Notes

Islamic Laws On Marriages

Marriage is a marital relationship and an institution in Islam that legalises sexual actions between a man and a woman for the purpose of propagation of children, promotion of love, mutual support, and the formation of families, which are considered a vital unit in society. Islam, like Hinduism, is a great proponent of marriage. However, the Muslim view of marriage differs from the Hindu view, which views marriage as a sacrament rather than a civil transaction. Marriage in Islam, according to many philosophers, is a religious obligation. Everyone must marry in order to legally fulfil their wish to have children.
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<br>Muslim law is derived from a number of codified and uncodified sources, including the Quran, Ijma, Qiyas, customs, urf, precedents, equity, and numerous laws. Hanifa, Hanabli, Maliki, and Shaafi are the four major Sunni schools of thought. These four schools acknowledge each other's legitimacy and have engaged in legal dispute for centuries. In India, the Hanifa school of Islamic law is the most popular.
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<br>The following are the basic requirements for a Muslim Niqah:
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<br>Both parties must be legally capable of marrying.
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<br>Acceptance and proposal (ijab) (qubool).
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<br>Both parties' permission is unrestricted.
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<br>A factor to consider (mehr).
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<br>There are no legal stumbling blocks.
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<br>There are enough witnesses (different in shia and sunni).
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<br>Marriage Classification
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<br>It is true (sahih)
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<br>The marriage is correct or'sahih' when all legal conditions are met and there are no prohibitions affecting the parties. The prohibitions can be permanent or temporary; in the case of permanent prohibitions, the marriage will be nullified; in the case of temporary bans, the marriage will be irregular.
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<br>Effects of a legally binding union
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<br>Cohabitation between the husband and the wife is now legal.
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<br>Children born to a legally married couple are legitimate and have the right to inherit their parents' assets.
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<br>Inheritance rights between husband and wife are established. That is, after the husband's death, the wife has the right to inherit the husband's property, and after the wife's death, the husband has the right to inherit her property.
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<br>Between the husband and wife, a prohibited relationship for the purposes of marriage is formed, and each of them is forbidden to marry the other's relations within prohibited degrees.
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<br>Just after the marriage, the wife's right to claim dower is fully established.
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<br>The wife has an instant claim to maintenance from her husband as a result of their marriage.
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<br>Following the breakup of the marriage, the widow or divorced woman is required to observe the Iddat, during which time she is not permitted to remarry.
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<br>Void (Batil)
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<br>Because the marriage is void from the start, no rights or duties are created, and the children produced from it are illegitimate. A marriage that is prohibited under the rules of blood, affinity, or fosterage is null and void. A marriage with another man's wife or a divorced wife during the iddah period is also void.
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<br>Irrational (Fasid)
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<br>A marriage becomes irregular due to a lack of formality or the presence of an impediment that can be overcome. This anomaly, however, is not permanent and can be removed. As a result, the marriage is not illegal in and of itself. Once the limitations are removed, it can be made valid. Marriage in such conditions, or with the prohibitions that follow, is referred to as 'Fasid.'
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<br>A marriage that is not witnessed by the required number of witnesses;
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<br>During her Iddat time, she had a marriage with a woman;
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<br>When her guardian's approval is required, a woman is married without her guardian's consent.
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<br>A marriage that is forbidden because of religious differences;
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<br>A pregnancy that was not induced by adultery or fornication; a marriage with a pregnant lady;
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<br>A fifth wife in a marriage.
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<br>mut'ah mut'ah mut'ah mut'ah mut'ah mut'a
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<br>The phrase literally translates to "pleasure marriage." Muta marriage is a temporary arrangement between two people for a specific period of time. There is no set minimum or maximum length of time; it can be a day, a month, or a year (s). The marriage ends when the agreed-upon period expires; however, if no such time restriction was spoken or written, the marriage is assumed to be everlasting. Sunni Muslims consider this sort of marriage to be prostitution and thus do not approve of it.
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<br>The Twelver Shia sect, which is strong in Iran and accounts for 90 percent of India's Shia population, considers it valid. In muslim marriage bureau in gujarat , the word mut'ah is only used occasionally, and the practise is known as'sigah.' For example, the contract for a temporary marriage can be drawn for one hour to 99 years; it cannot be drawn for an indefinite length. This distinction is made between mut'a and nikah, or perpetual marriage, which has no time restriction. However, much like in nikah, the bride must receive a monetary advantage in sigah.
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<br>For mut'ah, no witnesses are required. And, just as in any other contract, the woman who is a party can specify the terms of her sexual union for the duration of the contract, which can include her daily upkeep. Her temporary husband must abide by these rules. When the specified time period expires, the marriage is automatically dissolved. The lady must practise abstinence for at least two menstrual cycles, regardless of how short the period was.
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<br>The interesting thing is that the temporary husband and wife can extend their contract, but the husband must still pay the bride the agreed-upon amount. Husband has a unilateral power to revoke the marriage-mark of his superior status in the relationship. However, the woman has the option of refusing to be intimate with him or even leaving him, in which case she must return the money she obtained from him.
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<br>Even though India has partially recognised live-in relationships, the Supreme Court will have a difficult time lawfully invalidating this type of marriage. In contemporary day era, where feminists all throughout the globe regard this arrangement equal to prostitution. Many supporters of the Nikah mut'ah think that because it is a contract, it is preferable to live-in partnerships.
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<br>Marriage Registration under Muslim Law
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<br>Marriage registration is required in Muslims since a Muslim marriage is considered a civil contract. "Every marriage contracted between Muslims after the start of this Act shall be registered as hereunder stipulated, within thirty days from the end of the Nikah Ceremony," says section 3 of the Muslim Marriages Registration Act 1981. Nikahnama is a form of legal document used in Muslim marriages that contains the marriage's fundamental requirements and facts.
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<br>A Nikahnama, according to this statute, contains the following:
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<br>Marriage location (with sufficient particulars to locate the Place.)
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<br>The bridegroom's full name is
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<br>Age
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<br>Address
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<br>Father of the bridegroom's full name
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<br>Whether or if your father is still alive
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<br>Unmarried Widower Divorced – the civil status of the bridegroom at the time of marriage Are you married, and if so, how many wives do you have?
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<br>According to whether the Nikah was performed in person by the bridegroom or through his Vakil or Guardian, the bridegroom's signature or thumb impression is required.
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<br>Nikah-full Khan's name is (that is the person conducting the Nikah Ceremony.)
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<br>The Nikah-signature Khan's (i.e person conducting the Nikah Ceremony with date.)
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<br>Dower amount set
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<br>Method of dower payment
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<br>Witnesses' names, as well as their parents' names, residences, and addresses
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