JAMIA MILLIA ISLAMIA

FACULTY OF LAW

Family Law – I Assignment

Title:

Marriage

Submitted by:

Md Modassir

Roll No. 33

B.A.LL.B (H)

Batch: Regular

Semester: 4th

Of Faculty of Law, Jamia MilliaIslamia

Submitted to:

Dr. Kahkashan Y. Danyal, Associate Professor, (Faculty of Law, Jamia MilliaIslamia, New
Delhi)

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 Acknowledgement —

I feel highly elated to work on the topic “Marriage”.

The practical realisation of this project has obligated the assistance of many persons. I express my deepest
regard and gratitude to my Family Law-I teacher, Dr. Kahkashan Y. Danyal, Faculty of Law, for giving me
opportunity to work on this project. His consistent supervision, constant inspiration and invaluable guidance
have been of immense help in understanding and carrying out the nuances of the project report.
I would like to thank my friends and seniors for their precious inputs without whose support and
encouragement, this project would not have been a reality.
Some printing errors might have crept in, which are deeply regretted. I would be grateful to receive
comments and suggestions to further improve this project report.
I hope you will appreciate my true work which is indeed a hard work and a result of my true research and
work.

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 Contents —

What is Marriage?......................................................................................................................4

Marriage in Pre-Islamic Arabia..................................................................................................5

Nature of Marriage.....................................................................................................................5

Essentials of Marriage................................................................................................................6

Legal Disability........................................................................................................................10

Relative Incapacity...................................................................................................................11

Prohibited Incapacity...............................................................................................................12

Aspects of Marriage.................................................................................................................12

Rights & Duties........................................................................................................................13

Muta or Nikah mut’ah..............................................................................................................14

Dissolution of Marriage...........................................................................................................15

Conclusion................................................................................................................................17

Bibliography.............................................................................................................................18

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 What is Marriage ?

The Arabic word Nikah (marriage) literally means the union of the sexes and in law this term means
'marriage. In Baillie's Digest, marriage has been defined to be “a contract for the purpose of legalising sexual
intercourse, and procreation of children”. 1 According to Hedaya, Marriage is a legal process by which the
several process and procreation and legitimation of children between man and women is perfectly lawful and
valid.2

The Prophet of Islam is reported to have said:

“Marriage is my sunna and those who do not follow this way of life are not my followers."

and that

"There is no monkery in Islam."

Marriage under Muslim law is very much unlike St. Pauls concept of marriage as clearly a concession to the
weakness of the flesh. In Shoharat Singh v. Jafri Begum,3 the Privy Council said nikah (marriage) under the
Muslim law is a religious ceremony. The sanctity attached to the institution of marriage in Islamic system
has either not been comprehended or sufficiently appreciated by outsiders. Marriage is recognised in Islam
as the basis of society. It is a contract but it is also a sacred covenant. Marriage as an institution leads to the
uplift of man and is a means for the continuance of the human race. The main aim of the institution of
marriage is to protect the society from foulness and unchastity. It has also been said that marriage is so holy
a sacrament in this world that it is an act of ‘ibadat’ or worship, for it preserves mankind free from pollution.

Mahmood, J., in Abdul Kadir v. Salima4says: “Marriage is a civil contract, upon the completion of which, by
proposal and acceptance, all the rights and obligations, which it creates, arise immediately and
simultaneously."

1
Aqil Ahmad, Mohammedan Law, Central Law Agency, Allahabad, 14th Edition, p. no. 57.
2
Ibid.
3
17 Bom L.R. 13 (P.C.) 13 A.L.J. 118.
4
8 All. 149 (F.B.).
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 Marriage in Pre-Islamic Arabia —

Before Islam, there were several traditions in Arab regarding marriage. These traditions had several
unethical processes like:-
(i) Buying of girl from parents by paying a sum of money.
(ii) Temporary marriages.
(iii) Marriage with two real sisters simultaneously.
(iv) Freeness of giving up and again accepting women
These unethical traditions of the society needed to be abolished and Islam brought a drastic change in the
concept of marriage.5

Nature of Marriage —

Fayzee considered three aspects of marriage which are necessary to understand marriage as a whole:
(1)Legal Aspect – Marriage as a contract has three characteristics:
(a) There can be no marriage without consent.
(b) Provision is made for the dissolution of marriage contract either by the will of the parties or by the
operation of law.
(c) The terms of a marriage contract within legal limit are capable of being altercated to suit the needs of the
individuals.

(2) Social Aspect – Islamic Law gives a high social status to women after marriage. Restrictions are placed
by the Islamic Law upon the unrestricted polygamy of the pre-islamic times. The Prophet encouraged the
status of marriage.

(3) Religious Aspect– Quaranic injunctions recognize in Islam marriage as a basis in society.Though it is a
contract, it is also a sacred covenant. Temporary marriages are forbidden. Marriage uplifts the status of a
man. It is a means for the continuance of the human race Spouses are strictly enjoined to honour and love
each other. The Prophet asked the people to see their brides before marrying and taught the society that
nobility of character is the best reason for marrying women.

5
Muslim Marriage in India, available at: http://www.legalserviceindia.com/article/l418-Muslim-Marriage.html (last visited on
April 16, 2020)

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 Essentials of Marriage —

1. Proposal & Acceptance - Marriage like any other contract, constituted by jab-o Qabool, that is, by
declaration and acceptance. One party to the marriage must make an offer (Ijab) to the other party.
The marriage becomes complete only when the other party has accepted that offer. Ameer Ali
concluded that "marriage as a civil institution rests on the same footing as any other contract".
According to Muslim law it is absolutely necessary that the presence man or someone on his behalf
and the woman or someone on her behalf should agree to the marriage at one meeting and the
agreement should be witnessed by two adult witnesses. As women are in pardah, it is customary to
send a relation of the woman to her inside the house accompanied by two witnesses. The relation
asks the girl within the hearing of the witnesses whether she authorizes him to agree to the marriage
on her behalf for the dower money offered by the husband. He explains to her the detail of the dower
proposed. When the girl says yes or signifies her consent by some other method the three persons
come out. The future husband and those three persons are then placed before the Qazi. Qazi asks the
boy whether he offers to marry the girl on payment of the specified dower. He says 'Yes' then the
relation, who had gone inside, tells the Qu that he is the agent of the girl. Qazi asks him whether he
agrees to the marriage on payment of the specified dower. The relation says 'Yes'. The witnesses are
present there so that if the Qazi has any doubt he shouId question them. When both the sides have
said ‘Yes’, Qazi reads the same portion of the Quran and in this way marriage is complete.
It was held in Mst. Zainaba v. Abdul Rahman6 that there is no particular in which the proposal and
acceptance should be made. The offer (Ijab) and acceptance (Qabool) may be either oral or in
writing. Where the words of offer and acceptance are laid down in a written document, such a
document is called Kabinnama, which is an important documentary evidence of marriage. The words
must indicate with reasonable certainty that a marriage he been contracted. There must be no
ambiguity, no question of intention to marry. It is necessary that the words of proposal and
acceptance should be such as to show an intention to establish the conjugal relations from the
moment of acceptance. Where the intention of the parties is not to establish the conjugal relations
from the moment of acceptance, but from some future time, there is no marriage. A betrothal
ceremony is of no consequence.
Presence -The words conveying proposal and acceptance must be uttered in each other's presence or
in the presence of their agents, who are called Vakils. In case the words are uttered in each other's
presence, the parties should hear the words. The significance of this requirement, according to
Wilson, lies in the fact that the contract should be understood by both the parties.
One Meeting -The third requirement of a valid marriage is that the transaction must be completed at
one meeting. A proposal made at one meeting and an acceptance at another meeting does not
6
A.I.R. 1945 Pesh. 51.
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 constitute a valid marriage.
Reciprocity - There must be reciprocity between offer and acceptance. The acceptance must not be
conditional.
Witnesses -Under Sunni Law, the proposal and acceptance must be made in the presence of two
males or one male and two female witnesses who are sane, adult and Muslims. Absence of witnesses
does not render marriage void but voidable.
Under Shia law, witnesses are not necessary at the time of marriage. They are required at the time of
dissolution of marriage. When the guardian of a minor contracts the marriage on his or her behalf,
such marriage also requires two adult witnesses.
Free will and consent-The parties contracting a marriage must be acting under their free will and
consent. The consent should be without fear or undue influence or fraud. In the case of a boy or girl
who has not attained the age of puberty, the marriage is not valid unless the legal guardian consented
to it. 'The consent may be express or implied'--Smiling or laughter or remaining silent may be
construed to imply consent. Wilson says:"as to what amounts to coercion or compulsion depends
upon the circumstances of each case". Free consent in case of adult persons is not only essential for a
valid marriage but it is absolutely necessary.7Consent is an essential factor in a marriage and the
father's consent is not a substitute for the girl's consent. Where marriage of a Shafei girl, who had
attained puberty was performed by her father against her consent, the court held that the marriage
was void.8 A marriage brought about by a fraudulent misrepresentation is invalid unless ratified.9
Where consent to the marriage has not been obtained, consummation against the will of the woman
will not validate the marriage.10
Consent under Compulsion -According to the Hanafi law, contracts of marriage even under
compulsion or the offer and the acceptance even if pronounced without any intention to effort a
marriage, are valid. This peculiar rule of Hanafi law is based upon the following provision: "Apostle
of God said: "there are three things which whether done in joke or earnest, shall be considered as
serious and effectual ; one marriage, second divorce and third the taking back". The other three
schools of Sunni law and the Shia Schools held a contrary opinion. According to these schools
marriage under compulsion is not valid.
2. Competent Parties –
(i) Age of marriage - The parties to a marriage must have the capacity of entering into a contract. In
other words, they must be competent to marry. Even Muslim who is of sound mind and who has
attained puberty may enter into a contract of marriage.
The parties must be able to understand the nature of their act. A marriage contract by a
7
Hassan Kutti v. Jainbha A.I.R. 1928 Mad. 1285.
8
 Sayad Mohiuddin v. Khatijabai (1939) 41 Bom.L.R. 1020.
9
Abdul Latif v. Niyaz Ahmed(1939) 31 All. 343.
10
Mst. Ahmad-un-nissa Begum v. Ali Akbar Shah 1942199 IC 531, A.I.R. 1942 Pesh. 19.

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 majnoon(lunatic) is void except when it is contracted in lucid intervals. However, lunatics can be
contracted in marriage by their respective guardians.
(ii) Puberty - It means the age at which a person becomes capable of performing sexual intercourse
and procreating children. Puberty and majority are in the Muslim law one and the same. The
presumption is that a person attains majority at 15 but the Hedaya lays down that the earliest period
for a boy is 12 years and a girl 9 years. Majority is presumed among the Hanafis on the completion of
the fifteen years, in the case of both males and females, unless there is any evidence to show that
puberty was attained earlier. In the case of a Shia female, the age of puberty begins with
menstruation. It has been held by the Privy Council the court in a Shia case that the age of majority in
the case of a girl is attained at the age of nine years. Muslim law in respect of marriage, dower and
divorce has entirely been left untouched by the provisions of the Indian Majority Act, 1875.
The wife can exercise her right of puberty if she files a substantive suit. According to Calcutta High
Court, it cannot be exercised by her in a suit by her husband for restitution of conjugal rights or in
any other proceedings. But Madhya Pradesh High Court has taken a different view. According to
Madhya Pradesh High Court the wife can exercise the option even in a suit filed by the husband for
restitution.
Thus, puberty means age when a boy or a girl becomes capable of begetting or bearing children. But
marriage of males under 21 and females under 18 years are controlled by the Child Marriage
Restraint Act, 1929. A marriage of male below 21 years of age and of a female below 18 years of age
is a child marriage. Such a marriage is not void; if the provisions of the above Act are infringed, the
persons violating the provisions of the Act are liable to certain punishment.
The husband, married during minority, has the same right to dissolve his marriage, but in his case
there is no statutory period  of time within which he must exercise his right. The option can be
exercised on his attaining majority, and payment of dower or cohabitation implies ratification.
3. Marriage of minors and guardianship in marriage -
lt should be noted that marriage of a minor without the consent of the guardian is invalid unless it is
ratified after the attainment of majority. A boy or girl who has attained puberty is at liberty to marry
anyone he or she likes and the guardian has no right to interfere if the match is equal.The right to
contract to give a minor in marriage belongs successively to the following persons:
Father;
Paternal grandfather; 
Brother and other male relations on the father’s side in the order of inheritance;
Mother;
Maternal uncle or Aunt and other maternal relations without the prohibited degrees; and;
The State.

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 Under Shia Law only the father and the paternal grandfather are recognised as guardian for
contracting marriage of a minor.

4. Option of Puberty (Khyar-ul-Bulugh) –

In certain circumstances, a minor contracted in marriage by the guardian for marriage has the right of
repudiating or ratifying the marriage contract right on attaining puberty, this right of the minor is
known as the option of puberty.In old law if the marriage of a minor had been contracted by his/her
father or grandfather he/she had no right to repudiate the marriage after attaining the age of puberty.
This disability has been removed by Dissolution of Muslim Marriage Act, 1939. Section 2 (7) of this
Act reads:
"A woman married under muslim law shall be entitled to obtain a decree for divorce on the ground,
that she having been given in marriage by her father or other guardian before she attained the age of
fifteen years, repudiate the marriage before attaining the age of 18 years. Provided that the marriage
has not been consummated. 
In Abdul Karim v. Amina Bai (y), the Bombay High Court held:
The option of repudiation given to the wife is based on principles repeatedly emphasised in the
Quran. It is one of the safeguards by which Islam alleviates the incidence of pre-Islamic institutions
pressing harshly against women and children. A Muslim wife must exercise the option of puberty
immediately on attaining puberty and the right is lost if she permits the marriage to be consummated
thereafter. If she is living with her husband when she arrives at her puberty, her option is not
determined unless she assents explicitly or by implication to the marriage ; nor is the mere
consummation sufficient. There must be consummation with the wife's consent. Moreover, all the
necessary facts should be proved by the husband to the satisfaction of the court. The Court leans in
such cases in favour of the wife.
A male has the same right of option of puberty.The option can be ratified on attaining puberty by:
(i) Express declaration, (ii) Payment of dower, or (iii) Cohabitation.
If an option of repudiation is made, the marriage ceases to be a marriage, and consequently it is
treated as having never taken place.11

11
Aqil Ahmed,Mohammedan Law, (Central Law Agency, Allahabad, 14th Edition), p. no. 62-70.

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 Legal Disability —

It means the existence of certain circumstances under which marriage is not permitted. There is absolute
prohibition of marriage in case or relationship of consanguinity. In this case the situation is such that the
relationship has grown up of the person through his/her father or mother on the ascending side, or through
his or her own on the descending side. Marriage among the persons associated by affinity, such as through
the wife it is not permitted. Marriage with foster mother and other related through such foster mother is also
not permitted.
Consanguinity (qurabat)-it means blood relationships and bars a man from marrying-
Mother or grandmother, Sister, aunt, niece etc.
Affinity (mushaarat)-a man is prohibited from marrying-
mother-in-law, step-grandmother, danghter-in-law, step-granddaughter, etc.
Fosterage (riza)- when a child under the age of two years has been suckled by a woman other than his or her
mother,the woman bocomes his foster mother,a man may not marry his foster mother or her daughter or
foster sister.
A man cannot marry his foster mother, nor foster sister, unless the foster brother and sister were nursed by
the same mother at intervals widely separated. But a man may marry –

 Sister's foster mother

 Foster-sister's mother
 Foster-son's sister
 Foster-brother's sister12

12
Concept of Marriage in Muslim Law, available at: http://www.legalserviceindia.com/article/l162-Concept-of-Marriage-in-
Muslim-Law.html (last visited on April 16, 2020)

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 Relative Incapacity —

Relative incapacity springs from case which render the marriage irregular only so long as the cause which
creates the bar exist, the moment it is removed, the incapacity ends and the marriage becomes valid
andbinding; such as:

 Marrying a fifth wife

 Marrying a woman undergoing iddat
 Marrying a non-Muslim
 Absence of proper witnesses
 Woman going for a second marriage even after the existence of the first marriage.
 Marrying pregnant women
 Marrying during pilgrimage
 Marrying own divorced wife13

Prohibited Incapacity —

It arises in the following cases:

(a) Polyandry- it means the fact of having more than one husband. It is forbidden in the muslim system and a
married women cannot marry second time so long as the first marriage subsists.
(b) Muslim woman marrying a non-muslim- A marriage of a muslim female with a non muslim male made
whether he be Christian or jew or an idolater or a fire worshipper is irregular in nature under sunni law and
void under shia law.14

13
Ibid.
14
Ibid.
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 Aspects of Marriage —

Valid Marriage (Sahih)

Under the Muslim law, a valid marriage is that which has been constituted in accordance with the essential
conditioned prescribed earlier. It confers upon the wife; the right of dower, maintenance and residence,
imposes on her obligation to be faithful and obedient to her husband, admit sexual intercourse with him and
observe Iddat.

Irregular Marriage (Fasid)

Those marriages which are outcome of failures on part of parties in non fulfillment of prerequisites but then
also are marriages; to be terminated by one of the party is termed to be Irregular marriages. They are
outcome of-
(a) A marriage without witness (Not under Shia Law)
(b) Marriage with fifth wife.
(c) Marriage with a women undergoing Iddat.
(d) Marriage with a fire-worshipper.
(e) Marriage outcome of bar of unlawful conjunction.
An irregular marriage has no legal effect before consummation but when consummated give rise to several
rights & obligations.

Void Marriage (Batil)

A marriage which is unlawful from it's beginning. It does not create any civil rights or obligations between
the parties. The offspring of a void marriage is illegitimate. They are outcome of-
(a) Marriage through forced consent.
(b) Plurality of husband.
(c) Marriage prohibited on the ground of consanguinity.
(d) Marriage prohibited on the ground of affinity.
(e) Marriage prohibited on the ground of fosterage15

15
Ibid.
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 Rights & Duties —

Mutual Rights and Obligations:

Marriage is a union for life having mutually inclusive benefits and fulfillment for the contracting parties
including the following:

 Preservation of chastity and security of gaze

 Companionship inside and outside home
 Emotional and sexual gratification
 Procreation and raising of any children by mutual consultation
 Agreement to live together in a mutually agreed country and establish their matrimonial home therein
 Working collectively towards the socio-economic welfare and stability of the family
 Maintaining their individual property rights but contributing to the welfare of the family according to
their capacity
 Maintaining social contacts with family and friends mutually beneficial for the family
 Managing their individual activities/roles inside and outside the home by mutual consultation

Obligations of the husband:

In addition to the mutual duties and obligations, the husband undertakes not to:

 abuse his wife/child(ren) verbally, emotionally, physically, or sexually

 desert/be absent from the marital home for more than 60 days unless by mutual agreement
 withhold economic contribution towards his wife/family
 sexually transmit disease or other transmissible diseases
 misuse /interfere with the wife's property

Obligations of the Wife:

In addition to the mutual duties and obligations the wife undertakes not to:

 abuse her husband/child(ren) verbally, emotionally, physically, or sexually

 desert/be absent from the marital home for more than 60 days unless by mutual agreement
 sexually transmit disease or other transmissible diseases
 misuse/interfere with the husband's property16

16
Ibid.
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 Muta or Nikahmut’ah —

The term literally means “pleasure marriage”. Muta marriage is a temporary agreement for a limited time
period, upon which both the parties agreed. There is no prescribed minimum or maximum time limit, it can
be for a day, a month or year(s). The marriage dissolves itself after the expiration of the decided period,
however if no such time limit was expressed or written, the marriage will be presumed permanent. This type
of marriage is seen as prostitution by the Sunni Muslims and thus, is not approved by Sunnis. 

However, it is considered legitimate by the Twelver Shia sect, which is predominant in Iran and constitutes
90% of India’s Shia population. In Iran, the word mut’ah is only from time to time utilized and this practice
is called ‘sigah’. The rules for sigah are fixed for eg- the contract for temporary marriage can be attracted for
one hour to 99 years; it can’t be for an indeterminate period. This provision distinguishes mut’a from nikah
or lasting marriage, which has no time limit. However, just like in nikah, in sigah too, the bride must get
some monetary benefit.

No witnesses are required for mut’ah. And just like in any other contract, the woman being a party can lay
down conditions for her sexual union throughout this time limit, this can also include her daily maintenance.
Her temporary husband must respect these conditions. The marriage automatically dissolves at the end of the
stated period. No matter how short the duration was, the woman has to practice abstinence lasting up to two
menstrual cycles.

Interesting part is that, the temporary husband and wife can renew the contract but the husband must
regardless of this pay the amount to the bride. Husband has a unilateral right to revoke the marriage-mark of
his superior position in the relationship. But the woman can refuse to be intimate with him or even leave
him, but in such case, she must return back the amount she received from him.

India is a country that has partially approved live-in relationships; However, it will still be quite difficult for
the Supreme Court to constitutionally invalidate this form of marriage. In modern day era, where feminists
all across the globe see this arrangement equivalent to prostitution. There are many advocates of Nikah
mut’ah who believe that being a contract, this arrangement is superior to the live- in relationships.17

17
Laws Related to Muslim Marriage: Know more about it, available at: https://blog.ipleaders.in/marriage-under-muslim-
law/#Muta_or_Nikah_mutah (last visited on April 16, 2020)

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 Dissolution of Marriage —

There are 2 categories of divorce under Muslim law:

 Judicial 
 Extra-Judicial

The Extra-judicial mode of Divorce can further be divided into 3 subdivisions:

 By husband- talaaq, ila, and zihar.

 By wife- talaaq-i-tafweez, lian 
 By mutual agreement- khula and mubarat

A divorce falls into 2 categories:

Talaaq-i-sunnat

It can further be divided into two categories:

i)Talaaq-i-ahsan

A single pronouncement of divorce is made during the period of tuhr (the period of purity between two
menstrual cycles), followed by abstinence from sexual intercourse during the period of iddat. Here, the
divorce can be revoked at any time before the completion of iddat, thus preventing hasty and unreasonable
divorces.

ii)Talaaq-i-hasan

A husband is required to pronounce a formula of Talaaq three times, during three successive tuhrs. It is
important that pronouncements are made when no intercourse takes place during any period of tuhr. The
marriage is dissolved irrevocably, regardless to the period of iddat.

Talaaq-i-Biddat

It is a form of Islamic divorce which is instant in nature. It allows any Muslim man to legally divorce his
wife by stating the word “Talaaq” three times in oral, written, or more recently, electronic form. This is
prevalent among the Muslims in India, especially among the adherents Hanafi school of Islam. This is also
known as “Triple Talaaq” and has been a subject to debate and controversy.

In Shayara Banov. Union of India and Ors.18 It was submitted that:

18
2017 SCC OnLine SC 963,
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“This practice of talaq-e-biddat (unilateral triple-talaq) which practically treats women like chattel is neither
harmonious with modern principles of human rights and gender equality, nor an integral part of Islamic
faith, according to various noted scholars. Muslim women are subjected to such to such gross practices
which treats them as chattel, thereby violating their fundamental rights enshrined in Articles 14, 15, 21 and
25 of the Constitution. The practice also wreaks havoc to the lives of many divorced women and their
children, especially those belonging to the weaker economic sections of the society.”

There have been many cases in High courts and the supreme court, where the court invalidated the instant
triple talaaq. In Shamim Ara V. State of U.P, the court observed that:

The correct law of Talaaq as ordained in Holy Quran is that:

There must be a reasonable cause for the divorce.

The declaration of divorce must be preceded by attempts of reconciliation between husband and wife by 2
arbitrators. If the attempts fail, then only the divorce will come into effect.

Supreme court in August 2017 declared Triple Talaaq as “unconstitutional”. The Modi Government
introduced a bill called The Muslim Women (Protection of Rights on Marriage) Bill, 2017 and presented it
in the Parliament which was passed on 28 December 2017 by the Lok Sabha. The bill makes moment triple
(talaq-e-biddat) in any structure spoken, recorded as a hard copy or by electronic methods, for example,
email, SMS and WhatsApp unlawful and void, with as long as three years of imprisonment for the husband. 

However, one of the principle conflicts against the proposed enactment has consistently been its
acknowledgment of a common offense as a cognisable and non-bailable offence.19

19
Laws Related to Muslim Marriage: Know more about it, available at: https://blog.ipleaders.in/marriage-under-muslim-
law/#Muta_or_Nikah_mutah (last visited on April 16, 2020)

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 Conclusion —

Marriage is a religious duty of every Muslim and it is considered to be a moral safeguard and a social need.
The Prophet has also said Marriage is my tradition whosoever keeps away there from is not from amongst
me.
Unlike Hindu where the marriage is a sacrament, marriages in Muslims have a nature of civil contract.
Marriage is necessary for the legitimization of a child. When the marriage is done in accordance to the
prescribed norms it creates various rights and obligations on both the parties.
It appears that Islamic law of marriage and divorce is not identical to the man-made laws which are changed
by man himself moment after moment. It is evident that the position of man and woman in the social set up
of the community, is equal in every respect, but keeping in view the mindset of both the genders, Islam
segregates the rights, duties and functions of both the gender and then declares their status with regard to
family matters.

Page 17 of 18
 Bibliography

Books:

 Aqil Ahmed,Mohammedan Law, (Central Law Agency, Allahabad, 14th Edition)

 Syed Khalid Rashid, Muslim Law, (Eastern Book Company, 4th Edition)

Webpages:

 Concept of Marriage in Muslim Law, available at: http://www.legalserviceindia.com/article/l162-

Concept-of-Marriage-in-Muslim-Law.html (last visited on April 16, 2020)
 Muslim Marriage in India, available at: http://www.legalserviceindia.com/article/l418-Muslim-
Marriage.html (last visited on April 16, 2020)
 Laws Related to Muslim Marriage: Know more about it, available at:
https://blog.ipleaders.in/marriage-under-muslim-law/#Muta_or_Nikah_mutah (last visited on April
16, 2020)

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