Valid marriage contract depend on the parties

and guardian being sound mind and major

,proposal and acceptance must be made by the
consenting parties in a single sittings in the
presence of 2 prudent and major men or 1 man
and 2 females witnesses. Provided that there
should be no legal disability in the consenting
parties or parties of nature that may proved
impediment in the marriage contract
EXCEPTION: - if the parties of a marriage
contract are Shia or marriage contract
performed by Shia rites then there is no need
of witnesses for the validity of marriage
contract

Commentary: -
Jurists classified the conditions of valid
marriage contract are;
I=condition concerning the constitution of
marriage contract
ii=condition concerning the completion of
marriage contract
iii= condition concerning the validity of
marriage contract
these conditions further classified into 2 more
types
a=condition concerning the parties of a
marriage contract
a=condition concerning the marriage
congregation

CONDITION CONCERNING THE PARTIES: -

There are 2 condition concerning the parties
*First, the parties of a marriage contract must
be sound mind. mad or imprudent person is not
competent to a marriage contract. The validity
of a marriage contract by the minor depends
upon on the guardian permission
*Second condition is the age of parties of a
marriage contract. Parties of a marriage
contract must be major or attained the age of
majority. If either of them is not major, then
the marriage is not valid. However, the
guardian on the behalf of minor may make
proposal and acceptance is valid

AGE OF PUBERTY: -
=girl is legally considered major when she
begins menstruation. The earliest time of
menstruation is 9 years but in the case of her
non menstruation. According to Abu Hanifa
girl’s age of majority is 16 years
=boy is legally considered major when he gets
night pollution. The lowest time of night
pollution is 12 years. But in the absence of
evidence boy’s night pollution. According to
Abu Hanifa, boy’s age of majority is 18 years
But Abu Yusuf and Mohammad Al Shaybani the
students of Abu Hanifa have different point of
view from Abu hanif. If boy gets night pollution
and girl begins menstruation and both
complete age of 15 years, they both considered
major. According to Shia jurist Al hilli, boys age
of majority is 15 years and girls age of puberty
is 9 years

CONCENT OF THE PARTIES: -

The second condition of the valid marriage
contract is the consent of the parties. marriage
contract without the consent of the parties is
not valid. And woman consent is necessary to
it.
According to Abu Hanifa her guardian cannot
compel her whether she is virgin or widow to
enter into a marriage contract. according to
him. If she is contracted in a marriage contract
against her will, then the marriage is not valid
But according to shafii, if she is contracted in a
marriage contract by her father or grandfather
without her consent, the marriage is valid. But
if she is contracted in a marriage contract by
stranger then her consent is necessary.
CONSENT BY MIS REPRESENTATION OR BY
COMPLUSION; -
The consent of the parties must be obtained
without coercion. if the consent is obtained by
the mis representation then the marriage is not
valid till to the ratification.
If the man by mis representation make ma
believe to the woman that he belongs from the
certain lineage but in actual he does not
belongs to it then the woman has the right to
dissolved the marriage contract but if a man ,
by misrepresentation, makes a believe to the
woman that he belongs from the certain
lineage but in actual he belongs from more
respectful in such case woman has no right to
dissolve the marriage contract