MUSLIM MARRIAGE IN INDIA
Marriage is a social institution giving mutual rights and obligations. In India, family law does not differ from state to state. Only Hindu and Muslim religion have schools and no other community/religion has school. Muslim Marriage in the case of Hindus schools have regional connotation unlike Muslims. Under Muslims, marriage is treated to be a contract and not a sacrament i.e. not believed to be a holy order or a knot tied by God but a conjugal contractual relationship mainly aimed at reproduction. Here you can go through the different essentials of Muslim marriage.
WHO IS A MUSLIM?
A person is said to be a Muslim:
- If he is a Muslim by origin
- If he is a Muslim by conversion
- If he/she is the one who profess Islam
WHAT IS MUSLIM MARRIAGE?
There are many definitions which describes muslim marriage in their own ways. Some of them are:
- Wilson: Muslim marriage is contract for the purpose of legalizing sexual intercourse and procreation of children.
- Schacht: nikah is a contract of civil law, and it shows trace of having developed out of purchase of bride by giving neptual gift (sadak).
- Justice Mahmood: Muslim marriage is a civil contract upon the completion of which by proposal and acceptance. This marriage is not a sacrament.
Minimum age for Marriage According to Muslim Marriage Rules
What is the minimum Muslim Marriage Act India age? Minimum age of marriage in Muslims was the age of puberty but the Indian child marriage restraint act restrain the marriage of minors and set the bar for legal marriage in Muslims at the age of attaining adultery which is 18 years for girls and 21 years for boys
TYPES OF MARRIAGE UNDER MUSLIM LAW IN INDIA
- Nikah (permanent marriage): under Shia school of law for a valid nikahino witness is required there is proposal and acceptance with a sadakbut under sunni law for a valid nikah there must be presence of atleast 2 witnesses.
- Muta marriage (temporary marriage): a muta marriage is a pre Islamic arab notion where the women were used asa a source of entertainment in her tents where men had to pay certain entrance money and shared no mutual rights and obligations. If a child is begotten he belonged exclusivey to the mother. This practice is still recognized by
- Kitabia (Inter-sect marriage): according to Shia school inter-religious marriage is null and void. But Sunni school allows kitabia marriage. A
kitabiaia a person who believes in a holy book. Christians, Jews (not sikh). But a kitabia marriage is allowed only between muslim male and a kitabia woman and not between muslim female and a kitabia male. In words of Mulla “Sunni females marrying a non-Muslim is not void, but irregular”
CLASSIFICATION OF MARRIAGE
Here are some essentials of Muslim Marriage.
Sahih: valid marriage
- Marriage should be done between parties of full capacity.
- All consequences of valid marriage flow into.
- Status of husband and wife is maintained.
- Legal intercourse is allowed
- Mutual rights and inheritance comes into existence.
- Wife is entitled to maintenance.
- On dessolution of marriage husband cannot marry wife’s sister.
- Legitimate children
Batil: void marriage
- Such a marriage is void ab initio
- It is no marriage at all hence no legal consequences flow into.
- No status of spouse
- Illegitimate children
- No mutual obligations
- No capacity to marry
- Such a marriage is said to be a marriage merely because the two people have undergone necessary formalities.
Fasid( irregular marriage):
- Temporary marriage
- Voidable –valid until voided
- Can be validated by removing irregularities.
LEGAL DISSABILITY: WHO CANNOT MARRY
In Muslim law a marriage is not possible under certain circumstances at all fronts which is called legal disability. These circumstances are as understated:
- Absolute legal disability: such a marriage is void as a result of which the children are illegitimate. The parties are absolutely barred to marry. It includes consanguinity, affinity and fosterage
- Directory legal disability: it is not possible for a man to marry a pregnant woman at any cost.
- Relative legal disability: it is the irregular marriage which can be the result of unlawful conjugation, difference of religion, absence of witness,iddat, marrying with a sick man, marriage in maccamedina.
- prohibitory legal disability: it includes polyandry and marrying a non-Muslim except kitabiawoman
Conclusively we can state that the Muslim marriage although is a contract provides women with a sense of safety and security at the hands of Muslim male. Marriage is still considered to be a moral duty amongst the Muslims even if in law it may be termed as a contract providing it only and only civil nature. Prophet Mohammed while laying down the essential of valid marriage kept women at a higher stature then men, thinking that the following generation would maintain the sanctity of this relationship.
Registration of Muslim marriage
Muslim marriage can be registered under the Muslim marriage act in Indian constitution, as well as under the special marriage act in the registrar’s office. After themarriage has been registered a certificate of registration will be given by the registrar. Muslim marriage can also be registered under the special marriage act, for that a marriage must be solemnized by following special marriage acts provision.
Our team of marriage lawyers can be consulted and can be called for guidance in solemnizing and registering a legal Muslim marriage. Our practitioner lawyers are expertise in field of Muslim marriage and have years of practice experience in validation of Muslim marriage.