What is Muslim marriage law?
The Muslim Marriage Act was drafted into the Indian legal system in the year 1954. The Act regulates the solemnization of marriages among the Muslim community in India. According to this Act, both the groom and the bride are to consent to the marriage of their free wills.
What is Mahar in Muslim marriage?
The gift of marriage (Mahr) is a sacred command. Mahr may be given at the time of Nikah or given on credit. It is the liability of the husband or someone else who wants to pay it and is done on the couple’s mutual consent. As said by Allah, “And give the women (on marriage) their Mahr as a free gift” (Quran 4:4)
What are the formalities of a valid Muslim marriage?
Marriage is contracted by the parties themselves (if major) or by their guardians itself. Under Sunni law, presence of witness is essential else the marriage would be irregular. At least two male or one male and two female witnesses should be present and the witness should be a major, of sound mind and a Muslim.
What is Talaq ul Sunnat?
Talaq-ul-Sunnat is also called as Talaq-ul-Sunna, which means divorce in accordance with the requirement of the traditions. It is a traditional mode of divorce, and approved by Prophet Mohammad, and is valid according to all Schools and Sub-Schools of Muslim law.
What is unlawful conjunction?
Unlawful conjunction: means contemporaneously marrying two women so related to each other by consanguinity, affinity or fosterage, which they could not have lawfully intermarried with each other if they had been of different sexes. Thus a Muslim cannot marry two sisters, or an aunt and her niece.
What is single talaq?
1. The husband has to make a single pronouncement of Talaq during the Tuhr of the wife. When the period of Iddat expires and the husband does not revoke the Talaq either expressly or through consummation, the Talaq becomes Irrevocable and final. However during the period of iddat the husband can revoke the talaq.
What is void marriage in Islam?
Alam Bibi, the court observed that when there is a permanent or perpetual prohibition from marriage due to non-adherence of a condition, it is void marriage. When one or more of the pre-requisites to a valid marriage mentioned above are not fulfilled by the spouses before marriage, the marriage is void and not binding.
Can a minor get married under Muslim Personal Law?
Explaining the “potential of marriage” under Muslim Personal Law, Article 195 in Mulla’s book states, “Every Muslim with a mature mind who has attained puberty can contract marriage.” Minors who have not attained puberty can be validly contracted in marriage by their parents.”
What is Muta marriage in Islam?
It is a ‘marriage for pleasure’ for a fixed period of time, also known as temporary marriage. The institution of muta, which was fairly common in Arabia before and at the time of the prophet, is now not recognized by any school of Muslim law in Indian, except the Ithna Ashari Shiite or Shia school.
When is a Muslim wife entitled to the dissolution of her marriage?
According to Sec. 2 of the Act, a Muslim wife is entitled to the dissolution of her marriage if she proves that the marriage has not been consummated or the marriage took place before she attained the age of 15years or she has repudiated the marriage before attaining the age of 18years. Mere repudiation does not render dissolution of the marriage.
Can a Muslim girl marry a man of her choice?
The High Court felt that upon attaining the age of puberty, a Muslim girl is free to marry a man of her choice. Explaining the “potential of marriage” under Muslim Personal Law, Article 195 in Mulla’s book states, “Every Muslim with a mature mind who has attained puberty can contract marriage.”