MARRIAGE(NIKAH)-DEFINITION,

TYPES AND ESSENTIALS

Leave a Comment / By lawwithshaheen / February 14, 2020 / Islamic Personal Law, Recent
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Marriage(Nikah) and Its Types:

The central institution around which whole family life revolves is the
“marriage” as a family starts with marriage. Before the advent of Islam,
many types of sexual relations were prevailing in Arab society. In those
relations woman was connected with marriage, however, Islam reformed
this concept by making her the principal contracting party as well as, the
object of the contract. Marriage(Nikah) is also instituted for the solace of
life and is one of the prime and original necessities of man.
Marriage(Nikah) and its types are discussed here.

Definitions of Marriage:
According to common parlance;
“Marriage(Nikah) is a civil contract between two persons of opposite
sexes with the object of legalization of sexual intercourse, the protection
and preservation of the human race”.

Muhammadan Law says;

“Marriage(Nikah) is a contract for the legalization of sexual intercourse
and protection of children”.

According to Merriam Webster Dictionary:

“The state of being united as spouses in a consensual and contractual
relationship recognized by law”. or

“The mutual relation of married persons(Wedlock)”.

Purpose and Objects of Marriage in Islam:

The objects and purposes of marriage in Islam are:

i. Protection of normal family life;

ii. Avoidance from foulness and immorality;
iii. Legalization of children;
iv. Legalization of sexual intercourse;
v. Preservation of the human race;
vi. Systematization of domestic life.
Essentials of Valid Marriage(Nikah):
Following are the essentials of a valid marriage:

i. Offer (Aijab).
ii. Acceptance (Qabool).
iii. Capacity (Ahliat).
iv. Free Consent (Raza).
v. One sitting (Majlis).
vi. Clear and unambiguous.
vii. Presence of witness.
viii. Dower (Mehr).
Classification of Marriage(Nikah):
Muslim marriage can be classified into following heads according to the
nature of time duration involved: –

1.Permanent Marriages

2.Temporary Marriages

Permanent Marriages and their Legal effects:

The permanent marriages are recognized by both Shia and Sunni
Schools. Muslim marriage can be sub-divided into three categories on the
basis of the existence of prohibitions:

i. Valid Marriage (Sahih).

ii. Void Marriage (Batil).
iii. Irregular Marriage (Fasid).

Valid Marriages:
These are the marriages that fulfil all the requirements as prescribed by
the Sharia. As they create all sorts of legal rights provided and protected
under Islam, such as:

i. The Sexual relationship becomes lawful.

ii. Children born as a result of wedlock are legitimate.
iii. The wife has the right to receive dower.
iv. The wife has the right to maintenance and residence.
Void Marriages:
These are treated as void ab initio and the defect due to which they are
not validated cannot be cured. Hence, they create no legal effects
whatsoever and relationship amounts to Zina.
For example:

i. A marriage with the wife of another.

ii. Remarriage with divorced wife where legal bar still exists.
iii. Marriage with foster and blood relations will be null and void.

Irregular Marriages:
These are not void and are midway between valid and void; however,
there exist some defects which can be negated. Upon curing these
defects these marriages become valid. Shia law does not recognize these
marriages. Following marriages are considered to be irregular:

i. A marriage without witnesses.

ii. A marriage with a woman undergoing iddat.
iii. A marriage prohibited by reason of difference of religion.
iv. A marriage with two sisters.
v. A marriage with the fifth wife in the presence of existing four wives.
vi. A marriage of unlawful conjunction.

Temporary Marriages or Muta:

Temporary marriage is called “Muta” and these are the marriages for a
fixed duration or for a definite period. The literal meaning of muta is
enjoyment or use. Shia School recognizes this type of marriage and Sunni
School treats it as void.

Conclusion:
It is concluded that Marriage(Nikah) is a civil contract having an element
of worship too. It can be classified into permanent and temporary
marriages. Only Shia Law recognizes temporary marriages. Sunni Law
classifies this institution into three types (valid, void, and irregular) out of
which irregular one is not recognized under Shia Law.