CONCEPT OF MUSLIM MARRIAGE

Nature of Muslim Marriage

Muslim marriage, also known as Nikah, is a sacred and legal contract between a man and a woman
that is recognised by Islamic law. Nikah is a religious and social institution that aims to create a bond
between two individuals that is based on mutual respect, love, and understanding. In Islam, the main
goal of marriage is to have children (procreate) and give them a place to grow up where they can feel
safe and cared for. People also believe that marriage can bring spiritual satisfaction and make a
person closer to God.

Scope of Muslim Marriage

In terms of scope, Nikah is a comprehensive agreement that covers the rights and obligations of both
partners. It has rules about paying dowry, what the husband and wife are responsible for, and how to
get a divorce. In the Nikah contract, Islamic law stresses how important it is that both parties agree
and are free to do what they want. Because of this, both parties must agree voluntarily to the terms
and conditions of the contract for it to be legal.

The nature of Muslim marriage is one of mutual responsibility, respect, and cooperation between
partners. Both parties have rights and responsibilities in the marriage contract. Men are expected to
provide financial support to their wives and children, while women are responsible for the care and
upbringing of their children and the maintenance of the household. In addition, both partners are
expected to treat each other with kindness, compassion, and love.

Difference between Hindu and Muslim Marriage

Hindu and Muslim marriages differ in their rituals, customs, and legal requirements. Here are some
of the key differences between the two:

Marriage Ceremony: The Hindu marriage ceremony takes a long time and includes many rituals and
traditions, such as Kanyadaan, Saat Phere, and Sindoor. In contrast, the Muslim marriage ceremony is
fairly simple and straightforward, consisting of prayers and an exchange of vows.

Legal requirements: Hindu marriages do not have to be registered with the government, but Muslim
marriages must be registered with the government in order to be valid. Muslim marriage is in the
form of an agreement

Polygamy: Muslim men are allowed to have up to four wives at a time, whereas Hindu marriages are
monogamous, with one man and one woman being united in matrimony.

Divorce: Both Hindu and Muslim marriages allow for divorce, but the steps and requirements are
different.In Hindu marriages, divorce is granted through court proceedings, while in Muslim
marriages, a man can divorce his wife by saying “Talaq” three times.

Dowry: Dowry, the payment of a sum of money or other assets from the bride’s family to the
groom’s family, is not practised in Muslim marriages. But it is a common practise in Hindu marriages,
even though it is against the law in India.

In Islam, marriage is seen as a legal contract between two people who agree to it. It spells out each
person’s rights and responsibilities towards the other. This contract is called a “nikah” and is typically
overseen by an Islamic religious authority or a civil judge, depending on the country and culture. The
concept of marriage as a contract in Islam is based on the idea that marriage is a serious and binding
commitment that should be entered into with full understanding and intention. The contract outlines
the terms of the marriage, including the rights and responsibilities of both parties, any financial
arrangements etc. . The contract can also include conditions and provisions that are important to the
couple, such as custody of children or inheritance arrangements.

In Hinduism, marriage is considered a sacred union between two individuals and is often
accompanied by religious ceremonies and rituals. Unlike in Islam, Hindu marriage is not considered a
legal contract but rather a spiritual bond between two souls. However, there are legal procedures
and requirements that must be followed in order for a Hindu marriage to be recognised by the state,
such as obtaining a marriage certificate. The ceremony itself involves a series of rituals and customs,
such as the exchange of garlands and the tying of the mangalsutra (sacred necklace), which
symbolises the couple’s commitment to each other. The ceremony is usually performed by a Hindu
priest and is considered a sacred and joyous occasion for both families.

Overall, while both Hindu and Muslim marriages share the common goal of uniting two people in
matrimony, they differ in their religious beliefs, customs, legal requirements, and social practices.

Essential conditions of a Muslim Marriage

There are several essential conditions that must be met for a Muslim marriage to be valid:

Consent: Both the bride and groom must freely and willingly consent to the marriage. In Islam,
forced marriage is not allowed.

Witnesses: At the time of the marriage contract, at least two Muslim witnesses must be present to
confirm the marriage.

The offer and acceptance: The bride and groom, or their representatives, must verbally agree to the
marriage, with the groom offering and the bride accepting.

Mahr: A mahr is a gift that the groom must give to the bride at the time of the marriage. It is a
symbol of his commitment to her, and it becomes her property.

Legal capacity: Both the bride and groom must have the legal capacity to marry. This means they
must be mentally and physically mature and not already married to someone else.

The absence of any legal impediments: The marriage must not be prohibited by Islamic law. For
example, a Muslim man cannot marry a non-Muslim woman, and a Muslim woman cannot marry a
non-Muslim man.

The marriage must be officiated by a person with the right to do so, like an imam. This person will
make sure that all of the other requirements have been met.

It is important to keep in mind that, even though these conditions must be met for a Muslim
marriage to be legal, they may be a little different depending on the culture or law where the
marriage takes place.

CLASSIFICATION OF MARRIAGE

 Sahih (valid) marriage

Sahih marriage, also known as Nikah, is the most common kind of marriage under Muslim law. It is
considered the only valid and lawful form of marriage, as it is in accordance with the principles of
Islam. In a Sahih marriage, the parties enter into a permanent and stable union, with the intention of
living together as husband and wife for the rest of their lives.

The marriage is based on mutual consent and the parties are free to negotiate and agree upon the
terms and conditions of the marriage.

Characteristics of Sahih Marriage

 It is a permanent and stable union, which is intended to last for the rest of the parties’ lives.
 It is based on mutual consent and agreement and both parties must freely and voluntarily
consent to the marriage.
 The marriage must be conducted in accordance with the principles of Islam, which include
the presence of witnesses, the payment of a dower (mahr) to the wife and the recitation of
certain formulae.

Legal Requirements

 A proposal made by one party and accepted by the other.

 The marriage takes place in front of witnesses. Under Sunni law, the presence of two males
or one male and two females who are sane, adult and Muslim is required. Under Shia law,
the presence of witnesses is not essential at the time of marriage.
 The proposal and acceptance take place in the same meeting.
 The parties are capable of marrying, meaning they should be of sound mind and at the age
of puberty. According to Hedaya, the age of puberty for girls is nine years and for boys is 12
years.
 The parties are capable of giving free consent. In the case of minors or lunatics, the consent
of a guardian on their behalf is admissible.
 There should not be any legal disability, whether absolute (consanguinity, affinity, fosterage)
or temporary (unlawful conjunction, polygamy, absence of proper witnesses, marriage with a
woman undergoing iddat, different religions).

Consequences

 After fulfilling all of these conditions, the marriage becomes valid, meaning it gives rise to
mutual duties and obligations that the husband and wife must follow during the course of
their marriage. Sexual intercourse becomes lawful and children born out of a valid marriage
are considered legitimate.
 The parties become entitled to inherit each other’s property and the wife is entitled to
dower and is obligated to observe iddat in case of dissolution of marriage or death of the
husband.

Batil Nikah

A void marriage, also known as a Batil Nikah, is a marriage that fails to meet the necessary conditions
for a valid marriage. In such a marriage, no legal rights or obligations are recognised. The following
types of marriages are considered void:

 Marriages between parties who are closely related by blood.

  Marriages that are prohibited by reason of affinity.
 Marriages with a foster mother or foster sister. Sunni law recognises an exception for
marriages with the foster mother of one’s sister or foster sister’s mother, foster son’s sister
or foster brother’s sister.
 Marriages with a woman who is undergoing iddat (the period of waiting after divorce or
death of the husband) under Shia law.
 Marriages with a fifth wife.
 Marriages with someone else’s wife, provided her marriage is still valid.

Consequences

The consequences of a void marriage are that it does not confer any legal obligations or rights on the
parties involved. The wife is not entitled to dower or maintenance and any children born out of the
marriage are considered illegitimate and have no right to inherit property. The parties are not
required to follow legal divorce procedures and can simply separate and marry someone else
without any legal formalities.

Fasid Nikah

An irregular marriage, also known as a fasid marriage, is considered an invalid marriage because it
does not fulfil all of the necessary conditions for a valid marriage.

However, this type of marriage in Islam can be converted into a valid marriage by removing the
irregularities. The concept of irregular marriage is recognised only under Sunni law, as Shia law does
not offer a middle path between valid and void marriages.

Under Sunni law, the following marriages may be considered irregular:

 Marriage without witnesses. The parties may remarry in the presence of witnesses to make
their marriage valid.
 Marriage with a fifth wife. It will be valid if the husband divorces one of his four wives and
then marries the fifth one.
 Marriage with a woman in her iddat period. The marriage will be valid if contracted after the
expiration of the iddat period.

If an irregular marriage has been consummated, the wife is entitled to dower and must undergo
iddat under Islamic Law. The children born from such a marriage are legitimate. If the irregular
marriage has not been consummated, the wife is not entitled to dower and the parties can separate
without legal formalities.

Temporary Marriage (Muta Marriage)

Muta marriage is a temporary marriage contract that is prevalent in Shia Islam, although it is not
recognised by Sunni Muslims. This kind of Muslim marriage is a fixed-term marriage contract that
specifies the length of the marriage, which can range from a few hours to several years. The marriage
is automatically dissolved when the term of the contract expires, without the need for a formal
divorce.
The main significance of Muta marriage is that it provides a way for individuals to engage in a
temporary marital relationship without violating Islamic law. In situations where a permanent
marriage is not feasible, such as when a man is travelling or when a woman is in need of financial
support, a temporary marriage can be a solution.

It is important to note that Muta marriage is not considered equivalent to permanent marriage and
the rights and responsibilities of the parties to a Muta marriage are different from those in a
permanent marriage.

Legal Requirements for a Valid Muta Marriage

For a Muta marriage to be valid under Muslim law, certain legal requirements must be met. These
include:

Consent: Like all other forms of marriage under Muslim law, the parties to a Muta marriage must
have the capacity to consent to the marriage. This means that they must be of sound mind, free from
coercion and must have reached the age of puberty.

Offer and Acceptance: The marriage contract must be made through an offer and acceptance by the
parties involved. The offer must be made by the man and the acceptance must be made by the
woman.

Mahr: The man must pay a fixed amount of money or property to the woman as a gift or dowry. This
is known as the Mahr and it is a mandatory requirement for all types of Muslim marriages.

Witnesses: Like in all other types of Muslim marriages, the Muta marriage must be witnessed by two
male witnesses or one male and two female witnesses who are of sound mind and of Muslim faith.

Characteristics

There are some specific characteristics of Muta marriage that distinguish it from other forms of
marriage under Muslim law. These include:

Fixed-term contract: The marriage is for a specified period, which is agreed upon by the parties
involved.

No automatic right to inheritance: Unlike permanent marriages, the parties to a Muta marriage do
not have an automatic right to inherit from each other.

No automatic custody of children: The mother does not have an automatic right to the custody of
any children born out of the Muta marriage.

Criticisms and Controversies Surrounding Muta Marriage

Muta marriage is a controversial practice that has been criticised by some Muslim scholars and
human rights groups. Some of the criticisms and controversies surrounding Muta marriage are:

Morality: Critics argue that temporary marriages violate the Islamic concept of morality and decency.

Exploitation: Some critics argue that Muta marriage can be a form of exploitation of vulnerable
women, especially those in need of financial support.

Legal status: Muta marriage is not recognised by the Indian legal system, which means that women
in Muta marriages may not have legal protection if they face abuse or violence.
Effects of a valid Marriage:

The following are the legal consequences of a legitimate (Sahih) marriage:

(1) The husband and wife's cohabitation is recognized as legal.

(2) Children born from a legal marriage are legitimate and have the right to inherit their parents'
assets.

(3) Inheritance rights are created for both the husband and the wife. That is, after the husband's
death, the wife is entitled to inherit the husband's property, and after the wife's death, the husband
is also entitled to inherit her property.

(4) A prohibited marriage relationship is established between the husband and wife, and each of
them is prohibited from marrying the other's relations under prohibited degrees

. (5) The wife's right to dower is completely established only after the marriage is completed.

(6) With immediate effect, the marriage grants the wife the right to maintenance from her husband.

(7) After the dissolution of the marriage, the widow or divorced wife is required to observe the Iddat,
during which time she is not permitted to remarry.

(8) Under Muslim law, a woman's legal status is unaffected by marriage. Her personality is distinct
from her husband's. Even after marriage, a wife remains a member of the same school of law of
which she was a member before the marriage.

That is, if a Shia woman marries a Sunni, she retains her Shia status and is subject to Shia law after
the marriage. Both the husband and wife have the right to buy and sell their property on their own.

LEGAL EFFECTS OF VOID CONTRACT

The following are the most important social and legal ramifications of a void marriage:

1. The marriage is void-ab-initio, which means that it is void from the very first day of the marriage,
even though it is consummated.

2. A void marriage does not give the parties any civil rights or bind them to any legal obligations.

3. The right to obtain maintenance after divorce is lost if the marriage is found to be invalid.

4. If any children are born from a void union, they are considered illegitimate and have no right of
succession or inheritance.

5. In the case of void marriages, the partners are not required to receive a divorce decree. They will
simply split up without having to go through any legal wrangling.

LEGAL EFFECTS OF IRREGULAR MARRIAGE

The following are the ramifications:

1. Once the marriage is consummated, the wife has no right to dower from the husband if he
divorces her.

2. The wife is not bound by the iddat law, which prohibits remarriage within three months of divorce
if the marriage has not been consummated.

3. During the three-month iddat period, the wife has no right to maintenance from the husband.
 4. If the irregular marriage is consummated and children are born, the children will be considered
legitimate and will be entitled to all inheritance rights.