Islamic jurisprudence, it has three essential elements: the offer (ijab) by the woman or her guardian (wali), the acceptance (qabul) by the man, and the payment of dower (mahr), a sum of money or any valuable that the husband pays or undertakes to pay to the bride before or after consummation.<BR><BR>The marriage contract is called '''‘aqd al-nikah (literally ‘contract of coitus’)'''. In discussing its legal structure and effects, classical jurists often used the analogy of '''the contract of sale''' and alluded to parallels between the status of wives and female slaves, to whose sexual services husbands/owners were entitled, and who were deprived of freedom of movement.}}
{{Quote|Ruxton (1916: 106). Quoted by Ziba Mir-Hosseini in volume five of Voices of Islam, pp. 85-113|When a woman marries, she sells a part of her person. In the market one buys merchandise, '''in marriage the husband buys the genital ''arvum mulieris'''''. As in any other bargain and sale, only useful and ritually clean objects may be given in dower.}}


==See Also==
==See Also==


*[[Lying]]'' - A hub page that leads to other articles related to lying''
{{Hub4|Lying|lying}}
*[[Islamic Terms]] ''- A hub page that leads to other articles related to Islamic Terms''
{{Hub4|Islamic Terms|Islamic Terms}}


==External Links==
==External Links==
Sahab
Bureaucrats, Editors, em-bypass-2, Reviewers, rollback, Suppressors, Administrators
48,466

edits

Retrieved from "http://wikiislam.net/wiki/Special:MobileDiff/79238...100650"

Navigation menu