📜 Akad nikah · #50
What is a "nikah gantung", and what are the rights and responsibilities after the contract if the couple do not yet live together?
A nikah gantung is a valid marriage contract where the couple do not yet live together, usually because of studies or waiting for the reception; in the Shariah they are fully husband and wife.
A contract that meets the pillars makes marital relations lawful and establishes the marital relationship. Its effects: the mahr becomes the wife's right; if they divorce before consummation, she is entitled to half the mahr and there is no ʿiddah (al-Baqarah 2:237, al-Ahzab 33:49); inheritance applies if either dies; and maintenance, according to the Shafi'i school, begins when the wife makes herself available, that is, is ready to live together. Things to agree: for how long, who bears the costs, and when the reception and living together will happen. Do not keep the contract secret in a way that invites gossip; register the marriage as usual. See the question on marrying first, celebrating later.
A contract that meets the pillars makes marital relations lawful and establishes the marital relationship. Its effects: the mahr becomes the wife's right; if they divorce before consummation, she is entitled to half the mahr and there is no ʿiddah (al-Baqarah 2:237, al-Ahzab 33:49); inheritance applies if either dies; and maintenance, according to the Shafi'i school, begins when the wife makes herself available, that is, is ready to live together. Things to agree: for how long, who bears the costs, and when the reception and living together will happen. Do not keep the contract secret in a way that invites gossip; register the marriage as usual. See the question on marrying first, celebrating later.
Sources
Surah al-Baqarah 2:237Surah al-Ahzab 33:49Surah an-Nisa' 4:4