Marriage (Nikah) Muslim Marriage is a contract and there are no ceremonies required for marriage in Muslim law, only the conditions for a valid contract of marriage must be fulfilled which are: | ~ * The parties must have capacity to contract marriage ~ * There should be a proposal | * There should acceptance of proposal 4 * There should be no impediments to the marriage. =Capacity to Contract marriage Any Muslim with sound mind who has attained the age of puberty has a capacity to marry. Persons who are not of sound mind or who have not attained puberty can be married by their guardians, Marrying a person of different religion + Awoman-cannot marry any man who is not a Muslim under Muslim law + ASunni mohammedan can marry a non Muslim women if she is Kitabia (If the religion is revealed through a divine book then it is called Kitabia, Hinduism is not kitabia) + AShia mohammedan can not marry a non Muslim women even if she is a Kitabia,_ If the other person converts to Islam before marriage then there is no bar04:30 / 14:04 Proposal and Acceptance * The proposal (ijab) and Acceptance (qubul) should * the anh) a valid muslim nikah. * There should be two male witnesses male witnesses OnGue maiden two female no witnesses Proposal and acceptance should be without ambiguities and should be made by the parties themselves or by other on their behalf. * Proposal and acceptance should be expressed in one meeting * Aassurance to marry in future does not constitute 4Void and Voidable (Irregular) marriage In muslim law: * Avalid marriage is ‘sahih’. “ * A Void marriage is ‘batil’” —~ » * An Irregular marriage is ‘Fasid’”Batil Marriage - A void marriage — A married woman cannot contract another marriage while her husband is alive and the marriage is subsisting. Such marriage is void. The bar of consanguinity renders a marriage void. The following are the prohibited relationships of consanguinity, viz., aqranrs not marry (a) ascendants, e.g., mother or grandmother, how highsoever; (b) descendants, e.g., daughter or grand-daughter, how lowsoever; {c) his sister, whether full, consanguine or uterine; (d) his niece or great niece, how lowsoever; (e) his aunt or great aunt, how highsoever, whether paternal or maternal Marriage is also prohibited on ground of affinity. Thus, a man cannot marry: (a) his wife’s mother, or grandmother, how highsoever; >(b) his wifes daughter or grand-daughter, how lowsoever, if his marriage with his wife is consummated; (c) his father’s wife or any other ascendant’s wife; and. —— {@)his sons, or any othe lineal descendant’ wife Fosterage is another impediment to a valid Muslim marriage.Fasid Marriage — Irregular Marriage - Voidablé?°! A fasid marriage is a marriage i.e. with the process of removing irregularity * Without witnesses (by acknowledgement before witnesses) -~ * With is fifth wife (by divorcing one of the 4 wives) <— * With a woman undergoing iddat (by expiration of iddat period), ~ * Prohibited by reason of difference of religion (conversion of religion, women | can adopt Islam, Christianity or Jewish religion but man has to adopt Islam) | + With a woman so related to the previous wife, that if one of them had been a | male, they could not have lawfully intermarried. (by divorcing the wife who is BY SIVGIEINe Ie Wife Wio;|8 the obstacle) alana amelie HIREDTermination of a Fasid Marriage — * An irregular marriage may be terminated by either party, if the termination is before consummation it has no legal effect. * But if the termination is after consummation, then: |. Wife is entitled to dower, prompt or specified, whichever is lower Il. She is bound to observe iddat for three courses. Ill, Children born out of such marriage are legitimate * In both the cases of irregular marriage (consummated or not consummated) no legal rights of inheritance are created between the parties. SS e-”Effects of a Legal Muslim Marriage {i Sexual intercourse becomes lawful and the children born of the union are x legitimate. Sy (ii). The wife becomes entitled to her dower (mahr). u (iii). The wife becomes entitled to maintenance. Ny (iv). Mutual rights of inheritance are established. X (v). The prohibitions regarding marriage due to the rules of affinity come into operation. (vi). The wife is not entitled to remarry after the death of her husband, or after the dissolution of marriage, without observing iddat. (viii). A woman does not change her status on marriage. She remains subject to her ‘own pre-marital school of law. Neither the husband nor the wife acquires any interest in the property of the other by reason of mar