Is marriage a contract?

[parissenoor]

Re: Is marriage a contract?

@KARAKUSH

Ibn Abbas (may Allah be pleased with him) stated that a small girl came to the Prophet (peace and blessings be upon him) and told him that her father had forced her to marry against her will. The Prophet gave her the right to choose either to stay married or to annul the marriage contract. (Reported by Imam Ahmad)

but it exists so…
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essential to enter a contract:**
correct me if i am wrong ,took law course an yr ago

1]both parties must be sane and of sound mind
2]both aware of wat is taking place
3]presence of witnesses
4]shud be in ink
5]shud b endorsed

then its a contract. which of the essentials** is not followed wen nikah takes place.?

**

you forget that any contract must have an **object:Dit means a reason, something that is obliging both parties, **for example you purchase an apple, it is a contract btw the vendor that is obliged to give you the apple, and you have to pay him 5 rupees:blush:…if the vendor do not give you the apple, you are not obliged to pay 5 rupees, and if you do not give 5 rupees, the vendor is not obliged to give you the apple…neither of you have to fill divorce, if one of you do not fulfill the contract…cause the contract gets nill as soon as one of you did not meet the requirement…moreover, if one of you has already done his requirement and the other fails to do so, then the former is entitled to be paid damages…
now tell me what is the object of the marriage?

and written is NOT a condition to have a contract..in my apple sale example the contract is not written, and there is no need for witness either