|
|
|
| Free E-magazine |
| Subscribe to our Free E-Magazine on Weddings. |
| Learn More |
|
|
|
|
|
|
|
|
|
|
|
| Home > Marriage Acts and rules > Muslim Marriage Act
| |
| | Muslim Marriage Act
| |
| |
Like Hindu law, followers of Islam have their own personal law, which states that Nikaah or marriage is a contract and may be permanent or temporary and permits a man four wives if he treats all of them equally. There should be a proposal or `offer,` made by or on behalf of one of the two parties;
The Muslim marriage law also states that to have a valid marriage under the Muslim law, if a person is of sound mind, normal and has attained puberty at the age of 15 his or her marriage cannot be performed without his or her consent. There are certain prohibited relationships, whose marriage is considered void. Like mother and son, grandmother and grandson, uncle and niece, brother and sister and nephew and aunt.
i. An `acceptance` of such proposal or `offer` by or on behalf of the other party;
ii. The `offer` and `acceptance,` both, must be expressed in the same meeting. There is no prescribed form for proposal and acceptance. However, a proposal, made at one meeting and an acceptance, made at another meeting, will not constitute a valid marriage;
iii. The offer and acceptance must be made in the presence of two male witnesses, or one male and two female witnesses, who must be adult Mohammedans of sound mind;
iv. A marriage, contracted without witnesses, is not void but is considered irregular. Such irregularity can be cured by consummation.
However, according to Shia law, the presence of witnesses is not necessary in any matter.
 Muslim Marriage Act also has a provision for separation under the name of dissolution of Marriage act, 1939. Both the parties to the marriage contract have an opinion for divorce, but the husband`s right in this respect is much greater than that of the wife. In case of divorce a husband can leave his wife without any reasons merely by pronouncing the word "Talak" thrice. Like in Hindu marriage act, divorce can also take place due to mutual agreement between the husband and the wife which is known as Mubarat. Khula is another way of ending a Muslim marriage which is a form of divorce with the consent and at the initiative of the wife. The wife gives or agrees to give a consideration to the husband for her release from the marriage tie. In this form relieving the husband from payment of mahr to the wife may be a consideration.
A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:
(i) That the whereabouts of the husband have not been known for a period of four years;
(ii) That the husband has neglected or has failed to provide for her maintenance for a period of two years;
(iii) That the husband has been sentenced to imprisonment for a period of seven years or upwards;
(iv) That the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years.
(v) That the husband was impotent at the time of the marriage and continues to be so;
(vi) That the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease.
(vii) That she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years.
After the dissolution of marriage by any means discussed above the man and the woman can remarry immediately. In fact, unlike in a Hindu marriage, Muslim widow is encouraged to be remarried and that`s a responsibility of the Muslim community.
| |
| |
|
