Muslim Matrimony

Muslim Marriage Laws in India: Formalities, Polygamy, Divorce and Remarriage

Muslim marriage law is quite different from the marriage laws of other religions. This article will tell about all the marriage laws that every Muslim in India should know about. Marriage or Nikah is not a religious ceremony in Islam (as in Hinduism), but a civil contract between a man and a woman to live as husband and wife. From a religious point of view, Muslim marriage is also a religious act, that is, worship. The Prophet has said that marriage is obligatory (wajib) for every physically fit Muslim, that marriage is equivalent to jihad (holy war), the one who marries fulfills half his religion, while the other half lives a virtuous life. Leading is accomplished. Other schools of thought state that a man should have the means to earn a legitimate livelihood by paying mehr, supporting his wife and children. Marriage is also part of the nature of muamlat or worldly affairs and transactions between human beings. Marriage in Islam is a Sunnah i.e. practices, teachings, specific words, habits, customs and way of life, family, friends and government in practice, propagated and practiced by the Prophet himself. Singlehood, monism and celibacy are forbidden under Islam.

Muslim Marriage Law: Formalities of a Valid Marriage

According to Muslim marriage law, there are no prescribed ceremonies or formalities or special rites and rituals to annul a nikah. Certain legal and reasonable conditions, which are not contrary to the spirit of Islam, may be added to the contract at the time of marriage but, the following requirements are mandatory:

i The pillars of marriage are Izb-o-Qubool, i.e., marriage by one party or proposal for acceptance by the other party.

ii This free and mutual consent should be clearly expressed in one and the same sitting.

iii If the parties are Hanafis then the presence of 2 witnesses is required. If the parties are Shia then no witnesses are required.

iv Both the bride and the groom have attained puberty. (not necessarily the legal age of majority)

v Both the parties, i.e., bride and groom or, when minors, their guardians must be of sound mind.

vi) The rules of blood relation, intimacy or passion, differences in rank/social status or religion of the parties, prescription of iddat in case of remarriage of a woman, etc., on the basis of sects, marriage should not be prohibited.

Muslim Marriage Laws: Non-Required Customs

Nikah is read by a Qazi who recites the marriage sermon (abstract from the Qur’an and Hadith), there may be an exchange of gifts. Prayers are offered by the guests for the health and happiness of the newly wed couple and additional clerics are present on both sides but these practices may vary among Indian Muslims and do not require necessary legal requirements. Registration of marriage is not mandatory though it may lead to difficulties with respect to proving the marriage.

Muslim Marriage Laws: Legal Implications of a Valid Marriage

As a result of a valid marriage, intercourse between the couple becomes legal. Children born out of union are legitimate. According to Muslim marriage law, the husband has to support his wife for life for the maintenance of the wife for food, clothing, way of living and all such things may be required to support each other in life. . As long as the wife is not a minor, the husband is faithful, the husband stays with her and obeys her proper orders, even if the wife is self dependent. Any terms and conditions set out in the marriage contract must be followed. Any terms and conditions set out in the marriage contract must be followed. The wife is entitled to money or mehr for money or other property from the husband as a mark of respect to the wife, the amount of which may be fixed before or after the marriage, and may be payable either on demand or dissolution is marriage by death or divorce (although different schools and denominations have different rules regarding the terms of payment for the same and how or when the wife asserts her right to the same). They can inherit property from each other. However, neither the husband nor the wife can claim any rights over each other’s property by reason of marriage.

Muslim Marriage Law: Divorce

Divorce is permissible under Islam as per Muslim marriage law and can be initiated by both the parties. If the wife is obedient and faithful to her husband, then the Qur’an forbids a man from seeking pretext to divorce his wife. The Prophet has curbed the unbridled power of divorce by the husband and has given the wife the right to get the right. The same provision has been made for The Dissolving of Muslim Marriage Act, 1939. Divorce was allowed but not encouraged by the Prophet. Marriage can also be dissolved by mutual consent. The grounds and rules for divorce are different for different denominations. A minor disputed by his or her lawful guardian, other than the father’s father, may annul the marriage upon attaining puberty. After a divorce, cohabitation between the couple becomes illegal and once the divorce is finalized, they cannot take property from each other. If there is any balance amount of Mehr, it becomes payable. During the period of iddat, the wife has the right to be exploited. Remarriage between a couple is possible only when the divorced wife remarries after iddat and is voluntarily dissolved by the other husband and the wife performs the prayer again.

Muslim Marriage Law: Remarriage

Widows and Divorcees can remarry as per Muslim Marriage Law. In the event of the death or divorce of the husband, the woman must first observe a period of iddat, or a period of waiting. Whatever her age, she can remarry after the completion of iddat. If the marriage was dissolved and consummated by divorce or she is pregnant, she can remarry after the period of waiting for 3 courses of her menstrual cycle i.e. till the delivery of the child. If the first marriage is terminated due to the death of the husband, then after the completion of the period of waiting for her iddat of 4 months and 10 days and if pregnant, till the delivery of the child, whichever is the period can get married.

Muslim Marriage Law: Polygamy in Islam

In Islam, marrying once is the general rule while polygamy is the only exception. The Prophet was not in favor of polygamy except in exceptional circumstances. According to Muslim marriage law, a man can have 4 wives, but a woman can have only one husband at a time. In India, the female population is small and adds to the economic burden of polygamy and child support. Polygamy is not abolished under Islam in India, but it is also not widely practiced and is often provided against a special clause in the marriage contract for those who find it morally offensive. Monogamy can be prescribed as a condition in the nikahnama for the groom as well as the groom and once signed, he is not required to enter into any formal or informal marriage contract with any other person. Is. It is advised that the bride and groom personally read this form carefully and consider it thoroughly before signing it as this document contains the rights and obligations of both the parties, personal details, and requirements, amount of Mehr and Contains details of how to be converted or restrictions on both parties, consequences in case of disagreement or divorce, etc.