FRIDAY SESSION WITH FIAZ: Understanding “Thaan” in the Light of the Qur’an, Sunnah, and Local Customs
Fiaz Fazili
Every believer has a duty to seek knowledge. The Qur’an repeatedly invites us to reflect, ask, and understand rather than follow practices blindly.
In a clarification of intent, I write these reflections not to criticise, create differences, or question anyone’s sincerity, but as a sincere student of Islam seeking clarity on an issue that has puzzled me for many years. This is not a fatwa, a scholarly ruling, or a challenge to the Qur’an, the Sunnah, or the consensus of recognised scholars. My purpose is simply to encourage informed understanding through respectful questions, for sincere inquiry is often the beginning of deeper knowledge.
The Prophet ﷺ said: “Whoever treads a path in search of knowledge, Allah makes easy for him a path to Paradise.” (Sahih Muslim) He also taught: “Actions are judged by intentions.” (Innamal a’malu binniyat). It is in that spirit that these reflections are offered. If I have misunderstood any matter, I welcome correction based on authentic Islamic sources. May Allah accept this humble effort and increase us all in beneficial knowledge.
Nikah in Islam is first and foremost a sacred religious covenant. While families celebrate it with joy, its essence is not social display but a solemn contract governed by rights, responsibilities, and mutual consent. Among the various rituals associated with the Nikah ceremony, there is a need for greater awareness about its proper observance and the respect it deserves.
For many years, one question has accompanied me whenever I attended a Nikah ceremony. Amidst the celebrations, announcements are often made regarding Haq Mahr (dower), various terms and conditions, and something commonly referred to in our society as “Thaan” (تھان)—sometimes in cash, sometimes in kind, and often recorded in the Nikahnama and announced during the ceremony.
What exactly is this “Thaan”? This is my dilemma or inquiry today—not an imposition of any view. I am in quest of clarity, if any confusion exists. Is it a Shariah requirement? Is it equivalent to a Qur’anic concept? Is it merely a local custom? Does it carry legal implications? These questions remained unanswered for me for years.
During one Nikah ceremony, after the formal proceedings had concluded, I quietly approached the respected Molvi Sahib. Without disturbing the sanctity of the gathering or initiating any public debate, I politely asked him what exactly “Thaan” meant in Islamic law and whether it had a direct basis in the Qur’an. He smiled graciously, suggested that we discuss it later at the Walimah, and the conversation ended there. That meeting never occurred. I did not pursue the matter further at that time, believing that a Nikah gathering is not the place for theological debate.The question never faded, however, remained with me.
A Journey Through the Sources
As has often been my habit in professional life and social interactions, I began reading. I reviewed the commentary and translations of the Qur’an, classical tafsir, and works from sources such as Uloom al-Qur’an, Usool al-Tafsir, Fiqh-us-Sunnah, Usul al-Fiqh, and Asbab al-Nuzul (reason and occasions of revelation). I also benefited from discussions with friends and colleagues from Arab countries who had a better understanding of contemporary scholarly writings.
My intention was not to issue rulings but simply to understand. One important lesson became clear: reading the Qur’an, hadith, and Fiqh is not merely about reading translations. Understanding its legal guidance often requires thorough knowledge, formal study, proficiency in Arabic, awareness of the context of revelation, familiarity with Prophetic traditions, principles of jurisprudence, and the interpretations of recognized scholars. A verse cannot always be understood in isolation.
While studying and reviewing these verses of Surah Al-Baqarah (verses 236–241), I encountered the Qur’anic concept of Mut’ah (المتعة). Please note that this term should not be confused with “mut’ah” as used in some contexts to refer to temporary marriage. The Qur’anic usage here is different, and the two should not be conflated.Allah says:”Provide for them with a gift according to what is acceptable—a duty upon the doers of good.” (2:236) And again:”For divorced women is a provision according to what is acceptable—a duty upon the righteous.” (2:241)
From my reading of classical commentators, and interactions with scholars for inputs I gathered that these verses were revealed primarily concerning certain situations of divorce, especially where marriage ended before consummation and, in some cases, before the mahr had been fixed. The Qur’an instructed husbands to provide a gracious gift according to their means. Here an important distinction must be made, what I understood: Haq Mahr is the obligatory right of the bride. It forms part of every valid Islamic marriage. Whether large or small, immediate or deferred, it belongs exclusively to the bride. Mut’ah (often referred to locally as “Thaan” or gift) is a separate Qur’anic concept. In its primary legal context, it refers to a compassionate gift associated with divorce in specific circumstances. Some scholars also encourage voluntary gifts at marriage as an act of generosity and goodwill, for all times. Despite my reading, could not identify a clear explanation accessible to a lay reader.
What I could not find, however, was any Qur’anic injunction requiring such a voluntary gift to be publicly announced during the Nikah ceremony or necessarily incorporated into the marriage contract. Nor did I find any fixed amount or limit, nor clear guidance on whether Mut’ah/Thaan can exceed Haq Mahr. The Qur’an simply states that it should be according to one’s financial capacity and in a manner recognized as fair and honourable.
This naturally raised another question: What is the intent behind keeping these separate, and what are the terms and conditions prescribed for Mut’ah (Thaan)? Is the “Thaan” announced during many of our Nikah ceremonies actually intended to represent this voluntary gift mentioned in Surah Al-Baqarah? Or has it evolved as a regional custom that differs from the Qur’anic concept of Mut’ah? If it is customary rather than obligatory, should families understand it as such? If it carries contractual implications, should these be explained clearly before the ceremony begins?These are sincere questions—not conclusions.
Towards Clarity and Understanding
Faith I follow, Islam greatly values clarity in agreements and contracts. The Qur’an itself encourages documentation in financial dealings to prevent future disputes. Likewise, a Nikahnama today serves important legal, travel, and social purposes alongside its religious significance by recording the agreed mahr, conditions mutually accepted by the spouses, and other relevant details. Such documentation protects both parties and minimizes misunderstandings.The guidance comes from the Qur’an, and the Prophet saw practiced and encouraged it. The longest verse in the Qur’an is Surah Al-Baqarah (2:282), known as Āyat al-Dayn (The Verse of Debt). Allah says that whenever you enter into a deferred financial transaction or agreements, you should write it down, have it recorded accurately by a scribe, and not hesitate to have it witnessed, whether the amount is small or large. This is a Qur’anic command intended to prevent disputes and protect rights.However, clarity requires that everyone understands what is being documented. Are the legal consequences of “Thaan” identical to those of Mahr? Can it be waived? Is it recoverable in case of dispute? Is it obligatory or voluntary? Is it enforceable under Islamic jurisprudence or merely a cultural expectation? These are matters deserving explanation before signatures are placed on a legal document.
Another point that deserves reflection is the simplicity of the Prophetic saw model. The validity of Nikah does not depend upon elaborate ceremonies. The essential requirements are proposal and acceptance, consent, witnesses, and the bride’s right to Haq Mahr, along with other conditions recognized by the respective schools of jurisprudence. The Nikah Khutbah is a beautiful Sunnah but is not itself a condition for the validity of marriage. Perhaps our greater emphasis should remain on ensuring that both the bride and groom understand every clause of their marriage contract before the ceremony begins, so as to avoid potential disagreements and preserve the sanctity of this respected gathering. Informed consent is not merely a legal principle; it is an ethical one. This is what I have advised friends who are planning to marry.
Respected Ulama, Muftis, Islamic scholars, and community leaders perform an invaluable service to society. They carry the responsibility of preserving both knowledge and unity. It may therefore be beneficial if they could periodically explain, in simple language, the distinction between Qur’anic obligations, Prophetic Sunnah, juristic rulings, and local customs. Such clarification would not weaken tradition; rather, it would strengthen public confidence by removing confusion.
My limited understanding suggests that Islam has never discouraged questions asked with sincerity and respect. The Companions frequently sought clarification from the Prophet ﷺ. Their questions became a source of guidance for generations to come. Perhaps we, too, can cultivate a culture of continuous learning—in our daily lives and in our mu’amalat (dealings)—with humility and decency.
Not every custom is necessarily wrong, nor is every inherited practice automatically a religious obligation. Some traditions beautifully complement our faith; others may simply be cultural expressions that deserve to be identified as such. Distinguishing between the two enriches our understanding without diminishing either.
As a prospective parent or Wali, my only concern is that before agreeing to or signing any provision in a Nikahnama, we should understand whether it is rooted in the Qur’an, the Sunnah, established juristic interpretation, or local custom. Clarity strengthens faith, protects rights, and promotes informed understanding. An Appeal for wider Education and awareness. I conclude not with an opinion but with an appeal. Let us discuss these matters calmly, with sincere intent to learn, academically and respectfully. Let us encourage our institutions, Darul Iftas, and scholars to educate the community about: The legal status of Mahr; The Qur’anic concept of Mut’ah;· The purpose of the Nikah and Nikahnama; The place—if any—of customs such as “Thaan” within Islamic jurisprudence.
Knowledge should unite, not divide. After all, if we do not ask because we do not know, how shall we ever learn? Finally, in the spirit of striving to learn with humility, I respectfully request our esteemed Grand Mufti of Jammu & Kashmir, Brother Mufti Nasir-ul-Islam, and other respected Ulama to kindly throw more light on this subject for the benefit of the community, remove any confusion, and help us improve our understanding not only of what we do during Nikah, but also why we do it. Conclude with humility, not certainty. These reflections are offered in the spirit of learning, not pronouncement. If any part of my understanding is incomplete, I welcome correction from our respected Ulama based on the Qur’an, authentic Sunnah, and recognised scholarship.
Rabbi zidnee ilma* “My Lord, increase me in knowledge.” Insha’Allah. Allah Tawfiq. Aameen.
(The author is a researcher and student of Islamic studies, holding a Post Graduate Diploma in Islamic Studies.)
