What is Tajdeed e Nikah?
(Tajdeed e Nikah) According to Islamic or Sharia law, marriage is a legal union and a social contract between a man and a woman, a contract that is known as “nikah”. The marriage is bound by Sharia, and there are certain things that bind a man and a woman together into the bond of the nikah. As soon as these limits are crossed, the nikah becomes nullified and the renewal of the nikah becomes mandatory. In this case, the Nikah is not actually broken intentionally, but there are different reasons for which a Nikah may break and need to be renewed. How can these reasons be determined? Let us take a look at the reasons that constitute this practice and the method by which we can renew the nikah.
Reasons for Tajdeed e Nikah:
The Nikah can break for several reasons. Some of these reasons are listed below:
- The husband of a Muslim woman who does Kufr, disrespecting Allah SWT, Prophet Muhammad PBUH, or any other Islamic religious obligation, ceases to be a Muslim and is required to do Tauba. As a result, the husband is no longer Muslim and his wife is Muslim, so a Muslim woman cannot get married to a non-Muslim man. Therefore, after the husband has done tauba, the nikah needs to be renewed.
- Likewise, if the husband calls the wife mother, sister, or with another relative-name which serves as ‘na-mahram’ for him, in this sense, the marriage will also be broken and needs to be renewed.
- Couples who become skeptical about their nikah, which means they believe their nikah has been broken for some reason, can renew their nikah using Tajdeed e Nikah.
Method of Tajdeed e Nikah:
Tajdeed e Nikah means performing a new Nikah (marriage) with a new Mahr. No gathering of people is necessary for this. Ijaab (offer) and Qubool (acceptance) are the two components of a marriage contract called Nikah.
- At the time of the Nikah, at least one or two Muslim men and 2 Muslim women must be present as witnesses.
- Nikah sermons (Khutbah) are not mandatory; however, they are recommended (Mutahab).
- In the presence of witnesses, the man performs Ijaab, that is he says to the woman, “I performed Nikah with you in exchange for the (agreed) mahr.” The woman should then reply, “I accept.” Nikah is thus established.
- A woman may also recite the Khutbah or Surah Al-Fatiha and then perform the Ijaab, to which the man will reply, “I agree”, and the Nikah will be established.
- Mahr, or the monetary amount, is considered to be ‘Wajib’ in Tajdeed e Nikah, so one has to renew his nikah with a new mahr. A woman can exempt her husband from mahr if she wishes, but the man should not inquire about whether she is exempting him.