Muslim Second Marriage Matrimony
September 07, 2022 | matrimony
Muslim second marriage matrimony
Proposal and Acceptance: In a Muslim marriage, the proposal is called 'Ijab' and is accepted as 'Qubul'. The offer must be made by one party or by someone else on its behalf and must be accepted by the other party. For a valid Muslim marriage the proposal and acceptance must be made in the same sitting. If a motion is made at one meeting and the motion is accepted at another meeting, it is not considered valid.
Competency of the parties
The parties to the contract must be (i) Major, (ii) of sound mind and (iii) Muslim.
For the purpose of Muslim marriage, the age at which a person reaches puberty is considered the age of puberty.
He has attained the age of 15 years, or has attained the state of puberty at an early age.
The same rule applies to Muslim boys as well. Thus, it can also be said that in the absence of any contrary, a Muslim is considered to have attained the age of puberty at the age of 15 years. After attaining the age of 15 years, the parties can give their consent and the consent of the guardian is not required.
If a person is a minor, i.e., has not attained the age of puberty, then the consent of the guardian is necessary to make the marriage valid. The persons recognized as guardians under Muslim law are:
Brother or any other male member of the father's family,
Member of Maternal Relations
In order of priority, authority passes from one parent to another in the absence of the previous one. In the absence of any of these guardians, the marriage may be contracted by the Qazi or any other government official.
Unsoundness of mind
Both the parties should be of sound mind at the time of marriage. A person of unsound mind has no capacity to contract and his consent in the eyes of law will not be considered as consent. There are two types of malaise:
Stupidity: This refers to a completely abnormal state of mind. Persons belonging to this category are incapable of contract, and
Insanity: This refers to a treatable mental illness. An insane person may enter into a contract in time intervals in which he behaves like a sane person.
The parties entering into a marriage must be Muslims irrespective of their sect or sub-sect. A marriage is considered as an inter-sect marriage, both the parties are Muslim belonging to different sect but the marriage is valid.
A marriage must have both parties' free consent in order to be legal. If consent is obtained through coercion, fraud or mistake of fact, it is considered invalid and the marriage is considered void.
It is called 'Mahar'. It refers to the amount or other property that a groom has to give to the bride as a consideration for marriage. Its purpose is to provide financial security to the bride within and after the consummation of the marriage.