Discover the meaning of the term Al-nkaḥ (نكاح) in Islamic vocabulary.
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Updated on 11 April 2026 at 1:05 AM
📖 4 min readLinguistically: joining and gathering. In the Law: a contract for the transfer of ownership of the use (manfa'a) of the private part with intent; the latter restriction excludes sale and the like, since the aim there is ownership of the person, ownership of use being included in it obligatorily.
Linguistically: gathering and joining. In the Law: a contract for ownership of use with intent. It is sunna in a state of temperate desire, obligatory when desire prevails and loss is feared, disliked if harm is feared; it is nearer to say it has a fourth state: forbidden and barred when he has no capacity for intercourse. Nikah may also be applied to intercourse, by applying the thing to its utmost end and purpose, as in the hadith of the Messenger of Allah (peace and blessings be upon him): "Do everything, except the nikah", that is, kiss and touch your wives during menstruation, except approach below the waist-wrap.
Linguistically: joining and gathering; one says "the trees intertwined (nakahat al-ashjar)" when some wrap around others. Linguistically it is applied to the contract and to intercourse, said al-Zajjaj. Al-Azhari said: nikah among the Arabs' speech originally means intercourse; marriage was called nikah because it causes intercourse. Al-Farisi said: the Arabs distinguished the two by a subtle distinction: if they say "he married so-and-so, or so-and-so's daughter, or his sister", they intend concluding the contract over her; and if they say "he had commerce with his wife or his woman", they intend nothing but intercourse. Al-Jawhari said: nikah is intercourse, and may be the contract. Al-Raghib said: nikah originally means the contract, then was borrowed for intercourse. Technically: the scholars differed over its reality, upon aspects related by qadi Husayn: first, that it is literal for intercourse and figurative for the contract; second, that it is literal for the contract and figurative for intercourse, which is correct in the view of the author of the Kifaya and other Shafi'is; qadi Abu al-Tayyib authenticated it with extensive argument, the mutawalli decided by it, and by it came the great Quran and the Sunna; third, that it is literal for both by sharing, mentioned in the Kifaya.
Transferring ownership of the private part; it is effected by offer and acceptance, with a guardian and two upright witnesses.
The insertion of the male member into the female member so that the two become as one thing. Al-Raghib said (al-Mufradat, p. 505): nikah originally means the contract, then was borrowed for intercourse; it is impossible that it originally meant intercourse and was then borrowed for the contract, for all the names of intercourse are allusions whose mention modesty made repugnant, like the very act itself, and it is impossible that they would use what disgusts them for what they approve.
﴿وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا عَرَّضْتُم بِهِۦ مِنْ خِطْبَةِ ٱلنِّسَآءِ أَوْ أَكْنَنتُمْ فِىٓ أَنفُسِكُمْ ۚ عَلِمَ ٱللَّهُ أَنَّكُمْ سَتَذْكُرُونَهُنَّ وَلَـٰكِن لَّا تُوَاعِدُوهُنَّ سِرًّا إِلَّآ أَن تَقُولُوا۟ قَوْلًۭا مَّعْرُوفًۭا ۚ وَلَا تَعْزِمُوا۟ عُقْدَةَ ٱلنِّكَاحِ حَتَّىٰ يَبْلُغَ ٱلْكِتَـٰبُ أَجَلَهُۥ ۚ وَٱعْلَمُوٓا۟ أَنَّ ٱللَّهَ يَعْلَمُ مَا فِىٓ أَنفُسِكُمْ فَٱحْذَرُوهُ ۚ وَٱعْلَمُوٓا۟ أَنَّ ٱللَّهَ غَفُورٌ حَلِيمٌۭ﴾
« There is no blame upon you for that to which you [indirectly] allude concerning a proposal to women or for what you conceal within yourselves. Allah knows that you will have them in mind. But do not promise them secretly except for saying a proper saying. And do not determine to undertake a marriage contract until the decreed period reaches its end. And know that Allah knows what is within yourselves, so beware of Him. And know that Allah is Forgiving and Forbearing. »
Surah البقرة : 235
﴿وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةًۭ فَنِصْفُ مَا فَرَضْتُمْ إِلَّآ أَن يَعْفُونَ أَوْ يَعْفُوَا۟ ٱلَّذِى بِيَدِهِۦ عُقْدَةُ ٱلنِّكَاحِ ۚ وَأَن تَعْفُوٓا۟ أَقْرَبُ لِلتَّقْوَىٰ ۚ وَلَا تَنسَوُا۟ ٱلْفَضْلَ بَيْنَكُمْ ۚ إِنَّ ٱللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ﴾
« And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified - unless they forego the right or the one in whose hand is the marriage contract foregoes it. And to forego it is nearer to righteousness. And do not forget graciousness between you. Indeed Allah, of whatever you do, is Seeing. »
Surah البقرة : 237
﴿وَٱبْتَلُوا۟ ٱلْيَتَـٰمَىٰ حَتَّىٰٓ إِذَا بَلَغُوا۟ ٱلنِّكَاحَ فَإِنْ ءَانَسْتُم مِّنْهُمْ رُشْدًۭا فَٱدْفَعُوٓا۟ إِلَيْهِمْ أَمْوَٰلَهُمْ ۖ وَلَا تَأْكُلُوهَآ إِسْرَافًۭا وَبِدَارًا أَن يَكْبَرُوا۟ ۚ وَمَن كَانَ غَنِيًّۭا فَلْيَسْتَعْفِفْ ۖ وَمَن كَانَ فَقِيرًۭا فَلْيَأْكُلْ بِٱلْمَعْرُوفِ ۚ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَٰلَهُمْ فَأَشْهِدُوا۟ عَلَيْهِمْ ۚ وَكَفَىٰ بِٱللَّهِ حَسِيبًۭا﴾
« And test the orphans [in their abilities] until they reach marriageable age. Then if you perceive in them sound judgement, release their property to them. And do not consume it excessively and quickly, [anticipating] that they will grow up. And whoever, [when acting as guardian], is self-sufficient should refrain [from taking a fee]; and whoever is poor - let him take according to what is acceptable. Then when you release their property to them, bring witnesses upon them. And sufficient is Allah as Accountant. »
Surah النساء : 6
﴿وَلْيَسْتَعْفِفِ ٱلَّذِينَ لَا يَجِدُونَ نِكَاحًا حَتَّىٰ يُغْنِيَهُمُ ٱللَّهُ مِن فَضْلِهِۦ ۗ وَٱلَّذِينَ يَبْتَغُونَ ٱلْكِتَـٰبَ مِمَّا مَلَكَتْ أَيْمَـٰنُكُمْ فَكَاتِبُوهُمْ إِنْ عَلِمْتُمْ فِيهِمْ خَيْرًۭا ۖ وَءَاتُوهُم مِّن مَّالِ ٱللَّهِ ٱلَّذِىٓ ءَاتَىٰكُمْ ۚ وَلَا تُكْرِهُوا۟ فَتَيَـٰتِكُمْ عَلَى ٱلْبِغَآءِ إِنْ أَرَدْنَ تَحَصُّنًۭا لِّتَبْتَغُوا۟ عَرَضَ ٱلْحَيَوٰةِ ٱلدُّنْيَا ۚ وَمَن يُكْرِههُّنَّ فَإِنَّ ٱللَّهَ مِنۢ بَعْدِ إِكْرَٰهِهِنَّ غَفُورٌۭ رَّحِيمٌۭ﴾
« But let them who find not [the means for] marriage abstain [from sexual relations] until Allah enriches them from His bounty. And those who seek a contract [for eventual emancipation] from among whom your right hands possess - then make a contract with them if you know there is within them goodness and give them from the wealth of Allah which He has given you. And do not compel your slave girls to prostitution, if they desire chastity, to seek [thereby] the temporary interests of worldly life. And if someone should compel them, then indeed, Allah is [to them], after their compulsion, Forgiving and Merciful. »
Surah النور : 33
﴿وَٱلْقَوَٰعِدُ مِنَ ٱلنِّسَآءِ ٱلَّـٰتِى لَا يَرْجُونَ نِكَاحًۭا فَلَيْسَ عَلَيْهِنَّ جُنَاحٌ أَن يَضَعْنَ ثِيَابَهُنَّ غَيْرَ مُتَبَرِّجَـٰتٍۭ بِزِينَةٍۢ ۖ وَأَن يَسْتَعْفِفْنَ خَيْرٌۭ لَّهُنَّ ۗ وَٱللَّهُ سَمِيعٌ عَلِيمٌۭ﴾
« And women of post-menstrual age who have no desire for marriage - there is no blame upon them for putting aside their outer garments [but] not displaying adornment. But to modestly refrain [from that] is better for them. And Allah is Hearing and Knowing. »
Surah النور : 60