When does Nikah become necessary?
Marriage is an important part of many cultures around the world, and in Islam, it holds a significant place. The Islamic marriage ceremony, known as Nikah, is a sacred bond that brings two individuals together in the eyes of Allah. While the concept of marriage in Islam is encouraged and recommended, it is important to understand when Nikah becomes necessary.
In the Hanafi school, Nikah becomes Fardh when, in case of not marrying, there is a certainty of falling into adultery due to sexual excitement and the husband is capable of paying the dowry. This is the meaning of the phrase of the jurists that in the time of “Al-Tawqan” is Fardh meaning that Nikah becomes Fardh in the presence of two powers. Yes, if there is a fear of oppressing the wife in this case, then it is not obligatory.
Nikah becomes Wajib (obligatory) when sexual excitement prevails, but there is no certainty of falling into adultery, there is only a risk, and the man is capable of the right to dowry (Mahr), bread and maintenance (alimony, spousal support) and there is no danger of cruelty to his wife.
In both of the above cases, when there is moderation, then Nikah Sunnah becomes confirmed (Sunnah Muakkadah). Moderation means that sexual excitement is not dominant and the man is capable of the right to provide financial maintenance, spousal support, and alimony.
In normal times, Nikah is Mubah (permissible) even among the Hanafi scholars, as it is absolutely permissible among the Shuafi’s, in this case, the Holy Sharia has given great encouragement to Nikah and marriage, calling it half faith and saying that it is the guarantor of a righteous future.
Nikah becomes Makruh (abominable) when there is a fear of oppressing the wife, when the mood is so severe that if the marriage is performed, there is a risk of oppression.
Nikah becomes haram when it is certain to oppress the wife due to ill-temper after marriage. In the light of the above situations, every person can decide under which circumstances marriage is Fardh and under which circumstances it is wajib or sunnah or mustahab and under which circumstances it becomes necessary not to marry.
(Tozihat Sharah-e-Mishkat Sharif, Volume: 5, Page: 32)
