FAMILY LAW - I

PRESENTATION
MADE BY,
PUKHRAJ CHATURVEDI
B-36
BBA LLB SEM-IV
TOPIC – NATURE OF MUSLIM
MARRAIGE
RIGHTS & DUTIES
MUTUAL RIGHTS AND OBLIGATIONS:

• Preservation of chastity and security of gaze Companionship inside and outside home
• Emotional and sexual gratification
• Procreation and raising of any children by mutual consultation
• Agreement to live together in a mutually agreed country and establish their matrimonial home therein.
• Working collectively towards the socio-economic welfare and stability of the family Maintaining their
individual property rights but contributing to the welfare of thefamily according to their capacity
• Maintaining social contacts with family and friends mutually beneficial for the family
OBLIGATIONS OF THE HUSBAND

• not to abuse his wife/child(ren) verbally, emotionally, physically, or sexually

desert
• be absent from the marital home for more than 60 days unless by mutual
agreement withhold economic contribution towards his wife/family sexually
transmit disease or other transmissible diseases misuse /interfere with the
wife’s property
OBLIGATIONS OF THE WIFE:

• not to abuse her husband/child(ren) verbally, emotionally, physically, or

sexually desert/be absent from the marital home for more than 60 days
unless by mutual agreement
• sexually transmit disease or other transmissible diseases
• misuse/interfere with the husband’s property
COMPOSITES OF MARRIAGE IN ISLAM

• Mahr is the consideration for the contract of marriage between the parties. It may be in the form of money
and/or goods given by the Bridegroom to the Bride in consideration for the marriage. It is an essential
element of Muslim marriage and is exclusively reserved for the use of the female partner. Mahr payable by
the Husband at thetime of signing of marriage contract.
• Dower-amount paid by bridegroom to bride
• Witnesses-
According to Islamic law, a witness should be sane, adult and reliable. This requirement is gender/faith neutral.
Hence, the Muslim Marriage Certificate requires to be witnessed by ‘two adultwitnesses of good character’.
ASPECTS OF MARRIAGE

• VALID MARRIAGE (SAHIH)

• Under the Muslim law, a valid marriage is that which has been constituted in accordance withthe essential
conditioned prescribed earlier. It confers upon the wife; the right of dower,maintenance and residence,
imposes on her obligation to be faithful and obedient to her husband,admit sexual intercourse with him &
observe Iddat
• VOID MARRIAGE (BATIL)
• A marriage which is unlawful from it’s beginning. It does not create any civil rights or obligations between the
parties. The offspring of a void marriage is illegitimate. They areoutcome of-(a) Marriage through forced
consent.(b) Plurality of husband.(c) Marriage prohibited on the ground of consanguinity.(d) Marriage
prohibited on the ground of affinity.(e) Marriage prohibited on the ground of fosterage.
• iddah
• is a period after a divorce, during which a woman may not marry another man. The period is calculated on the number of menses
that a woman has, usually three was intended to ensure that the male parent of any offspring produced after the cessation of a nikah
would be known.

• Iddat after death of husband

Qur'an prohibits widows to engage themselves for four (4) lunar months and ten (10) days after the death of their husbands
CONCLUSION

• After analyzing thoroughly the system of Islamic marriage a reasonable and prudent way
of thinking would always conclude that the Islamic personal law with regards to marriage and
divorce need to be changed a lot so to maintain its status in modern society . Marriages in
Muslims have a nature of civil contract. Marriage is necessary for the legitimization of a child.
When the marriage is done in accordance to the prescribed norms it creates various rights
and obligations on both the parties.. It is evident that the position of man and woman in the
social set up of the community, is equal in every respect, but keeping in view the mindset of
both the genders, Islam segregates the rights, duties and functions of both the gender and
then declares their status with regard to family matters.