The Five Elements
1. Offer and Acceptance (ijab and qabul): The groom or his representative offers; the bride or her wali accepts. Both must be in the same gathering (majlis) and the acceptance must directly correspond to the offer. The formula varies by school; all agree that the substance must be clear.
2. The Wali (Guardian): The bride’s male guardian — father, grandfather, brother, uncle in sequence — acts as her legal representative. His role is to verify that the marriage is in her interest and conducted with her consent. The Quran (2:232) implies the wali’s role; hadith makes it explicit: “No marriage without a wali.” His role is facilitative, not coercive: the bride’s consent is required separately.
3. Witnesses: Two male witnesses of sound mind and practicing Islam, or their scholarly-approved equivalent. Their presence ensures the marriage is public, not clandestine.
4. The Mahr (Dower): A mandatory gift from the groom to the bride — specified or to be determined. It becomes her exclusive property; she may give it as a gift but cannot be pressured to waive it. Its amount is flexible. The Quran (4:4): “Give the women [upon marriage] their mahr as a gift.”
5. Bride’s Consent: The Shafi’i and Maliki schools require explicit verbal consent; the Hanafi school accepts silence as consent for a virgin. The Prophet said: “A previously married woman may not be given in marriage without her permission, and a virgin may not be given in marriage without her permission — and her permission is her silence.”
The Bohra Tradition
In Dawoodi Bohra practice, the nikah is solemnized before the Dai al-Mutlaq’s representative (amil) or an authorized raza holder. The ceremony includes Quranic recitation, the khutba-tul-nikah (a specific sermon), confirmation of both parties’ consent, and the mahr specification. The walima (wedding feast) follows, fulfilling the sunnah of public announcement of the marriage.
See also: Talaq, Al Nisa Surah, Fiqh Al Mawarith, Al Maidah Surah, Quran Sciences, Tafsir Overview