What are the literal and terminological meanings of Nikah?
Literal meaning of Nikah:
The literal meaning of Nikah is gathering and “zam” means to meet, to join, and it is also applied to Wati (sexual Intercourse).
Imam Nawawi writes:
ھُوَ فِی اللُّغَۃِ الضَّمُّ وَیُطلَقُ عَلَی العَقدِ وَعَلَی الوَطءِِ۔
In the dictionary, Nikah is called joining, and it is also said in the meaning of contract and Wati with wife.
(Sharh Al-Nawawi Ala Muslim: 171/9)
Definition of Nikah:
In Shari’ah, nikkah is the name of the contract and agreement that is declared between a man and a woman, which establishes the conjugal relationship between them.
It is in Bada’i al-Sana’i.
“وَمِنْہَا مِلْکُ الْمُتْعَۃِ، وَہُوَ اخْتِصَاصُ الزَّوْجِ بِمَنَافِعِ بُضْعِہَا وَسَاءِرِ أَعْضَاءِہَا اسْتِمْتَاعًا أَوْ مِلْکُ الذَّاتِ وَالنَّفْسِ فِی حَقِّ التَّمَتُّعِ”
Among them is the property of pleasure, which is the husband’s specialization in the benefits of her conjugal and all the organs of hers, or the possession of the self and the soul in the right to enjoyment.
(Badi’ Al-Sana’i: 2/132)
Then, since Nikah is the name of merging and mixing in the dictionary and this meaning is practically present in the first and foremost word, therefore, Nikah has been transferred to the meaning of Wati (sexual intercourse) and the Nikah contract is the cause of giving power over sexual intercourse, therefore, legally, marriage is also used in the meaning of contract.
Allah Ta’ala has given the status of marriage to worship. Fulfilling the responsibilities of Nikah is better than engaging in Nafli worship, because Nikah is the foundation of humanity, it is the source of human procreation, it is not a personal bond between two people or just a personal and physical desire. Rather, this process is the main pillar of the existence of human society, its formation, its survival and its development. This is the reason why Nikah has continued continuously in all heavenly religions and laws from the creation of Adam (peace be upon him) to the Muhammadan Shariat. There is no such thing that has been devoid of this act of Nikah, even though there have been changes and changes in certain acts of worship in some shariats, but excluding the change of terms and conditions, the existence of self-marriage and Nikah has existed in every religion. It has never been given that sexual relations between a man and a woman can be established without Nikah or contract.
(Tozihat Sharah of Mishkat Sharif, vol. 5, p. 30)
