akad

Akad is a term rooted in Islamic jurisprudence that generally denotes a formal contract or binding agreement. It comes from the Arabic word aqd (عقد) meaning to bind or fasten. In Malay and Indonesian usage, akad is most commonly associated with the marriage contract, often rendered as akad nikah, which formally establishes a marital relationship under religious law.

In Islamic law, the akad must meet certain elements to be valid. A clear offer (ijab) and acceptance (qabul) are voiced by the contracting parties or their representatives. Consent is essential, and the contract typically includes the designation of a dowry (mahr). Many traditions also recognize the role of a guardian (wali) for the bride, though the necessity and scope of wali vary by school of jurisprudence and local practice. The presence of witnesses is commonly required to testify to the agreement.

In practice, the akad nikah in Indonesia and Malaysia refers to the formal religious act that creates the marriage. It is usually conducted by an authorized officiant, such as an imam. In many jurisdictions, civil registration or secular marriage validation follows the akad in order for the union to be legally recognized by the state, conferring civil rights and obligations beyond the religious contract.

Beyond marriage, akad is a general term for contracts in Islamic law, encompassing various kinds of binding agreements, including commercial transactions, with the core idea being legitimate, voluntary agreement between parties and a binding commitment.