Muslim
Marriage Law: Formalities of a Valid Marriage
But the
following requirements are compulsory:
i. The pillars
of the marriage are Ejab-o-Kubool, i.e., offer or proposal on the part of one
party to the marriage and acceptance by the other party.
ii. This free
and mutual consent must be expressed in one and the same meeting in clear
unambiguous words.
iii. Presence of 2 witnesses is required if
the parties are Hanafis; no witnesses are needed if the parties are Shias.
iv. Both the
bride and groom must have attained puberty.
v. Both the
parties, i.e., the bride and groom or, when minor, their guardians, must be of
sound mind.
vi. The
marriage should not be one forbidden by the Muslim marriage rules of blood
relationship, affinity or fosterage, differences in rank/social status or
religion of the parties, prescription of iddat in case of remarriage of a
woman, etc., depending upon the sect to which the parties belong.
Muslim Marriage Law: Legal effects of a valid marriage
As a result of
a valid marriage, sexual intercourse between the couple becomes legal. The
children born of the union are legitimate. As per the Muslim Marriage Law, the
husband is bound to provide for the maintenance of the wife by way of food,
clothing, lodging, and all such things as may be needed to support life so long
as the wife is not a minor incapable of consummation is faithful, lives with
him and obeys his reasonable orders, even if the wife has the means to support
herself and the husband does not. The husband also has a duty to provide for
the children begotten of such marriage. Any terms and conditions stipulated in
the marriage contract must be observed.
The wife is
entitled to Dower or Mahr, a sum of money or other property from the husband as
a mark of respect for the wife, the amount of which may be settled before or
after marriage, and payable either on-demand or on the dissolution of marriage
by death or divorce (although different schools and sects have different rules
regarding conditions of payment for the same and how or when the wife forfeits
her right to the same). They can inherit property from each other. However,
neither the husband nor the wife acquires any right over each other’s property
simply by reason of the marriage.
·
Muslim
Marriage Law: Divorce
As per the
Muslim marriage, law divorce is permitted under Islam and can be initiated by
either party. The Quran forbids a man from seeking pretexts for divorcing his
wife if she is obedient and faithful to him. The Prophet curtailed the
unbridled power of divorce by the husband and provided the same right to the
wife to be exercised on reasonable grounds. The same has been provided for in
The Dissolution of Muslim Marriages Act, 1939. Divorce was permitted by the
Prophet but not encouraged. The marriage can also be dissolved by mutual
consent.
The grounds and
rules of divorce vary for different sects. A minor married by his or her lawful
guardian, other than the father or father’s father, can repudiate the marriage
upon attaining puberty. After divorce, cohabitation between the couple becomes
illegal and once the divorce is final, they cannot inherit property from each
other. The amount of Mahr remaining, if any, becomes payable. The wife is
entitled to maintenance during the period of iddat. Remarriage between the
couple is possible only if the divorced wife observes iddat, remarries and the
second marriage in Islam in India is consummated and voluntarily dissolved by
the second husband and the wife observes iddat again.
(The Supreme Court of India banned the Islamic practice of "Triple Talaq" (divorce by
uttering of the "Talaq" word thrice by the husband). )
·
Muslim
Marriage Law: Remarriage
According to
the Muslim Marriage Law, widows and divorcees have the freedom to marry again.
In the event of the death of husband or divorce, the woman must first observe a
period of iddat, or a period of waiting, before she can remarry, irrespective
of her age. If the marriage was dissolved by divorce and had been consummated,
then the period of waiting is of 3 courses of her menstrual cycle or, if
pregnant, till the delivery of the child. If the first marriage ended due to
the death of the husband, then, irrespective of whether the marriage was
consummated or not, the period of waiting is of 4 months and 10 days or, if
pregnant, till the delivery of the child, whichever period is longer.