শনিবার, ১৪ মার্চ, ২০০৯
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uslim MarriageDefinition :
Marriage literally means living together or union of the sexes. The Arabic term of marriage is `Nikah’.The Holly Quran describes, in Chapter 4, verse 21- `Marriage is a sacred covenant between a man and woman.’
According to Baillee, `Marriage is a contract for the purpose of legalizing sexual intercourse, the procreation and legitimation of children and the regulation of social life in the interest of the society’.
Nature of Muslim Marriage
According to asaf A.A.Fyzee, the institution of marriage has got three aspects – legal, social and religious:-
1. In its legal aspect it has legalized sexual intercourse and procreation of children, In its legal sense marriage is a contract.
2. In the social aspect it has given woman higher starus.
3. In the religious aspect it is a mean for the continuation of the human race.
Abdul Kadir vs Salima Bibi (1886)
Marriage among Mohammedan is not a sacrament but purely a civil contract, and thoroughly solemnized generally with recitation of `certain verses from the Quran’.
Essential Requisites of a Marriage
1. offer/ ljab/ declaration/ proposal on the part of one. (either orat or written)
2. Acceptance or kabul on the part of, other the acceptance of the proposal also should be made by or on behalf of other.
3. The words conveying proposal and acceptance must be uttered in each other’s presence or in the presence of their agents. (Mst. Zainaba VS Abdul Rahman, Air 1945)
4. Marriage must be solemnized before sufficient withness, that is-two male or two female and one male (in Hanafi Law but not in Shia Law)
5. The words with which the marriage is contracted must be clear and unambiguous . No promise to marry at some future time.
6. Where there is marriage there is dower, it may be impiled or expressed but dower should be there.
7. The parties should be competent to marry. A Muslim who is of sound mind, capable to give free consent and who has attained the age of puberty may enter in to a contract of marriage.
8. The personal and acceptance must be expressed at one meeting .
9. In order to be a valid marriage it must be registered. According to section 3 of the Marriage and Divorce registration Act , 1974, Registration of marriage is compulsory and non-registration has been made punishable .But non-registration does not render a validly solemnized marriage invalid.
10. It’s necessary that parties should be Muslim.
11. There must not be any legal disability or bar to the union on the ground of consanguinity, affmity, and fosterage .
12. There is no need of rituals in Muslim Marriage.
13. Presence of Qazi .
What is puberty:
Puberty means the age at which a person becomes capable of performing sexual intercourse and procreating children. Puberty and majority and in the Muslim law one and the same .
The majority is presumed among the Hanafis on the completion of the 15 years , in the case of both male and female unless there is any evidence to show that puberty was attained earlier .
But under MFLO, 1961 ,age of puberty was declared to sixteen. Of course it’s a questioned of fact in it case , and girl may attainthe age of puberty even earlier.
Forms of marriage :
1. Sahi(valid) 2. Fasid (irregular) 3. Batil(void)
Sahi or valid marriage : A valid marriage is one which conforms in all respects with the legal requirements and there shall be no restriction affecting the parties .
Effects of Sahi or Valid marriage :
1. It legalizes the sexual intercourse and procreation and legitimation of children .
2. Wife is entitled to dower and maintenance .
3. The wife is not entitled to remarry without observing Iddat when the marriage is desolved either by death of the husband or wife.
4. Mutual rights of inheritance are established .
What is Iddat ;
Iddat is a period during which a woman is prohibited from marrying again after the desolution of her earlier marriage divorce or death of the husband. The restriction is imposed to ascertain whether she is pregnant by the husband so as to a void confusion of the parentage . If the marriage is dissolved by divorce , the duration of iddat is three months and if she is pregnant till delivery .
If the marriage is dissolved by death of the husband the duration of iddat is four month and ten days and if the widow is pregnant till delivery .
Fasid or irregular marriage :
Restriction or prohibition as a marriage may be either permanent or temporary . If they are temporary the marriage is irregular. However such a marriage can be made valid by removing the prohibitions for which the marriage in unlawful .
The following marriage are regarded as irregular marriages :-
1. A marriage without witness .
2. A marriage with a fifth wife of a person having four wives .
3. A marriage with a woman undergoing iddat .
4. A marriage prohibited by difference of religion.
5. A marriage contrary to the rules of unlawful conjunction , i. e. a marriage of unlawful conjunction is that in which a man may be have two wives at the same who are related to each other by consanguinity , affinity or fosterage for example two sisters auny niece etc.
Void or Batil Marriage :
Restriction or prohibition as to marriage may be either permanent to temporary.
If they are permanence the marriage is void and such a marriage has no legal result
A marriage forbidden by the rules of blood relationship, affimity or fosterage is void.
Legal effects of void Marriage :
1. A void marriage is of no legal effect either before or after consummation
2. It doesn’t create any rights and obligations between the parties .
3. The wife is not entitled to maintenance .
4. One cannot inherit from other.
5. The offspring of a void marriage are illegitimale.
6. The parties may separate from each other at any time without divorce and may contract another marriage lawfully.
7.
uslim MarriageDefinition :
Marriage literally means living together or union of the sexes. The Arabic term of marriage is `Nikah’.The Holly Quran describes, in Chapter 4, verse 21- `Marriage is a sacred covenant between a man and woman.’
According to Baillee, `Marriage is a contract for the purpose of legalizing sexual intercourse, the procreation and legitimation of children and the regulation of social life in the interest of the society’.
Nature of Muslim Marriage
According to asaf A.A.Fyzee, the institution of marriage has got three aspects – legal, social and religious:-
1. In its legal aspect it has legalized sexual intercourse and procreation of children, In its legal sense marriage is a contract.
2. In the social aspect it has given woman higher starus.
3. In the religious aspect it is a mean for the continuation of the human race.
Abdul Kadir vs Salima Bibi (1886)
Marriage among Mohammedan is not a sacrament but purely a civil contract, and thoroughly solemnized generally with recitation of `certain verses from the Quran’.
Essential Requisites of a Marriage
1. offer/ ljab/ declaration/ proposal on the part of one. (either orat or written)
2. Acceptance or kabul on the part of, other the acceptance of the proposal also should be made by or on behalf of other.
3. The words conveying proposal and acceptance must be uttered in each other’s presence or in the presence of their agents. (Mst. Zainaba VS Abdul Rahman, Air 1945)
4. Marriage must be solemnized before sufficient withness, that is-two male or two female and one male (in Hanafi Law but not in Shia Law)
5. The words with which the marriage is contracted must be clear and unambiguous . No promise to marry at some future time.
6. Where there is marriage there is dower, it may be impiled or expressed but dower should be there.
7. The parties should be competent to marry. A Muslim who is of sound mind, capable to give free consent and who has attained the age of puberty may enter in to a contract of marriage.
8. The personal and acceptance must be expressed at one meeting .
9. In order to be a valid marriage it must be registered. According to section 3 of the Marriage and Divorce registration Act , 1974, Registration of marriage is compulsory and non-registration has been made punishable .But non-registration does not render a validly solemnized marriage invalid.
10. It’s necessary that parties should be Muslim.
11. There must not be any legal disability or bar to the union on the ground of consanguinity, affmity, and fosterage .
12. There is no need of rituals in Muslim Marriage.
13. Presence of Qazi .
What is puberty:
Puberty means the age at which a person becomes capable of performing sexual intercourse and procreating children. Puberty and majority and in the Muslim law one and the same .
The majority is presumed among the Hanafis on the completion of the 15 years , in the case of both male and female unless there is any evidence to show that puberty was attained earlier .
But under MFLO, 1961 ,age of puberty was declared to sixteen. Of course it’s a questioned of fact in it case , and girl may attainthe age of puberty even earlier.
Forms of marriage :
1. Sahi(valid) 2. Fasid (irregular) 3. Batil(void)
Sahi or valid marriage : A valid marriage is one which conforms in all respects with the legal requirements and there shall be no restriction affecting the parties .
Effects of Sahi or Valid marriage :
1. It legalizes the sexual intercourse and procreation and legitimation of children .
2. Wife is entitled to dower and maintenance .
3. The wife is not entitled to remarry without observing Iddat when the marriage is desolved either by death of the husband or wife.
4. Mutual rights of inheritance are established .
What is Iddat ;
Iddat is a period during which a woman is prohibited from marrying again after the desolution of her earlier marriage divorce or death of the husband. The restriction is imposed to ascertain whether she is pregnant by the husband so as to a void confusion of the parentage . If the marriage is dissolved by divorce , the duration of iddat is three months and if she is pregnant till delivery .
If the marriage is dissolved by death of the husband the duration of iddat is four month and ten days and if the widow is pregnant till delivery .
Fasid or irregular marriage :
Restriction or prohibition as a marriage may be either permanent or temporary . If they are temporary the marriage is irregular. However such a marriage can be made valid by removing the prohibitions for which the marriage in unlawful .
The following marriage are regarded as irregular marriages :-
1. A marriage without witness .
2. A marriage with a fifth wife of a person having four wives .
3. A marriage with a woman undergoing iddat .
4. A marriage prohibited by difference of religion.
5. A marriage contrary to the rules of unlawful conjunction , i. e. a marriage of unlawful conjunction is that in which a man may be have two wives at the same who are related to each other by consanguinity , affinity or fosterage for example two sisters auny niece etc.
Void or Batil Marriage :
Restriction or prohibition as to marriage may be either permanent to temporary.
If they are permanence the marriage is void and such a marriage has no legal result
A marriage forbidden by the rules of blood relationship, affimity or fosterage is void.
Legal effects of void Marriage :
1. A void marriage is of no legal effect either before or after consummation
2. It doesn’t create any rights and obligations between the parties .
3. The wife is not entitled to maintenance .
4. One cannot inherit from other.
5. The offspring of a void marriage are illegitimale.
6. The parties may separate from each other at any time without divorce and may contract another marriage lawfully.
7.
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