The Book of Marriage

The author’s statement: “Marriage.” Linguistically, nikāḥ has two meanings:

First: the marriage contract.

Second: sexual intercourse.

Its primary meaning is the first—that is, the contract. Thus, Allah the Exalted says:

“Do not marry women whom your fathers married.” [al-Nisāʾ 4:22]

That is, do not enter into marriage contracts with them. As for His saying:

“Until she marries another husband.” [al-Baqarah 2:230]

some scholars said that nikāḥ here means sexual intercourse, and that what diverted it from its primary meaning was the sunnah. Others said that what diverted it from its primary meaning was the word “husband,” for a man can only be a husband by virtue of a marriage contract. It therefore necessarily follows that nikāḥ in His saying, “Until she marries another husband,” means intercourse. This means that the state of being spouses precedes nikāḥ, and such a prior marital relationship is only possible if nikāḥ means intercourse.

Thus, if it is said, “He married so-and-so’s daughter,” what is meant is that he entered into a marriage contract with her. But if it is said, “He had intercourse with his wife,” what is meant is that he had sexual relations with her.

It is therefore a term shared between these two meanings according to what it is attached to: if it is attached to a woman who is not lawfully related to him, it means the contract; and if it is attached to a woman lawful for him, it means sexual intercourse.

In Islamic law, however, it means entering into a contract with a woman for the purpose of enjoying marital relations with her, having children, and attaining the other benefits of marriage.