Monday, 31 January 2022

muslim marriage law

 Muslim marriage law

In Muslim law by law registration is not compulsory if there is a custom in a particular area for the registration of marriage then it eventually represents into the customary right and the Muslim personal law will not prohibit such registration of marriage.There is difference of opinion regarding the nature of Muslim marriage were of the opinion that it is the purely civil contract in which all the essentials of the contract are present like offer, acceptances, free consent, consideration, capacity, to contract. 

However, some other jurisdiction come with opinion that we can’t completely contract, as per holy Quran a marriage is considered as iba-dadt and profit Mohamad said every physical fit Muslim who afford to get married should get married and a person who marries completes half of his religion. However, dower amount is not be specified or considered as a consideration because amount is given as mark of respect of his wife. Thus, we can safely conclude the Muslim is blend of scarcement and contract. 

Under Sunni law and Muslim law there is the concept known as guardianship in marriage called as Jabra, in that a minor can be given in the marriage by the following person – father side, mother, maternal uncle aunt and the state. There might be certain circumstances in which a minor is contracted in marriage by the guardian and by the minor reaching the age of puberty will have the option to continue the marriage or to cancel it. This known as option/ auction of puberty (khyar-ul-bulugh).

Puberty is the age in which a boy or a girl becomes capable of bearing children, when the parties attaining the age of puberty, they get their liberty to marry as per their choice and the guardian will have no right to interfere.

 However, this auction can be exercised if the marriage has been consummated. This auction must be exercised on immediately after attaining the age of puberty, otherwise an unnecessary deal would deprived here for these rights, if it happens that the girl is unaware of this right, the duration to claim it shall be prolonged until she has the aware of such rights.

No Legal disabilities/ Absolute incapacity 

There might be a situation in which a marriage is not allowed, the situation is classified in following: 

  1. Consanguinity (Kura-bat)

It means that consanguinity (blood relationship), Kura-bat. These are relationship by blood and a man is bard from marriage his mother, grandmother, his daughter or granddaughter, his sister whether full or half uterine, his niece or great niece both from the father and mother side.

  1. Affinity (nusharat)

A man is prohibited from marriage from wife or granddaughter wife of his son or son’s. however, a marriage with wife daughter or daughter is prohibited only if the marriage with wife was consummated.

  1. Fosterage (riza)

When a child under the age of two years has been suckled by the woman other than his own mother, the woman becomes the foster of the child. A man cannot marry her foster mother or foster sister. However, under Sunni law their an exception this rule in which a man can marry his sister’s foster mother.  

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