Objects of Marriage

According to a lexicon attributed to Tarmizi, marriage is understood to serve five principal objectives:

1. Regulation of sexual impulses;

2. Formation and management of a household;

3. Continuation of familial lineage;

4. Promotion of family goals through the care and responsibilities toward one's spouse and children;

5. Development of morally upright descendants.

Furthermore, the Hedaya outlines three principal modes through which the marital relationship may be terminated: cohabitation, companionship, and mutual affection.

Nature of Muslim Marriage

The nature of Muslim marriage is subject to divergent interpretations among legal scholars. Some view it as a sacramental rite imbued with sacred significance, while others interpret it strictly as a contractual agreement. To gain a comprehensive understanding of Muslim marriage, it is essential to examine it from various perspectives.

Certain scholars and legal commentators assert that Muslim marriage is fundamentally a contractual arrangement without any inherent sacred connotation. This perspective is supported by the fact that Islamic marital unions exhibit characteristics akin to those of contractual agreements.

For example, similar to the formation of a contract, the initiation of a marriage requires a proposal (ijab) from one party and an acceptance (qubool) from the other. The marriage is formalized only with the voluntary consent of both parties, which must be given freely, without any form of coercion, deceit, or other unethical influences.

In accordance with Muslim law, a marriage contract can be annulled by a minor upon reaching puberty, analogous to the contractual capacity granted to a ward upon attaining majority. Additionally, parties to a Muslim marriage are allowed to enter into prenuptial or postnuptial agreements, provided these agreements comply with Islamic legal principles. Such agreements function similarly to contracts in this regard.

Moreover, the terms of a marriage contract may be amended within legal limits to address specific circumstances. Despite the Quran and Hadith setting forth certain prohibitions, provisions for breach of contract are available, paralleling standard contractual arrangements.

Overall, Islamic law demonstrates several similarities to contractual principles within the context of marriage.

Marital Classification: Types of marriages

In Islamic jurisprudence, Muslims are broadly categorized into two main sects—Sunni and Shia—each with its own beliefs and traditions.

Within this framework, marriages are regarded as social contracts with legal implications for the parties involved. Consequently, these unions are classified according to Islamic legal principles. The principal categories of marriage under Islamic law are as follows:

I. Sahih Nikah (Valid Marriage): A marriage that meets all the essential legal requirements and is recognized as valid under Islamic law.

II. Batil Nikah (Void Marriage): A marriage that is null and void from the outset due to the lack of essential legal requirements or due to fundamental defects.

III. Fasid Nikah (Irregular Marriage): A marriage that, while initially valid, contains certain irregularities or defects that may affect its legal standing.

IV. Muta Marriage (Temporary Marriage): A marriage contracted for a fixed period, which is recognized under specific conditions and with particular stipulations.

These classifications reflect the diverse legal interpretations and practices within the Muslim community regarding marriage.

SAHIH NIKAH (VALID MARRIAGE):

A valid marriage under Islamic law has significant social and legal effects, including the following:

• Inheritance Rights: Both spouses are entitled to inherit from each other as specified by Islamic law.

• Maintenance and Alimony: The wife and children are entitled to maintenance and alimony. This is reinforced by Section 125 of the Criminal Procedure Code, 1973, and was affirmed by the Supreme Court in the landmark case of Mohd. Ahmad Khan v. Shah Bano Begum (1985).

• Iddat: A divorced wife or widow is required to observe the Iddat period following the dissolution of the marriage or widowhood. During this period, she is prohibited from remarrying.

These effects ensure that the rights and responsibilities of each party are upheld in accordance with both Islamic principles and legal standards.

Batil Nikah (Void Marriage):

A void marriage is one that fails to meet the essential requirements of a valid marriage, rendering it legally ineffective and unenforceable. Such marriages are without legal rights or obligations. The following types of marriages are considered void:

• Marriages within Prohibited Degrees: Unions between close blood relatives are deemed void.

• Marriages Prohibited by Affinity: Marriages with individuals such as sisters, aunts, or nieces are not recognized.

• Marriages with Foster Relatives: Marriages with foster mothers or foster sisters are void, except in certain Sunni contexts where exceptions may apply.

• Marriages During Iddat: Marriages with a woman who is observing Iddat, according to Shia law, are invalid.

• Marriages with Existing Spouses: Marriages to individuals who are already married and whose existing marriage is still valid are void.

These categories are not exhaustive, as additional types of marriages may be deemed void based on the principles of different schools of Islamic law. For instance, in Munshi v. Mst. Alam Bibii (1912), the court determined that marriages prohibited due to non-compliance with certain conditions are void.

Effects of a Void Marriage:

• Legal Invalidity: A void marriage is legally invalid from the outset and does not gain validity even if consummated.

• No Rights or Obligations: The marriage does not establish any legal rights or responsibilities between the parties.

• Maintenance: The wife is not entitled to maintenance.

• Inheritance: Neither party has inheritance rights from the other, though the woman may claim dower if the marriage was consummated.

• Legitimacy of Offspring: Children born from a void marriage are considered illegitimate.

• Separation and Remarriage: The parties are free to separate at any time without formal divorce and may lawfully enter into another marriage.

These provisions ensure that void marriages are treated as legally ineffective, protecting the rights and responsibilities of individuals under Islamic law.

Fasid Nikah (Irregular Marriage):

An irregular marriage, or fasid nikah, refers to a union entered into by parties who are subject to relative prohibitions or directory incapacity, making the marriage irregular under Islamic law.

Grounds Rendering a Marriage Irregular (Fasid):

• Lack of Witnesses: Marriages conducted without the presence of witnesses, applicable in Sunni traditions.

• Marriage to a Fifth Wife: Unions involving a fifth wife, in violation of Sunni restrictions on polygamy.

• Marriage During Iddat: Marriages contracted with a woman who is observing Iddat.

• Marriage to a Non-Scriptural Woman: Unions with women who are not followers of revealed religions, such as idolatresses or fire worshippers.

• Violation of Regulations: Marriages that contravene established regulations concerning unlawful conjunctions.

Effects of an Irregular Marriage:

• Dower Entitlement: Prior to consummation, the wife is not entitled to dower in the event of divorce.

• Iddat Exemption: The wife is not required to observe the rules of Iddat.

• Maintenance During Iddat: The wife is not entitled to maintenance from her husband during the Iddat period.

• Legitimacy of Offspring: Children born from an irregular marriage are considered legitimate and inherit all property rights if the marriage is consummated.

These provisions delineate the legal status and implications of an irregular marriage under Islamic law, ensuring clarity in matters of rights and obligations.

Muta Marriage (Temporary Marriage):

The term "muta" refers to a form of temporary marriage contracted for a specified period, commonly known as a temporary marriage or "enjoyment marriage." This institution is not recognized within the Ithna Ashari or Shia School of Islamic law.

Essentials of Muta Marriage:

Muta marriage involves four key components:

• Form: It must be structured as a formal contract, requiring a clear offer and acceptance.

• Subject: A man may contract a muta marriage with a woman of the Mohammedan, Christian, or Jewish faith, or even with a fire-worshipper. However, a Shia woman is prohibited from entering into a muta marriage with a non-Muslim. Relations prohibited by affinity are also deemed unlawful.

• Term: The duration of the marriage must be specified, which can range from a single day to several years.

• Dower: The amount of dower must be explicitly stated.

Essentials and Formal Requirements of Marriage:

In Muslim communities, customary and ceremonial practices are observed during marriage ceremonies; however, these social customs do not have legal binding. For a marriage to be legally recognized, specific documentation and procedures must be followed. These prerequisites are essential for validating or determining the irregularity of a marriage.

The requirements for a valid marriage include:

• Proposal and Acceptance: A proposal must be made by one party or their proxy, and accepted by the other party or their proxy, both in the presence of and within the auditory comprehension of two male witnesses or one male and two female witnesses. All witnesses must be of legal age and adhere to the Muslim faith.

• Contemporaneous Proposal and Acceptance: The proposal and acceptance must occur at the same gathering. A marriage will not be legally recognized if the proposal is made at one gathering and the acceptance at another.

• Documentation and Officiant: While customary practices and religious ceremonies may be observed, they are not legally required. A marriage can be valid without written documentation or the presence of a religious officiant, provided the formal requirements are met.

These conditions ensure that the marriage is valid under Islamic law and meets the necessary legal criteria.

The Essential Elements of Marriage

1. Proposal and Acceptance:

The foundational framework of marriage is established through the act of Hijab-o-Qaboos, which encompasses the proposal and acceptance of the union. This process is akin to any other contractual agreement. Specifically:

• Proposal (Ijab): One party must formally extend a marriage proposal to the prospective partner.

• Acceptance (Qabool): The other party, or their representative, must convey their acceptance of the proposal. This exchange must occur in the presence and audible range of two adult male witnesses or one adult male and two adult female witnesses, all of whom must be of the Muslim faith for the marriage to be legally valid.

The proposal and acceptance must occur at the same meeting. A marriage cannot be legally consummated if the proposal and acceptance take place in separate gatherings, and written documentation or religious ceremonies alone cannot validate the marriage.

• Presence: The proposal and acceptance must be articulated in the presence of the opposing party or their designated representative. The parties must be within hearing range of each other if the exchange occurs in their presence.

• Single Meeting: For legal validation, all proceedings must occur within a single session. If the proposal is made at one meeting and the acceptance at another, the marriage is not legally recognized.

• Reciprocity: The exchange of proposal and acceptance must be mutual and unconditional. Any conditional acceptance, such as requiring a specific dower amount, renders the marriage invalid. For example, if one party accepts a proposal contingent on receiving a specific amount as dower, the marriage is not considered valid.

• Witnesses: The proposal and acceptance must be witnessed by three Muslim individuals of legal age and sound mind, following gender specifications as outlined by Sunni law. While the absence of witnesses does not automatically invalidate the marriage, it is irregular and uncommon.

• Free Will and Consent: The consent of both parties must be given voluntarily, without any form of coercion, deceit, or undue influence.

2. Competent Parties

• Age of Marriage: Individuals must possess the capacity to enter into a marriage contract, which is typically linked to reaching puberty and legal majority. Muslims who have attained puberty and are of sound mental faculties are eligible to marry.

• Puberty: Puberty is defined as the stage at which an individual is capable of sexual relations and procreation. In Islamic law, reaching puberty is equivalent to achieving legal majority.

• Marriage of Minors and Guardianship: Marriages involving minors are considered void unless validated upon the minor reaching legal majority and obtaining consent from their guardian.

3. No Legal Disability

Legal incapacity pertains to specific conditions that preclude an individual from marrying. These are categorized as follows:

1. Complete Incapacity: Conditions that render a person entirely incapable of entering into a marriage.

2. Relative Incapacity: Conditions that prevent marriage based on specific relationships or circumstances.

3. Impeding Incapacity: Factors that temporarily or conditionally hinder the ability to marry.

4. Advisory Incapacity: Recommendations or legal advisories that suggest restrictions on marriage.

These legal requirements ensure that the marriage is valid and in accordance with Islamic principles.

Nikah via Phone, Video Conference, and Internet

Nikah, which incorporates elements of ibadat (worship) and requires the presence of two witnesses, is more complex than a simple contractual agreement. As such, the direct proposal and acceptance of marriage conducted via phone, internet, or video conferencing are generally considered unreliable.

However, a Nikah conducted through electronic media may be valid if the following conditions are met:

• Legal Representation: The parties involved must appoint legal representatives to act on their behalf.

• Proposal and Acceptance: Both parties must convey their proposals and affirm their consent through their designated legal representatives.

• Witness Information: The witnesses must be informed of the identity of the appointed attorney, including their name, the names of their father, and their residential address.

Categories of Rights and Responsibilities in a Valid Marriage

Upon the valid exchange of proposal and consent, the rights and responsibilities arising from the marriage can be categorized as follows:

1. Reciprocal Rights and Obligations: These are the mutual rights and duties that both spouses owe each other under the marriage contract.

2. Rights and Responsibilities of the Wife and Husband: This includes the specific entitlements and obligations of each spouse towards the other.

3. Husband's Responsibilities and Wife's Duties: This category delineates the distinct responsibilities of the husband and the corresponding duties of the wife.

These categories help clarify the legal and social expectations of each party in a marriage, ensuring that all obligations and entitlements are properly recognized and enforced.