What Is Valid Marriage in Muslim Law

Islamic marriages require the acceptance of the groom, the bride,[22][23] and the consent of the bride`s guardian (wali), in Arabic: قُبُوْل qubūl. The bride`s wali is usually a male relative of the bride, preferably her father. The Wali can only be a free Muslim, unless the bride is Christian or Jewish; In such cases, the bride should be given by someone of her religious background. [24] The bride is usually present at the signing of the marriage contract. A marriage becomes irregular due to a lack of formality or the presence of an obstacle that can be overcome. However, this irregularity is not permanent and can be eliminated. As a result, marriage itself is not illegal. Once irregularities are eliminated, they can be legitimized. Marriage is called “fasid” in such cases or with the following restrictions. In Sohrat Singh v. Jafri Bibi (1915), the cohabitation of the parts of a Muta marriage began, but there is no evidence of the duration or duration for which the marriage was concluded. In the absence of evidence to the contrary, the muta has continued throughout the period of cohabitation, and children conceived during this period may inherit the property. 2.

Children born of a legitimate marriage are born in wedlock and have the right to inherit their parents` property. Nikāḥ Shighā is a marriage (نکاح شغار) in which two men exchange their daughters, sisters or other close wives for marriage without paying Mahr. This was forbidden by Muhammad. [18] The notable example of this is the Hanafite school (the largest of the four classical schools of Islamic thought), which states that a bride`s permission is required when she has reached puberty. They also claim that if a bride was forced to marry before reaching puberty, after reaching puberty, she has the option to annul the marriage if she wishes. A Wali other than the father or grandfather on the father`s side of the bride, then called Wali Mukhtar, needs the bride`s consent, according to the majority of scholars. If the bride is silent about it, that is, wali has expressed his intention to marry her to a certain man, and she has nothing against it; then consent to their absence of objection is required. [58] In Sunni law, there are certain exceptions to the prohibition for reasons of care, and the following marriage is considered valid: the mutual consent of both parties to live as husband and wife does not constitute marriage unless that consent is expressed publicly and in the presence of witnesses. An essential feature of Islamic marriage is therefore the publication of news by the parties of an assembly, preferably in a public place. In a marriage contract, competent and competent witnesses must be present.

But according to Shia law, the presence of a witness for a valid marriage is not important at all. The marriage is valid even without the presence of competent witnesses. When we talk about Sunni law, the presence of witnesses must be during the marriage contract. Without the presence of witnesses, the marriage is irregular. At least two male witnesses or one male and two female witnesses must be present during the marriage contract. In addition, witnesses must be tall, common sense and Muslim. Marriage registration is required for Muslims because a Muslim marriage is considered a civil contract. “Any marriage entered into between Muslims after the entry into force of this Law shall be registered as follows within thirty days of the end of the Nikah ceremony,” states section 3 of the Muslim Marriage Registration Act 1981. Nikahnama is a form of legal document used in Muslim marriages that contains the basic terms and information of marriage. “Talaq, Talaq, Talaq” or “I divorce from you, I divorce from you, I divorce from you” are examples of three statements made in a single thor, either in a single sentence or in separate sentences. A single explanation expresses the desire to break a marriage and makes it irreversible.

Partners separated by triple talaq cannot remarry without the woman marrying and divorcing another man, a procedure known as Nikah Halala. The parties who enter into marriage must be Muslim, regardless of their sect or sub-sect. A marriage is considered an inter-cult marriage if both parties are Muslims belonging to another sect, but the marriage is valid. In Islamic law, marriage – or more precisely, the marriage contract – is called nikah, an Arabic word that is already used in the Qur`an exclusively to refer to the marriage contract. [9] [10] [11] In the Wehr-Cowan dictionary of modern written Arabic, Nikah is defined as “marriage”; marriage contract; Ehe, Ehe.” [12] (At least in some marriages in some Muslim cultures like Pakistan, there may be a delay between Nikkah and Rukhsati – if the husband who got a good job and a good home lets the wife move in with him.) [13] By mutual prior agreement, the mahr can also be paid in part to the bride, which makes it possible to pay an amount that the groom gave to the bride at the time of signing the marriage contract, as well as Mu`qadamm (in Arabic: مقدم, litt. “Presented front part”), and the last part is postponed to a date during the wedding, also Mu`akhaar (in Arabic: مؤخر, lit. “delayed”). Various Romanized transliterations of mu`qadamm and mu`akhaar are accepted. Such an agreement does not make the total amount of the mahr less required by law, nor does it nullify or reduce the husband`s obligation to perform the agreement while fulfilling his obligations to adequately accommodate, feed or clothe the wife (and the children born of the union) during the marriage.

[49] The term translates to “marriage of pleasure.” Muta marriage is a temporary agreement between two people for a certain period of time. There is no fixed minimum or maximum duration; It can be a day, a month, or one or more years. The marriage ends on the expiry of the agreed date; However, if such a period has not been specified or written, the marriage is deemed to be permanent. Sunni Muslims consider this form of marriage to be prostitution and therefore do not approve of it. It is also known as “Mahr”. This is the amount of money that the bride and groom must give to the bride in exchange for the marriage. It corresponds to the consideration in a valid contract. As without consideration, the contract is invalid, just as without compensation the Muslim marriage is invalid. The right to Mahr is born before living together. If the wife is a minor, her guardians may refuse to send to her husband until payment of the dowry is withheld in the case of Nasra Begum v. Rizwan Ali (1979). In Islamic law (Sharia), marriage (nikāḥ نکاح) is a legal and social contract between two people.

[1] Marriage is an act of Islam[2] and is highly recommended. [1] [3] Polygyny is allowed in Islam under certain conditions, but polyandry is prohibited. [4] ● “Marriage is a contract that underpins a lifelong partnership based on the mutual agreement of a man and a woman,” Ashabah explains in Abdul Kadir v. Salima. ● Muslim law is derived from several codified and uncodified sources, including the Qur`an, Ijma, Qiyas, customs, urf, precedents, justice, and various laws. ● The classification of marriages according to Muslim laws is: According to Muslim law, marriage is therefore a contract that regulates sexual intercourse, reproduction and social life in the interest of society by establishing the rights and obligations of the parties as well as the children born of the union. Under Muslim law, marriage is not permitted in certain circumstances. Restrictions/prohibitions can be divided into two parts: Muslim laws allow polygamy, but are limited to a maximum of four women. A Muslim man may have four wives at the same time, but if he marries the fifth, even if he has four, the marriage becomes irregular and not null.

The fifth marriage may be valid after the death or termination of the marriage of one of the four wives. However, Shia law considers marriage to the fifth wife null and void. In India, a Muslim marriage cannot have a second marriage if his marriage is registered under the Special Marriage Act of 1954. Nikāḥ (Arabic: نكاح, literally “to gather and bind together”)[5] is the first – and most common – form of marriage for Muslims. It is described in the Qur`an in Sura 4:4. [6] He is called “Mahr” […].