Marriage contract in Muslim law differ from contract of sale

The marriage contract in Muslim law (Nikah) shares some superficial similarities with a contract of sale but fundamentally differs in its nature, purpose, and the rights and obligations it creates. Here's a breakdown of the key distinctions:

• • Offer and Acceptance (Ijab and Qabul): Both require a clear offer from one party and acceptance by the other for the contract to be valid. In Nikah, the proposal usually comes from or on behalf of the groom, and the acceptance from the bride or her representative.
• • Competent Parties: Both require the parties entering the contract to be legally competent (e.g., of sound mind and majority, though the age of majority differs). In Nikah, the individuals must also be Muslim (with some exceptions for a Muslim man marrying a Kitabiya - a Jew or Christian woman under Sunni law).
• • Consideration (though different): A contract of sale requires a price (Thaman). In Nikah, the wife is entitled to Dower (Mahr) from the husband. While Mahr is a financial obligation on the husband, it is considered a mark of respect and a condition for the marriage, not strictly a price for the wife's person.