Professional Documents
Culture Documents
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Marriage
Dower
Matrimonial relief
Maintenance
Parentage
Guardianship
MARRIAGE
Institution of marriage is the Central idea of the branch of family law.
In Islam Marriage is a civil contract.
A contract which has in its objects the procreation and legitimation of children and
preservation of human race.
Nature of Marriage
Although a religious duty marriage is emphatically not a sacrament. There are no
sacraments in Islam, nor is it covertureMohammedan marriage is purely contractual.
Fitzgerald, Mohammedan law, 1931 Ed. P.37
CAPACITY
Who may enter in the contract of marriage
Muslim
Sound minded
Major
Minor and lunatics may enter in this contract by guardians
Malikies and Shafais require consent of guardian for girl even if she is major
ESSENTIALS
Proposal or Ijab by any party
Acceptance or Qubol by other party
Free consent
Witnesses; two, sound minded, professing Islam
One meeting
TYPES OF MARRIAGE
VALID
Which completes all requisites of Nikkah
VOID
It is perpetually prohibited i.e. plurality of husband
IRREGULAR
It is called Nikkah-e-Fasid and it has only temporary bars
IRREGULAR MARRIAGE
Marriage in iddat
With two sisters
Fifth marriage
Without witnesses
Difference of religion
IDDAT
It is the Period to remain in seclusion for women after the death of the husband or divorce.
On death:
4 months 10 days weather consummated or not, if women is pregnant which time is longer
Iddat On divorce:
-3 courses if marriage is consummated
- no iddat if it is not consummated.
-3 lunar months if wife is minor
-on delivery if pregnant.
(both commence from date of death or divorce)
PROHIBITION ON GROUND OF CONSANGUNITY
PROHIBITION ON GROUND OF AFFINITY (VOID)
PROHIBITION ON GROUND OF FOSTERAGE (VOID)
UNLAWFUL CONJUNCTION: MARRIAGE WITH TWO SISTERS AT A TIME