Absence of prohibition/impediments:

 Definition of Impediment.
“Conditions that stop two individuals to get married on some grounds that have been
set.”

 Types of Prohibitions/Impediments
1. Permanent Impediments:
“Impediment which creates a permanent restriction on a valid marriage due to
some valid reasons.”

 Ground of permanent impediments:

i. Consanguinity”
“Marriage between two individuals that are related to one another through
blood”
Ex: Mother, grandmother, daughter, grand-daughter, etc.

ii. Affinity
“Kinship relationship that is created between two people as a result of their
marriage.”
Ex: Mother-in-law, sister-in-law, wife’s daughter, etc.

iii. Fosterage:
“Relationship when a woman who is not their own mother has suckled a
baby who is under the age of two years”
Ex: Foster mother, foster sister’s mother, foster brother’s sisters, etc.

iv. Polyandry:
“A woman getting married to more than one man at a time.”

 Legal Effects
 Children : Illegitimate
 Marriage: Not considered in eye of law
2. Temporary Impediments:
“Impediment that creates a temporary restriction based on a valid reason but this
can be removed by eliminating the reason that caused the restriction.”

 Ground of temporary impediments:

i. Polygamy
“A man getting married to more than one woman at the same time”

ii. Iddat:
 “Time period that a woman has to follow after she gets out of a previous
marriage before remarrying someone else.”

iii. Unlawful Conjunction:

“A man who marries two different women at the same time who are closely
related to each other.”
iv. Absence of witnesses:
“If there are no proper witnesses present there, the marriage will be
considered as invalid.”

v. Difference of Religion:
“A Muslim man can’t marry a woman who isn’t Ahl-e-kitab and a Muslim
woman can’t marry a non-Muslim man.”
 Legal Effect
 Children: Not illegitimate
 Marriage: Invalid but not illegal

 Dower:
“The gift given by the groom to his bride at the time of marriage or it can
also defer to some date in the future.”
Arab word “Mehr” means dower.
Mehr is an amount of money that has to be paid by to the wife upon marriage.

 Classification of dower
1. Specified dower:
“The statement of the amount of dower is made at the time of the marriage
contract.”
i. Prompt dower: Prompt dower needs to be paid immediately after marriage.
ii. Deferred dower: Deferred dower is paid after the marriage dissolved. This can
be either through divorce or the death of the husband.

2. Proper dower:
“The wife is entitled to proper dower in the case where a marriage is completed
without the dower amount being set in the Nikkah Nama.”

 Recording of dower
Recorded in 4 columns of Nikkah nama: Column 13,14,15,16

 Other gifts:
“Any gifts that are gifted to the bride from her either her parents or her in-laws
upon the time of marriage will be her bridal gifts and her property.”

 Confirmation of dower:
Confirmed when these conditions are fulfilled:
1. Consummation of marriage
2. Valid retirement (Sunni law)
3. Death of either one of them irrespective of consummation