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Monday 26 February 2018

Method Of Tajdid-Un-Nikah

The meaning of ‘Tajdid-un-Nikah’ is ‘to perform a new Nikah (marriage) with a new Mahr (monetary dowry)’. It is not necessary to gather people together for this. Nikah is the name of Ijab (offer) and Qabul (acceptance) in a contract of marriage. At the time of the Nikah, at least 2 Muslim men or 1 Muslim man and 2 Muslim women must be present as witnesses. The sermon (Khu bah) of Nikah is not compulsory for the marriage; rather it is Musta ab (recommended). If someone does not remember this sermon then Surah Al-Fati ah should be recited after reciting the following:

اَعُوْذُ بِاللہِ مِنَ الشَّیْطٰنِ الرَّجِیْمِ بِسْمِ اللہِ الرَّحْمٰنِ الرَّحِیْمِ


It is Wajib (necessary) to give at least 10 dirhams, i.e. 2 Tolah and 7½ Mashah of silver (equivalent to 30.618g of silver), or a sum of money equivalent to this as dowry. For example, you have made the intention of paying 786 PKR as debt of dowry (however, when setting the amount of dowry one must ensure that the value of the above-mentioned amount of silver is not greater than 786 PKR) then, in presence of the witnesses as mentioned above, you will carry out ‘Ijab’, i.e. you will say to the woman, ‘I performed Nikah with you in exchange of the dowry of 786 PKR.’ The woman should then say, ‘I have accepted,’ Nikah has established. (It is not necessary for Ijab and Qabul to be carried out 3 times, but if this is done thrice it is even better.)

It is also permissible for the woman to recite the Khu bah or Surah Al-Fati ah and then carry out ‘Ijab’, to which the man would reply, ‘I have accepted,’ and the Nikah would establish. After the Nikah, if the woman wants to, she can waive the dowry, but the man should not ask the woman for same without a Shar’i need. 

Madani Pearl:


In those cases in which Nikah gets invalid, for example due to uttering ‘Sari ’ (i.e. categorical) Kufr and therefore becoming an apostate, then the dowry is Wajib in Tajdid-un-Nikah. However, it is not required in precautionary Tajdid-un-Nikah.

Caution:


If someone did Nikah after becoming an apostate, but before repenting and performing Tajdid-ul-Iman, then that Nikah is invalid.

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