Civil Marriage
IS A CIVIL MARRIAGE REQUIRED BEFORE THE NIKAH?
In the United States, “civil marriage” is required for a marriage license, and this constitutes legal marriage. Therefore, the Jama’at requires that the civil marriage is done prior to the Nikah and the marriage certificate is produced at the time of Nikah. If civil marriage cannot be performed before the Nikah, then written approval from Amir USA is required that the Nikah can be performed without the civil marriage. This approval note should be submitted with the completed Nikah Forms to the National Headquarters.
To become legally married, both the prospective bride and groom must appear in person at the local city or town Marriage License Bureau or office of the County Clerk and apply for a marriage license. Marriage by proxy – through a third party who attends and acts on behalf of the bride or groom – is not allowed in most states. The couple
should plan ahead and submit the application well in advance of the marriage/Nikah date since there may be a waiting period before they can marry.
Premarital Counseling
WHAT IS PREMARITAL COUNSELING AND HOW IS IT CONDUCTED?
Hazrat Khalifatul Masih V (may Allah be his Helper) has made premarital counseling a requisite of the Nikah. (National Shura, Jama’at USA, 2016). Counselors from the Rishta Nata Department discuss various premarital issues with the bride and groom, and their parents, usually via Skype or other video platforms, or in-person where possible. These are done for the bride and groom and their families. The session lasts 1-2 hours. Topics addressed in premarital counseling are intended to highlight ways to handle the relationship according to Islamic teachings, in order to enhance the marriage. Documents are made available to all parties in advance to review carefully, and then these are discussed during the session.
WHAT IF THE BRIDE OR GROOM IS NOT IN THE USA, IS IT STILL REQUIRED?
Any member of the US Jama’at who is getting married must go through counseling with his/her spouse. For overseas, these are typically done via video (Zoom, Skype etc) at a time which works best for all parties (the counselors, bride, groom and parents).
WHO ARE THE PREMARITAL COUNSELORS AND DO THEY HAVE PROFESSIONAL TRAINING?
Most of our counselors are missionaries and we also have husband-wife couples on our team. They are not professional marriage counselors; they go through internal training and have thoroughly learned the material and are experienced in engaging in these discussions. A list of counselors can be found on www.rishtanata.us. You may request a specific counselor although it is subject to his/her availability.
IN WHAT LANGUAGE IS THE COUNSELING DONE?
The counseling session is done in English. We also have counselors fluent in Urdu and Spanish if that is preferred.
HOW AND WHEN SHOULD A PREMARITAL COUNSELING REQUEST BE SUBMITTED?
▪ The Pre-Marital Counseling requests should be submitted at least four weeks before the Nikah date through the Rishta Nata website at www.rishtanata.us under the “Marital Counseling” tab or by sending an email to pmc@Rishtanata.us.
▪ The Premarital Counseling Certificate is issued by the Rishta Nata Department after completion of the counseling session, and sent to the bride and groom. It must be attached to the completed Nikah forms when they are sent to National Headquarters.
Haq Mahr (Dower)
WHAT IS HAQ MAHR?
● Haq Mahr is dower money paid by the groom to the bride to ensure her security and rights in the marriage. It is an integral part of Islamic marriage and announced at the time of Nīkāh. The amount of the Ḥaq Mahr should be agreed upon by both sides. The bridegroom has to pay the Haq Mahr to his wife as soon as possible, preferably immediately after the Rukhsati, and it is her right to receive it. (Fiqah Ahmadiyya, part 2, pg 43)
WHAT ARE THE REQUIREMENTS FOR THE HAQ MAHR?
▪ The amount of dower money (Haq Mahr) must be clearly stated in US dollars. Otherwise, please specify the currency (Pakistani Rupees, Canadian dollars, etc.). The dowry (Mahr) is a mandatory gift from the husband to the wife. (See the Holy Qur’an, 4:25). This sum should be proportionate to the husband’s means.
▪ The dower amount is announced at the time of the Nikah ceremony. It can be given to the wife in full at once, or in incremental payments. Once given, it is solely the property of the wife, and she may use it as she pleases. The amount should be agreeable to both parties. It was suggested by Hazrat Mirza Bashiruddin Mahmood Ahmad, Khalifatul Masih II (may Allah be pleased with him) that the amount of the Haq Mahr should be equivalent to the groom’s income of 6 to 12 months. (See Farmoodat-e-Musleh Maud (ra), Page 207; Al-Fazal, December 12, 1940, Vol: 28, No: 282, Page: 1)
The National Umur e Amma (General Affairs) Department has prepared an information-packed document on Haq Mahr, available from your local President or Umur e Amma Secretary. Additional references include:
1. Tarbiyat Department’s information booklet on marriage
(https://spiritualfit.files.wordpress.com/2020/08/importance-of-the-haq-mehr.pdf) 2. Publication by Lajna Ima’illah, USA: “Garments for Each Other” (https://www.alislam.org/library/books/Garments-for-Each-Other.pdf), and 3. Domestic Issues: Hazrat Khalifatul Masih V (May Allah be his Helper) (https://www.alislam.org/library/books/Domestic-Issues.pdf)
IS JEWELRY GIVEN TO THE BRIDE AT THE TIME OF NIKAH PART OF HAQ MAHR?
Jewelry given at the time of Nīkāh can be considered part of the Haq Mahr and recorded as such on the Nikah form. If a marriage breaks down, these items are part of the Haq Mahr. Once a marriage is established, such jewelry becomes the asset of the wife.
WHAT ABOUT MARRIAGE GIFTS?
Additional jewelry, clothes and other items are given at the time of marriage are gifts and become the property of the one who receives them. If a marriage breaks down, there should be no expectation that gifts be returned. The Holy Prophet (peace and blessings of Allah be on him) has likened taking back a gift to eating one’s own vomit. (See Sahih Muslim 1622 g)
Binding Arbitration Agreement
WHAT IS THE BINDING ARBITRATION AGREEMENT?
This agreement is intended to facilitate the timely and proper resolution of issues related to Haq Mahr. When properly executed, this agreement is enforceable in the court of law in the USA. It should only be used when the parties are expected to reside in the USA. Signed copies of the Binding Arbitration Form along with the completed Nikah form should be kept in a safe place both by the prospective husband and wife.
WHO NEEDS TO COMPLETE THE BINDING ARBITRATION AGREEMENT?
Both the bride and the groom must complete the “Binding Arbitration Agreement” and have this form notarized. A note should be added if one party is outside of the US that the “Binding Arbitration Form” will be completed as soon as both parties are in the US. This note should be signed by the bride and/or groom, whoever is in the US. Make sure that the binding arbitration form is completed as soon as both parties are in the US and submit the completed form to the National Headquarters. Please keep in mind that this is a legal document that needs to be notarized.
The Nikah Forms
IS THE NIKAH FORM A LEGAL DOCUMENT?
Yes, the Nikah form is considered a legal document. For example, if the Nikah is performed in Pakistan, then the Nikah form is the only proof of the marriage. Both parties (the Bride and the Bridegroom), witnesses, and the Jama’at President should read all instructions carefully. Since the Nikah form is a legal document; do not alter it in any way (e.g. white-out or cross-out and writing over existing text).
HOW MANY COPIES OF NIKAH FORMS NEED TO BE SUBMITTED TO THE NATIONAL HEADQUARTERS?
After the Nikah announcement, all four (4) completed originals of the Nikah forms (with signatures) must be submitted to the national headquarters for registration.
CAN THE NIKAH FORM BE SUBMITTED ELECTRONICALLY OR ONLINE?
No, it must be submitted in writing with ink signatures.
WHO SUBMITS THE NIKAH FORM TO NATIONAL HEADQUARTERS?
The Missionary (or the person performing the Nikah) submits all four forms to the National Headquarters (Attn: Office of General Secretary, 15000 Good Hope Road, Silver Spring, MD 20905-4120). The National Headquarters registers the Nikah and sends two copies back to the person who submitted the forms. This person then provides one copy each to the bride and groom for their records. Written acknowledgment should be obtained from both parties that they have received the fully executed forms. The other two forms are kept in the Office of General Secretary.
WHAT IS THE MINIMUM PROCESSING TIME FOR VERIFICATION FROM HEADQUARTERS?
The minimum processing time for headquarters’ verification is seven (7) days from the date of receipt of a completed form. Allow at least another week for mailing. If you plan to bring the form for verification by hand, please call 301-879-0110 and make an appointment before coming to the Baitur Rahman Mosque, Silver Spring, Maryland.
I NEED MY NIKAH FORMS QUICKLY. WHAT SHOULD I DO?
The US Jama’at sends signed forms via USPS first class mail, which can take 5-7 business days to receive the completed Nikah forms within the 50-contiguous states of the USA. If you wish to receive the signed Nikah forms urgently, please include a prepaid FedEx label for overnight delivery when you submit forms for signatures.
WHAT NEEDS TO BE SUBMITTED WITH THE NIKAH FORM?
A completed Nikah form must be submitted with the following documents:
1. Marriage certificate issued by the government authority.
2. Fully executed Binding Arbitration Agreement.
3. In case of prior divorce, a Legal Divorce Decree (or Jama’at Divorce/Khula Certificate)
4. Premarital counseling (PMC) certificate issued by Jama’at USA or other Jama’at
WHAT IS THE PROCESS OF SIGNATURES ON THE NIKAH FORM?
Presidents: Do not sign a Nikah form if the person does not belong to your Jama’at. The Jama’at President is responsible for ensuring that the name, member code (in Section IV – The Bride Section and/or Section VI – The Groom Section), and all other relevant information are accurate before signing a Nikah form. Either party (bride or bridegroom) can initiate the process of Nikah form completion. Four copies of the Nikah forms are to be completed with original signatures.
The bride, bridegroom, and the guardian (Wali) should sign the Nikah form in the presence of witnesses, and the date of the witness signatures must be the same as the date of the signatures of the bride, bridegroom, and the guardian.
The Jama’at President should place the official stamp in addition to his signature. If the stamp is not available, the President should print his full name, phone number, and the name of the Jama’at.
If both the bride and bridegroom reside in the US, and the Nikah is to be performed in the US, then the signature of the National Amir is not required.
NAMES ON THE NIKAH FORM
Names on the Nikah form should match official documents, like a passport or driver’s license.
If the civil marriage ceremony has been held and the bride has changed her last name to match her husband’s name, even then the Nikah documents should use the bride’s maiden name (the name before the civil marriage).
DATE FORMAT FOR NIKAH FORM?
When writing dates on the Nikah form, please spell out the month. For example, instead of writing 2/1/2020, writing February 1, 2020, to avoid confusion.
ARE PHOTOCOPIES OF THE SIGNATURES ACCEPTABLE?
All signatures should be original on all four copies (photocopies of signatures are not acceptable).
HOW MANY WITNESSES ARE NEEDED FOR THE NIKAH FORM?
Two male adults (18 years or older) should be the witnesses. The bride’s guardian (Wali) is NOT permitted to be a witness. The same two individuals can serve as a witness for both the bride and the groom.
WHO CAN SERVE AS THE BRIDE’S GUARDIAN (WALI)?
The bride’s father serves as the guardian. If for any reason, the father cannot serve as the guardian, then one of the bride’s relatives in the following order will have to serve as the guardian (according to Fiqah Ahmadiyya, part 2, pg 41):
1. Bride’s grandfather
2. Bride’s biological brother
3. Bride’s stepbrother
4. Bride’s uncle (the brother of the bride’s father)
Important note: If none of the above guardians are available, a request should be submitted to Hazrat Khalifatul Masih (May Allah be his Helper) to appoint a guardian. No one else has the authority to appoint a guardian for the bride.
▪ A mature woman, who is a divorcé or a widow of sound understanding and intellect, has full authority to agree to her Nikah on her own accord and desire without the guardian being present or approval of a guardian.
▪ For a female convert to Islam-Ahmadiyyat, the guardian can only be appointed by Hazrat Khalifatul-Masih (May Allah be his Helper). This request should be submitted at least 60 days before the Nikah date through the office of the National Amir, USA.
WHO ANNOUNCES THE NIKAH?
▪ A Nikah must be announced by a Missionary (Murabbi e Silsila)
▪ If this is not possible, written permission must be obtained from the National Amir for the local President or another person to announce the Nikah.
ARE THERE ANY SPECIAL REQUIREMENTS IF THE BRIDE OR BRIDEGROOM RESIDE OVERSEAS?
The signature of the National Amir is required if either the bride or the bridegroom reside outside the US, or if the Nikah will be performed overseas. Nikah forms of this type must be sent to the Office of the General Secretary at National Headquarters USA for the signature of the National Ameer Jama’at USA.
It is important that one party should complete their part of the Nikah forms in full before sending it to the other party. This includes all original signatures, dates, attestation by the local President, and verification by National Amir.
ARE THERE ANY SPECIAL REQUIREMENTS IF THE NIKAH IS TO BE PERFORMED IN INDIA?
Yes. US Nikah forms are not valid if the Nikah is to be performed in India. Jama’at Ahmadiyya India requires the following documents in such cases:
1. Nikah forms must be obtained from Qadian, India as they have a unique serial number.
2. In addition to the above-mentioned general instructions, a verification letter from National Amir USA is to be attached to a completed Nikah form. The National Headquarters will issue the said letter within two weeks of receiving a completed Nikah form. It is the responsibility of the concerned party in the US to ensure that the verification letter is kept along with the Nikah forms as the Nikah may not be announced without it.
WHAT IS THE WAITING PERIOD FOR NEW CONVERTS?
● In the case of a male convert to Islam-Ahmadiyyat, a waiting period of one year should be observed before the Nikah can be performed.
● In the case of a female convert to Islam-Ahmadiyyat, there is no waiting period
● In the case of the Nikah of a male Ahmadi Muslim to a non-Muslim female, permission must first be obtained from Hazrat Khalifatul Masih (May Allah be his Helper).
● Nikah/marriage of a female Ahmadi Muslim to a non-Ahmadi Muslim/non-Muslim is not permitted. (See Promised Messiah (as), Al Hakam Volume 12, No. 27, pg. 1-27, Dated April 14th, 1908; Malfuzat vol. 5, pg. 525)
WHAT IF THE BRIDE OR BRIDEGROOM IS A DIVORCE(E)?
▪ In the case of a divorced man or woman, a copy of the divorce decree/certificate must be attached to the Nikah form.
▪ The party (whether groom or bride, if previously divorced) has to either submit the legal Divorce Decree or Jama’at Divorce/ Khula Certificate.
▪ If the divorce included a decision by the Qadha Board, verification by the Department of Umur’ Amma regarding the implementation of the decision is required before the Nikah can be announced.
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