Friday, 28 January 2022

kind of marriage in Muslim law

 Kinds of marriage in Muslim law 

  1. Valid (sahih)

this is a marriage in which all the leagal requirement have been fulfilled there is a proper ijab or qubool the consent of the party is free both have attend the age of puberty and the marriage is not prohibited due to consagunity, foster age, a family children born out of such marriage are elligitimate, the husband and wife has mutal right of children and the wife entitled to get maintainces and also entitled to dower as well.

  1. Irregular(fasid)

These marriage suffer from some irregularity. (situation of relation incapacity). 

  • Unlawfull conjuction 

  • Marring a fifth wife

  • Absences of proper witness

  • Different in religion.

These irregularity cab removed and on removal of such irregularity the marriage becomes vaild. If the marriage has not be consummated the wife is not entitled to dower and if the consummation is done she will be entitled to dower. But in any case these will be no mutual of inheritances between the husband and the wife. The children born out of such marriage is considered to be illegitimate. 

  1. Void marriage (batil) 

These marriage are prohibited because it is suffering from absolute incapacity.

Such marriage has no legal affect weather it is consummated or not there are no rights and obligation between the parties. The wife is no longer entitled to the maintainces  and there are mutual right between the husband and the wife and any children born out of such marriage is considered to be illegitimate. 

  1. Muta marriage 

MUTA MARRIAGE (it is valid under sia law)

It is a kind of temporary marriage with recognized among (ithna asaria school) it is a marriage for a fix period after specifying the dower amount. At the time of contracting the marriage the period should be specified.

If no period is specified then as per the decision given in S.A Hussain v. Rajamma, it will be treated as a permanent marriage. 

There is no limit the no. of wife’s.

This marriage can only take place between consenting Muslim adults who has attend the age of puberty and should be of sound mind. 

They should not be within prohibited degree of relationship and guardian cannot make the minor enter into muta marriage.

Children born out of such marriage are legitimate and have inheritance right form both parents however such husband and wife will have no mutual right of inheritance.

Divorce is not recognizing in muta marriage. On completion of said period the marriage get dissolve. 

If the husband dissolves the marriage before the stipulated he may make a gift of the unexpired period to the wife which is called hiba-i-muddat. 

The wife is required to undergo an Iddat of two monthly courses. But, where the marriage dissolves due to death of the husband, the Muta-wife is required to observe an Iddat of four months ten days.

If the marriage is consummated the wife shall me entitle to full dower otherwise she will get shall dower. 

If the marriage discontinues before the stipulated period and the wife walks out of the marriage the she shall me entitle to receive the amount for which she stayed with husband.

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