Hassan Ali

LLB-4

Essentials of Marriage under Islamic

law

1. PREFACE:

Marriage or Nikah in Islam is in the nature of civil contract entered into by man and women and no
formal deed, as per Sharia, is necessary to be drawn to prove that valid marriage has come into
existence. Marriage establishes a firm bond of love, confidence, affection, and mutual trust between
the couple.
The sole purpose and object of benefiting themselves according to Shariat it is a method to legalize
the cohabitation of a man and a woman and issues out of this union are legitimate. Under Islamic
law, contract of marriage, need not to be proved through a written document.

2. Meaning of marriage:
Marriage means wedlock, the mutual relation of the husband and wife. It is a contract for the
legalization of intercourse and procreation of children.

3. Definition of marriage:
Nikkah has been defined under the section 250 of Muhammaden Law, which reads as under
 Marriage is defined to be a contract which has for its object the procreation and legalizing of
children.

 Marriage is a legally and socially sanctioned union, usually between a man and a woman

4. Hazrat Muhammad (P.B.U.H) says:

“If a person is in a position to maintain his wife and pay the amount of dower, he must get himself
married.”

5. Quranic Reference:
“And We created you in pairs.” Quran (78:8)
 6. Sanctity of Bond of Marriage:
In Islam husband and wife are like body and garments to cover each other. They shall protect each
other’s privacy and cover each other’s shortcomings and secrets. Wife should be obedient and
guardian to her husband. It is the bounden duty of husband to keep wife with love, compassion, and
provide her maintenance.

7. Objects of marriage:

Following are objects of a marriage:

 Legalization of sexual inter course

 Procreation of children
 Preservation of human race
 Regulation of social life
 Protection against illegal sex relations
 Establishment of lovely life-long companionship

8. Nature of Contract of Marriage in Islam:

Although the marriage bond between two muslims is in the nature of civil contract but is different
from contracts made under Contract Laws. Rather such a contract has its genesis in the social norms
of the Muslim society and structured upon the commands of Allah Almighty and the Sunnah of Holy
Prophet (PBUH). This contract is blended with human emotions and the sentiments.

9. Requirements for a Valid Marriage:

 Nikkah should be made publically in presence of two male witnesses or one male and two
female witnesses, who must be adult and sane muslims.
 Proposal and acceptance must be made expressly by both parties in a single meeting.
 Offer and acceptance must be ascertained and determined by nikkakhawan and other
witnesses.
 Both the bride and bridegroom should be major.
 Bride whose hand is to be given her marriage is to be ordinarily conducted by her guardian
or wali.
 10. Capacity of Parties for Marriage:
 Every Muslim of sound mind, who has attained puberty may enter into a contract of
marriage.
 Lunatics and minors who have not attained puberty may be validity contracted in marriage
by their respective guardians.
 A marriage of a Muslim who is of sound mind and has attained puberty is void, if the is
brought about without his consent.

11. Essentials of marriage:

Following are the essentials of a marriage.

I. Offer (Ijab)
There are must be offer by one party. It is also called Ijab.

II. Acceptance (Qubul)

The offer so made should be accepted by or behalf of the other party. It is called Qubul.

III. Offer and acceptance must be in the same meeting:

The offer and acceptance must both be made at the same meeting. an offer made at another
meeting do not constitute a valid marriage.

IV. Freedom:
The parties contracting marriage should be free persons. Marriage with a slave girl is permitted.

V. Consideration:
There must be some consideration in marriage which is dower. The parties are bound to fix amount
of dower at the time of marriage. A marriage without dower is void.

VI. Majority:
The parties contracting marriage should be major. The majority act does not apply on marriage,
divorce, maintenances cases. Majority means age of puberty.

VII. Persons of opposite sex:

Marriage is a contract between two persons of opposite sex. there is no concept of marriage of same
sex in Islamic personal law.

VIII. Witnesses
(a) In case of Suni marriage:
Either two male or one male and two female witnesses.
(b) In case of Shia marriage:
No witnesses is necessary.
Qualification of witnesses:
The witness should be
(i) Adult
(ii) Sane

IX. Free consent:

Marriage is only valid under free consent. No person can be compelled by guardian to marry.

12. Legal effects of a valid marriage:

Following are the legal effects of a valid marriage.
 Sexual intercourse becomes lawful.
 Issues born out are legitimate.
 The wife becomes entitled to dower
 The wife becomes entitled of maintenance.
 The husband can restrain the movements of wife in reasonable manner.
 The wife has to go under period of Iddat in case of:
o Death of her husband
o On the dissolution or divorce of marriage.
 Rules of Affinity come into operation.
 Mutual rights of inheritance are established.
 A woman does not change her status.

13. Number of Wives:

A Muslim husband may have as many as four wives at the same time, but not more. If he marries a
fifth wife when he has already four, such marriage would be irregular.

14. Registration of Marriage:

Every marriage solemnized under Muslim Law, shall be registered, in accordance with the provisions
of the Ordinance. Contravention of this provision is punishable offonce.

15. Conclusion:
To conclude I can say that marriage is not a sacrament but a civil contract between two persons of
opposite sex. Every Muslim of sound mind and has attained the age of puberty, may enter into
contract of marriage. The main essentials of marriage are proposal, acceptance, witnesses, free
consent and consideration which is called dower.