رجسٹریشن نکاح کی شرعی حیثیت اور متعلقہ عدالتی فیصلے

Clicks: 3
ID: 311032
2020
Free PDF
Article Quality & Performance Metrics
Overall Quality
Not rated
Combines reader engagement with the AI quality analysis. This article has not been analysed, so there is no overall score — reader engagement is measured and shown alongside.
AI Quality Assessment
Not analyzed
Readership in this journal
Steady

Ranked #28 of 259 articles by views in Pakistan Journal of Islamic Research

Most read Least read

Bar heights use a square-root scale. Only the 120 most-read articles are drawn; the journal has 259 in total.

Mint this article as an NFT
Not yet minted

Create a permanent, verifiable on-chain record of this article on the Scimatic Network. The NFT is held in your Journament account, and you can withdraw it to your own wallet at any time.

5 SUSD one-off · no wallet required
Sign in to mint
Abstract
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.
Reference Key
imported_1769980133_697fc0e5dcd2f Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Saeed ur Rahman
Journal Pakistan Journal of Islamic Research
Year 2020
DOI
DOI not found
URL
https://pjir.bzu.edu.pk/index.php/pjir/article/view/158
Keywords Keywords not found

Citations

No citations found. To add a citation, contact the admin at info@scimatic.org

Comments

No comments yet. Be the first to comment on this article.