Types of Muslim Marriage

There exist different Muslim sects that adhere to their own adaptations of Muslim marriage. For example, Sunni law requires witnesses for a marriage to be deemed valid, whereas Shia law does not.
Generally, there are four kinds of Muslim marriages: Sahih, Batil and Fasid and muta.
Essentially, a valid marriage must adhere to the specific conditions and ceremonies outlined by the relevant Muslim sect. A void marriage, also known as a batil marriage under Muslim Law, is considered null and void primarily due to the presence of certain legal impediments.
An irregular marriage is a marriage that is temporarily invalid and may be deemed valid after the removal of some irregularities. Muta marriage under Islaminc Law is a type of marriage that is set for a predetermined duration and is recognised under Muslim Law
Sahih (valid) marriage
Sahih marriage, also known as Nikah, is the most common kind of marriage under Muslim law. It is considered the only valid and lawful form of marriage, as it is in accordance with the principles of Islam. In a Sahih marriage, the parties enter into a permanent and stable union, with the intention of living together as husband and wife for the rest of their lives.
The marriage is based on mutual consent and the parties are free to negotiate and agree upon the terms and conditions of the marriage.
Characteristics of Sahih Marriage
Sahih marriage has certain characteristics that distinguish it from other types of Muslim marriage.
- It is a permanent and stable union, which is intended to last for the rest of the parties’ lives.
- It is based on mutual consent and agreement and both parties must freely and voluntarily consent to the marriage.
- The marriage must be conducted in accordance with the principles of Islam, which include the presence of witnesses, the payment of a dower (mahr) to the wife and the recitation of certain formulae.
Legal Requirements
- A proposal made by one party and accepted by the other.
- The marriage takes place in front of witnesses. Under Sunni law, the presence of two males or one male and two females who are sane, adult and Muslim is required. Under Shia law, the presence of witnesses is not essential at the time of marriage.
- The proposal and acceptance take place in the same meeting.
- The parties are capable of marrying, meaning they should be of sound mind and at the age of puberty. According to Hedaya, the age of puberty for girls is nine years and for boys is 12 years.
- The parties are capable of giving free consent. In the case of minors or lunatics, the consent of a guardian on their behalf is admissible.
- There should not be any legal disability, whether absolute (consanguinity, affinity, fosterage) or temporary (unlawful conjunction, polygamy, absence of proper witnesses, marriage with a woman undergoing iddat, different religions).
Consequences
After fulfilling all of these conditions, the marriage becomes valid, meaning it gives rise to mutual duties and obligations that the husband and wife must follow during the course of their marriage. Sexual intercourse becomes lawful and children born out of a valid marriage are considered legitimate.
The parties become entitled to inherit each other’s property and the wife is entitled to dower and is obligated to observe iddat in case of dissolution of marriage or death of the husband.
Batil Nikah
A void marriage, also known as a Batil Nikah, is a marriage that fails to meet the necessary conditions for a valid marriage. In such a marriage, no legal rights or obligations are recognised. The following types of marriages are considered void:
- Marriages between parties who are closely related by blood.
- Marriages that are prohibited by reason of affinity.
- Marriages with a foster mother or foster sister. Sunni law recognises an exception for marriages with the foster mother of one’s sister or foster sister’s mother, foster son’s sister or foster brother’s sister.
- Marriages with a woman who is undergoing iddat (the period of waiting after divorce or death of the husband) under Shia law.
- Marriages with a fifth wife.
- Marriages with someone else’s wife, provided her marriage is still valid.
Consequences
The consequences of a void marriage are that it does not confer any legal obligations or rights on the parties involved. The wife is not entitled to dower or maintenance and any children born out of the marriage are considered illegitimate and have no right to inherit property. The parties are not required to follow legal divorce procedures and can simply separate and marry someone else without any legal formalities.
Fasid Nikah
An irregular marriage, also known as a fasid marriage, is considered an invalid marriage because it does not fulfil all of the necessary conditions for a valid marriage.
However, this type of marriage in Islam can be converted into a valid marriage by removing the irregularities. The concept of irregular marriage is recognised only under Sunni law, as Shia law does not offer a middle path between valid and void marriages.
Under Sunni law, the following marriages may be considered irregular:
- Marriage without witnesses. The parties may remarry in the presence of witnesses to make their marriage valid.
- Marriage with a fifth wife. It will be valid if the husband divorces one of his four wives and then marries the fifth one.
- Marriage with a woman in her iddat period. The marriage will be valid if contracted after the expiration of the iddat period.
If an irregular marriage has been consummated, the wife is entitled to dower and must undergo iddat under Islamic Law. The children born from such a marriage are legitimate. If the irregular marriage has not been consummated, the wife is not entitled to dower and the parties can separate without legal formalities.
Temporary Marriage (Muta Marriage)
Muta marriage is a temporary marriage contract that is prevalent in Shia Islam, although it is not recognised by Sunni Muslims. This kind of Muslim marriage is a fixed-term marriage contract that specifies the length of the marriage, which can range from a few hours to several years. The marriage is automatically dissolved when the term of the contract expires, without the need for a formal divorce.
The main significance of Muta marriage is that it provides a way for individuals to engage in a temporary marital relationship without violating Islamic law. In situations where a permanent marriage is not feasible, such as when a man is travelling or when a woman is in need of financial support, a temporary marriage can be a solution.
It is important to note that Muta marriage is not considered equivalent to permanent marriage and the rights and responsibilities of the parties to a Muta marriage are different from those in a permanent marriage.
Legal Requirements for a Valid Muta Marriage
For a Muta marriage to be valid under Muslim law, certain legal requirements must be met. These include:
Consent: Like all other forms of marriage under Muslim law, the parties to a Muta marriage must have the capacity to consent to the marriage. This means that they must be of sound mind, free from coercion and must have reached the age of puberty.
Offer and Acceptance: The marriage contract must be made through an offer and acceptance by the parties involved. The offer must be made by the man and the acceptance must be made by the woman.
Mahr: The man must pay a fixed amount of money or property to the woman as a gift or dowry. This is known as the Mahr and it is a mandatory requirement for all kinds of Muslim marriages.
Witnesses: Like in all other types of Muslim marriages, the Muta marriage must be witnessed by two male witnesses or one male and two female witnesses who are of sound mind and of Muslim faith.
Characteristics
There are some specific characteristics of Muta marriage that distinguish it from other forms of marriage under Muslim law. These include:
Fixed-term contract: The marriage is for a specified period, which is agreed upon by the parties involved.
No automatic right to inheritance: Unlike permanent marriages, the parties to a Muta marriage do not have an automatic right to inherit from each other.
No automatic custody of children: The mother does not have an automatic right to the custody of any children born out of the Muta marriage.
Criticisms and Controversies Surrounding Muta Marriage
Muta marriage is a controversial practice that has been criticised by some Muslim scholars and human rights groups. Some of the criticisms and controversies surrounding Muta marriage are:
Morality: Critics argue that temporary marriages violate the Islamic concept of morality and decency.
Exploitation: Some critics argue that Muta marriage can be a form of exploitation of vulnerable women, especially those in need of financial support.
Legal status: Muta marriage is not recognised by the Indian legal system, which means that women in Muta marriages may not have legal protection if they face abuse or violence.
Conclusion
There are four types of Muslim marriage that are recognised in Islamic law. Each of these types of marriage has its own unique characteristics and requirements and is subject to different rules and regulations under Islamic law. While some of these forms of marriage have been controversial and subject to criticism, they continue to be practised in various parts of the Muslim world.
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