Marriage under Muslim Law

Marriage, known as Nikah in Islam, is regarded as both a sacred institution and a civil contract. It plays a crucial role in the social and legal life of Muslims. Unlike in some other faiths where marriage is only seen as a sacrament, in Islam, it is recognised as a contract that not only legalises sexual relations but also protects the rights and obligations of both husband and wife. 

Over the years, the law surrounding marriage among Muslims in India has evolved significantly, especially in matters of women’s rights, divorce, and the introduction of reforms like the Uniform Civil Code (UCC) in certain states.

Historical Background and Sources

Muslim law in India is largely uncodified but is drawn from various sources, both codified and uncodified. The primary sources include the Quran, the Hadith (sayings and actions of Prophet Muhammad), Ijma (consensus among Islamic scholars), Qiyas (analogy), and longstanding customs. Over time, several schools of thought have developed, notably among Sunnis and Shias. Among Sunnis, there are four main schools: Hanafi, Hanbali, Maliki, and Shafi. In India, the Hanafi school is the most widely followed.

Marriage, as understood under Muslim law, has always reflected the cultural and religious context of the community. Pre-Islamic Arab society allowed for arbitrary marriages and divorces, with few rights for women. With the advent of Islam, the legal status and rights of women were considerably improved, and marriage became a contract that required the free consent of both parties.

Concept and Nature of Muslim Marriage

Under Muslim law, Nikah is both a civil contract and a sacred institution. It is intended to legalise sexual relations, ensure the procreation of children, promote mutual love, and establish the foundation of a stable family life. While the Hindu conception of marriage is more sacramental, Muslim marriage is essentially contractual but not without its spiritual and ethical aspects.

Key Features

• Civil contract: Involves an offer (Ijab) and acceptance (Qubul) between two parties or their guardians.
• Religious significance: It is also considered a religious duty, and even Islamic religious leaders are encouraged to marry.
• Consent: Free consent is a must; forced or fraudulent marriages are invalid.
• Witnesses: The presence of witnesses is mandatory to protect the rights of both spouses.

Marriage in Islam is thus designed to protect the interests of both partners, offer stability to families, and serve as a moral foundation for society.

Essentials of a Valid Muslim Marriage

For a marriage to be recognised as valid (Sahih Nikah) under Muslim law, certain essential conditions must be met:

Proposal and Acceptance (Ijab and Qubul)

The marriage process starts with an offer (Ijab) from one party and its acceptance (Qubul) by the other, both made in the same meeting. The acceptance must be free from ambiguity or delay.

Competency of Parties

• Majority: Both parties should have attained puberty, which is generally considered to be around 15 years of age. If either party is a minor, the marriage may be contracted by a guardian.
• Sound Mind: Both the bride and groom must be of sound mind at the time of marriage.
• Muslim identity: Both should be Muslims. Muslim men can marry ‘People of the Book’ (Christians or Jews), but Muslim women cannot marry non-Muslims.

Free Consent

Consent must be given voluntarily, without force, coercion, or fraud. Any marriage obtained by force or fraud is void.

Dower (Mahr)

Dower is a mandatory sum of money or property promised by the groom to the bride at the time of marriage. It is her absolute right and serves as a symbol of respect and financial security.

Absence of Legal Disabilities

Certain marriages are prohibited:

• Absolute prohibitions: Marriage within close blood relations (consanguinity), through fosterage (same woman breastfed both parties), or certain relatives by marriage (affinity).
• Relative prohibitions: Temporary bars such as marrying two sisters at the same time, exceeding the limit of four wives, marrying during the Iddah (waiting period) of a woman.

Witnesses

In Sunni law, at least two male witnesses (or one male and two female witnesses) must be present. In Shia law, witnesses are not strictly required but are recommended.

Registration

Registration of marriage is not strictly required under traditional Muslim law, but Indian law increasingly mandates it for proof and legal clarity. The Nikahnama, a marriage contract, records the marriage details.

Types of Marriages under Muslim Law

Muslim law recognises several types of marriages based on validity and compliance with legal conditions:

Sahih Nikah (Valid Marriage)

• All essential requirements are fulfilled.
• Cohabitation is lawful, children are legitimate, and mutual inheritance rights exist.
• The wife is entitled to maintenance and dower, and Iddah is required after dissolution.

Batil Nikah (Void Marriage)

• Violates absolute prohibitions, such as incest or marrying during Iddah.
• No legal relationship is created; children are illegitimate.
• Neither party has claims to maintenance or inheritance from the other.

Fasid Nikah (Irregular Marriage)

• Marriages with temporary defects, such as lack of witnesses, difference of religion, or marrying a fifth wife.
• Can be regularised by removing the defect.
• Children born out of such marriages are legitimate, and the wife is entitled to dower after consummation.

Muta Marriage (Temporary Marriage)

• Recognised only by certain Shia sects, not by Sunnis.
• Contracted for a fixed period and specified dower.
• No mutual inheritance, and maintenance is not generally available unless agreed upon.
• Children are considered legitimate.

Polygamy and Related Provisions

Polygamy is permitted for Muslim men under the condition that a man may marry up to four wives but must treat them equally and provide for them. Women, however, are not allowed to have more than one husband at the same time.

Dissolution of Muslim Marriage

Divorce by Husband

• Talaq: Unilateral divorce by pronouncement from husband.
• Types of Talaq:
  • Talaq-e-Sunnat: Revocable, considered the best form.
  • Talaq-i-Ahsan: One pronouncement, followed by abstinence for the Iddah period; can be revoked during Iddah.
  • Talaq-i-Hasan: Pronounced thrice over three Tuhr (purity) periods.
  • Talaq-i-Biddat (Triple Talaq): Instant divorce, now unconstitutional in India.

Divorce by Wife

• Talaq-e-Tafweez: Delegated right of divorce to the wife, as per agreement.
• Khula: Divorce initiated by the wife, usually with return of dower.
• Mubarat: Mutual consent divorce, with no compensation exchange.

Other forms

• Ila: Husband vows abstinence; marriage dissolves after Iddah if he does not resume marital relations.
• Zihar: Husband likens wife to a prohibited relation; forbidden and requires penance.

Judicial Divorce

• Dissolution of Muslim Marriage Act, 1939: Allows Muslim women to seek divorce on several grounds, such as cruelty, neglect, impotence, or failure to provide maintenance.

Conclusion

Marriage under Muslim law in India is a dynamic institution, balancing contractual rights and spiritual obligations. Its framework ensures the dignity of both partners, the legitimacy of children, and the protection of women’s rights. Over time, significant reforms and judicial decisions have pushed the law towards greater equality and justice, particularly for women. 

With the advent of reforms like the UCC and important court rulings, Muslim marriage law is steadily evolving to meet the needs of modern Indian society while respecting its rich traditions.