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Nikah (Sexual Consummation of Marriage) (view source)
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This page references | {{QualityScore|Lead=2|Structure=2|Content=4|Language=3|References=4}} | ||
This page references scholarly, 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== | ||
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===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=== | ||
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{{Quote|Oussama Arabi, Studies in Modern Islamic Law and Jurisprudence, BRILL, 2001, p. 150 |In the Muslim normative universe, love and sexual emotions between the sexes ought to acquire a lawful form, a fact which is echoed '''in Islamic law where legal sexual intercourse (nikah)''' could only be in the form of a contract (‘aqd): “Legal union according to the Law is the contract of marriage (al-nikah fi’l shar’ ‘aqd al-tizwij). Sexual intercourse (wat’), without a contract, is illegal intercourse (safah, laysa bi-nikah).}} | {{Quote|Oussama Arabi, Studies in Modern Islamic Law and Jurisprudence, BRILL, 2001, p. 150 |In the Muslim normative universe, love and sexual emotions between the sexes ought to acquire a lawful form, a fact which is echoed '''in Islamic law where legal sexual intercourse (nikah)''' could only be in the form of a contract (‘aqd): “Legal union according to the Law is the contract of marriage (al-nikah fi’l shar’ ‘aqd al-tizwij). Sexual intercourse (wat’), without a contract, is illegal intercourse (safah, laysa bi-nikah).}} | ||
===Fundamentals of | ===Fundamentals of [[Ijtihad]]=== | ||
{{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=== | ||
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===Sidi Khalil, the prominent fourteenth-century Sunni Maliki jurist=== | ===Sidi Khalil, the prominent fourteenth-century Sunni Maliki jurist=== | ||
{{Quote|Ruxton (1916: 106) | {{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== | ||
*[[ | *[[Glossary of Islamic Terms]] | ||
==External Links== | ==External Links== | ||
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*[{{Reference archive|1=http://inthenameofallah.org/Marriage+in+Islam+OR+Nikah.html|2=2012-07-19}} Marriage in Islam/ Nikah] | *[{{Reference archive|1=http://inthenameofallah.org/Marriage+in+Islam+OR+Nikah.html|2=2012-07-19}} Marriage in Islam/ Nikah] | ||
[[Category: | [[Category:Women]] | ||
[[Category:Islam | [[Category:Shariah (Islamic Law)]] | ||
[[Category:Islamic | [[Category:Marriage]] | ||
[[Category:Sex]] | |||
[[Category:Criticism of Islam]] | |||
[[Category:Pre-Islamic Arabia]] | |||