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1. INTRODUCTION
2. MEANING OF MARRIAGE
3. DEFINITION OF MARRIAGE
Hedeya
4. OBJECTS OF MARRIAGE
5. NATURE
7. ESSENTIALS OF MARRIAGE
I. OFFER (IJAB)
IV. FREEDOM
V. CONSIDERATION
VI. MAJORITY
VIII. WITNESSES
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Qualification of Witnesses
9. NUMBER OF WIVES
10. CONCLUSION
MARRIAGE
1. Introduction:
The celebration of the marriage contract is called nikah. Marriage is enjoined upon every Muslim,
and celibacy is frequently condemned by the Holy Prophet Muhammad (SAW). It is related in the
Traditions that the Holy Prophet (SAW) said, “When the servant of God marries, he perfects half
of his religion.”
2. Meaning Of Marriage
Marriage means wedlock’s, the mutual relation of the husband and wife. It is a contract for the
3. Definition Of Marriage
Hedaya
Marriage is defined to be a contract which has for its object the procreation and legalizing of
children.
Marriage is an institution ordained for the protection of society, and in order that human being
A.A. Fyzee
4. Objects Of Marriage
5. Nature
“If a person is in a position to maintain his wife and pay the amount of dower, he must get
himself married.”
(ii) Lunatics and minors who have not attained puberty may be validity contracted in marriage by
(iii) A marriage of a Muslim who is of sound mind and has attained puberty is void, if it is brought
7. Essentials Of Marriage
i Offer (Ijab)
ii Acceptance (Qubul)
The offer so made should be accepted by or behalf of the other party. It is called Qubul.
The offer and acceptance must both be made at the same meeting. An offer made at another
iv Freedom
The parties contracting marriage should be free persons. Marriage with a slave is permitted.
v Consideration
There must be some consideration in marriage which is Dower. The parties are bound to fix
vi Majority
The parties contracting marriage should be major. The majority act does not apply on marriage,
Marriage is a contract between two persons of opposite sex. There is no concept of marriage of
viii Witnesses
Either two male or one male and two female witnesses are necessary.
No witness is necessary.
c. Qualification of Witness
ii Free Consent
iv The husband can restrain the movements of his wife in a reasonable manner.
9. Classification of Marriage:
i Valid
ii Void
iii Irregular
i Valid
A marriage which conformes in all respects with the law is called valid marriage.
ii Void
A void marriage is one which is unlawful in itself, the prohibition against the marriage being
Examples:
iii Irregular
An irregular marriage is one which is not unlawful in itself, but unlawful for something else. In
Examples:
• As to legal position
• As to prohibition
• As to legitimacy
In void marriage, the children born out of union are not legitimate.
In irregular marriage, if consummation has taken place some rights and obligations are arisen.
• As to legal effect
• As to modification
The Shia Law only recognizes two kinds of marriage i.e. valid and void marriage.
12. Modes Of Avoiding Irregular Marriage
i By the court
The court can cancel the marriage if the matter is brought to its notice.
ii By husband
iii By wife
vi Neither of the spouses acquires any interest in property of the other by reason of marriage.
vii The wife has to observe the Iddat in case of death of her husband or in case of divorce.
Examples:
ii The void marriage creates no right and obligation upon any party.
iv The wife does not become entitled for maintenance and inheritance.
i The irregular marriage has no legal effect if consummation has not taken place.
ii If consummation has taken place, the irregular marriage has following effects:
16. Disabilities:
a. 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.
b. Religion:
i Difference of School
Muslims belonging to different schools may intermarry freely with one another, and a mere
difference of a school of law, such as Shiite or Sunnite, Hanafi or Shafii is entirely immaterial.
• According to Tyabji and Baillie, the rule among the Shi’ites is stricter. A Shi’ite, whether male or
female cannot marry a non-Muslim in the nikah form, but he can not contract a mut’a with a
kitabiyya.
• When a Muslim marries a Hindu woman, the marriage is only invalid and does not affect the
• D.F. Mulla is of the view that a Muslim male may not contract a valid marriage with an idolatress
or a fire-worshipper. Such marriage is not void but merely irregular. It was held in Ishan v. Panna
Lal (1928).
• The marriage of a Muslim woman with a non-Muslim is only irregular, not void. The marriage of
a Muslim woman with a non-Muslim is declared by the Quran to be batil, void and not merely
irregular.
• According to A.A. Fyzee, a Muslim woman can not marry a Christian; such a union would be
void.
• According to Ibn Kathir, marriage with an idolatress i.e. pagan woman is prohibited.
c. Foreign Marriage
• It was held in Risk v. Risk (1950) and in one another case Rex. v. Hammersmith (1917) that an
unmarried Muslim may contract a valid marriage with an English woman before a registrar in
England.
• A marriage between a Muslim and a non-Muslim woman, celebrated in a foreign country, is valid
under Islamic Law if it is performed in accordance with the lex loci contractus.
d. Relationship
i Consanguinity
This bar is on the ground of blood relationship. A marriage with a woman prohibited by reason of
ii Affinity
The wife of any ascendant or descendent. By way of exception, a man may marry the
descendent of a wife with whom the marriage has not been consummated.
iii Fosterage
A man may not, for instance, marry his foster-mother, or her daughter, or his foster-sister. A
iv Unlawful Conjunction
A man is also forbidden to have two wives at the same time, so related to each other by
consanguinity, affinity or fosterage that they could not have lawfully intermarried with each other
Under Hanafi law, generally speaking, disregard of the bar of unlawful conjunction renders the
The Holy Prophet(PBUH) is reported to have recommended marriage with fit spouses:’ Marry your
equals’. The Hanafis hold that equality (Kafa’a) between the two parties is a necessary condition
i Family
ii Islam
iii Profession
iv Freedom
v Good Character
vi Means
18. Conclusion:
In short, marriage is not a sacrament but a civil contract between two persons of opposite sex.
Every Muslim of sound mind and has attained age of puberty may enter into contract of marriag