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Difference between the definition of nikah and aqd/aqad

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  • Difference between the definition of nikah and aqd/aqad

    :salams:

    I apologize if the mention of nikah is upsetting some for it not being in the marriage section, but firstly want to confirm this is not about marriage rather the definition of some words.

    So when i hear of marriage contract... the common used word i hear from people around me is aqd/aqad... i can't translate it properly in english so i hope it is understandable.

    However, the word nikah is used on this forum... and i assume it means something around getting married.

    Can someone please clarify to me the definitions of both and the differences of them... if there are any.

    Jzk.
    Bye...

  • #2
    Re: Difference between the definition of nikah and aqd/aqad

    The word Nikah means marriage speaking linguistically


    The meaning of Nikah is taken to mean Aqd by some Juristist in terms of jurisprudence which means contract.


    Some Jurists have taken it to mean Wat' juristicaly and this means sexual intercourse.


    Depending on which meaning you take in jurisprudence the outcome of certain rulings differs.
    Watch those eyes

    Comment


    • #3
      Re: Difference between the definition of nikah and aqd/aqad

      'Aqad also means knot? I wonder if this is where the English phrase 'tying the knot' (meaning marriage) comes from.

      Comment


      • #4
        Re: Difference between the definition of nikah and aqd/aqad

        Originally posted by مسلمة View Post
        'Aqad also means knot? I wonder if this is where the English phrase 'tying the knot' (meaning marriage) comes from.
        Ooooh k... i think there is a tying the knot phrase in english.

        So aqd means the same as nikah... just different words.

        So is nikah the correct term?
        Bye...

        Comment


        • #5
          Re: Difference between the definition of nikah and aqd/aqad

          Originally posted by ZeeshanParvez View Post
          The word Nikah means marriage speaking linguistically


          The meaning of Nikah is taken to mean Aqd by some Juristist in terms of jurisprudence which means contract.


          Some Jurists have taken it to mean Wat' juristicaly and this means sexual intercourse.


          Depending on which meaning you take in jurisprudence the outcome of certain rulings differs.
          Jzk

          So nikah can also mean sexual intercourse?... does it mean lawful sexual intercourse since it is relating to marriage... or it just means sexual intercourse... because then it could be said that some engage in haram nikah... and that makes no sense lol.
          Bye...

          Comment


          • #6
            Re: Difference between the definition of nikah and aqd/aqad

            Building on what I said earlier here is some more information. The Hanafis sad Nikah actually means Wat' and metaphorically speaking means Aqd.

            The second view is that it is actually Wat' and metaphorically Aqd.

            A third opinion us that it means both Aqd and Wati in reality.

            So what us the point of this?

            Well consider this case. If a person commits Zina with a women, the ruling to as to if his son can marry the daughter of the woman with whom the man fornicated.

            According to the Hanafis who consider Nikah to mean Wati', sexual intercourse, the would not be allowed to.

            However, the majority who say Nikag means Aqd, contract, the son would be able to since there was no contract that took place between the man and women who fornicated.

            Another example is if a person promised not to marry. Would his oath break if he had sexual intercourse. According to the Hanafis it would because according to them Nikah means sexual intercourse but the oath would not break according to the majority since they consider it to mean contract and none took place.
            Last edited by ZeeshanParvez; 11-01-14, 02:12 AM.
            Watch those eyes

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            • #7
              Re: Difference between the definition of nikah and aqd/aqad

              Did that clarify things a bit?
              Watch those eyes

              Comment


              • #8
                Re: Difference between the definition of nikah and aqd/aqad

                Originally posted by ZeeshanParvez View Post
                Building on what I said earlier here is some more information. The Hanafis sad Nikah actually means Wat' and metaphorically speaking means Aqd.

                The second view is that it is actually Wat' and metaphorically Aqd.

                A third opinion us that it means both Aqd and Wati in reality.

                So what us the point of this?

                Well consider this case. If a person commits Zina with a women, the ruling to as to if his son can marry the daughter of the woman with whom the man fornicated.

                According to the Hanafis who consider Nikah to mean Wati', sexual intercourse, the would not be allowed to.

                However, the majority who say Nikag means Aqd, contract, the son would be able to since there was no contract that took place between the man and women who fornicated.

                Another example is if a person promised not to marry. Would his oath break if he had sexual intercourse. According to the Hanafis it would because according to them Nikah means sexual intercourse but the oath would not break according to the majority since they consider it to mean contract and none took place.
                Hm i see.

                The second example made me understand it way better.

                Jzk. That really made me understand.

                So if i am right, nikah is seen as sexual intercourse in relation to marriage, and aqd means the contract in relation to marriage. So... the correct term will be aqd, if someone asks for instance "when is so and so my husband/wife" the correct term should be aqd... when there is marraige contract...

                But i am confused now, wouldn't nikah be inappropiste to use... because you shouldn't really be talking about intimate things...
                When can the word niqah be used...

                Can you give me an example were niqah and aqd is used, and when can it be used.
                Bye...

                Comment


                • #9
                  Re: Difference between the definition of nikah and aqd/aqad

                  Originally posted by ZeeshanParvez View Post
                  Did that clarify things a bit?
                  I apologize, i am trying to understand... but i understand aqd but nikah is what i am still confused over.

                  What does it actually mean? If it does mean sexual intercourse... then isn't it inappropiate to say to someone "we have done our nikah"... i really did not know this topic will lead to this talk of...
                  Bye...

                  Comment


                  • #10
                    Re: Difference between the definition of nikah and aqd/aqad

                    Well as for the usage of the word Nikah in the Quran to mean marriage contract, the Jurists say it has been used in the following Quranic Verse.


                    "The fornicator does not marry except a [female] fornicator or polytheist, and none marries her except a fornicator or a polytheist, and that has been made unlawful to the believers."[24:2]

                    And as for its use to mean sexual intercourse it has been used in the following Verse

                    "And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allah . These are the limits of Allah , which He makes clear to a people who know." [2:230]

                    The reason the Jurists say that the word Nikah means sexual intercourse in this Verse is because simply having a marriage contract with another spouse is not enough for one to return to the previous husband instead it us necessary to have sexual intercourse based in the following authentic Hadith.

                    Narrated `Aisha:

                    Rifa`a Al-Qurazi married a lady and then divorced her whereupon she married another man. She came to the Prophet (PBUHﷺ) and said that her new husband did not approach her, and that he was completely impotent. The Prophet (ﷺPBUH) said (to her), "No (you cannot remarry your first husband) till you taste the second husband and he tastes you (i.e. till he consummates his marriage with you).[Sahih Bukhari]

                    Based on this Hadith it is evident that a woman must have sexual intercourse before divorce hence the word Nikah in the Verse mentioned before cannot simply mean Aqd because if it did then the woman in the Hadith would have been allowed to divorce without sexual intercourse since the contract of marriage had already been made.

                    This us its usage in both ways in the Quran.

                    If your question is when we can use the word due to the intimacy involved in the word, then as far as I see you can use it whenever you want without fear since verb form which this word us derived has been used in the Quran and through the Hadith and no one has forbidden us from using it!
                    Watch those eyes

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                    • #11
                      Re: Difference between the definition of nikah and aqd/aqad

                      I don't think you need to worry. Even when you tell someone you are married in English the hint that you will have sex is always there. And according to the dictionary meaning Nikah means marriage simply and this is the widespread meaning.

                      Only according to Jurists does it have the meaning of contract and sexual intercourse. That isn't the popular meaning but rather a meaning specific to a field of study.

                      So chill!
                      Watch those eyes

                      Comment


                      • #12
                        Re: Difference between the definition of nikah and aqd/aqad

                        Originally posted by ZeeshanParvez View Post
                        I don't think you need to worry. Even when you tell someone you are married in English the hint that you will have sex is always there. And according to the dictionary meaning Nikah means marriage simply and this is the widespread meaning.

                        Only according to Jurists does it have the meaning of contract and sexual intercourse. That isn't the popular meaning but rather a meaning specific to a field of study.

                        So chill!
                        Yh i think i understand... abit complex but i think i got it.

                        I will just chill!!!... but jzk you helped me understand alot. May Allah reward you for your efforts.
                        Bye...

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