Ameen lives in the city of Baghdad of modern Iraq.The year is 1200 AD.

He falls in love
with a girl in the neighborhood named Rukhsar. However he has not told his parents about
this. Rukhsar is also unaware of his thoughts. One fine day Ameen informs his father about
his decision to solemnize nikah with Ruqsar. He also thinks of marrying Sultana.
A) Please advice Ameen suitably about his marriage prospects under muslim law.
B) Imagine yourself in the position of his fathers if you are acting as his guardian
(Wali).

PART A
According to Muslim Law, a Muslim man can marry two woman and live peacefully by
satisfying their all needs equally. It is called Bigamy in Islam. In this sense, Ameen who lived in
the city of Baghdad of modern Iraq in 1200 A.D. can marry both (Ruqsar and Sultana), if they
and their guardian agree to marry with him in sound mind. If there is no free consent, the
marriage contract is deemed null and void. Another important point is - If a minor has not
reached puberty and is insane, the contract can be considered valid with the permission of their
guardians. Also, if there is no proof of puberty, then the age of puberty is fifteen years.
Marriage in Islam
Marriage is a matrimonial relationship and an institution in Islam that legalises sexual activities
between a male and female for the purpose of procreation of children, promotion of love, mutual
support, and the formation of families, which are regarded as an essential unit in a society.
Marriage is a religious obligation in Islam, according to many philosophers. Everyone must
marry in order to legally fulfill their desire to have children.
Types of Marriage under Muslim Law
1) Permanent Marriage
The following are the various aspects of permanent marriages:
a) Legal marriage (Sahih)
Sahih (valid) marriage refers to a marriage between two parties that meets all of the legal
requirements. Both Shia and Sunni sectionss accept this type of marriage.
Characteristics of Sahih Marriage
- The husband and wife's status is recorded at the parties.
- The parties have an inheritance right that they share.
 - If a marriage is dissolved for any reason, such as death or divorce, the husband is barred
from marrying her wife's sister.
- It bestows legal status on children born outside of marriage.
- In addition to the terms and conditions mentioned above, any terms and obligations that
are not contrary to public policy in Muslim society can be added to the marriage contract.
b) Void Marriage (Batil)
When absolute or relative impediments are violated while performing the marriage, it is still
referred to as a Batil (void) marriage. Even though both parties have completed the necessary
marriage formalities, it is still referred to as marriage. This type of marriage is null and void
because the parties are completely incapable of marrying each other, and there are no legal
provisions described in Muslim Law that would allow their marriage to become valid. Both Shia
and Sunni sects recognise this type of marriage.
Characteristics of Batil Marriage
- It is not a marriage as no legal rights and obligations occur from it.
- The parties have not confirmed their marital status.
- Children born from such a marriage are considered illegitimate.
- Both parties are free to marry again without committing the crimes of polygamy and
bigamy.
c) Irregular Marriage (Fasid)
A marriage becomes irregular due to a lack of formality or the presence of an impediment that
can be overcome. This irregularity, however, is not permanent and can be corrected. As a result,
the marriage itself is not illegal. It will become valid once the prohibitions are removed.
Marriage in such circumstances or with following prohibitions are called 'Fasid'.
Characteristics of Fasid Marriage
- It exists until and unless it is terminated by law.
- Both wife and children are entitled to maintenance.
- After confirmation, the marriage becomes legally binding.
- Both the husband and the wife have the right to terminate the marriage at any time.
- Wife is required to observe Iddat during the husband's death or divorce with him.
- Children born outside of marriage are fully legitimate and have the right to inherit.
- Mutual inheritance is not permitted between husband and wife.
2) Temporary Marriage (Muta Marriage)
This type of marriage is practised among the Shia sect's Ithna Ashari, also known as 'pleasure
marriage,' while all other Muslim sects condemn it. Ithna males can marry as many wives as they
want as long as they are Muslim, Jewish, or fire worshippers, but Ithna females can only marry
Muslims. All terms of the marriage must be mentioned when the contract is signed, and any term
added later is invalid. But, in the case of Sunni, Muta Marriage is prohibited.
Bigamy in Islam
In Muslim law bigamy envisages two women happily married to the same man actually living
with him and getting from him equally all that a wife can expect from her husband.Where this is
not possible, the Qur'an enjoins the husband to remain a monogamist. Bigamy of the type now
prevalent in India, in which the first wife is completely abandoned and thus tortured, and a
second wife is permitted to usurp her place in the husband's home, is not sanctioned in Islamic
legal texts.
Polygamy in islam
According to Muslim law, a Muslim man can marry and support four women or spouses at the
same time. Such a relationship is recognised and legal under Muslim personal law. While a
Muslim man can have four wives at the same time, the same cannot be said for a Muslim
woman. Polygamy is legal in Islam, but it is not encouraged, and the Quranic injunctions show
that perfect equality of treatment on the husband is, for all practical purposes, impossible to
achieve. As a result, according to Indian Muslim law, polygamy is an institution that should be
tolerated but not encouraged.
From the above mentioned discussion of marriage, under muslim law it is clear that, there is
no legal issue for marrying two woman and lead conjugal life.
PART B
The term guardianship (Wilayat) refers to the care of a minor. The Quran is a fundamental law
relating to the concept of guardianship. In the case of minors, Muslim law distinguishes between
guardian of the person, guardian of the property, and guardian for the purpose of marriage
(Wilayat-ulnikah). In other way, A wali is the bride's legal guardian who is in charge of her life
prior to marriage. It is his responsibility to ensure that the proposed groom is a dependable and
trustworthy individual who will continue to fulfill his role and responsibility to the bride after
marriage.
Definition of Minor
A minor is someone who has not reached the legal age of majority. Puberty and majority are
assumed to have occurred at the age of 15 However, the Indian Majority Act 1875 now governs
Muslims in India. Except when it comes to marriage, divorce, and Mehr.
The following are the current positions on the age of majority:
- The age of majority for marriage, dower, and divorce is fifteen years. At this age, he or
she is free to do whatever he or she wants in relation to these three issues.
- According to Section 2 of the Child Marriage Restraint Act of 1929 (as amended in
1978), the minimum age for male marriage is 21 and for female marriage is 18[1].
- The general age of majority is fifteen years. In terms of guardianship after a person
reaches puberty, Muslims will be governed by the majority act, which stipulates that the
age of majority is 18.
Types of guardianship
1) Guardianship in marriage (jabar)
Marriage is frequently contracted on behalf of minors by their guardians. The father has the
authority to impose marriage status on his minor children. This power of imposition is named
'jabar', the abstract right of guardianship (wilayat) and therefore the guardian so empowered is
understood as 'Wali'. Father, father's father, mother, maternal relations, full brother and other
male relatives, Qazi, or the Court are frequently appointed as guardians. Testamentary guardians
for marriage are not recognised, and marriage performed by a distant guardian is null and void.
Because an apostate cannot be a guardian for marriage in the Muslim system, the marriage of a
minor girl contracted by her mother against the consent of her father, who converted to a
different faith, was deemed valid.
2) Guardianship of person of minor for custody
A mother is only the child's de facto guardian. In Hanafi law, the mother has custody of her male
child until the child reaches the age of seven, and of her female child until the child reaches
puberty. In the case of shia law, up to two years for a male child and seven years for a male child.
The mother has no authority to carry out Waqt on behalf of the minor.
Such an execution is null and void because she has no right to it. If the mother dies, custody is
transferred to the mother's mother, the father's mother, the full sister, the uterine sister, the
consanguine sister, the full sister's daughter, the uterine sister's daughter, the consanguine sister's
daughter, the maternal and paternal aunts. This right is forfeited if the mother leads an immoral
life, is negligent in taking proper care of the child, marries a person not related to the child of
prohibited degrees, divorces during the subsistence of marriage, and lives far from his father's
residence.
If all of the above-mentioned females fail to gain custody of the minor, custody passes to the
father, and if the father fails, custody passes to the father's relatives. An illegitimate child legally
speaking belongs to neither the father nor the mother of the child and is filius nullius in every
sense, but for the purpose of support and betterment, it is left to the mother until the age of seven
years, after which it can make his/her own choice.
3) Guardianship of Property
A) De-Jure Guardianship (legal or natural guardian)
The minor's property is guarded by the father, executor appointed by the father's will, father's
father, executor appointed by the will of father's father. The guardian has the authority to sell
immovable property to the minor for maintenance purposes. In the following circumstances, the
legal guardian may deal with the minor's property:
1. When there are obligations of the deceased and no other means of payment and the
transaction is absolutely necessary for work and support
2. When the cost of the property is doubled, the costs exceed the pay, and the property rots.
3. Where property has been usurped and the gatekeeper has reason to believe that no
reasonable compensation is available.
B) Certified guardianship
Without a legal guardian, the responsibility of appointing a guardian to ensure and protect the
minor's property falls to the Court. The Court takes over the minor's government assistance. A
lawful guardian of a minor's property has the authority to sell or pledge the minor's merchandise
and belongings for the minor's necessities.
C) De Facto guardian
A de facto guardian is merely a custodian of the minor's person and property, but has no
authority over the property. He has only duties to the minor's individual or property or both, but
no rights in this regard. They are normally the family members of the minor yet without rights to
be the watchman under the Islamic law. He is an impertinent busybody (Fazooli) with the minor's
property and lacks the status or position to distance himself from it without the Court's
permission. He lacks the power or position to separate the minor's property. A deal made by a
true gatekeeper of the minor's unwavering property without Court authorization is null and
voidable.
** Although the mother has primary custody of the child, this does not mean that the father has
no rights. The nature and extent of the mother's right to custody was considered by the Privy
Council in Imambandi V. Mutsaddi, and it was held that under Muslim law, the mother is
completely entitled only to the custody of the person of her minor child until the child reaches a
certain age based on the child's gender. However, she is not the natural keeper of the hold. The
father is the child's sole natural guardian.
A mother does not lose custody of her infant children simply because she is no longer the spouse
of her previous husband; rather, where she marries a subsequent husband, particularly where he
is a fit and legitimate individual to be named a gatekeeper of the individual of his children; and
surprisingly, a stage cousin can be liked by the court.
In case of Zynabi Bi V. Mohammad Ghouse
There were four children of the marriage, three daughters and one son, the youngest child. Their
ages were seven, five, three daughters and one year and ten months, respectively. After some
time Ghouse married a second wife but the marriage was dissolved by Khula. All the children
resided with the mother but one day the husband came and forcibly took away two of the
children, a girl aged five and the boy aged one year and ten months. Zynab there upon preferred
a petition under the Guardian and Wards Act for the custody of her two children. It was held that
she was entitled to her children and the fact that she stayed separately from her husband was not
a disqualification.
From the above mentioned discussion, we have a clear idea about guardianship according to
Muslim law. According to Muslim Law, as gurdian (wali), I suggest to Ameen that marry with
one woman. Because It is easier to maintain one wife than two. In another sense, if he leads a
happy life with one wife, why does he marry a second woman?. In this case, there is no need to
marry another one. Under Islamic Law, Bigamy is valid. But Ameen must maintain and do
justice and equality with two wives. So, If he ensures equal maintenance then he can go for a
second marriage. But, It is better for him to avoid a second marriage.