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The occurrence of “ Nikah’’ becomes valid vide Shariah-e-Islamia (Islamic Law) the moment an adult male, in the presence of two witnesses announces his word “I accept her as my wife for whole of life’’ and the concerned adult female confirms the same by her saying “I too accept him as my husband for life long’’. It needs no registration. In this manner, the “Nikah’’ of our Holy Prophet Muhammad (PBUH), the “Nikahs” of his pious companions and other believers did occur. The same process of “Nikah” remained in practice in the blessed period of his Caliphs. Later on, the said practice of “Nikah” was performed during the Caliphate of Ummayad and then the Abbasid Caliphate for a long span of time in all over the Muslim World. After the fall of the Abbasid Caliphate, the Muslim World was divided into many kingdoms, sultanates and emirates and the numerous Muslim rulers of the several dynasties ruled the different regions of the Muslim World as Kings, Sultans and Ameers, but the registration of “Nikah” was not required by their administrative institutions as it is required now a days due to the change in circumstances and situations. The performing of the “Nikah”, in the presence of two witnesses by the acceptance of an adult male and its confirmation by an adult female went on functional admittedly with no dispute in it in all schools of Fiqah (Islamic jurisprudence). In the present time, the economic, administrative, social, political, legal, institutional conditions and values have been changed. Thus, the families (wife, husband and their children) have to face a lot of difficulties for no registration of “Nikah” due to complicated circumstances of the recent era. If the registration of “Nikah” is made compulsory, it may help in resolving the aforementioned problems easily. Therefore, most of the Muslim countries have made it the part of their legal system. In this research article, the researcher has argued for the necessity of the “Nikah” registration in the light of supporting references from Quranic verses, Prophet’s sayings and some precedent rules of Islamic jurisprudence with the aim to prevent the Muslim individuals, families, state institutions, judicial courts and all other concerns from social, legal, judicial and administrative complications resulting due to no availability of “Nikah” registration by the relevant institutions constituted by the state in this regard. The researcher has also briefly analyzed two decisions of (Pakistani) Courts regarding Muslim Family Laws in the Islamic perspectives in conjunction with the concerned research.
شاہانہ تبسم , سعید الرحمن. (2020) رجسٹریشن نکاح کی شرعی حیثیت اور متعلقہ عدالتی فیصلے, Pakistan Journal of Islamic Research, Volume No. 21, issue 02.
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