Introduction
Islam allows marriage to be legalized as a matrimonial relationship. It also creates families and promotes love. Islam, like Hinduism is a strong advocate for marriage. The Muslim view of marriage differs from that held by Hindus. According to them, marriage is not just a civil contract but a sacrament. Many philosophers believe that marriage is a religious obligation in Islam. To legally fulfill one’s dream of having children, everyone must marry.
The basis of Muslim law is derived from many codified and uncodified sources, including the Quran, Ijma and Qiyas, customs and urf, precedents and equity, and other legislations. There are four major sunni schools of thought: hanifa (hamabli), (maliki) and shafai. They all recognize the validity of each other and have been involved in legal debates over the centuries. India’s dominant school of Islamic law, Hanifa.
These are the essential elements of a Muslim Niqah
- Parties must be able to wed.
- Proposal (ijab), and acceptance (qubool).
- Complimentary consent by both parties
- A consideration (mehr).
- No legal Impediment.
- Sufficient witnesses (different for sunni and shia).
Classification of Marriage
Valid (sahih)
If all legal requirements have been met and there are no restrictions affecting the parties, the marriage will be valid or’sahih. Temporary or permanent prohibitions may be applied. If permanent prohibitions are in place, the Marriage Law will be null.
Effects of a Valid wedding
- Cohabitation between husband and wife is legal.
The children born from a valid marriage are legal and have the right to inherit their parents’ properties. - Mutual inheritance rights between husband and wife are established. This means that the wife can inherit the husband’s property upon his death and the husband may inherit his wife’s property after her death.
- A prohibited relationship is established between husband and wife for the purposes of marriage. Each of them are prohibited from marrying the relations of the other within prohibited levels.
- The right of the wife to claim dower is fully established after the marriage has ended.
The wife receives immediate maintenance from her husband as part of the marriage. - After the dissolution or divorce of a marriage, the widow/divorced spouse is required to observe the Iddat. During this time she can’t remarry.
Void (Batil)
The annulment of a marriage does not create any rights or obligations. Any children born from such a marriage are also void. Unlawful marriages are those that violate the rules of blood, affinity, or fosterage. A marriage with another woman or a widowed spouse during the iddah period also is null.
Irregular (Fasid)
A marriage can become irregular if it lacks some formality or if there is an impediment that can be fixed. However, this irregularity does not have to be permanent and can be corrected. The marriage is valid as it is. Once the prohibitions have been removed, it can be made legal. These circumstances, or the following prohibitions, are considered ‘Fasid’.
1. A marriage is not legally binding if there aren’t enough witnesses.
2. A marriage with women during the Iddat period
3. A woman can marry another woman without consenting to it if she is deemed necessary.
