NIKAH

Muslim Marriage law 

Under Muslim Law, Marriage is a Civil Contract. It legalises sexual relation and generations.

Essentials of a Valid Muslim Marriage

1. Parties are Competent

2. Consent of Parties or their guardian must be free

3. Formalities and Ceremonies must be duly completed

4. No Prohibition

5. No Impediment

 

Inter Religious Marriage

  Situation Validity
1. Muslim male of any section and Muslim female of any section Valid
  Kitabia - a person who belongs to a community the origin of which is revealed from a heavenly revealed book (Kitab)  
2. Sunni Male to Kitabia Female Valid
3. Sunni Male or Non Muslim and Non Kitabia Irregular
4. Sia Male & Non Muslim Female Void
5. Non Muslim Male and Muslim Female Void

 

 

 

(A). Competency of Parties

- Must be Muslim

- Sound Mind

- Age 15+

 

(B) Consent of Parties

- Consent obtained by fraud - Voidable Marriage

- Mistake of Fact - Void Marriage

- Consent by Compulsion - Void Marriage

 

(C) Formalities and Ceremonies

Muslim law does not require particular religious ceremonies or rites for competition of valid marriage

1. Valid offer (ijab) from boy and valid acceptance (qabool) from girl

2. Ijab and Qabool should be oral or in writing

3. Ijab and Qabool should be clear and unambiguous

4. Ijab and Qabool should be expressed in same meeting, be simultaneous

5. Ijab and Qabool should be reciprocal, cannot be conditional or modified

6. Ijab and Qabool should have 2 witnesses Muslim Male (Not compulsory in Shia)

 

(D) Absence of Prohibition

- Absolute Prohibition (Void)

- Relative Prohibition (irregular can be valid)

 

1. Absolute Prohibition

 (a) Consanguinity - Relationship by blood

(b) Affinity - Relationship by Marriage

(c) Fosterage - Relationship by Milk

 

2. Relative Prohibitions (Only for Sunni)

(a) Un lawful conjunctions

- 2 wives not allowed if they amongst each other qualify for absolute prohibition.

- Marriage with wife's aunt allowed in shia.

 

(b) Marriage by 5th wife (Maximum 4)

(c) Marriage with non-Muslim

(d) Marriage without witnesses (2 male Muslims must)

(e) Marriage during Iddat (For Sunni Irregular, For Shia Void)

 

3. Miscellaneous Prohibitions

(a) Marriage during Pilgrimage (Sunni - Valid, Shia - Void)

(b) Al-Kafat Rule of equality: men=women (Social status)

(c) Re-Marriage between Divorced Couple

Marriage between A & B--> Divorce --> Iddat --> Marry B & C --> Iddat --> Divorce --> Iddat--> Re-marriage between A & B

(d) Man can marry 4 women at at time. Women Cant marry someone else at the time of one marriage - Polygamy. 

 

 

 

4. Muta Marriage (Muta = Enjoyment)

- Temporary union of male and female for a limited time

- Consideration

- Only Recognized by Shia Ithna Asria School of Law

 

Conditions of Muta Marriage

 1. Puberty and Sanity

2. Shia Male -> Muslim -> Kitabia -> Fire worshiping

3. Consent

4. Formalities

5. No Prohibited Relationship

6. Specified Period

7. No Dower, No Muta. Amount should be specified.

 

 

Legal Effects

1. Lawful Cohabitation

2. Legitimate Children entitled to inheritance

3. Husband and wife have no mutual right of inheritance

4. Muta wife can get maintenance only under CPC

5. If consummation taken place, wife observe 2 months iddat. If husband dies iddat is 4 months 10 days

6. Muta Marriage has no divorce

 

Marriage Ends when

i. Expiry of time

ii. Husband dies

iii. Husband leaves

Consummation - Full Dower