The
Muslim marriage is governed not by the Indian Majority Act, 1875 but by Muslim law
itself. According to Muslim Law, Marriage / Nikah is a contract underlying a permanent
relationship based on mutual consent.
Proposal and Acceptance
Competent Parties
No legal Disability
Absolute Prohibition
There
is absolute prohibition of marriage in case or relationship of consanguinity which
means the relationship of the person through his/her father or mother on the ascending
side, or through his or her own on the descending side. Marriage among the persons
related by affinity, i.e., through the wife is not permitted. Marriage with foster
mother and other related through such foster mother is also void.
Unlawful
conjunction Marrying a fifth wife Marrying a woman undergoing iddat Marrying non-Muslim
Absence of proper witnesses Woman contracting a second marriage during the subsistence
of the first marriage. The following marriages are also prohibited: Marrying pregnant
women Marrying own divorced wife Marrying during pilgrimage.
Procedure for Muslim
Nikah:
According
to Muslim Law it is absolutely necessary that a man or someone on his behalf and
the woman or someone on her behalf should agree to the marriage at one meeting and
the agreement should be witnessed by two adult witnesses. The words conveying proposal
and. acceptance must be uttered in each others presence or in the presence of their
agents, who are called Vakils or Qazi. The other condition for a valid marriage
is that the transaction must be completed at one meeting. A proposal made at one
meeting and an acceptance at another meeting does not constitute a valid marriage.
There must be reciprocity between offer and acceptance. The acceptance must not
be conditional. Under the Sunni Law, the proposal and acceptance must be made in
presence of two males or one male and two female witnesses who are sane, adult and
Muslim. Under Shia Law, witnesses are not necessary at the time of marriage. They
are required at the time of dissolution of marriage. The parties contracting marriage
must be acting under their free will and consent. Polygamy The law permits a Muslim
man four wives if he treats all of them equally. Since it is one of the religious
practices it is claimed to be immune from any legislative enactment.
Dower or Mahr:
Dower or mahr is an obligation imposed upon the husband at the time of the marriage
as a mark of respect to the wife. It can be received by the wife by instituting
an action as if it was a debt due to her. Dower can be in cash or in kind. It is
divided into two parts one called prompt payable at the time of marriage before
the wife can be called upon to enter into conjugal domicile and the other deferred
to be discharged when the specified event occurs and on demand made by the wife.
Till the dower is paid the widow has the right to retain possession of her husbands
property.
Divorce:
Marriage under Islam is only a civil contract and not a sacrament. A husband can
leave his wife without any reasons merely by pronouncing the word Talak thrice.
However, for a Muslim woman to obtain divorce certain conditions are necessary.
The husband and the wife with mutual agreement can also put an end to the marriage.
No marriage can be
registered unless the following conditions are fulfilled:
A ceremony of marriage has been performed between the parties and they have been
living together as husband and wife. Neither party has at the time of registration
more than one spouse living. Neither party is an idiot or lunatic at the time of
registration. The parties have completed the age of twenty one years at the time
of registration The parties are not within the degrees of prohibited relationship
The parties have been residing within the district of the Marriage Officer for a
period of not less than thirty days immediately preceding the date on which the
application is made to him for registration. On receiving the application signed
by both the parties the Marriage Officer shall give public notice and after allowing
30 days for objections and on being satisfied that all the conditions are fulfilled
he shall enter a certificate in the marriage certificate book, which shall be signed
by the parties and three witnesses. Voidable MarriagesVoidable marriages are those
which are void at the option of the aggrieved party. Such marriages can be annulled
by a decree of nullity on any of the following grounds: That the marriage has not
been consummated owing to the impotence of the Respondent. That the marriage is
been performed with a person of unsound mind or having a mental disorder or suffering
from recurrent attacks of epilepsy That the consent of the Petitioner or its Guardian
was obtained by force or by fraud as to the nature of the ceremony or as to any
material fact or circumstances concerning the Respondent. To succeed on this ground,
it is necessary that the Petition must be presented in the Court within one year
after the force has ceased to operate or the fraud has been discovered. It is also
necessary that after the force has ceased or fraud discovered, the Petitioner has
not, with consent, lived with the other side.