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Home › Marriage Services › Document Guides › Muslim Nikah

Muslim Nikah in India — what makes it valid, and how to do it right

Ayesha and Imran, both working in Noida, want a small Nikah. Her family is in Moradabad and supportive but cannot travel; his parents live in Old Delhi. They have questions everyone in their position has. Does it have to be in a mosque? Who must be present? Does her father have to give consent? How much mehr is “right”? What paper will they get, and will the passport office accept it? A Nikah is simple in its essentials — an offer, an acceptance, consent and witnesses — but the details decide whether it is valid, whether it can be proved, and whether it protects both of them later. This guide explains the law and the practice of a Muslim Nikah in India, step by step.

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What is a Muslim Nikah, and what makes it valid in India?A Muslim Nikah is a marriage under Muslim personal law, which applies to Muslims in India through the Muslim Personal Law (Shariat) Application Act, 1937, and which Indian courts have described since the nineteenth century as a civil contract. It is valid when a proposal (ijab) by one party and acceptance (qubool) by the other are made at the same meeting; both parties are of sound mind and of legal age — at least 18 for the bride and 21 for the groom under the Prohibition of Child Marriage Act, 2006; both consent freely, including the bride; for Sunni couples two adult Muslim male witnesses, or one man and two women, are present; and there is no legal bar such as a prohibited relationship, a woman still in iddat, or a man who already has four wives. Mehr (dower) is due to the bride as a consequence of the marriage and should be fixed as prompt and deferred. A Qazi usually conducts the ceremony and completes the Nikahnama, though his presence is not a legal requirement, and the place — mosque, home or office — does not affect validity. The Nikah is valid without registration, but registering it with the government registrar, compulsory in Delhi under the 2014 Order, gives the certificate needed for passports, visas and official purposes.

A Nikah is a contract

In Islamic law, marriage is a solemn relationship with religious meaning, but its legal form is a contract. As early as 1886, in Abdul Kadir v. Salima, Justice Mahmood of the Allahabad High Court described Muslim marriage as a civil contract, and Indian courts have followed that view since. The consequence is practical: the questions a court asks about a Nikah are the questions it would ask about any contract — were the parties competent, did they genuinely agree, were the formalities met, and was there anything unlawful about it.

The Muslim Personal Law (Shariat) Application Act, 1937 directs that, in questions of marriage, dissolution of marriage, dower, maintenance and related matters, the rule of decision where the parties are Muslims is Muslim personal law. So there is no single Indian statute that sets out how a Nikah is performed; the rules come from the schools of Muslim law as understood and applied by Indian courts, overlaid by general statutes such as the Prohibition of Child Marriage Act, the Dissolution of Muslim Marriages Act, 1939 and the Muslim Women (Protection of Rights on Marriage) Act, 2019.

Seeing the Nikah as a contract also explains why conditions can be added to it, why mehr is enforceable as a debt, and why consent is at its centre. It does not make it any less sacred to the couple; it simply tells them what the law will look at if the marriage is ever questioned.

The essentials of a valid Nikah

The conditions can be stated shortly:

Mehr is not strictly a condition of validity — a Nikah in which mehr is not mentioned is still valid, and the wife is then entitled to a “proper” mehr fixed by custom — but it is an obligation that arises from every Nikah and should always be fixed and written.

Age and the Prohibition of Child Marriage Act

Classical Muslim law treated a person who had attained puberty as competent to marry, and some older Indian decisions applied that rule. That is no longer a safe basis for any marriage. The Prohibition of Child Marriage Act, 2006 defines a child as a woman under 18 and a man under 21, makes child marriages voidable at the option of the child party, and punishes those who perform, conduct or promote them. Courts have differed over how the Act interacts with personal law, and the question has been before the Supreme Court, but the direction of the law is clear, and the criminal provisions apply regardless.

Our rule is therefore simple: we arrange a Nikah only where the bride is at least 18 and the groom at least 21, verified from a birth certificate, school certificate or passport. Where the documents disagree, we ask for the most reliable one and do not proceed on a guess. Qazis who solemnise under-age marriages expose themselves to prosecution, and so do families.

The Dissolution of Muslim Marriages Act, 1939 also preserves a woman’s “option of puberty” — if she was given in marriage by a guardian before she was fifteen, she may repudiate the marriage before she turns eighteen, provided it was not consummated. The fact that this remedy exists is a reminder of why marriages of minors cause so much harm.

Under Hanafi law, which most Sunni Muslims in India follow, an adult woman of sound mind may contract her own marriage; the consent of a guardian (wali) is not required for validity, though it is customary and respected. Other schools give the wali a larger role. In practice, at most Indian Nikahs the bride’s consent is conveyed by a wakil (agent), usually her father, brother or another close relative, who goes to her with two witnesses, asks whether she accepts the groom for the stated mehr, hears her answer, and then conveys it at the ceremony.

What the law cares about is that the consent is hers and free. A wakil who reports consent the bride never gave has not made her married. Silence of a previously unmarried woman has traditionally been read as consent in some schools, but in any case of doubt a clear answer should be heard. For couples marrying against family opposition, the wakil can be any trusted adult Muslim the bride appoints.

The groom usually speaks for himself. Either party may appoint a wakil to contract on their behalf, for example where one is abroad, but the appointment must be genuine and specific, and the Nikahnama should record it.

Witnesses

For Sunni (Hanafi) Nikahs, the offer and acceptance must be made in the presence of two witnesses: two adult Muslim men of sound mind, or one man and two women. They must hear and understand the ijab and qubool. Shia (Ithna Ashari) law does not make witnesses a condition of validity, though Shia Nikahs in India almost always have them because they help prove the marriage.

Witnesses do more than satisfy the rule. They sign the Nikahnama, may be asked to appear at registration, and may one day be asked in court whether the Nikah took place. Choose adults who are likely to remain reachable, carry their identity documents, and write their names and addresses fully in the Nikahnama. If a couple does not have suitable witnesses, the organiser can arrange them, but witnesses should always be real people who were present.

Mehr

Mehr, or dower, is the sum of money or property the husband becomes obliged to give the wife as a consequence of the marriage. It is her property alone. It can be: Our mehr and Nikah conditions guide explains mehr, its split and delegated divorce in depth.

Unpaid mehr is a debt. The wife can recover it, and after the husband’s death it is paid from his estate before the heirs take their shares. A widow who is in lawful possession of her husband’s property in lieu of unpaid mehr has traditionally been allowed to retain it until the mehr is paid.

Indian law sets no maximum. A very high mehr that the husband cannot pay helps no one, and a token amount may leave the wife unprotected. The best practice is to fix an amount the groom can genuinely afford, decide how much is prompt and whether it is paid at the Nikah, and write it clearly. Couples who want detailed terms can use a separate mehr and Nikah conditions agreement.

Mehr is not dowry

Mehr flows from the husband to the wife and belongs to her. Dowry — money, goods or property demanded from the bride’s family as a condition of the marriage — is something else entirely, and the Dowry Prohibition Act, 1961 applies to Muslims as it does to everyone. Giving, taking or demanding dowry is an offence, and harassment for dowry and dowry deaths are serious crimes under the Bharatiya Nyaya Sanhita, explained in our guide on dowry death. Voluntary gifts to the couple are not dowry, but families should keep a simple list of what was given, by whom, which helps if questions arise later.

Conditions in the Nikahnama

Because a Nikah is a contract, the parties may agree lawful conditions at the time of the Nikah or afterwards. Common examples are that the wife will live in a separate home and not with the husband’s extended family; that she may continue her studies or work; that the husband will pay a stated monthly amount for her personal expenses; and that if the husband marries another woman, or fails to maintain her for a stated period, the wife may divorce herself under a delegated right of divorce (talaq-e-tafweez). Conditions contrary to Muslim law or public policy — for example, that the husband will never maintain the wife — are not enforceable. Write conditions in full, in plain language, and have all parties sign.

Who cannot marry whom

Muslim law prohibits marriage within certain relationships permanently, and others temporarily.

Swipe to see the full table
Kind of barExamplesEffect
Consanguinity (blood)Mother, daughter, sister, aunt, niece, and the corresponding menVoid
Affinity (marriage)Wife’s mother, stepdaughter (after consummation with her mother), son’s wife, father’s wifeVoid
Fosterage (nursing)A foster mother and those related through the same nursingVoid, subject to recognised exceptions
Unlawful conjunctionTwo sisters, or aunt and niece, as wives at the same timeIrregular under Sunni law
Fifth wifeA man who already has four wivesIrregular under Sunni law
Woman in iddatAfter divorce or the husband’s deathIrregular under Sunni law
Difference of religionSee the section on inter-faith couplesVaries

Cousin marriages are permitted under Muslim law. A woman cannot have more than one husband at a time; a Nikah by a married woman is void.

Iddat and remarriage

Iddat is the waiting period a woman observes after her marriage ends, before she may remarry. After a divorce in a consummated marriage it is commonly three menstrual cycles; after the husband’s death, four months and ten days; if she is pregnant, until delivery. Where the marriage was not consummated, there is no iddat after divorce.

For a Nikah with a divorced or widowed woman, the organiser should see the talaqnama, khulanama, court decree or death certificate and be satisfied that iddat has ended. A divorce by instant triple talaq does not end the marriage at all under the 2019 Act, so a woman in that position is still married and cannot have a new Nikah until the earlier marriage is lawfully dissolved.

Valid, irregular and void marriages

Sunni law recognises three categories. A valid (sahih) marriage meets every condition. A void (batil) marriage is no marriage at all — for example, with a prohibited relative — and creates no rights. An irregular (fasid) marriage has a temporary or curable defect, such as the absence of witnesses, marriage during iddat, a fifth wife or an unlawful conjunction; it can be terminated by either party, and if consummated gives the wife mehr and makes children legitimate, but does not create mutual inheritance.

Shia law does not recognise the irregular category in the same way: a marriage is either valid or void. These distinctions matter mainly when a marriage is challenged, and they are a good reason to get the formalities right at the start.

Sunni and Shia practice

Most Muslims in India are Sunni, largely Hanafi, and a substantial minority are Shia, mainly Ithna Ashari, with communities such as the Dawoodi Bohras following their own traditions. The differences that matter for a Nikah include the witness requirement, the role of the wali, the formulas of offer and acceptance, and the treatment of irregular marriages.

Shia law also recognises muta, a temporary marriage for a fixed period with a fixed dower. Sunni law does not recognise it. Indian courts have accepted muta among Shias for limited purposes, but it raises difficult questions about maintenance and inheritance, and it is not something we arrange. Couples should use the Qazi of their own school, because the Nikahnama and the manner of the ceremony will be read by their community institutions later.

When one partner is not Muslim

Under Muslim law, a Muslim woman cannot contract a valid Nikah with a non-Muslim man. A Muslim man’s marriage with a kitabia — a Christian or Jewish woman — is recognised by Sunni law, while a marriage with a woman of other faiths is treated as irregular or void depending on the school. Conversion undertaken only to make a marriage possible is looked at closely: the Supreme Court in Sarla Mudgal (1995) and Lily Thomas (2000) refused to let conversion be used to escape the obligations of an existing marriage.

Several States — including Uttar Pradesh, Uttarakhand, Madhya Pradesh, Gujarat, Himachal Pradesh and others — have laws requiring a prior declaration to the District Magistrate before a conversion, with penalties for conversion by force, fraud or for marriage. The Supreme Court in Shafin Jahan v. Asokan K.M. (2018), the Hadiya case, affirmed an adult woman’s right to choose her faith and her husband, but that right is exercised within these laws. We do not arrange conversions for marriage.

For inter-faith couples who want to marry without either of them changing religion, the Special Marriage Act, 1954 is the lawful route. It involves a thirty-day notice and a civil ceremony before a Marriage Officer, as explained in our Special Marriage Act guide and court marriage guide.

The ceremony, step by step

Practice varies between families and regions, but a typical Nikah follows this order:

  1. Before the gathering — the Qazi checks the documents and the details for the Nikahnama: names, parentage, addresses, mehr and witnesses.
  2. The bride’s consent — the wakil and two witnesses go to the bride, state the groom’s name and the mehr, and ask whether she accepts. She answers, often three times by custom.
  3. Khutba — the Qazi recites the Nikah sermon, with verses and advice on marriage.
  4. Ijab and qubool — the Qazi, on the bride’s behalf through her wakil, makes the offer to the groom with the mehr stated; the groom accepts clearly, again often three times, in the hearing of the witnesses.
  5. Signatures — the groom, the bride (or her wakil, with her own signature where possible), the witnesses and the Qazi sign the Nikahnama.
  6. Dua and congratulations — prayers are said, and dates or sweets are shared by custom.

The legal core is the fourth step. Everything else supports it and gives it dignity.

Walima, rukhsati and other customs

Many families treat the rukhsati — the bride’s formal departure to the marital home — and the walima feast hosted by the groom’s side as the real “wedding”. They are valued customs, and the walima is a recommended practice, but neither is a legal step. The marriage is complete the moment the offer and acceptance are exchanged before witnesses. Couples sometimes hold the Nikah months before the rukhsati, often while one of them finishes studies or a visa comes through; in law they are already husband and wife during that gap.

That gap matters in practice. If the marriage breaks down before rukhsati, a talaq or khula is still needed, and the wife’s right to mehr is decided by whether the marriage was consummated or a valid retirement (khilwat-e-sahiha) took place — ordinarily half the specified mehr if neither happened. Families should therefore not treat an early Nikah as an engagement that can simply be called off. Other customs, such as haldi, mehndi or the exchange of gifts, are social and have no bearing on validity, and gifts given to the bride remain her property.

The Nikahnama

The Nikahnama is the written record of the contract. It usually contains the names, parentage, ages and addresses of the bride and groom; the date and place of the Nikah; the names of the wakil and witnesses; the amount of mehr, divided into prompt and deferred, and whether any prompt mehr was paid; any conditions agreed; and the signatures of all concerned, with the Qazi’s seal. Many Qazis use printed booklets; model Nikahnamas have also been published by community bodies.

The Nikahnama is the most important document the couple will have. Names should match their Aadhaar and passports exactly. The mehr should be written in figures and words. Conditions should be written in full, not summarised. Keep the original safely, make several photocopies and a scan, and keep a translation if it is in Urdu. A lost or unclear Nikahnama can be supported later by a marriage deed and affidavits, but it is better not to need them.

The Qazi’s role

A Qazi is a person learned in Muslim law who conducts Nikahs and keeps records. The Kazis Act, 1880 allows State governments to appoint Qazis for local areas, but it expressly does not make their presence necessary for a Nikah, and it does not stop others from performing Nikahs. In most places, Qazis are attached to mosques, community institutions or boards, and keep a register of the Nikahs they perform.

The Qazi’s practical value is great. He knows the procedure, confirms consent, completes the Nikahnama properly, keeps a record that can be traced later, and often issues a Nikah certificate. Choose a Qazi of the couple’s school, and one who will be traceable in future. Our Nikah at home with Qazi service arranges this for families who want the ceremony at their own place.

Nikah through a wakil, or by video

When one party cannot be present — a groom working in the Gulf, for example — Muslim law allows the Nikah to be contracted through an agent. The absent party appoints a wakil by a written authority naming the other party, the mehr and any conditions; the wakil then makes or accepts the offer at the ceremony before witnesses. The authority should be signed, witnessed and, for use abroad or in registration, notarised or attested.

Nikahs performed over video calls have become more common, and some scholars accept them, but the position is not settled, and registrars, courts and foreign authorities may question a marriage where the parties and witnesses were never in one place. The safer course is an agency appointed in writing, with the Nikah performed in person with the wakil, followed by registration when the absent spouse returns.

Planning the Nikah: a simple timeline

Mosque, home or office

Nothing in Muslim law requires a Nikah to take place in a mosque. Many are performed at home, in a banquet hall at the wedding function, in a Qazi’s office, or at a smaller gathering in an office when families are far away. Mosques often have their own practice — a preferred Qazi, a booking, residence proof of one family — and some mosque communities are reluctant to conduct Nikahs for couples marrying without family involvement, which is their choice. Our Nikah at home guide is a practical checklist for families hosting the ceremony.

What matters wherever the Nikah takes place is that the bride’s consent is genuinely obtained, the witnesses are present at the offer and acceptance, and the Nikahnama is completed before everyone leaves. A quiet office Nikah done correctly is on firmer ground than a grand function where the Nikahnama was left for “later”.

What a Nikah usually costs

A Nikah is not expensive in itself. The main costs are the Qazi’s fee, which varies by city and institution; any mosque or hall charges; stamp paper and notary charges if affidavits are made; the government registration fee; and, for couples who want help, the service fee of whoever arranges it. Mehr is not a cost of the ceremony but an obligation to the wife, and the walima and other functions are separate family choices. Our fee for arranging the Nikah is published on this page and on the order page, and the total for any extra packages is confirmed before we start.

Documents to keep ready

Swipe to see the full table
DocumentWhy it is needed
Photo ID of bride and groom (Aadhaar, passport, voter ID)Identity and correct spelling of names
Age proof (birth or school certificate, passport)Bride 18+, groom 21+
Address proof of bothNikahnama details and later registration
Passport-size photographs and a joint photographNikah certificate and registration
Witnesses’ photo IDTo record them correctly and for registration
Divorce decree, talaqnama, khulanama or death certificateIf either was married before
Foreign partner’s passport, visa and single-status documentIf one partner is an NRI or foreign national

Where a couple wants sworn statements of age, marital status and consent, especially if the marriage may be questioned, our Muslim marriage affidavit service prepares them.

Persons with disabilities, and reverts

A person with a disability who is of sound mind can contract a Nikah like anyone else. Where a party is deaf or cannot speak, consent may be given in sign language or writing, and an interpreter should be present and named in the Nikahnama. The question is always whether the person understands and freely accepts the marriage; any doubt about mental capacity should be resolved before, not after, the ceremony.

A person who has embraced Islam of their own conviction is a Muslim for the purposes of a Nikah, and many Qazis ask for a certificate from an institution recording the acceptance of Islam. But where the conversion appears to have been made only to enable the marriage, courts may later examine it, and the State anti-conversion laws described above may require a prior declaration. We do not arrange conversions; couples of different faiths who want to remain so should use the Special Marriage Act.

Marrying without family support

Adults have the right to marry a person of their choice. The Supreme Court said so in Lata Singh v. State of U.P. (2006), condemned violence against couples in Shakti Vahini v. Union of India (2018), and in Shafin Jahan (2018) described the choice of a partner as part of an adult’s liberty. For a Muslim woman, the Hanafi rule that an adult woman may contract her own marriage supports this. Our Nikah with court affidavit guide explains the affidavits such couples usually need.

Couples in this situation should be especially careful with the formalities: two genuine witnesses, a Qazi who records the Nikah, a complete Nikahnama, affidavits of age and free consent, and early registration. If there are threats, the police must protect the couple, and a High Court can direct protection. Our Nikahnama with court affidavit package is built for this, and our police protection for couples service prepares the documents for the next step. Court proceedings themselves are for your advocate, whose fee is engaged and paid by you directly; you can use our find an advocate page.

What a bride should check before signing

The Nikahnama is the bride’s protection, and she should read it before signing. She should check that her name, her father’s name and her date of birth match her documents; that the mehr is the amount agreed, with the prompt and deferred portions stated; that any prompt mehr paid at the Nikah is recorded as paid; that the conditions agreed are written in full; and that the groom’s marital status is stated truthfully. If anything is wrong, it is far easier to correct before the Qazi leaves than months later.

She should also receive her own copy of the signed Nikahnama, not rely on the husband’s family to keep it. If she later needs to claim mehr or maintenance, or prove her marriage, her own copy may be decisive.

If relatives say the Nikah was not valid

Disputes about validity usually come from families who opposed the marriage, or from a spouse after the marriage breaks down. The questions are factual: were both adults, did the bride consent, were the witnesses present, was there a legal bar? The answer lies in the Nikahnama, the witnesses, the Qazi’s register, the affidavits and the registration record. Muslim law also presumes a marriage from prolonged cohabitation as husband and wife with acknowledgement.

Where relatives file complaints alleging abduction or lack of consent, the police usually record the woman’s statement; an adult who says she married of her own will cannot lawfully be taken away. If a court case follows, the couple’s documents are evidence, and the case itself is for their advocate.

Nikahs performed in another State

A Nikah valid where it was performed is valid throughout India; there is no need to “redo” it when a couple moves. What differs from State to State is registration. Some States have compulsory registration rules that cover all marriages, a few have laws specific to Muslim marriages, and in others the Qazi’s register is the main record. When a couple married in one State lives in another, the usual course is to register where either spouse resides, carrying the original Nikahnama, the Qazi’s certificate and the witnesses’ details.

Where the Nikahnama is written in Urdu, officers in some States ask for a certified translation. Keep a clean photocopy and a translated copy together, because the same set is usually needed for a passport, a bank nomination or a spouse visa.

A second marriage

Muslim personal law permits a man to have up to four wives, on the condition that he treats them equally. Indian law surrounds that permission with real limits. Government servants are generally required by their conduct rules to obtain permission before contracting another marriage while a spouse is living. A wife may seek dissolution under the Dissolution of Muslim Marriages Act, 1939 if her husband, having more than one wife, does not treat her equitably. In Uttarakhand, the Uniform Civil Code, 2024 prohibits a marriage while a spouse is living. And a man who conceals an existing marriage to obtain a Nikah commits fraud against the second wife.

We therefore ask every groom about his marital status and require documents where he has been married before. Where a first wife is living, we explain the position candidly and will not arrange a Nikah that hides it. A woman should also know the facts before she agrees; a condition in the Nikahnama giving her a delegated right of divorce if her husband marries again is one protection available.

Registering the Nikah

A Nikah is valid without registration, but proof and protection depend on it. In Seema v. Ashwani Kumar (2006), the Supreme Court directed that marriages of all communities be compulsorily registered, particularly to protect women. Delhi implemented this through the Delhi (Compulsory Registration of Marriage) Order, 2014, under which marriages solemnised in Delhi are registered by the registrar of the area on an online application with the Nikahnama, identity, age and address proofs, affidavits, photographs and witnesses. Our Muslim marriage registration guide explains the documents, affidavits and common pitfalls step by step.

Other States follow their own laws: some have general compulsory-registration statutes; West Bengal and nearby States have long used the Bengal Muhammadan Marriages and Divorces Registration Act, 1876; Assam has its own recent law; and Uttarakhand registers all marriages under its Uniform Civil Code. The certificate issued on registration is what passport offices, embassies and banks ask for. Our Muslim marriage registration service handles the Delhi process.

Nikahnama, certificate and registration compared

Swipe to see the full table
DocumentIssued byWhat it provesTypical use
NikahnamaSigned by parties, witnesses, QaziThe contract itselfPrimary evidence; basis for everything else
Nikah certificateQazi or institutionThat the Nikah took placeEmployers, landlords, community bodies
Marriage registration certificateGovernment registrarOfficial record of the marriagePassport, visa, OCI, banks, insurance, schemes
AffidavitsSworn by each spouseAge, status, consent on oathRegistration, passport, protection

Couples who want the Nikah and the Qazi’s certificate together can choose our Nikah with certificate package. Our Nikah certificate guide explains what the certificate must contain and where it is accepted.

Rights and duties after the Nikah

A valid Nikah gives the wife the right to her mehr, to maintenance, to live separately from the husband’s relatives in suitable accommodation in many circumstances, and to inherit from him; the husband and wife inherit from each other in shares fixed by Muslim law. Children of the marriage are legitimate. The husband is bound to maintain the wife and children. Each spouse is expected to treat the other with kindness and fairness, which the law expresses through grounds for divorce when those duties are breached.

Muslim law does not automatically give a wife ownership of the husband’s property or joint ownership of the marital home. Where the couple wants particular arrangements — a house in the wife’s name, a right to continue working or studying — they can be recorded as conditions in the Nikahnama or through separate documents.

How spouses inherit from each other

Under Muslim law, spouses are heirs of each other in fixed shares. Under Sunni law, a husband takes one-half of his wife’s estate if she leaves no child, and one-quarter if she does; a wife takes one-quarter of her husband’s estate if he leaves no child, and one-eighth if he does, with several widows sharing that fraction equally. Shia law follows similar fractions with differences in detail, including limits on a widow’s share in land. Unpaid mehr is a debt paid before these shares are distributed.

A Muslim may leave by will only up to one-third of the estate, after debts and funeral expenses, to persons who are not heirs, unless the heirs consent to more. Couples who want to provide for each other beyond the fixed shares — for example, by putting a home in the wife’s name during their lifetime — should take advice while both are alive.

Children, custody and guardianship

Children of a valid Nikah are legitimate, and so are children of an irregular marriage that was consummated. Under Muslim law the father is the natural guardian of a child’s person and property, while the mother has the right of custody (hizanat) of young children — traditionally a son until seven and a daughter until puberty under Hanafi law. Indian courts, however, decide custody disputes under the Guardians and Wards Act, 1890 by the welfare of the child as the paramount consideration, and do not apply fixed ages mechanically. A child’s maintenance is the father’s obligation.

Maintenance

A husband must maintain his wife under personal law, and a wife unable to maintain herself may also claim maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced Section 125 of the Code of Criminal Procedure. The Supreme Court’s decision in Mohd. Ahmed Khan v. Shah Bano Begum (1985), the Muslim Women (Protection of Rights on Divorce) Act, 1986, the interpretation in Danial Latifi (2001) requiring a reasonable and fair provision for a divorced wife, and the 2024 ruling in Mohd. Abdul Samad v. State of Telangana that a divorced Muslim woman may also seek maintenance under the general provision together form the present law. Our maintenance guide explains how such claims work.

How a Nikah ends

A Nikah may end by death or by divorce. Divorce by the husband is talaq, which must follow the forms recognised by law; instant triple talaq was held invalid in Shayara Bano v. Union of India (2017) and is void and punishable under the 2019 Act. A wife may seek khula, a divorce at her instance, usually by returning or giving up mehr; the spouses may agree to a mutual release, mubarat; a delegated divorce, talaq-e-tafweez, may be exercised by the wife under the terms of the delegation; and a wife may obtain a decree from a court on the grounds in the Dissolution of Muslim Marriages Act, 1939, such as desertion, failure to maintain, cruelty or inequitable treatment.

These are serious legal steps with consequences for mehr, maintenance and children. Our guide on talaq and divorce documents sets out the documentation side; contested matters are for your advocate.

NRI and foreign partners

Where one partner lives abroad or is a foreign national, the Nikah itself follows the same rules, but the documents need planning: passport names on the Nikahnama, a single-status or no-impediment certificate from the foreign partner’s embassy or authority, a valid Indian visa, government registration after the Nikah, and apostille or embassy legalisation for use abroad. A foreign spouse of an Indian citizen may later apply for an OCI card once the marriage has been registered and has lasted at least two years. Our NRI and foreigner Muslim Nikah service and apostille guide cover these steps. Our NRI and foreigner Nikah guide explains the documents, wakil Nikahs, registration and attestation in detail.

Live-in instead of Nikah?

Some couples consider living together before marrying. Indian law does not criminalise adult live-in relationships, and a relationship in the nature of marriage can attract protection under the Domestic Violence Act, but Muslim personal law does not treat cohabitation as marriage, and a live-in partner has no right to mehr, inheritance or a wife’s maintenance under personal law. Courts have also been reluctant to protect live-in relationships where one partner is already married. For couples who intend to stay together, a Nikah gives far stronger rights. Where a couple nonetheless wants its arrangement recorded, our Muslim live-in documentation explains honestly what is possible. Our Muslim live-in guide covers what documents exist and what they cannot do.

An example: a small Nikah in Old Delhi

Returning to Ayesha and Imran: they choose a Nikah at his parents’ home in Old Delhi on a Sunday afternoon. Before the day, their documents are checked — her school certificate shows she is 26, his passport shows 29, neither has been married before. They agree mehr of a stated amount, half prompt, paid at the Nikah in the form of a gold set, and half deferred, and they add a condition giving Ayesha a delegated right of divorce if Imran marries again without her consent. Her uncle, who lives in Delhi, acts as her wakil; two family friends are witnesses.

The Qazi, a Hanafi scholar from a local institution, confirms Ayesha’s consent in the presence of the wakil and witnesses, recites the khutba, conducts the ijab-o-qubool, and completes the Nikahnama with names exactly as in their passports. Everyone signs. A week later, they apply for registration under the Delhi Order with the Nikahnama, affidavits and the same witnesses, and receive a certificate they use to update their passports.

An example: a couple marrying without their families

Sana, 23, from Lucknow, and Arif, 25, from Delhi, both Sunni, want to marry; Sana’s family objects. She comes to Delhi, where Arif lives. Before the Nikah, both swear affidavits of age, marital status and free consent. Sana appoints a woman colleague’s husband, a practising Muslim, as her wakil; two adult Muslim men who know the couple act as witnesses. The Qazi meets Sana privately with the wakil and witnesses to confirm her consent before the ceremony.

The Nikahnama records modest mehr, paid in part at once. The couple applies for registration the following week. When Sana’s family files a complaint with the police alleging she was taken away, the couple produce the Nikahnama, affidavits and registration receipt at the police station, and Sana states that she married of her own choice. Their advocate files a protection petition as a precaution; the documents make the facts plain.

After the Nikah: a short checklist

Common mistakes

Our fee and what you get

Our Muslim Nikah service costs ₹5,000 and usually takes Same day – 1 day once documents are ready. We arrange Nikahs in Delhi NCR for Sunni and Shia couples.

Swipe to see the full table
IncludedWhy it helps
Check of age, identity and marital-status documentsNo legal bar discovered later
Qazi of your school, date and venue fixedA Nikah your community recognises
Guidance on mehr and conditionsTerms recorded clearly
Witnesses arranged if neededThe Sunni requirement met
Nikahnama completed and signed correctlyStrong evidence of the marriage
Advice on certificate and registrationThe next step planned

The Nikah certificate, affidavits, marriage deed and government registration are separate packages listed below. Any court proceedings are for your advocate, whose fee is engaged and paid by you directly; we do not quote, collect or share it.

FAQ

Muslim Nikah — questions people ask

What is a Muslim Nikah in law?
A Nikah is a marriage under Muslim personal law, which Indian courts have long described as a civil contract. It is formed by a proposal and acceptance at the same meeting between a man and a woman who are legally competent and consenting, in the presence of the required witnesses, with mehr due to the bride. It is applied to Muslims in India through the Muslim Personal Law (Shariat) Application Act, 1937.
What are the essential conditions of a valid Nikah?
Offer (ijab) and acceptance (qubool) at one meeting; both parties of sound mind and of legal age; the free consent of both, including the bride; for Sunni couples, two adult Muslim male witnesses or one man and two women; and no legal bar such as a prohibited relationship, a subsisting iddat or a fifth marriage. Mehr is an obligation arising from the marriage and should be fixed.
What is the minimum age for a Nikah in India?
The Prohibition of Child Marriage Act, 2006 sets 18 for women and 21 for men. Older decisions allowed marriage under personal law on attaining puberty, but child marriage is prohibited and punishable under the 2006 Act, and courts have increasingly treated it as overriding. We arrange Nikah only where the bride is 18 or older and the groom 21 or older.
Is a wali or guardian necessary for the bride?
Under Hanafi law, followed by most Sunni Muslims in India, an adult woman of sound mind may contract her own marriage without a wali. In many families a wali or wakil conveys her consent at the ceremony as a matter of custom, but it must be her genuine consent.
How many witnesses are required for a Nikah?
For Sunni couples, two adult Muslim men, or one man and two women, of sound mind, present when the offer and acceptance are made. Shia law does not require witnesses for validity, though they are almost always used.
Is a Qazi necessary for a Nikah?
Not in law. Any Muslim who knows the procedure may conduct it; what matters is offer, acceptance, consent, witnesses and capacity. In practice a Qazi conducts it and completes the Nikahnama, which helps greatly with proof and registration.
What is mehr and how much should it be?
Mehr is the sum or property the husband must give the wife as a result of the marriage. It may be prompt, payable on demand, or deferred, payable on divorce or death. Indian law sets no maximum. Families should fix an amount the husband can genuinely pay and record the split in the Nikahnama.
Can a Nikah take place at home?
Yes. A Nikah can take place in a mosque, a home, an office or a hall. The place does not affect validity.
Can a Muslim woman marry a non-Muslim man by Nikah?
Under Muslim law, no. A Muslim man’s marriage with a non-Muslim is recognised only in limited cases. Inter-faith couples who wish to marry without conversion can marry under the Special Marriage Act, 1954.
Is a Nikah valid without registration?
Yes, a properly performed Nikah is valid. But many States, including Delhi, require marriages to be registered, and a government certificate is needed for passports, visas and many official purposes. Registration is strongly advised.
What is a Nikahnama?
The written record of the Nikah contract, signed by the bride and groom or their wakils, the witnesses and the Qazi, recording names, date, place, mehr and any conditions. It is the primary evidence of the marriage.
Can a divorced woman remarry immediately?
She must first complete iddat, the waiting period after divorce or the husband’s death. A Nikah during iddat is irregular under Sunni law and should not be performed.
Is triple talaq still valid?
No. Instant triple talaq was held invalid by the Supreme Court in Shayara Bano v. Union of India (2017), and the Muslim Women (Protection of Rights on Marriage) Act, 2019 declares it void and makes it a punishable offence. A woman divorced only by instant triple talaq remains married in law.
Can a Muslim man marry a second time?
Muslim personal law permits a man up to four wives on conditions of equal treatment, but Indian law adds limits: government servants usually need permission under conduct rules, the first wife may seek divorce for inequitable treatment, and Uttarakhand’s Uniform Civil Code prohibits a second marriage while a spouse is living. We require full disclosure and do not arrange a Nikah that conceals an existing marriage.
Is a Muslim wife entitled to maintenance?
Yes. The husband must maintain his wife under personal law, and a wife can also claim maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Supreme Court held in 2024 that a divorced Muslim woman may also seek maintenance under that general provision.
Can couples marry by Nikah without their families?
Yes, if both are adults acting freely. The Supreme Court has recognised the right of adults to marry a person of their choice. Couples in this situation should keep a careful record of the Nikah and, if threatened, seek police protection.
How long does it take to arrange a Nikah?
Usually a day or two once documents are checked and a Qazi is available. The ceremony itself takes thirty to forty-five minutes.
Is a Nikah over video call valid?
The position is not settled. Some scholars accept it, but registrars and foreign authorities may question it. The safer course is for the absent party to appoint a wakil in writing and for the Nikah to be performed in person.
Is mehr the same as dowry?
No. Mehr is paid by the husband to the wife and belongs to her. Dowry demanded from the bride’s family is prohibited by the Dowry Prohibition Act, 1961, which applies to Muslims too.
Does a Muslim wife have to change her surname after Nikah?
No. Many Muslim women keep their own names. If a woman wishes to change her surname, she can do so through the usual affidavit and gazette process and update her documents.
How much does a wife inherit from her husband under Muslim law?
Under Sunni law, one-quarter of his estate if he leaves no child, and one-eighth if he does, shared equally among widows. Unpaid mehr is paid first as a debt.
Who gets custody of children if the marriage ends?
Muslim law gives the mother custody of young children and the father guardianship, but courts decide disputes by the welfare of the child under the Guardians and Wards Act, 1890.
Can a deaf or mute person contract a Nikah?
Yes, if of sound mind. Consent may be given in sign language or writing, with an interpreter present and recorded in the Nikahnama.
Is a certificate of accepting Islam needed for a Nikah?
Qazis often ask for one where a party is a revert. Conversion must be genuine, and several States require a prior declaration to the District Magistrate. We do not arrange conversions.
If the Nikah is done but rukhsati has not happened, are we married?
Yes. The marriage is complete at the offer and acceptance before witnesses. Rukhsati and walima are customs, so ending the marriage before rukhsati still needs a talaq or khula, and the mehr question is decided by the law on unconsummated marriages.
We had our Nikah in another State. Do we need a fresh Nikah where we now live?
No. A Nikah valid where it was performed is valid across India. You may register it where either of you now lives, using the original Nikahnama, the Qazi’s certificate and, if it is in Urdu, a certified translation.
What does your Muslim Nikah service cost?
Our Muslim Nikah service costs ₹5,000 and usually takes Same day – 1 day. It covers checking both partners’ documents, arranging a Qazi of your school, guidance on mehr, witnesses if needed, and a correctly completed Nikahnama. The Nikah certificate, affidavits and government registration are separate packages, and we tell you the total before we start. Any court case is for your advocate, whose fee is engaged and paid by you directly.
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A simple Nikah, done correctly.

Age, consent, witnesses, mehr and a proper Nikahnama — get the essentials right on the day, and register it soon after. Tell us your date and place, and we will arrange the Qazi and check everything in advance.

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