What Is Marriage As Per Muslim Law

MUSLIM MARRIAGE (NIKAH) is a contract a per MUSLIM LAW, there are a few conditions for a valid contract of marriage, as mentioned below:-

1. Bride and Groom should have the capacity to contract marriage
2. Proposal from either one is mandatory
3. Acceptance of proposal is mandatory
4. Marriage should be obstruction free

BRIDE AND GROOM SHOULD HAVE CAPACITY TO CONTRACT MARRIAGE

• A Muslim man or woman with sound mind, if attained the age of puberty have the capacity to marry. 
• A Muslim woman cannot marry a non-muslim as per Muslim Law.
• A Muslim man can marry a non-muslim woman if she is a kitabia, which means if she is from the abrahamic religions, i.e., Christianity or Judaism, religions revealed through divine book
• A Muslim man or woman can marry a non-muslim man or woman, only if the non-muslim man or woman converts to Islam before marriage

PROPOSAL AND ACCEPTANCE IN MUSLIM MARRIAGE (NIKAH)

• Proposal in Muslim Marriage is known as "IJAB"
• Acceptance in Muslim Marriage is known as "QUBUL"
• Ijab and Qubul is a must for a valid Muslim Marriage (Nikah)
• A Valid Muslim Marriage should have two male witnesess or one male and two female witnesses
• Ijab and Qubul should be without any confusion and should be made by both bride and groom in presence of witnesses by themselves or on behalf of them by others

MUSLIM MARRIAGE (NIKAH) SHOULD BE OBSTRUCTION FREE

A valid Muslim Marriage (Nikah) is known as "Sahih" only if it is obstruction free or only if it does not fall under void or irregular marriage, details explained below:-

VOID MARRIAGE (BATIL)

• A void marriage is known as "BATIL"
• A married muslim woman cannot marry another muslim man if her husband is still alive, such marriage is called void (BATIL)
• The bar of consanguinity renders a marriage void for muslim man.
• Marriage is also prohibited on ground of affinity for a muslim man 
• Fosterage is also another obstruction to a valid muslim marriage

IRREGULAR MARRIAGE (FASID)

• A marriage without the presence of witnesses fall under FASID
• Marrying a fifth wife, while all four wives are alive and in relationship makes the fifth marriage FASID
• Marrying a woman undergoing iddat makes the marriage FASID
• Marrying a person prohibited by reason of difference of religion makes the marriage FASID

With this we have explained WHAT IS MUSLIM MARRIAGE (NIKAH) as per MUSLIM LAW. 

Keep reading our other blogs to know about different concepts related to MUSLIM MARRIAGE (NIKAH).

Take care, Allahafiz

 

  29th December, 2022