INTRODUCTION
Marriage or Nikah is a civil contract, which is made by parties for the sole purpose and object of benefiting themselves according to Shariat it is a method to legalize the cohabitation of a man and a woman, and issues out of this union are legitimate. Under Islamic Law, a contract of marriage, need not be proved through a written document.
There are three aspects of marriage in Islamic law that are necessary to understand the institution of marriage as a whole. It is a contract and not a sacrament. It has three features.
- There can be no marriage without consent
- In a contract provision is made for its breach, the various kinds of dissolution by acts of parties are by operation of law.
- Terms of the marriage contract which in legal limits capable of being altered to suit individual cases. In Islam, a definite high social status for a woman is given after marriage and there are restrictions on unlimited polygamy and allowed controlled polygamy
LITERAL MEANING OF MARRIAGE
Marriage means wedlock, the mutual relation of the husband and wife. It is a contract for the legalization of intercourse and the procreation of children.
DEFINITION OF MARRIAGE
Marriage is a religious legal contract that regularizes sexual relationships between men and women, established the lineage of their progeny, and created civil rights and obligations between them, which has for its object protection and legalization of children.
DIFFERENT ASPECTS OF MARRIAGE IN ISLAM
The following are three aspects of the conception of marriage;
Social Aspect:
- Islam bestows a great status on a married woman
- Restriction on the practice of polygamy
- Holy Prophet (SAW) encourages the status of marriage
Legal Aspect:
- There is no concept of marriage without the consent of the parties
- The term of the contract of marriage within the legal limit of the Individual
Religious Aspect:
Marriage is the basis of society. It is the institution that uplifts the human being. The institution of marriage is regarded as the central idea of the branch of family law of every community.
OBJECTS OF MARRIAGE
Following are objects of a marriage.
- Legalization of Sexual Intercourse
- Preservation of the human race
- Procreation of children
- Regulation of social life
NATURE OF MARRIAGE
Muhammadan marriage is purely contractual. It is considered a religious duty. It is an act of Ibadat which is called Sunnat-Muwa-kkidah.
Hazrat Muhammed (PBUH) Says:
If a person is in a position to maintain his wife and pay the amount of dower, he must get himself married.
CAPACITY FOR MARRIAGE
- Every Muslim of sound mind, who has attained puberty may enter into a contract of marriage
- Lunatics and minors who have not attained puberty may be validity contracted in marriage by their respective guardians
- A marriage of a Muslim who is of sound mind and has attained puberty is void, if it is brought about without his consent
ESSENTIALS OF MARRIAGE
The following are the essentials of a marriage;
PROPOSAL / OFFER (IJAB)
In order to make valid marriage there must be a proposal/offer by one party (either party). It is also called Ijab.
ACCEPTANCE (QUBUL)
For a valid marriage, the proposal/offer so made should be accepted by or on behalf of the other party. It is called Qubul. If there is no acceptance there can be no valid marriage.
OFFER AND ACCEPTANCE MUST BE IN THE SAME MEETING
The offer and acceptance must both be made at the same meeting. An offer made at another meeting does not constitute a valid marriage.
FREEDOM
The parties contracting marriage should be free persons Marriage with a slave girl is permitted.
CONSIDERATION
There must be some consideration in marriage which is Dower. The parties are bound to fix the amount of dower at the time of marriage. A Marriage without a dower is void.
MAJORITY
The parties contracting marriage should be major. The majority act does not apply to marriage, divorce, or maintenance cases. The majority means the age of puberty.
PERSONS OF THE OPPOSITE SEX
Marriage is a contract between two persons of the opposite sex. There is no concept of manage of same-sex in Islamic personal law.
WITNESSES
In the case of Sunni Marriage: Either two male or one male and two female witnesses.
In the case of Shia marriage: No witnesses are necessary.
FREE CONSENT
Marriage is only valid under free consent. No person can be compelled by the guardian to marry.
LEGAL EFFECTS OF A VALID MARRIAGE
A valid marriage creates between the parties prohibited degrees of relations and reciprocal rights of inheritance
Following are the legal effects of a valid marriage.
Lawful Sexual Intercourse:
A valid marriage makes sexual intercourse between the parties lawful.
Legitimacy of Children:
Children who are born out of a valid marriage are considered legitimate children of their parents.
Entitlement to Dower:
After a valid marriage, the wife becomes entitled to dower.
Entitlement to Maintenance:
The effect of a valid marriage is that the wife becomes entitled to maintenance.
Entitlement to Restrain Wife:
The husband can restrain the movements of his wife in a reasonable manner
Observance of Iddat:
The wife has to go under a period of Iddat in case of
- death of her husband
- on the dissolution or divorce of marriage.
Prohibitions Regarding Marriage:
The prohibitions regarding marriage due to the Rules of Affinity come into operation.
Mutual Right of Inheritance:
By virtue of the valid marriage, mutual rights of inheritance are established.
Pre-Marital School Of Law:
A valid marriage has the effect that a woman does not change her status in marriage she remains subject to her own pre-marital school of law.
No Interest in the Property of Each Other:
The legal effect of a valid marriage is that neither husband nor wife acquires any interest in the property of the other by reason of marriage
NUMBER OF WIVES
A Muslim husband may have as many as four wives at the same time, but not more. If he marries a fifth wife when he has already four such marriages would be irregular.
CONCLUSION
It is concluded Marriage is not a sacrament but a civil contract between two persons of opposite sex Every Muslim of sound mind and who has attained the age of puberty, may enter into a contract of marriage. The main essentials of marriage are proposal, acceptance, witnesses, free consent, and consideration which is called dower.
FAQs
Kindly explain and illustrate the ingredients of Marriage in accordance with the Injunctions of Shariah.
(2019-S)
Define marriage and its different kinds provided under Islamic law and their effects thereof.
(2019-A, 2017-A)
What are the different kinds of marriage (Nikah) under the Islamic Provisions?
(2018-S)
Marriage (Nikah) is one of the most important institutions to eradicate social evils in Muslim society. Explain its ingredients and essentials.
(2018-A)
Marriage is primarily a product of a contract, kindly define it and explain its ingredients.
(2017-S)
Define and discuss the ingredients of Nikah (Marriage) explaining the kinds of marriage.
(2016-A)
Islamic family system strictly adheres to curbing all means leading to adultery. The most important is Marriage. Discuss Marriage and its ingredients.
(2014-S)
