Court Marriage Solutions

Muslim Marriage

December 18, 2023 | by ccm.upbryt.com

img7

Muslim Marriage in India: A Legal and Social Perspective

Marriage, a sacred social institution, holds mutual rights and obligations for couples. In India, family law remains consistent across states, with variations only observed in Hindu and Muslim practices. Unlike Hindu schools with regional nuances, Muslim marriage is regarded as a contractual relationship focused on reproduction rather than a sacrament. Explore the essentials of Muslim marriage within the Indian context.

Muslim Marriage

Definition of a Muslim:

  • A Muslim can be of origin, conversion, or one who professes Islam.

Nature of Muslim Marriage:

  • Various definitions exist, emphasizing its contractual nature.
  • Wilson describes it as a contract for legalizing sexual intercourse and procreation.
  • Schacht sees it as a civil contract, hinting at historical ties to the bride’s purchase.
  • Justice Mahmood emphasizes proposal and acceptance, highlighting its non-sacramental nature.

Minimum Age for Marriage According to Muslim Marriage Rules

Legal Age:

  • Initially, Muslim marriage recognized puberty as the minimum age.
  • The Indian Child Marriage Restraint Act now sets it at 18 for girls and 21 for boys.

Types of Marriage Under Muslim Law in India

1. Nikah (Permanent Marriage):

  • Shia law requires two witnesses for a valid nikah.
  • Sunni law mandates at least two witnesses.

2. Muta Marriage (Temporary Marriage):

  • Originating from pre-Islamic Arab practices, this temporary marriage lacks mutual rights.
  • Legitimacy and responsibilities arise only if a child is born.

3. Kitabia (Inter-Sect Marriage):

  • Shia law nullifies inter-religious marriages.
  • Sunni law allows Kitabia marriage but only between Muslim males and Kitabia females.

Classification of Marriage

1. Sahih (Valid Marriage):

  • Parties must have full capacity.
  • Legal consequences follow, maintaining status, allowing intercourse, and establishing mutual rights.

2. Batil (Void Marriage):

  • Void ab initio with no legal consequences.
  • No status, mutual obligations, or capacity to marry.

3. Fasid (Irregular Marriage):

  • Temporary and voidable until rectified.
  • Removal of irregularities can validate the marriage.

Legal Disability: Who Cannot Marry

Categories of Legal Disability:

  • Absolute (consanguinity, affinity, and fosterage).
  • Directory (bar on marrying a pregnant woman).
  • Relative (resulting from irregular marriage).
  • Prohibitory (polyandry and marrying a non-Muslim, except Kitabia women).

Conclusion:

  • Muslim marriage, a contract, provides women with security.
  • While considered a moral duty, it retains a civil nature.
  • Prophet Mohammed prioritized women, foreseeing the sanctity of this relationship in generations to come.

Registration of Muslim Marriage

Legal Recognition:

  • Muslim marriages can be registered under the Muslim Marriage Act and the Special Marriage Act.
  • Registration offers a certificate, ensuring legal validation.

Consult Our Team:

  • Our experienced team of marriage lawyers specializes in Muslim marriage laws.
  • Seek guidance for solemnizing and legally registering Muslim marriages.
  • Years of practice make our practitioners experts in validating Muslim marriages.

RELATED POSTS

View all

view all